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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/~'-
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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'---
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Cemete:ry
616nl4-6783
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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 $13.80
FAX/722-1214
Neigh, & Const. The Engineering Department intends to submit this issue to the City Commission on the l I th of
Services June 2002, as to whether or not a special assessment district should be created and to proceed
616171+671~
FAXfl26-Z,0I with the originally proposed improvements. We very much appreciate you taking the time to
review this information and indicate on the attached response card your feeling (in favor or
Pl • nninz!Zonin&
616n24-6702 against) by signing in either area.
FAxn24-6790
Police Dtpl. In order for your vote to be considered, please return your response to the Engineering
616/714-6750
FAXflll-.5140
Department no later than June I 11h, 2002. Your response can be faxed to (231) 727-6904.
Public: Works
6t6n2'4l00
If you have any questions and/or comments, call (231) 724-6707.
FAxn2l IU •
Trea,um Thank you,
6t6mun~/} - ·
FAxn14-67 ~
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Water sm1n1 pl Mohammed Al-Shatel, P.E.
61•mu111
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c·1ty Engmeer
.
S.\ENCirNEERJNG\COMMON'\2002 MASTER FILE\PROJECTS\black creek f0ad.Hl$)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
~....
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Thu-"-· . .,_ •n
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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
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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
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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
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ru
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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"
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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
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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
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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\...,_,_ _ _ _ _ _ _ __
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a F1na1 a flnal o FINI a Fina!
•--- •--- •--- •---
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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
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\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
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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
-
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------- - ---------\'/:/\
/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
[
\ __ _
----- - --~ ,--- _____ _
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314 0 300 292 ----- -
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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
(' ('
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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
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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
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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
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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.
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GEORGEDOD, BUILDING INSPECTOR
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DATE
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/ BUILDING INSPECI'ION . 0
1715 SUPERIOR
10/14/97
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Structural
Electrical
: . :3.:rvice drop puiled loose :ram buiiciing. ~~
2. Service not properly grounded. (/ ll--
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Kitchen outlets not
:;;::d!e:all. ~.il.
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15cyer improperly wired. 4C'V I~ . .
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$ 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
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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. ·
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· 1. CPVC:pipe coming off water heater not to code; must be hard piped first 18" off water 11/-,
heater.
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oEORGEDOoo, DATE
BUILDING INSPECTOR
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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
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BUILD MICIDGAN ill CAB APR 15 2002-
NONFED Job Number 56028; 59527-
Control Section · ~,,.6J.l53·i··MB .... S.6115.1.
Contract No. 4fll9 ,.,, . ',. ·'
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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
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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.
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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.
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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.
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(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.
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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
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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.
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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.
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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,
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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.
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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
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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
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