City Commission Packet 07-26-2011

View the PDF version Google Docs PDF Viewer

  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                       JULY 26, 2011
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
NTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Switchgear Upgrade Engineering Proposal. WATER FILTRATION
  C. Muskegon County Mutual Police Assistance Agreement.              PUBLIC
     SAFETY
  D. Encroachment Ordinance Amendment. CITY CLERK
  E. Resolution Authorizing Issuance of Municipal Security with a Grant with
     Fifth Third Bank. FINANCE
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
  A. Approval of Sale of City-Owned Home at 468 W. Forest. COMMUNITY &
     NEIGHBORHOOD SERVICES
  B. Approval of Sale of City-Owned Home            at   1080   E.   Laketon.
     COMMUNITY & NEIGHBORHOOD SERVICES
  C. Approval of Sale of City-Owned Home at 1644 Division. COMMUNITY &
     NEIGHBORHOOD SERVICES
       D. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish 407 Marquette. PUBLIC SAFETY
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   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 Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:     July 26, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the July 11th
Commission Worksession Meeting and the July 12th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        City of Muskegon
                                  City Commission Worksession
                                          July 11, 2011
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2011-48
Present: Commissioners Warmington, Gawron, Carter, Spataro, Shepherd, and Wisneski.
Absent: Commissioner Wierengo.

Civil Infraction Fees.
Many zoning ordinance violations have occurred. Commissioner Spataro asked what avenues
can be taken to enforce the ordinance?

Currently the City issues civil infractions. The City Attorney will review the law to see if the
fees for civil infractions can be raised.

Public Safety Direction Discussion.
The City Commission discussed the position of the Public Safety Director with the resignation of
the current Public Safety Director, Tony Kleibecker.

It was decided that the City Manager should try to recruit candidates with experience in Policing,
Fire, and Inspections. It is understood these qualifications will limit the pool of candidates and
may take several months to hire a new director. In the meantime, interim candidates from within
the department(s) will be chosen to cover the position.

Proposed Encroachment Ordinance.
A proposed Encroachment Ordinance was presented to the City Commission for their
consideration. The proposed ordinance would allow staff to approve encroachments. Currently
the City Commission approves all encroachments. Any encroachments that may be denied by
staff can be appealed to the City Commission.

Under the proposed ordinance, all current encroachments will expire on August 31, 2011 and
will need to be renewed on an annual basis. This will ensure that all information is kept current
and a current certificate of insurance is on file. New proposed fees are $25 if an annual
inspection is not required and a $50 fee if an annual inspection is required.

Adjournment.
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 6:35
p.m.

                                                                             MOTION PASSES

                                                             ________________________
                                                              Ann Marie Becker, MMC
                                                                   City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JULY 12, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 12, 2011.
Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear
from the Lakeside Baptist Church after which the Commission and public recited
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Steve Wisneski, and Chris
Carter, Acting City Manager-Public Safety Director Tony Kleibecker, City
Attorney John Schrier, and City Clerk Ann Marie Becker.
Absent: Commissioner Sue Wierengo (excused).
2011-49 HONORS AND AWARDS:
     A. Recognition of Neighborhood Associations for Bicycle Equipment
        Donation.
Public Safety Director Tony Kleibecker, introduced representatives from the
Nelson Neighborhood Improvement Association and the Marquette
Neighborhood Association who donated money to the Police Department
allowing them to purchase bicycle trunks.
     B. Social Justice Commission of Muskegon County.
Public Safety Director Tony Kleibecker introduced Reverend Samuel Greer who
explained what the Social Justice Commissions goals are. Reverend Greer
asked for a resolution of support.
Motion by Commissioner Spataro, second by Commissioner Shepherd to adopt
a resolution of support for the Social Justice Commission.
ROLL VOTE: Ayes:  Shepherd, Spataro, Warmington, Wisneski, Carter, and
           Gawron
           Nays: None
MOTION PASSES
      C. Honorary Ambassador Award.
Mayor Warmington presented Bobby Serio with an Honorary Ambassador
Award thanking him for volunteering his time by cutting the lawn and watching
over the Community & Neighborhood Services home that is for sale next door to
him.
2011-50 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, June 28, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. SECOND READING: Rezoning Request for the Property Located at 1753
         Madison Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1753 Madison Street
from I-2, General Industrial to B-4, General Business District, by Kurt Dykman, JNJ
Discounts. The applicant would like to move his growing retail business to this
location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 16th meeting.
      C. SECOND READING: Rezoning Request for the Property Located at 2010
         S. Getty Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 2010 S. Getty Street
from I-1, Light Industrial to B-4, General Business District, by Michael Vasquez. The
applicant would like to open an auto dealership at this location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their June 16th meeting.
      D. Consideration of Bids:     Interior Painting of the Roberts and Marshall
        Elevated Tanks (W-730). ENGINEERING
SUMMARY OF REQUEST: Award the project to M.K. Painting, Inc. out of
Wyandotte, MI. M.K. Painting, Inc. submitted the lowest responsible bid of
$167,000.
FINANCIAL IMPACT: The contract cost of $167,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to M.K. Painting, Inc.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes:   Spataro, Warmington, Wisneski, Carter, Gawron, and
           Shepherd
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk
Date:       July 24, 2011
To:         Honorable Mayor and City Commission
From:       Water Filtration Plant
RE:         Switchgear Upgrade Engineering Proposal



SUMMARY OF REQUEST:
Authorize staff to enter into agreement with Tetra-Tech to provide the
necessary engineering design, bidding assistance and start-up
construction assistance to replace the existing 1972 pump station
switchgear for $24,950 since they were the design engineer for the
entire facility back in 2004.
FINANCIAL IMPACT:
This upgrade was budgeted at $175,000 which includes engineering
services.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Authorize staff to enter into an engineering service agreement with
Tetra-Tech for $24,950 as per the attached proposal.
Date:          July 11, 2011
To:            DPW Director – Mohammed Al-Shatel
From:          Water Filtration – Kevin Herbert
RE:            1972 Pump Station Switchgear Engineering
               Services




The switchgear breakers outside the 1972 built high service pump station switches 2400
volt power between the 6 high service pumps is in need of an upgrade.

These breakers have been problematic and are unreliable due to their current age. As part
of the last major plant expansion, this switchgear was expanded to include a new main
secondary breaker, tie breaker, and generator main breaker as well as new motor starters
for high service pumps 1-6. The new starters were supplied with solid state protective
relaying. Due to cost constraints at that time, these breakers remained with the intent that
upgrades to these would be done at a later date. These breakers are approaching 40 years
of service.

Tetra-Tech was the engineering company that was involved in the plant upgrade project
in 2004 and was responsible for the design of the plants electrical distribution system as
well as the plant supervisory control and data acquisition systems. Gene Jones from
Tetra-Tech is intimately familiar with these systems and as the electrical engineer has
provided support and troubleshooting assistance to us at no cost for the last 7 years. Gene
has been an invaluable resource.

I recommend approval of the proposal from Tetra-Tech to provide engineering services
for the switchgear upgrade at a cost of $24,950.00.
June 30, 2011


Mr. Kevin M. Herbert
Muskegon Water Filtration Plant
1900 Beach Street
Muskegon, MI 49441


Re:       Muskegon Water Filtration Plant
          Proposal for Professional Services
          1972 Medium Voltage Switchgear Upgrade


Dear Mr. Herbert:

Pursuant to your request, we are pleased to provide the City of Muskegon a proposal for
engineering design, bidding assistance, and startup construction assistance services for upgrades
to the 1972 Switchgear, two high service pump feeder breakers, and associated protective relays,
as well as replacement of existing surge suppression units that have reached the end of their
useful life.

This proposal contains our understanding of the project requirements, proposed scope of
engineering services, and fee estimate.

STATEMENT OF UNDERSTANDING

It is our understanding that the City would like replace the existing 4160-volt feeder breakers that
distribute power to high service pumps 1-3-5, and 2-4-6. These breakers have been problematic
and are unreliable due to their current age. As part of the last major plant expansion, this
switchgear was expanded to include a new main secondary breaker, tie breaker, and generator
main breaker as well as new motor starters for high service pumps 1-6. The new starters were
supplied with solid state protective relaying. Due to cost constraints at that time, these breakers
remained with the intent that upgrades to these would be done at a later date. These breakers are
approaching 40 years of service.

The design will include a discussion with plant staff on which of three alternatives to choose from
with respect to these two breakers. The three alternatives to review include:

      1. Install new breakers in place of the existing breakers.
      2. Install new breakers and associated enclosures at the end of the existing switchgear and
         connect to the bus as required.
      3. Install new fused feeder switches versus breakers at the end of the pad and connect to the
         bus as required.


                                                                                                 Tetra Tech
                                                                           710 Avis Drive, Ann Arbor, MI 48108
                                                        Tel 734.665.6000 Fax 734.665.2570 www.tetratech.com
SCOPE OF SERVICES

The detailed scope of engineering services is as follows:

Design

    x    Tetra Tech will make one (1) site visit during the design phase to discuss project
         objectives, collect important onsite and remote site design information.
    x    Tetra Tech will develop the following design drawings:
             o Site Plan
             o Power Distribution Drawing
             o Wiring diagram for proposed revisions
             o Background plans
    x    Tetra Tech will prepare project specifications.

Bidding

    x    Tetra Tech will assist the City of Muskegon in preparing front-end contract documents.
         We have budgeted a total of 8-hours for this task.

    x    Provide one (1) copy of the Contract Documents (engineering drawings and
         specifications) and any addenda, which may be issued to bidding service agencies, such
         as Dodge Reports. Additional sets required for bidding will be sold to bidders or others
         for a nominal fee approximately equal to the cost of printing and handling.

    x    Conduct one (1) pre-bid meeting, maximum of one (1) days at OWNERS office.

    x    Respond to questions and prepare and issue addenda as required to interpret, clarify or
         expand the bidding documents.

    x    Review and evaluate the apparent low bidder’s qualifications for undertaking the work.

    x    Consult with and advise the City as to the acceptability of subcontractors and other
         persons and organization proposed by the prime contractor (hereinafter called
         “Contractor”) of those portions of the work as such acceptability is required by the
         bidding documents.

    x    Assist the City in evaluating bids and make recommendation of the award of the contract;
         and assist the City in obtaining the insurance, performance bond and payment bond
         certificates and other such submittal items required from the Contractor by the contract
         documents so that construction of the project can commence.

Construction Assistance

    x    Tetra Tech will provide 1-day of on-site construction verification to verify the contractor
         has installed and configured the components correctly.

                                                                                                  2
    x   Tetra Tech will provide 1-day of onsite start-up services to assist the City during
        installation and startup of the system.
    x   Tetra Tech has budgeted one (1) follow-up visit after the system has been in service for at
        least 30-days to verify operation of the switchgear.

SCHEDULE

We are available to start work within 14 days of the award of the contract.

COMPENSATION
Compensation for our personnel directly engaged in the work of this proposal will be based on a
lump sum of:

        Design                   -       $11,500
        Bidding Assistance       -       $7,100
        Construction             -       $6,350

                Total            -       $24,950

If you concur with our proposal, please sign in the space provided below and return one original
signed copy of this proposal to indicate your authorization to proceed. The agreement for this
project is comprised of this proposal and the attached Standard Terms and Conditions.

We look forward to working with you on this important project.            If you need additional
information, please call me at (734) 213-5075.


Sincerely,



Mick S. Jones, P.E.
Senior Project Manager


Encl.: Standard Terms and Conditions

Copy: Accounting (w/encl.)

PROPOSAL ACCEPTED BY

TITLE                                              DATE




                                                                                                 3
                                                         Tetra Tech of Michigan, PC
                                              Engineering Services Standard Terms & Conditions

Services Consultant will perform services for the Project as set forth in the provisions      mutually agree that Consultant assumes no responsibility for the waste or disposal
for Scope of Work/Fee/Schedule in the proposal and in accordance with these Terms &           thereof.
Conditions. Consultant has developed the Project scope of service, schedule, and              Contractor Selection Consultant may make recommendations concerning award of
compensation based on available information and various assumptions. The Client               construction contracts and products. The Client acknowledges that the final selection of
acknowledges that adjustments to the schedule and compensation may be necessary               construction contractors and products is the Client’s sole responsibility.
based on the actual circumstances encountered by Consultant in performing their
services. Consultant is authorized to proceed with services upon receipt of an executed       Ownership of Documents Drawings, specifications, reports, programs, manuals, or
Agreement.                                                                                    other documents, including all documents on electronic media, prepared under this
                                                                                              Agreement are instruments of service and are, and shall remain, the property of
Compensation In consideration of the services performed by Consultant, the Client             Consultant. Record documents of service shall be based on the printed copy.
shall pay Consultant in the manner set forth above. The parties acknowledge that              Consultant will retain all common law, statutory, and other reserved rights, including the
terms of compensation are based on an orderly and continuous progress of the Project.         copyright thereto. Consultant will furnish documents electronically; however, the Client
Compensation shall be equitably adjusted for delays or extensions of time beyond the          releases Consultant from any liability that may result from documents used in this form.
control of Consultant. Where total project compensation has been separately identified        Consultant shall not be held liable for reuse of documents or modifications thereof by
for various tasks, Consultant may adjust the amounts allocated between tasks as the           the Client or its representatives for any purpose other than the original intent of this
work progresses so long as the total compensation amount for the project is not               Agreement, without written authorization of and appropriate compensation to
exceeded.                                                                                     Consultant.
Fee Definitions The following fee types shall apply to methods of payment:                    Standard of Care Services provided by Consultant under this Agreement will be
      Salary Cost is defined as the individual’s base salary plus customary and               performed in a manner consistent with that degree of care and skill ordinarily exercised
      statutory benefits. Statutory benefits shall be as prescribed by law and                by members of the same profession currently practicing under similar circumstances.
      customary benefits shall be as established by Consultant employment policy.             Consultant makes no warranty or guaranty, either express or implied. Consultant will
      Cost Plus is defined as the individual’s base salary plus actual overhead plus          not be liable for the cost of any omission that adds value to the Project.
      professional fee. Overhead shall include customary and statutory benefits,              Period of Service Consultant shall perform the services for the Project in a timely
      administrative expense, and non-project operating costs.                                manner consistent with sound professional practice. Consultant will strive to perform its
      Lump Sum is defined as a fixed price amount for the scope of services                   services according to the Project schedule set forth in the provisions for Scope of
      described.                                                                              Work/Fee/Schedule above. The services of each task shall be considered complete
      Standard Rates is defined as individual time multiplied by standard billing             when deliverables for the task have been presented to the Client. Consultant shall be
      rates for that individual.                                                              entitled to an extension of time and compensation adjustment for any delay beyond
      Subcontracted Services are defined as Project-related services provided by              Consultant control.
      other parties to Consultant.                                                            Insurance and Liability Consultant shall maintain the following insurance and
      Reimbursable Expenses are defined as actual expenses incurred in                        coverage limits during the period of service. The Client will be named as an
      connection with the Project.                                                            additional insured on the Commercial General Liability and Automobile Liability
Payment Terms Consultant shall submit invoices at least once per month for services           insurance policies.
performed and Client shall pay the full invoice amount within 30 days of the invoice          Worker’s Compensation – as required by applicable state statute
date. Invoices will be considered correct if not questioned in writing within 10 days of      Commercial General Liability - $1,000,000 per occurrence for bodily injury, including
the invoice date. Client payment to Consultant is not contingent on arrangement of            death and property damage, and $2,000,000 in the aggregate
project financing or receipt of funds from a third party. In the event the Client disputes    Automobile Liability –$1,000,000 combined single limit for bodily injury and property
the invoice or any portion thereof, the undisputed portion shall be paid to Consultant        damage
based on terms of this Agreement. Invoices not in dispute and unpaid after 30 days            Professional Liability (E&O) - $1,000,000 each claim and in the aggregate
shall accrue interest at the rate of one and one-half percent per month (or the maximum
percentage allowed by law, whichever is the lesser). Invoice payment delayed beyond           The Client shall make arrangements for Builder’s Risk, Protective Liability, Pollution
60 days shall give Consultant the right to stop work until payments are current. Non-         Prevention, and other specific insurance coverage warranted for the Project in
payment beyond 70 days shall be just cause for termination by Consultant.                     amounts appropriate to the Project value and risks. Consultant shall be a named
                                                                                              insured on those policies where Consultant may be at risk. The Client shall obtain
Additional Services The Client and Consultant acknowledge that additional services            the counsel of others in setting insurance limits for construction contracts.
may be necessary for the Project to address issues that may not be known at Project
initiation or that may be required to address circumstances that were not foreseen. In        Indemnification Consultant shall indemnify and hold harmless the Client and its
that event, Consultant notify the Client of the need for additional services and the Client   employees from any liability, settlements, loss, or costs (including reasonable attorneys’
shall pay for such additional services in an amount and manner as the parties may             fees and costs of defense) to the extent caused solely by the negligent act, error, or
subsequently agree.                                                                           omission of Consultant in the performance of services under this Agreement. If such
                                                                                              damage results in part by the negligence of another party, Consultant shall be liable
Site Access The Client shall obtain all necessary approvals for Consultant to access          only to the extent of Consultant’s proportional negligence.
the Project site(s).
                                                                                              Dispute Resolution The Client and Consultant agree that they shall diligently pursue
Underground Facilities Consultant and/or its authorized subcontractor will conduct            resolution of all disagreements within 45 days of either party’s written notice using a
research and perform site reconnaissance in an effort to discover the location of existing    mutually acceptable form of mediated dispute resolution prior to exercising their rights
underground facilities prior to developing boring plans, conducting borings, or               under law. Consultant shall continue to perform services for the Project and the Client
undertaking invasive subsurface investigations. Client recognizes that accurate               shall pay for such services during the dispute resolution process unless the Client
drawings or knowledge of the location of such facilities may not exist, or that research      issues a written notice to suspend work.
may reveal as-built drawings or other documents that may inaccurately show, or not
                                                                                              Suspension of Work The Client may suspend services performed by Consultant with
show, the location of existing underground facilities. In such events, except for the sole
                                                                                              cause upon fourteen (14) days written notice. Consultant shall submit an invoice for
negligence, willful misconduct, or practice not conforming to the Standard of Care cited
                                                                                              services performed up to the effective date of the work suspension and the Client
in this Agreement, Client agrees to indemnify and hold Consultant and/or its
Subcontractor harmless from any and all property damage, injury, or economic loss             shall pay Consultant all outstanding invoices within fourteen (14) days. If the work
                                                                                              suspension exceeds thirty (30) days from the effective work suspension date,
arising or allegedly arising from borings or other subsurface penetrations.
                                                                                              Consultant shall be entitled to renegotiate the Project schedule and the
Regulated Wastes Client is responsible for the disposal of all regulated wastes               compensation terms for the Project.
generated as a result of services provided under this Agreement. Consultant and Client



                                                                                      Page 1 of 2                  Tt Engineering Terms & Conditions, Rev 05/21/10
Termination The Client or Consultant may terminate services on the Project upon                Safety Consultant shall be responsible solely for the safety precautions or programs
seven (7) days written notice without cause or in the event of substantial failure by the      of its employees and no other party.
other party to fulfill its obligations of the terms hereunder. Consultant shall submit an      Information from Other Parties The Client and Consultant acknowledge that
invoice for services performed up to the effective date of termination and the Client shall    Consultant will rely on information furnished by other parties in performing its services
pay Consultant all outstanding invoices within fourteen (14) days. The Client may              under the Project. Consultant shall not be liable for any damages that may be incurred
withhold an amount for services that may be in dispute provided that the Client                by the Client in the use of third party information.
furnishes a written notice of the basis for their dispute and that the amount withheld
represents a reasonable value.                                                                 Force Majeure Consultant shall not be liable for any damages caused by any delay
                                                                                               that is beyond Consultant’s reasonable control.
Authorized Representative The Project Manager assigned to the Project by
Consultant is authorized to make decisions or commitments related to the project on            Waiver of Rights The failure of either party to enforce any provision of these terms and
behalf of Consultant. Only authorized representatives of Consultant are authorized to          conditions shall not constitute a waiver of such provision nor diminish the right of either
execute contracts and/or work orders on behalf of Consultant. The Client shall                 party to the remedies of such provision.
designate a representative with similar authority.                                             Warranty Consultant warrants that it will deliver services under the Agreement within
Project Requirements The Client shall confirm the objectives, requirements,                    the standard of care. No other expressed or implied warranty is provided by
constraints, and criteria for the Project at its inception. If the Client has established      Consultant.
design standards, they shall be furnished to Consultant at Project inception. Consultant       Severability Any provision of these terms later held to violate any law shall be
will review the Client design standards and may recommend alternate standards                  deemed void and all remaining provisions shall continue in force. In such event, the
considering the standard of care provision.                                                    Client and Consultant will work in good faith to replace an invalid provision with one
Independent Consultant Consultant is and shall be at all times during the term of              that is valid with as close to the original meaning as possible.
this Agreement an independent consultant and not an employee or agent of the                   Survival All provisions of these terms that allocate responsibility or liability between
Client. Consultant shall retain control over the means and methods used in                     the Client and Consultant shall survive the completion or termination of services for
performing Consultant’s services and may retain subconsultants to perform certain              the Project.
services as determined by Consultant.                                                          Assignments Neither party shall assign its rights, interests, or obligations under the
Compliance with Laws Consultant shall perform its services consistent with sound               Agreement without the express written consent of the other party.
professional practice and endeavor to incorporate laws, regulations, codes, and                Governing Law The terms of agreement shall be governed by the laws of the state
standards applicable at the time the work is performed. In the event that standards of         where the services are performed provided that nothing contained herein shall be
practice change during the Project, Consultant shall be entitled to additional                 interpreted in such a manner as to render it unenforceable under the laws of the
compensation where additional services are needed to conform to the standard of                state in which the Project resides.
practice.
                                                                                               Collection Costs In the event that legal action is necessary to enforce the payment
Permits and Approvals Consultant will assist the Client in preparing applications and          provisions of this Agreement if Client fails to make payment within sixty (60) days of
supporting documents for the Client to secure permits and approvals from agencies              the invoice date, Consultant shall be entitled to collect from the Client any judgment
having jurisdiction over the Project. The Client agrees to pay all application and review      or settlement sums due, reasonable attorneys’ fees, court costs, and expenses
fees.                                                                                          incurred by Consultant in connection therewith and, in addition, the reasonable value
Limitation of Liability In recognition of the relative risks and benefits of the project to    of Consultant’s time and expenses spent in connection with such collection action,
both the Client and Consultant, the risks have been allocated such that the Client             computed at Consultant’s prevailing fee schedule and expense policies.
agrees, to the fullest extent permitted by law, to limit the liability of Consultant and its   Equal Employment Opportunity Consultant will comply with federal regulations
subconsultants to the Client and to all construction contractors and subcontractors on         pertaining to Equal Employment Opportunity. Consultant is in compliance with
the project for any and all claims, losses, costs, damages of any nature whatsoever or         applicable local, state, and federal regulations concerning minority hiring. It is
claims expenses from any cause or causes, so that the total aggregate liability of             Consultant’s policy to ensure that applicants and employees are treated equally
Consultant and its subconsultants to all those named shall not exceed $50,000 or the           without regard to race, creed, sex, color, religion, veteran status, ancestry,
amount of Consultant’s total fee paid by the Client for services under this Agreement,         citizenship status, national origin, marital status, sexual orientation, or disability.
whichever is the greater. Such claims and causes include, but are not limited to               Consultant expressly assures all employees, applicants for employment, and the
negligence, professional errors or omissions, strict liability, breach of contract or          community of its continuous commitment to equal opportunity and fair employment
warranty.                                                                                      practices.
Consequential Damages Neither the Client nor Consultant shall be liable to the other           Attorney Fees Should there be any suit or action instituted to enforce any right
for any consequential damages regardless of the nature or fault.                               granted in this contract, the substantially prevailing party shall be entitled to recover
Waiver of Subrogation Consultant shall endeavor to obtain a waiver of subrogation              its costs, disbursements, and reasonable attorney fees from the other party. The
against the Client, if requested in writing by the Client, provided that Consultant will not   party that is awarded a net recovery against the other party shall be deemed the
increase its exposure to risk and Client will pay the cost associated with any premium         substantially prevailing party unless such other party has previously made a bona
increase or special fees.                                                                      fide offer of payment in settlement and the amount of recovery is the same or less
Environmental Matters The Client warrants that they have disclosed all potential               than the amount offered in settlement. Reasonable attorney fees may be recovered
hazardous materials that may be encountered on the Project. In the event unknown               regardless of the forum in which the dispute is heard, including an appeal.
hazardous materials are encountered, Consultant shall be entitled to additional                Third Party Beneficiaries Nothing in this Agreement shall create a contractual
compensation for appropriate actions to protect the health and safety of its personnel,        relationship with or a cause of action in favor of a third party against either the Client
and for additional services required to comply with applicable laws. The Client shall          or the Consultant. The Consultant’s services under this Agreement are being
indemnify Consultant from any claim related to hazardous materials encountered on the          performed solely for the Client’s benefit, and no other entity shall have any claim
Project except for those events caused by negligent acts of Consultant.                        against the Consultant because of this Agreement or the performance or
Cost Opinions Consultant shall prepare cost opinions for the Project based on                  nonperformance of services hereunder. The Client agrees to include a provision in
historical information that represents the judgment of a qualified professional. The           all contracts with contractors and other entities involved in this project to carry out the
Client and Consultant acknowledge that actual costs may vary from the cost opinions            intent of this paragraph.
prepared and that Consultant offers no guarantee related to the Project cost.                  Captions The captions herein are for convenience only and are not to be construed
Contingency Fund The Client acknowledges the potential for changes in the work                 as part of this Agreement, nor shall the same be construed as defining or limiting in
during construction and the Client agrees to include a contingency fund in the Project         any way the scope or intent of the provisions hereof.
budget appropriate to the potential risks and uncertainties associated with the Project.
Consultant may offer advice concerning the value of the contingency fund; however,
Consultant shall not be liable for additional costs that the Client may incur beyond the
contingency fund they select unless such additional cost results from a negligent act,
error, or omission related to services performed by Consultant.

                                                                                       Page 2 of 2                   Tt Engineering Terms & Conditions, Rev 05/21/10
                             City Commission Meeting
                                Tuesday July 26, 2011



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker, Director of Public Safety

DATE:         November 30, 2010

SUBJECT:    Muskegon County Mutual Police Assistance Agreement
________________________________________________________________________

Summary of Request:

The Director of Public Safety is requesting that the commission approve the Muskegon
County Mutual Police Assistance Agreement. This agreement will provide for
supplemental police service from other law enforcement agencies in the county in the
event of an emergent need or large scale incident. This document updates the current
agreement which was approved by this body some years ago.

The agreement includes all ten (10) law enforcement agencies in the county.

Financial Impact:

None

Budget Action Required:

None

Staff Recommendation:

Approval of the agreement.
Date:      July 26, 2011
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Encroachment Ordinance Amendment


SUMMARY OF REQUEST: This request is to amend Chapter 74,
Article V of the Code of Ordinances by adding sections 74-200 through
74-214.
Under the proposed ordinance all encroachments will expire August 31,
2011, and will require renewal on or before September 1st of each year.


FINANCIAL IMPACT: New proposed fees are $25 if an annual
inspection is not required and a $50 fee if an annual inspection is
required.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the ordinance amendment.
                                 CITY OF MUSKEGON
                             MUSKEGON COUNTY, MICHIGAN
                                 ORDINANCE NO. ____



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


1. Chapter 74, Article V of the Code of Ordinances of the City of Muskegon, Michigan
is amended by adding sections 74-200 through 74-214 to read as follows:

                              ARTICLE V. ENCROACHMENTS

         Sec. 74-200. DEFINITIONS.

                          The term ENCROACHMENT as used in this subchapter shall
                  mean any of the following which is located on, over, in or under any
                  roadway, sidewalk, alley or other public right of way: architectural
                  projection including belt course, planter, mansard, cosmetic wall covering,
                  roof cornice and wall buttress; awning; canopy; cellar entrance; coal hole;
                  fence; manhole; marquee; sidewalk elevator; step or stair; fire escape;
                  standpipe or sprinkler connection; sign; subgrade spread footing;
                  underground conduit, cables and/or wires (private); wall; loading dock,
                  platform or facility; hoistway opening; sidewalk vault; street vault;
                  elevated craneway or walkway; any device or object, or anything
                  specifically permitted by the Commission and designated by it as an
                  Encroachment subject to the provisions of the subchapter. The term
                  ENCROACHMENT as used in this subchapter shall not include overhead
                  electric and telephone lines, poles and appurtenances; underground
                  electric, telephone, gas and steam lines, together with tunnels and conduits
                  owned by a public utility, a public utility permitted by the City and for
                  which the utility company has agreed to hold the City harmless, or
                  monitoring wells or testing of soils or groundwater for environmental
                  purposes which are permitted by the City Commission and/or City
                  Engineer.

         Sec. 74-201. PERMITS REQUIRED.

                          It shall be unlawful for any person to erect, build, maintain or
                  relocate any Encroachment as defined in this subchapter, without first
                  obtaining a permit from the City Clerk or by Commission approval as
                  provided under Sec. 74-205, paying the permit fee as required under Sec.
                  74-206, and furnishing the necessary insurance certificate as defined under
                  Sec. 74-208, if applicable.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       1
         Sec. 74-202. APPLICATION FOR PERMIT.

                         Applications for Encroachment Permits (either existing or
                  proposed) shall be made on a form provided by the City Clerk and shall
                  include the following information:

                           (A)      Name, address, and telephone number of applicant;

                         (B)   Location and type of the existing or proposed
                  Encroachment, building to which attached or abutting lot which
                  Encroachment serves, or if not abutting a privately owned lot, the location
                  of Encroachment in street, alley or public way;

                          (C)    Blueprints or ink drawings showing the plans and
                  specifications of the proposed or actual Encroachment, if requested by the
                  City Clerk;

                          (D)     Such other information as the City Clerk shall require in
                  order to insure compliance with this subchapter and all other ordinances of
                  the City and laws of the State of Michigan.

         Sec. 74-203. ENCROACHMENT PERMIT CLASSIFICATIONS.

                          Upon receipt of an application for an Encroachment Permit, the
                  City Clerk shall determine whether or not such Encroachment, because of
                  its nature, shall or shall not require regular inspections due to public safety
                  and/or potential liability issues the Encroachment may present. Those
                  Encroachments not requiring routine inspections shall be graded Class I
                  Encroachments and those requiring routine inspections shall be graded
                  Class II Encroachments, and fees shall be set accordingly as defined in
                  Sec. 74-206.

         Sec. 74-204. EXISTING ENCROACHMENTS.

                         All existing Encroachment permit holders shall be required to
                  complete an application for permit as defined in Sec. 74-202, including
                  those permitted by special written agreement.

      Sec. 74-205. APPROVAL OF ENCROACHMENTS BY CITY.

                          (A)    It shall be the duty of the City Clerk to review the proposed
                  or actual Encroachment to ensure it does not pose an adverse affect to
                  public safety, inconvenience the public or interfere with public usage and
                  where appropriate, shall order any necessary repairs, alterations or
                  removal.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       2
                          (B)     When the Encroachment meets all the requirements of this
                  and any other ordinance of the City and the laws of the State of Michigan,
                  the City Clerk shall then issue an Encroachment Permit, provided the
                  applicant pays the required fee as defined in Sec. 74-206 and furnishes the
                  necessary Certificate of Insurance as defined in Sec. 74-208, if applicable.
                  In the event the City Clerk does not believe granting the Encroachment
                  Permit would be in the best interest of the City, the City Clerk may deny
                  the granting of a permit.

                         (C)      If the applicant does not concur with the decision of the
                  City Clerk either to make repairs, alterations or removal, or the City
                  Clerk’s decision to deny the application, the application shall be
                  transmitted to the City Commission for approval or disapproval. The
                  decision of City Commission shall be final.

      Sec. 74-206. PERMIT FEES.

                  Each applicant shall pay an application fee as provided in the Fee
                  Structure established by the City Commission.

               A separate permit and fee will be charged for each encroachment on any
      one parcel. Application fees are not prorated and are non-refundable. All permits
      for Encroachments now existing or issued prior to the effective date of this
      ordinance shall expire on August 31, 2011. All Encroachment Permits shall require
      renewal on or before September 1st of each year.

      Sec. 74-207. LATE PAYMENT PENALTY.

                Non-compliance of this Ordinance may result in additional fees as
      established by the City Commission.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       3
         Sec. 74-208. INSURANCE REQUIREMENT.

                 (A)     Prior to the issuance of any Encroachment Permit, the Licensed
         Inspector shall determine if such Encroachment may present possible claims for
         personal injury, bodily injury or property damage due to its nature, and as a result
         may require the applicant to provide proof of liability insurance in an appropriate
         amount by a company authorized and acceptable to do insurance business in the
         State of Michigan, specifically naming the City of Muskegon, its agents,
         employees and elected officials, as additional insured and loss payee for any such
         claims.

                (B)    In the event such proof of liability insurance is required, it shall be
         updated and provided to the City annually at the time of renewal.

         Sec. 74-209. INSPECTION.

                The City Clerk shall inspect, at such time as he or she deems necessary,
         each Encroachment Permit granted to determine whether it is in need of repair or
         removal, and the permit fee shall be deemed to cover the costs of this inspection
         whether inspection be made annually or at other intervals.

         Sec. 74-210. PERMIT REVOCABLE AT ANY TIME.

                 All rights and privileges acquired under the provisions of this subchapter
         or any amendment thereto are mere licenses, revocable at any time by the City
         Clerk or City Commission under the terms and provisions of this subchapter and
         all such permits shall contain this provision.

         Sec. 74-211. REMOVAL OF ENCROACHMENT UPON FAILURE TO
         APPLY FOR PERMIT, PAY PERMIT FEE, OR MAINTAIN LIABILITY
         INSURANCE.

                 Upon failure of any person to make application for an Encroachment
         Permit where required, to pay the permit fee or maintain liability insurance, if
         applicable, the City Clerk shall have the authority to remove said Encroachment
         immediately. Any item(s) confiscated pursuant to the provisions of this section
         shall be held by the City for a period of thirty (30) days. During the thirty (30)
         day holding period, the owner of said item may request the return of the item on a
         form provided by the City Clerk. The City Clerk shall check the inventory of
         confiscated items and if the item is found to be held by the City the applicant may
         pay a $25.00 recovery fee for each item held at which time the City Clerk shall
         return the item to the owner. After thirty (30) days have passed, the City Clerk
         may dispose of said item(s) either by disposal in an appropriate landfill or by sale.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       4
         Sec. 74-212. REMOVAL OF UNSAFE ENCROACHMENTS.

                 Any Encroachment which has become unsafe or presents a hazard to the
         general public by reason of deterioration, dilapidation, lack of repair or
         maintenance, interferes with any future city pusage of the area or city project, or
         any other cause which results in a limitation by the general public in its use of the
         public right-of-way, is hereby declared to be a public nuisance and shall be abated
         in the manner provided for removal of dangerous structures.

         Sec. 74-213. TEMPORARY ENCROACHMENTS.

                 Applications and permits for temporary or intermittent Encroachments
         shall be obtained in the same manner as applications and permits are obtained for
         permanent Encroachments.

         Sec. 74-214. DELEGATION OF AUTHORITY.

                 Wherever in this subchapter an act or duty is required to be performed by
         the City Clerk, said act or duty may be delegated by the City Clerk to any
         employee of the City.


2.       This Ordinance is to become effective ten (10) days after publication.


Ayes:

Nays:

First Reading:

Second Reading:




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       5
                                             CERTIFICATE

        The undersigned, being the duly qualified Clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the ____ day of
_______________, 2011, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.

Date:_______________________, 2011


                                             ________________________________
                                                    Ann Marie Becker, MMC
                                                         City Clerk


Publish:          Notice of Adoption to be published once within ten (10) days of final
adoption.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       6
                                      CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


        Please take notice that on ___________________, 2011, the City Commission of
the City of Muskegon adopted Chapter 74, Article V of the Muskegon City Code
concerning an Encroachment Ordinance, summarized as follows:

         1.       Section 74-200 provides a definition for this Ordinance.

       2.    Section 74-201 provides the requirement for a permit if an encroachment
on City owned property is going to be permitted.

       3.    Section 74-202 provides the requirements for an application for an
encroachment permit.

       4.      Section 74-203 provides for a classification f encroachment permits and
the need for regular inspections.

       5.     Section 74-204 provides for the requirement that existing encroachments
need to complete an application.

         6.       Section 74-205 provides for the approval process of encroachments.

         7.       Section 74-206 provides for fees requirement for an encroachment permit.

         8.       Section 74-207 provides for a late payment fee.

         9.       Section 74-208 provides for insurance requirement for encroachments.

         10.      Section 74-209 provides for inspections of encroachments.

         11.      Section 74-210 provides that encroachment permits are revocable at any
time.

       12.      Section 74-211 provides for the removal of an encroachment upon failure
to apply for a permit, failure to pay the fee or failure to maintain insurance.

         13.      Section 74-212 provides for the removal of unsafe encroachments.

         14.      Section 74-213 provides for temporary encroachments.

      15.     Section 74-214 provides for delegation of authority from the City Clerk to
any employee in the City.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                       7
       Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.

       This ordinance amendment is effective ten (10) days from the date of this
publication.

Published: _________________, 2011                              CITY OF MUSKEGON

                                                                By________________________
                                                                  Ann Marie Becker, MMC
                                                                  City Clerk

------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
Ordinance.DOC                                                                                             8
           Commission Meeting Date:            July 26, 2011

Date:      July 18, 2011
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Approval of Sale of City owned home at 468 W. Forest


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Ms. Julia A. Johnson for the totally rehabilitated home at
468 W. Forest Avenue, which is part of the City’s Neighborhood Stabilization
Program (NSP) through the Michigan State Housing Development Authority
Office of Community Development. Ms. Johnson’s purchase price is $52,000.
The beautiful three-bedroom, two and a half-bath home was previously
vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments
to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                    MUSKEGON CITY COMMISSION



        RESOLUTION TO APPROVE THE PURCHASE OF
 CURRENTLY CITY OWNED PROPERTY AT 468 W. FOREST AVENUE


WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 468 W. Forest Avenue to Julia A. Johnson, 2421
Peck Street, Apt. 1, Muskegon Heights. Ms. Johnson will purchase the
house as an owner-occupied structure.

Adopted this 26th day of July, 2011.

Ayes:

Nays:


                           By ______________________________
                              Stephen J. Warmington, Mayor


                           By ______________________________
                              Ann Marie Becker, MMC City Clerk
AM_Resolution
           Commission Meeting Date:            July 26, 2011

Date:      July 18, 2011
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Approval of Sale of City-owned home at 1080 E.
           Laketon


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Thomas Grosswiler for the totally rehabilitated home
at 1080 E. Laketon Avenue, which is part of the City’s Neighborhood
Stabilization Program (NSP) through the Michigan State Housing
Development Authority Office of Community Development. Mr. Grosswiler’s
purchase price is $39,900.
The beautiful two-bedroom, one-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments
to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                    MUSKEGON CITY COMMISSION



         RESOLUTION TO APPROVE THE PURCHASE OF
     CURRENTLY CITY-OWNED PROPERTY AT 1080 E. LAKETON
                         AVENUE


WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 1080 E. Laketon Avenue to Thomas Grosswiler, 450
Glen Oaks, Apt 2C, Muskegon. Mr. Grosswiler will purchase the house as
an owner-occupied structure.

Adopted this 26th day of July, 2011.

Ayes:

Nays:

                           By ______________________________
                              Stephen J. Warmington, Mayor


                           By ______________________________
                              Ann Marie Becker, MMC City Clerk
AM_Resolution
            Commission Meeting Date:            July 26, 2011

Date:       July 8, 2011
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services Department
RE:         Approval of Sale of City owned home at 1644 Division


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Allen Serio for the totally rehabilitated home at 1644
Division Street, which is part of the City’s Neighborhood Stabilization Program
(NSP) through the Michigan State Housing Development Authority Office of
Community Development. Mr. Serio’s purchase price is $50,000.
The beautiful three-bedroom, one and a half-bath home was previously
vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments
to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                    MUSKEGON CITY COMMISSION



        RESOLUTION TO APPROVE THE PURCHASE OF
  CURRENTLY CITY OWNED PROPERTY AT 1644 DIVISION STREET


WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated                to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 1644 Division Street to Allen Serio of 1638 Division
Street, Muskegon. Mr. Serio will purchase the house as an owner-
occupied structure.

Adopted this 26th day of July, 2011.

Ayes:

Nays:


                           By ______________________________
                              Stephen J. Warmington, Mayor


                           By ______________________________
                              Ann Marie Becker, MMC City Clerk
AM_Resolution
DATE:         07/18/2011

TO:           Honorable Mayor and Commissioners

FROM:         Anthony Kleibecker, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order
              to Demolish. Dangerous Building Case #: EN100009


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
407 MARQUETTE AVE (Commercial) 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: # EN100009 - 407 MARQUETTE AVE

Location and ownership: This structure is located on Marquette between Wood
and Charles Streets and is owned by DENNIE PERRY.

Staff Correspondence: A dangerous building inspection was conducted on
01/23/10. The Notice and Order to Repair was issued on 01/26/10. On 03/03/10
the HBA tabled case with owner to provide plan and timeline for repairs as owner
stated he was looking to obtain funds thru grants. A partial interior inspection was
conducted 03/19/10. On May 7, 2010 the HBA declared the structure
substandard and dangerous.

Owner Contact: Owner was present for both HBA meetings but no timeline was
provided and no permits have been issued.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:      $19,100 (Entire property)

Estimated cost to repair: $50,000(Exterior Only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 407 MARQUETTE AVE

407 Marquette is a single store concrete block building that was formally
The Marquette Street Market, the building is currently vacant and boarded up.
An interior inspection of the west section of the building on March 19, 2010 was
conducted however the east end of the building could not be performed. As of this
date there has not been any attempt to secure any permits and it does not appear
that any repairs have been made to the building. The structure continues to
deteriorate and is a blight on the Jackson Hill neighborhood.
                                   CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                     Tuesday, January 26, 2010

Enforcement # EN100009         Property Address 407 MARQUETTE AVE
Parcel #24-205-012-0004-00     Owner DENNIE PERRY

Inspector: Don LaBrenz II

Date completed: 01/22/2010

DEFICENCIES:

 Uncorrected
1. Broken windows on rear of building.
2. Brick facade on rear of building failing.
3. Rear wall bowing out.
4. Broken windows front
5. Front siding rotted.
6. Ceiling outside front door rotted and falling down.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Don LaBrenz II, Building Inspector                        Date
                                  CITY OF MUSKEGON
        933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
          DANGEROUS BUILDING INTERIOR INSPECTION REPORT


                                  407 MARQUETTE AVE
                                       03/19/2010

Inspection noted:


 Uncorrected
1. Repair roof damage leaking into stone area.
2. Replace ceiling damage due to leaking roof.
3. Repair front soffit by front entry door.
4. Repair all broken glass in windows.
Interior DB (Electrical)
5. All interior wiring in west end of building to be evaluated for damage due to the
elements.
6. Interior wiring in east end of building inaccessible, but believed to not be salvageable.

NOTE: Wire probably will need to be reconfigured depending on proposed use of
building.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.



HENRY FALTINOWSKI, BUILDING INSPECTOR                                     DATE

Top of Page