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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 27, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
A. 2005 3rd Quarter, 2005 4'h Quarter. and 2006 1'' Quarter Suggestion
Award Winners. CIVIL SERVICE
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License. CITY CLERK
C. Liquor License Request - Brewer Enterprises II, Inc .. 817 Forest. CITY
CLERK
D. Liquor License Request - Clay Avenue Cellars, Inc .. 611 Clay. CITY
CLERK
E. Request for Final Planned Unit Development Approval for Phase V of the
Park Terrace Development. PLANNING & ECONOMIC DEVELOPMENT
F. Vacation of the East/West Alley Between Fifth and Sixth Streets, Running
Parallel to Washington and W. Grand Avenues. PLANNING &
ECONOMIC DEVELOPMENT
G. Vacation of a Portion of "Old" Ottawa Street. PLANNING & ECONOMIC
DEVELOPMENT
H. Budgeted Vehicle Replacement - Two F2880E Mowers. PUBLIC WORKS
I. Budgeted Vehicle Replacement - Two F-450 Cab and Chassis. PUBLIC
WORKS
J. Budgeted Vehicle Replacement - One F-250 4x4 Pickup Truck. PUBLIC
WORKS
K. Budgeted Vehicle Replacement - Two F-350 Cab and Chassis. PUBLIC
WORKS
L. Consideration of Bids - Lakeshore Drive. McCracken to Laketon (H-
1609). ENGINEERING
M. Construction Engineering Agreement with Fleis & Vandenbrink:
Decorative Concrete - Street Lights - Roundabout on Western Avenue.
Third to Terrace. ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Construction of Clubroom Facility at LC Walker Arena. FINANCE
DIRECTOR
B. Request for Final Planned Unit Development Approval for Phase I at 444
Irwin Avenue. PLANNING & ECONOMIC DEVELOPMENT
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1986 Continental. PUBLIC SAFETY
D. Multiple Alcohol License within the City of Muskegon Over the Period
June 29 to July 7. 2006. Request Received from Tipsy Toad. ASSISTANT
CITY MANAGER
ANY OTHER BUSINESS:
o 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.
J> Submit the to[m to the City Clerk.
J> Be recognized by the Chair.
> Step forward to the microphone.
> State nome and address .
.> limit of 3 minutes to address the Commission.
J> (Speaker representing a group may be allowed I 0 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO AlTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724·6705 OR TDD: (231)
724-4172.
Date: June 27,2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the June 1ih
Commission Worksession, and the June 131h Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 27, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 27,
2006.
Mayor Wormington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Wormington, Vice Mayor Stephen Gawron,
Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Chris Corter, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter.
2006-54 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 12th Commission
Worksession, and the June 13th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: United Way of the Lakeshore is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a gaming license. They have been recognized as a
501 (c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
H. Budgeted Vehicle Replacement - Two F2880E Mowers. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two F2880E mowers from Grant-
Rent-All.
FINANCIAL IMPACT: Cost $25,200.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
I. Budgeted Vehicle Replacement -Two F-450 Cab and Chassis. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two F-450 cab and chassis using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $43,972.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
J. Budgeted Vehicle Replacement - One F-250 4x4 Pickup Truck. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase one F-250 4x4 pickup truck using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $19,466.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
K. Budgeted Vehicle Replacement - Two F-350 Cab and Chassis. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two F-350 cab and chassis using
the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $35,080.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase.
L. Consideration of Bids - Lakeshore Drive, McCracken to Laketon (H-
1609). ENGINEERING
SUMMARY OF REQUEST: Award the referenced paving project (H-1609), using
hot mix asphalt, to Woodland Paving out of Comstock Park. Woodland
submitted the lowest bid of $419,535.35, and they are a responsible and
responsive contractor. The award, if approved, must be contingent upon
approval by the State.
FINANCIAL IMPACT: The construction cost $419,535.35 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None, this project is partially funded by a state
grant.
STAFF RECOMMENDATION: Award the contract to Woodland Paving.
M. Construction Engineering Agreement with Fleis & Vandenbrink:
Decorative Concrete - Street Lights - Roundabout on Western Avenue,
Third to Terrace. ENGINEERING
SUMMARY OF REQUEST: Enter into an engineering service agreement with Fleis &
Vandenbrink to perform construction engineering and design modification to
meet the State's guidelines and standards to complete the construction of
Western Avenue between Third and Terrace by constructing street lights,
decorative concrete and sidewalks as well as the roundabout at the
intersection of Third and Western. This request is necessary since the City was
able to secure funding through available federal funds. The fee for the
aforementioned services is a not to exceed $32,500 for the design phase and
$83,000 for the construction engineering phase. Fleis & Vandenbrink was
selected since this project is very much an extension of what has been done.
FINANCIAL IMPACT: 81% of the construction engineering phase ($83,000) is
grant eligible. The design phase and the local share of the construction
engineering ( 19%) will be funded from the available Mall project funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an Engineering Services Agreement with
Fleis & Vandenbrink.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read with the exception of item C, D, E, F, and G.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2006-55 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Request for Final Planned Unit Development Approval for Phase V of the
Park Terrace Development. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase V of the Planned
Unit Development and associated site. and landscape plans for the Park
Terrace Development. for 46 condominium units. The request is from Ruddiman
Associates.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final Planned Unit Development
approval for Phase V and approval of the associated plans provided that the
conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final
approval of Phase V of the Planned Unit Development and associated plans,
with the conditions listed on the resolution, at their regular meeting on June 15.
The vote was unanimous, with T. Harryman and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final Planned Unit Development for Phase V of the Park Terrace
Development.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
F. Vacation of the East/West Alley Between Fifth and Sixth Streets, Running
Parallel to Washington and W. Grand Avenues. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the East/West alley between
Fifth and Sixth Streets, running parallel to Washington and W. Grand Avenues,
located in Muskegon Revised Plat of 1903, Block 405.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the East/West alley
between Fifth and Sixth Streets, running parallel to Washington and W. Grand
Avenues, with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their June 15th meeting, with the condition that all utility
easement rights be retained. The vote was unanimous with T. Harryman and B.
Smith absent.
Motion by Commissioner Davis, second by Commissioner Spataro to approve
the vacation of the east/west alley between Fifth and Sixth Streets running
parallel to Washington and W. Grand.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
G. Vacation of a Portion of "Old" Ottawa Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of a portion of "old" Ottawa
Street located southwest of the "realigned" Ottawa Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the vacation of a portion of "old"
Ottawa Street as per the legal description in the resolution, with the condition
that all utility easement rights be retained.
COMMITIEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the vacation at their June 15th meeting, with the
condition that all utility easements rights be retained, with T. Harryman and B.
Smith absent.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the vacation of a portion of "old" Ottawa Street.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. liquor License Request - Brewer Enterprises II. Inc., 817 Forest.
CITYCLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request to transfer all stock in the 2006 Class C-SDM
licensed business with Dance Permit from Timothy Brewer to new stockholder
Terri L. Garza.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
D. Liquor License Request - Clay Avenue Cellars, Inc., 611 Clay. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Clay Avenue Cellars, Inc., for a New Small
Wine Maker License to be located at 611 Clay A venue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the liquor license requests for Brewer Enterprises II, Inc., 817 Forest and
Clay Avenue Cellars, Inc., 611 Clay.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-56 HONORS AND AWARDS:
A. 2005 3rd Quarter, 2005 4th Quarter. and 2006 1'' Quarter Suggestion
Award Winners. CIVIL SERVICE
SUMMARY OF REQUEST: The Employee Suggestion Award Committee requests
that the 2005 3rd quarter award go to Firefighter Brian Davis for his proposal to
store the Fire Department's boat on City property rather than pay a fee for off-
site storage. The 2005 4th quarter award go to Cemetery Customer Service
Representative Teresa Moore for her proposal to discontinue the City's practice
of buying back sold but now unwanted cemetery plots and implement a fee-
for-service when assisting with the resale of grave sites. The 2006 1st quarter
, ""'"r! no to Buildinp Maintenance Supervisor J, R. Gann for his proposal to
install a forced a1r neating system 11, ::-,c E' ·-.:green Cemetery mausoleum.
Mayor Warmington presented Brian Davis' award to Peter Hughes, and he
presented Teresa Moore and J. R. Gann their awards.
2006-57 NEW BUSINESS:
A. Construction of Clubroom Facility at LC Walker Arena. FINANCE
DIRECTOR
SUMMARY OF REQUEST: Bids for construction of the LC Walker Arena clubroom
were opened on Friday, June 23rd, Although interest in the project was high and
bidding was strong, results were disappointing, with the low bid coming in higher
than the $300,000 project estimate. The low bid of $431,723 was received from
Muskegon Quality Builders.
FINANCIAL IMPACT: If the Commission decides to proceed with the Clubroom,
the following financial impacts are anticipated:
1. annual management fee paid by the City to AMG under the new
operations contract decreases from $235,000 to $21 0,000;
2. a 15-year $300,000 (3% interest) interfund loan would be made from
the Equipment Fund to the LC Walker Arena fund to finance
construction costs; and,
3. monthly debt service payments in the amount of $2,071.74 ($24,861 /yr.)
would be made to repay the interfund loan.
Additionally, of course, it is anticipated the project will financially strengthen the
Walker Arena and complement and enhance redevelopment of the
downtown.
BUDGET ACTION REQUIRED: The budget will be adjusted as described above
depending on the Commission's decision.
STAFF RECOMMENDATION: Reject all bids and shelve the project for
reconsideration next year.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
item back to staff for further study and have staff bring their recommendation
back to the Commission.
ROLL VOTE: Ayes: Gawron, Spataro, and Warmington
Nays: Carter, Davis, Shepherd, and Wierenga
MOTION FAILS
Motion by Commissioner Davis, second by Commissioner Carter to reject all bids
and shelve the project for reconsideration next year.
ROLL VOTE: Ayes: Davis, Shepherd, Spataro, Warmington, Wierenga, and Carter
Nays: Gawron
MOTION PASSES
B. Request for Final Planned Unit Development Approval for Phase I at 444
Irwin Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval at 444 Irwin Avenue is for a mixed use, commercial, office, and
religious development. The request is by Douglas Malear, Hope Lighthouse
Church.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the Preliminary PUD and Phase I of the final PUD, with the conditions
listed on the resolution, at their June 15, 2006, meeting. The vote was
unanimous, with T. Harryman and B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final approval of the Planned Unit Development for phase I at 444
Irwin Avenue.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1986 Continental. PUBLIC SAFETY
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 1986
Continental is unsafe, substandard, a public nuisance and that it be demolished
within thirty 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.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals. notice and order to demolish 1986 Continental.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
D. Multiple Alcohol License within the City of Muskegon over the Period
June 29 to July 7. 2006. Request Received from Tipsy Toad. ASSISTANT
CITY MANAGER
SUMMARY OF REQUEST: We received a Special Event request from Tipsy Toad
through the Non Profit Fruitport Lions Club for a liquor license to serve alcohol
outside of their venue over the period June 29 to July 7, 2006. The Commission
has already approved two liquor licenses (Summer Celebration and The Eagles)
during that same period.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: No recommendation. Commission action required.
Motion by Commissioner Carter, second by Commissioner Davis to deny the
request for multiple alcohol license for June 29 to July 7, 2006.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, and Shepherd
Nays: Spataro and Wierengo
MOTION PASSES
ANY OTHER BUSINESS: Commission d iscussed various item s.
PUBLIC PARTICIPATION: Various comments were heard from the public.
2006-58 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Davis, second by Commissioner Spataro to go into
Closed Session at 7:18p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to come out
of Closed Session at 7:33 p.m.
ROLL VOTE: Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The C ity Commission Meeting adjourned a t 7:34p.m.
Respectfully submitted,
Linda Po tter, CMC
Deputy City Clerk
Date: June 27,2006
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: United Way of the Lakeshore is requesting
a resolution recognizing them as a non-profit organization operating in
the City for the purpose of obtaining a gaming license. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
FROM :UNITED WRY FAX NO. :2317223137 Jun. 20 2006 05:13PM P2
Mailing Address: United Way of the Lakeshore
POBox207 serving Muskegon and Oceana Counties
Muskegon, MJ 49443-0207
Ph.: 231.722.3134 Fax: 231.722.3137
www. unitedwaylakeshore.org
MEMO
TO: City of Muskegon Leaders
FROM: Christine J. Robere, President
United Way of the Lakeshore
DATE: June 20, 2006
RE: Charitable Gaming Raffle License
United Way of the Lakeshore (formerly United Way of Muskegon County) will be the
beneficiary of a raffle to be held by our members, the employees of the Alcoa Howmet
Castings Corporation, between July 1 and September 16,2006. The employees are
soliciting donations in the community to be raffled at a planned company family picnic.
Proceeds from the raffle will support our programs and services in Muskegon County
that help kids succeed, strengthen families, meet basic needs, and promote health and
independence.
The State of Michigan requires your confirmation that we are a recognized non-profit in
the community.
Thank you for your assistance with this matter.
FROM : UNITED WAY FAX NO. :2317223137 Jun. 20 2006 01:52PM P2
Char~ Gaming Dilli~IOil
I
Sox 301123, l.oMing. Ml AI\UUO
0'1/r. "toiiGHT DE\.IVI:!ftY;
101 e. Hl~lle, Lanlling Ml ot8933
(S17) 3JS.&7ij0
-.rniCNgM.ooY(cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Reqtared by MCL.432.103(9))
2006-54(b)
Ata Regular meetingofthe City Commission
RCGU..M~.~PiiCII\I. roWt&~~P. em; onVllLAOa: COUNCl$CW!D
calledtoorderby Mayor Warmington_ _ _ _ _ _ on J une 27, 2006
I)OQ~
at 5: 30 J.m./p.m. the following resolution was offered:
T~
Moved by Commissioner Carter andsupportedby Comm~ssioner Shepherd
that the request from United Way of the Lakeshore of Muskegon
CITY -·
county of Muskegon , asking that they be recognized as a
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for Approval
~ ·-·
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City of Muskegon ata __R_e..:::g~u-::l:::::a~r~==~---
~ CITY. OA~~COUifC:&AI()AAO ~ORGPGCW.
meeUnghe~on__J_u_n_e
___2_7_,__2~0=0_6________
DI'TE
SIGNED: _ _ _ c;ii
~""'f/n'"""~
""""""'~'----:!:rOWIri!QU. to co:nt·ac:t~
DeA nnna .!al:mDfl
t1ni.ted way of Muek~gon Caunty ~ale~Pone N~e~:
~13 w~ Webetsr A~Enu~ 513-684-3~57
Muskegon, Ml 49440-123~ l\ofer )lcply tQI
E!>/EO
~~1 Id6~~ification Number:
~~ . . .
De~r Sir or Madam:
~his l.e.tter ia in re~ponoa f!o your re<).\test for. a oopy of your ox:-g~~.niution' ~
determin~tlon •sttor. Thio letter will take the placm of the ~opy you
;rwg:uest.sd.
Our reeor~a indic~te that you~ or9ani~ation io exempt froro federal 1noome tax .
under mection 50~(o) (3) of tUe lnternal Revenue Code.
Ba~ed on inforl!lation subsequently •ubrnittad, we ol.aesified your or~aniutl.on
. a• one that i~ not a pl:"ivati'J. foumli\Hon within the meanincr of e0otion 509(1'1)
of the Cod~ beoau•• it is an cr~aoi"ation de,crib~d in seotiona 609(a) (1) and
l70(b}(J,) (l\.) (vi). ·
~his eb.caitication wu based on tha aaoumption that your organization'~
o~eratioM would ~;ontinue as st11ted in the apf?Hoation. If your
orga.ni.zati.cn' s .soure~s of 9-~l?PCJ.et, or ·its chat'l!Lctar,. method cf op~rat;Lt~ms r or ·
purpoeea havl> chan9ed 1 pleaae let ~~ know eo we ..;at;on•s annual nooounting period. ~h~
'law impoa<>o a penauy of $l0 a. ~~~y. up to a m~Jtimum o£ $5,000, When a return
is filed. latQ,. unless thAr:-~ is reasOnable ca.t~l'l~ for the de:Lay.
hll ax~mpt organi~•tions (unlwa• epeoifically excluded) ar~ ~iable for t~xas
undar the Fedar~l "rteuranog contribution• Act (social smcurity taxes) on
re!IIuneration of SlOO "" more paid to eaoh ~mployee during a calsndar year.
rour organi,.,.tion ~a not liable for ttie tal< ~mJ?o•ed upri~r tb• 1'5!der.o.l
t.!n.,mployment To,x hct (run) .
o=gani~ationo that are not privat~
foundations 1u:a not eul;>ject ~o the exci~e
taxa~· under Chapte' 42 of tha Co(la. lloweve<, these organizat i•ni" ar:e not
&utomatl.cally exempt. from other federal exoi~e hxeo.
FROM :UNITED WAY
. JUL-30-98 THU 10:~1 AM FAX NO. :2317223137
WAK~~K liVK\-KUbo Mw ,IUVl' r!IA 11v. \!) u II.. I
Jun.
l..V•'"
20 2006 05:14PM P5
-2-
Unite~ Way of MusKegon County
JU-l42oB95
ppnt~ra m9-y Qmtlttct contributions to y~ur OJ:gani:r.::ttion as pzoovided in aect.ton
1i0 of tne Coda. Bequests, leq•~l~s, dovlaas, tranafeta, or gifts to your
·tJrgel.rt.izatJ.on or: for it.e u..!Hl aJ."I!l. deductible :F.or:: ;f;ed.e"t"al e!!:rtate anri gif.t· tax
pu,pcrses H they mQot the opplio~ble prOm 990-T, Ex~mpt o•ganizotion a~oin~a~ Income Tax Return. In
thL• letter, ws are ~ot detQ~roining whether any of you~ organization'• p~~eent
o~ propo~ad nctivi~i~B are unrelated trade nr. tu~iness an defined in s~ctJ.Qn
513 cf t~e Coda.
aeoouoa tld.a latter could help ruolve A~y quQ•tiom< aboti~ your m::ganb:ation' s
exQ~pt statu~ ~nd founaation ~tatua, ycu should ke~p it wi~h the
organiz~tion'& permanent ~eootds.
Pleaga direct any qu••t~one to tho ~erson identified in the letterhead above.
Thi.• letter affJ.rm• l'our organl.oation' s exempt statu~.
Sineerely,
t(~~~ nietriot Director
Date: 06/27/06
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase two F2880E mowers from
Grant-Rent-All.
FINANCIAL IMPACT: Cost $25,200.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandrun
To: Honorable Mayor and City Commissioners
From: DPW
Date: 06/27/06
Re: Budgeted Vehicle Replacement
The Equipment Division had scheduled the replacement of five 72"commercial
riding lawn mowers for 2006. Due to centralization of the Parks, Cemetery and
Marina equipment, we have reduced the number of mowers required by operating
more efficiently.
The statewide purchasing contract is administrated through local dealers.
Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting permission to
purchase two F2880E commercial mowers from Grant-Rent-All.
1
Equipment Purchase - 2006
Grant Rent All The Power Sho~ Kubota Of West Michigan
3942 W. Lansing 7441 W. 48th St 430 100th St
Ty~e of Vehicle Grant Mmi Fremont Mi 49412 Byron Center Mi 49315
2 F2880E Mowers $25,200.00 $25,400.00 $27,964.00
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Date: 06/27/06
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase two F-450 cab and chassis
using the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $43,972.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 6/20/2006
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of two of our
small dump trucks for this year. These vehicles are used for a variety of
activities including plowing alleys, many construction projects, and leaf
pick up. These trucks will be replacing 1995 model year trucks.
We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting
permission to purchase two 2007 Ford F-450 trucks using the statewide
purchasing contract.
1
Equipment Purchase- 2006
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Macomb Count)l Great Lakes Ford Fremont Ford Tonll Betten
3942 W. Lansing 2469 E. AJ:!J:!Ie Ave 7148 w 48th 3839 Plainfield NE
T)lJ:!e of Vehicle Per!)l Mi 48872 Muskegon Mi 49442 Fremont ,Michigan rand Rapids Mi 4952~
2 2007 Ford F-450 $43,972.00 $46,828.00 $46,888.54 $48,341.00
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Date: 06/27/06
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase one F-250 4X4 pickup truck
using the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $19,466.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 6/20/2006
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of the fire
response vehicle. This vehicle is used to tow the fireboat and the
hovercraft as well as the confined space rescue trailer and the smoke
trailer. It is also used as a backup for the fire command vehicles.
We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting
permission to purchase one 2007 Ford F-250 4X4 truck using the
statewide purchasing contract.
1
Equipment Purchase - 2006
I
Macomb Countv_] Great Lakes Ford Fremont Ford TonJI Betten
3942 W. Lansing i 2469 E. A[![!le Ave. I 7148 w 48th 3839 Plainfield NE
TJI[!e of Vehicle Per!}' Mi 48872 'Muskegon Mi 49442! Fremont ,Michigan rand Raoids Mi 4952
1 2007 Ford F-250 4X4 $19,466.00 $20,570.00 $20,750.27 $21,917.00
Date: 06/27/06
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase two F-350 cab and chassis
using the Statewide Purchasing Contract.
FINANCIAL IMPACT: Cost $35,080.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 6/20/2006
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of two of our
construction trucks for this year. These vehicles are used for concrete
and catch basin repairs that require specialized tools and equipment. The
vehicles that we are replacing are ten and sixteen year old.
We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting
permission to purchase two 2007 Ford F-350 trucks using the statewide
purchasing contract.
1
Equipment Purchase - 2006
I
Macomb Countll Great Lakes Ford Fremont Ford Tonll Betten
3942 W. Lansing 2469 E. AI![!Ie Ave 7148 W48th 3839 Plainfield NE
Tll[!e of Vehicle Per!Y Mi 48872 Muskegon Mi 49442 Fremont ,Michigan rand Ra[!ids Mi 4952S
2 2007 Ford F-350 $35,080.00 $38,272.00 $38,232.54 $41,774.00
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Date: June 27, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Lakeshore Dr. McCracken to Laketon Ave. (H-1609)
SUMMARY OF REQUEST:
Award the referenced paving project (H-1609), using hot mix asphalt, to Woodland Paving
out of Comstock Park. Woodland submitted the lowest bid of $419,535.35 (see attached
bid tabulation) and they are a responsible and responsive contractor.
The award, if approved, must be contingent upon approval by the state.
FINANCIAL IMPACT:
The construction cost $419,535.35 plus engineering cost which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None. This project is partially funded by a state grant.
STAFF RECOMMENDATION:
Award the contract to Woodland Paving.
COMMITTEE RECOMMENDATION:
;"._"(.,..-'"-_-,"· g·· "•'· ;·..: ''";r.:--.:.-;
H-1609, W-686, LAKESHORE DRIVE McCRACKEN ST. to LAKETON AVE.
BID TABULATION 03/07/06
CONTRACTOR IETH·RILEY CONSTRUCTION C ASPHALT PAVING WOODLAND PAVING, INC KAMMINGA& ROODVOETS !
ADDRESS ENGINEER'S PO BOX278 1GOO E SHERMAN BLVD PO BOX309 3435 BROAD MOOR SE I
CITY/ST/ZIP ESTIMATE AD Ml 49301 MUSKEGON, Ml 49444 COMSTOCK PARK Ml 49321 GRAND RAPIDS Ml 49512
ITEM OF WORK UNIT QTY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
LFT 2.0(1 3 840.00 $
' ACCESS MAINTENANCE 1920 $ 2.00 $ 3 840.00 $ 7.81
' 14,995.20
' 3.70
's 7,104.00
' 's 7.82 $ 15,014.40
EACH 16,800.00
'3 ADJUST MANHOLE CASTING 30 $ 475.00 $ 14.250.00 $ 700.33
' 21 009.90 $ 485.00 14,550.00 $ 560.00 $ 450.00
' 13,500.00
4
ADJUST WATER VALVE CASTING EACH 32 $ 300.00 $ 9,600.00 $
s
646.46 $ 20,686.72 $ 415.00 $ 13.280.00 $ 560.00
's 17 920.00
125,904.15
's 180.00 $ 5,760.00
5
BITUMINOUS LEVELING MIX4C@ 220#/S.Y. TON 2385 $ 50.00 $ 119.250.00 49.58 $ 118,248.30
's 57.13 $ 136,255.05 $
s·~
52.79
s 128,790.()() $
49.60 $ 118,296.00
BITUMINOUS TOP MIX 4C POLYMER @1220#/S.Y. TON
EACH
2385 .
' 60.00 $ 143,100.00
' 51.82 $ 123,590.70. 67.47 $ 160,915.95 54.00 51.84 $ 123,638.40
6 CORP. STOP 1 n MUELLER #150()0 OR EQUAL
' $ 3()().0() $ 30().0() $ 754.20 $ 754.2() $
s
50().00 $ 5()().00
' 7()0.00
' 700.00
' 250.00 $ 250.00
'8 CONC. CURB 6''X 14" LFT.
' $ 15.00
' 105.00 $ 48.48 $ 339.36 31.00
' 217.00 $ 45.00
' 315.00
4,032.00
'$ 45.00 $ 315.00
CONC. SIDEWALK 4" S.FT.
EACH
640
'$ 3.00 $ 1,920.00
' 6." $ 4,345.60
' 6.40
' 4,096.00 $ 6.30
' 3.()0 $ 1.920.00
9 CURB STOP 1" MUELLER#1515() W/BOX OR EQUAL
EACH
1 350.00
' 350.00
' 754.20 $ 754.20 $ 500.00
' 500.00
' 700.00
's 7()0.00 $ 320.00 $ 320.00
" CURB STOP 2n W/BOX PER DETAIL 5 $ 500.00 $ 2,500.00 $ 1,670.01 $ 8,350.05 $
s
1,000.00 $ 5,000.00 $ 1,550.00 7,750.00
' 525.00 $ 2 625.00
" DECORATIVE CROSSWALK PER DETAIL S.FT.
EACH
2650
' 12.00 $ 31800.00
' 8.13
' 21.544.50 8.50 $ 22,525.00
' 7.65
' 20 272.50
' 15.00
' 39 750.00
"13 MAN HOLE CASTING, E.J. #1045 OR EQUAL 6 $ 600.00
' 3 600.00 $
s
700.33 $ 4.201.98 $ 425.00
' 2,550.00 $ 650.00
' 3,900.00 $ 670.00 $ 4,020.00
MEMBRANE REINFORCEMENT S.YD. 147
' 6.00
's 882,00 11.36 $ 1,669.92
' 15.00 $ 2.205.00 $ 10.00
' 1.470.00
' 11.36 $ 1,669.92
"15 PAVTMRKG, TYPER, TAPE 4"YELLOW, TEMP L.FT. 300. $
s
1.00 300.0()
' 0.81 $ 243.00 $ 1.15 $ 345.00 $ 1.00
' 300.00 $ 1.15 $ 345.00
PAVT MRKG, TYPE NR, PA1NT,4" YELLOW, TEMP LFT.
EACH
16000
s
0.20
' 3,200.00
' 0.27 $ 4,320.00
' 0.29 $ 4,640.00 $ 0,$
' 4,000.00
's 0.29 $ 4,640.00
" PAVT MRKG, OVERLAY COLD PLASTIC, LTTURN ONLY
' 100.()0
' 100.00 $ 161.61 $ 101.61 $
s
75.0() $ 75.0() $ 15().00
' 150.00 75.00 $ 75.00
" PAVT MRKG OVERLAY COLO PLASTIC LTTURN ARROW EACH
~FT.
" ' 30.00
' 1,110.()0 $ 86.19 $ 3,189.03 70.00
' 2,590.00
' 80.00
' 2 960.00 $ 70.0()
' 2 590.00
" PAVT MRKG, WATERBORN, 6" CROSSWALK 1860 $ 020 $ 372.00 $
s
0.54 $ 1,004.40
' 0.75 $ 1,395.00 $ 0.50 $ 930.00 $ 0.75 $ 1,395.00
" PAVT MRKG, WATERBORN,18" STOP BAR LFT. 21$ $ 1.00 $ 215.00 1.08 $ 232.20
's 2.25
' 483.75 $ 1.00 $ 215.00
' 2.25 $ 483.75
20
21
PAVTMRKG WATERBORN,4"WH1TE ~FT.
'" $ 0.50
0,5 $
' 212.50 $ 0.27
' 114.75 0.29 $ 123.25 $ 025
0,5
' 106.25
's 0.29 $ 123.25
PAVT MRKG, WATERBORN, 4" YELLOW LFT. 8100 $ 2,025.00 $
s
0.27 $ 2187.00
' 0.29 $ 2,349.00 $
s ' 2,025.00 0.29 $ 2,349.()0
"23 PAVEMENT PREPARATORY WORK STA. 38.73
' 300.00 $ 11 619.00 139.09
' 5 386.96 $ 225.00 $ 8,714.25 115.00
' 4,453.95 $ 100.00 $ 3,873.00
REMOVING BITUMINOUS SURFACE BY COLD MILLING @14" S.YD. 19530 $ 2.00 $ 39,060.00 $ 2.06
' 40 231.80
' 0.80 $ 15,624.00 $ 0.90 $ 17 577.00 $ 2.20 $ 42,966.00
24 REMOVING CONCRETE CURB LFT 128 $ 10.00 $ 1,280.00
' 28.55
' 3,654.40 $ 24.50
' 3,136.00 $
s
26.50 $ 3,392.00 $ 6.00
s'
768.00
25 REMOVING CONCRETE DRIVE APP. S.YD.
' ' 10.00 $ 10.00
' 215.49
' 215.49 $ 100.00
' 100.00 200.00 $ 200.00 $ 27.00
s
27.00
" REMOVING CONCRETE SIDEWALK SFT
EACH
490 $
s
5.00 $ 2,.450.00 $ 8.62
' 4,223.80 $
s
5.00 $ 2,450.00 $ 8.00 $ 3,920.00 $ 1.00
s
490.00
" REMOVING WATER VALVE BOX 11
s
300.00 $ 3 300.00
' 263.97
' 2,903.67 175.00 $
s
1 925.00 $ 245.00 $ 2,695.00 $
s
75.00 825.00
" SIDEWALK RAMP DETECTABLE WARNING, RETROFIT S.FT. 495 5.00 $
s
2,475.00 $ 14.55 $ 7,2:12.25 $ 7.00
s
3,465.00 $ 13.50 $ 6,682.50 15.00
' 7,425.00
"30 TRAFFIC CONTROL LUMP
EACH
1 $ 40,000.00 40,000.00 $ 18.962.71 $ 18,962.71 $23,000.00 23,000.00
' 24,390.00 $ 24,390.00
1,485.(1(1
' 82,000.00
1,4()(1,(10
$ 82,000.00
TRENCH REPAIR MAJOR STREET TYPE IV 11 $ 450.00
' 4,95Cl.OO $ 145.45 $ 1 599.95
' 73.(10
' 803.(1(1 $ 135.(1(1 $ $ $ 15,40Cl.(l(l
"
32
TRENCH REPAIR MAJOR STREET TYPE IV
TRENCH REPAIR SPECIAL
L.FT.
LFT.
"64 $ 65.()0 $ 1,Cl45.Cl(l
224(1.(1(1
$ 123.90 $ 2,354.10 $
$
73.(10
' 1.387.(10 $ 115.0(1 $ 2,185.00
4,80(1.(}(1
' 7(1.00 $ 1,33(1,(10
33 WATER SERVICE 1~ TYPE nK" COPPER
$ 35.00
3(1.0(1
$ $ 80.81 $ 5171.84
s
62.(10
' 3,968.00 $ 75.0(1 $
1,2(1(1.0(1
' 40.00 $ 2,56(1,(1(1
LFT. 24 $
' 720.0(1 $ 53.87 $
s
1,292.88 30.00
' 720.0(1 $ 50.0(1
' $ 50.00 $ 1.2ClCl,(l0
34 WATER VALVE BOX24"TOPSECTIONWfCOVER
WATER VALVE BOX & COVER COMPLETE
EACH
EACH
'6 ' 125.(1(1 $ 875.Cl0 S 188.55 1 319.85 $ 125.0(1 $ 875.0(1 $ 175.00 $ 1.225.00 $ 280.0(1
' 1,96(1.00
35
' 400,00 $ 2,400.00
' 4(14,(14
' 2 424.24 $ 320.00 $ 1,920.00
' 375.(1(1
' 2,250.0(1 $ 330.00 $ 198(1.0(1
TOTAL I$ 451,455.50 - ~M86,56 $ 449,786.25 s ~535.35 $ 5(11,883.72
H-1609, W-686, LAKESHORE DRIVE McCRACKEN ST. to LAKETON AVE.
ALTERNATE ENGINEER'S ESTIMATE FOR COLD-IN-PLACE RECYCLING-REV 06/06/06
ASPHALT PAVING KAMMINGA & ROODVOETS
PAG~ :.l
Date: June 27, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Construction Engineering Agreement with Fleis & Vandenbrink
Decorative Concrete-Street Lights-Roundabout on
Western Ave. Third to Terrace
SUMMARY OF REQUEST:
Enter into an engineering service agreement with Fleis & Vandenbrink to perform
construction engineering and design modification to meet the state's guidelines and
standards to complete the construction of Western Ave. between Third & Terrace by
constructing street lights, decorative concrete and sidewalks as well as the roundabout at
the intersection of Third & Western. This request is necessary since the City was able to
secure funding through available federal funds. The fee for the aforementioned services is
a not to exceed $32,500 for the design phase and $83,000 for the construction
engineering phase.
Fleis & Vandenbrink was selected since this project is very much an extension of what has
been done.
FINANCIAL IMPACT:
81% of the construction engineering phase ($83,000) is grant eligible. The design phase and
the local share of the construction engineering (19%) will be funded from the available Mall
project funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into an Engineering Services Agreement with Fleis & Vandenbrink.
COMMITIEE RECOMMENDATION:
--- RECEIVED
CITY OF MUSKEGON
JUN 1 ~; 2006;
ENGINEERING DEPARTMENT
CITY OF MUSKEGON
WESTERN AVENUE STREETSCAPE IMPROVEMENTS
CONSTRUCTION ENGINEERING CONTRACT
THIS CONTRACT, made and entered into as of this date of , 2006, by and
between Fleis & VandenBrink Engineering, Inc., Consulting Engineers, of 316 Morris Avenue, Suite 230,
Muskegon, Michigan 49440, hereinafter referred to as the "CONSULTANT," and the City of Muskegon, a
Public Body Corporation, of 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443, hereinafter referred
to as the "LOCAL AGENCY."
WITNESSETH:
WHEREAS, the LOCAL AGENCY is planning to construct the Western Avenue Streetscape
Improvements Project within its limits; and
WHEREAS, the LOCAL AGENCY desires to engage the professional services and assistance of
the CONSULTANT to perform design, bidding and construction engineering and inspection services and
other related work, said work to be hereinafter referred to as the "SERVICES," required in connection
with the construction of the Western Avenue Streetscape Improvements Project, said improvements to
be hereinafter referred to as the "PROJECT:"
"Western Avenue Streetscape from Third Street to Terrace Avenue,
Decorative Concrete Sidewalk, Decorative Concrete Pavement,
Concrete Curb & Gutter, Decorative Street Lights, and Electrical
Distribution," and
WHEREAS, the LOCAL AGENCY has programmed the PROJECT with the Michigan
Department of Transportation, hereinafter referred to as the "DEPARTMENT," for construction with the
use of SAFETEA-LU Funds administered by the United States Department of Transportation, Federal
Highway Administration, hereinafter referred to as the "FHWA;" and
WHEREAS, the CONSULTANT is willing to render the SERVICES desired by the LOCAL
AGENCY for the considerations hereinafter expressed; and
WHEREAS, the parties hereto have reached an understanding as to the scope of the work and
the performance of the SERVICES on the PROJECT and desire to set forth this understanding in the
form of a written contract;
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that:
THE CONSULTANT SHALL:
1. Provide the following SERVICES relating to the PROJECT:
a. Assign a construction engineer and qualified inspection personnel who will be
responsible to the Project Engineer at the PROJECT site during the construction
of the PROJECT in order to perform required inspection services to assure
34733Construction Engineering Contract
1
compliance with approved contract plans and specifications, and perform the
day to day activities of the PROJECT.
b. Field survey and construction staking services on the PROJECT site and any
other field surveys as may be required for effective control of the construction of
the PROJECT.
c. Perform and/or have conducted field checks and laboratory testing of materials
and equipment to assure compliance with the contract specifications and
requirements of the DEPARTMENT. A portion of the on-site testing work is to
be performed in accordance with a subcontractual arrangement between the
CONSULTANT and Soils and Structures.
d. Such additional engineering and inspection services as may be required by the
PROJECT Engineer for satisfactory completion of the PROJECT.
2. Perform all PROJECT work under the direction of the PROJECT Engineer who will be
assigned by the LOCAL AGENCY as provided in Section 15.
3. Provide such reports and maintain such records of the PROJECT as are required to
document the work to the satisfaction of the PROJECT Engineer, the LOCAL AGENCY and the
DEPARTMENT.
4. Govern all SERVICES by the applicable codes, laws, and standards of the LOCAL
AGENCY and the DEPARTMENT.
5. During the performance of the SERVICES herein provided for, be responsible for any
loss or damage to the documents, owned by the LOCAL AGENCY while they are in its possession.
Restoration of lost or damaged documents shall be at the CONSULTANT'S expense.
6. Furnish qualified personnel to assist the PROJECT engineer in solving field problems,
when so requested.
7. Attend conferences and make such trips as necessary to the LOCAL AGENCY'S offices
and to the site of the work to confer with representatives of the LOCAL AGENCY and the
DEPARTMENT as may be necessary in the carrying out of the work under this contract.
8. Follow standard accounting practices and permit representatives of the LOCAL AGENCY
and the DEPARTMENT to audit and inspect its PROJECT books and records at any reasonable time.
Such records are to be kept available for three (3) years from the date of the final payment for work
conducted under this contract.
a. The CONSULTANT shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses
incurred for which payment is sought or rnade under this Contract, said records
to be hereinafter referred to as the "RECORDS." Separate accounts shall be
established and maintained for all costs incurred under this Contract.
b. The CONSULTANT shall maintain the RECORDS for at least threA (3) years
from the date of final payment of federal aid made by the DEPARTMENT to the
local agency under this Contract. In the event of a dispute with regard to the
allowable expenses or any other issue under this Contract, the CONSULTANT
shall thereafter continue to maintain the RECORDS at least until that dispute
has been finally decided and the time for all available challenges or appeals of
that decision has expired.
34733Construction Engineering Contract
2
c. The DEPARTMENT, or their representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
d. If any part of the work is subcontracted, the CONSULTANT shall assure
compliance with subsections (a), (b), and (c) above for all subcontracted work.
9. Have in its employ a sufficient number of qualified employees available to complete the
SERVICES in accordance with the schedule for construction and completion of the PROJECT upon the
authorization to proceed with the SERVICES as outlined herein.
10. Show evidence of Workers' Compensation Insurance, said insurance to be as required
bylaw.
11. Commence work on the PROJECT as set forth in and following execution of this contract
only upon receipt of written notice from the PROJECT Engineer.
12. Furnish the LOCAL AGENCY and the DEPARTMENT a set of as built plans and records
of lhe PROJECT upon completion thereof.
13. Submit billings to the LOCAL AGENCY as set forth in Section 16.
THE LOCAL AGENCY WILL:
14. Assign a PROJECT Engineer who shall be the Publicly Employed Professional Engineer
in responsible charge of the PROJECT.
15. For and in consideration of the SERVICES rendered by the CONSULTANT as set forth
in this contract, pay the CONSULTANT on an hourly rate basis plus expenses according to
CONSULTANT's Standard Hourly Rates and Expense Schedule. Total fee shall not exceed Eighty-
three Thousand and 00/100 dollars ($83,000.00) for construction engineering only as shown in Exhibit
"A", attached hereto and made a part hereof.
a. Those costs incurred by the CONSULTANT in the utilization of the
subcontracted services of Soils and Structures will be reimbursed by the LOCAL
AGENCY. Payment by the LOCAL AGENCY will be made directly to the
CONSULTANT.
The maximum amount, including the profit, hereinbefore set forth in this Section, shall
not be exceeded except by the execution of an amendment to this contract by and between the parties
hereto and with approval by the DEPARTMENT. Payment shall be made as hereinafter set forth.
16. Make payments to the CONSULTANT in accordance with the following procedures:
a. Progress payments may be made for reimbursement of amounts earned to date
based on CONSULTANT's standard hourly rates plus expenses.
b. Partial payments will be made upon the submission by the CONSULTANT of a
billing, accompanied by properly completed reporting forms and such other
evidence of progress as may be required by the LOCAL AGENCY. Partial
payments shall be made only once a month.
c. Final billing under this contract shall be submitted in a timely manner but not
later than three (3) months after completion of the SERVICES. Billings for work
34733Cons\ruction Engineering Contract
3
submitted later than three (3) months after completion of SERVICES will not be
paid.
17. If SERVICES, or any part thereof, are terminated before completed, pay the
CONSULTANT as follows:
a. Pay the CONSULTANT for services incurred for the work completed up to the
time of termination, plus an amount determined at the time of termination to
compensate the CONSULTANT in full for a normal profit on work completed.
b. In no case, shall the compensation paid to the CONSULTANT for SERVICES,
or any part thereof, exceed the amount the CONSULTANT would receive had
the SERVICES, or the terminated portion thereof, been completed.
IT IS FURTHER AGREED THAT:
18. Upon completion or termination of this contract, all documents prepared by the
CONSULTANT, including tracings, drawings, estimates, specifications, field notes, investigations,
studies, etc., as instruments of SERVICE, shall become the property of the LOCAL AGENCY.
19. No portion of the PROJECT work, hereto before defined, shall be sublet, assigned, or
otherwise disposed of except as herein provided or with the prior written consent of the LOCAL
AGENCY and approval by the DEPARTMENT. Consent to sublet, assign or otherwise dispose of any
portion of the SERVICES shall not be construed to relieve the CONSULTANT of any responsibility for
the fulfillment of this contract.
20. All questions which may arise as to the quality and acceptability of work, the manner of
performance and rate of progress of the work, and the interpretation of plans and specifications shall be
decided by the LOCAL AGENCY'S PROJECT Engineer. All questions as to the satisfactory and
acceptable fulfillment of the terms of this contract shall be decided by the LOCAL AGENCY.
21. Any change in SERVICES to be performed by the CONSULTANT involving extra
compensation must be authorized in writing by the LOCAL AGENCY and approved by the
DEPARTMENT prior to the performance thereof by the CONSULTANT and requires an amendment to
this Contract.
The CONSULTANT and the LOCAL AGENCY specifically agree that in the event problems arise
that may be the result of errors and I or omissions by the CONSULTANT or due to a failure of
CONSULTANT to otherwise perform in accordance with this contract, the CONSULTANT will be held
responsible with no cost to the LOCAL AGENCY or in accordance with the LOCAL AGENCY'S dispute
resolution process if applicable.
22. In addition, the CONSULTANT shall comply with, and shall require any contractor or
subcontractor to comply with, the following:
a. In connection with the performance of the PROJECT under this contract, the
CONSULTANT (hereinafter in Appendix "A" referred to as the "contractor")
agrees 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 and will require a similar covenant on the part of any
contractor or subcontractor employed in the performance of this contract.
b. During the performance of this contract, the CONSULTANT fa;· itself, its
assignees, and successors in interest (hereinafter in Appendix "B" referred to as
the "contractor") agrees to comply with the Civil Rights Act of 1964, being
34733Construclion Engineering Contract
4
P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971,
1975a-1975d, and 2000a-2000h-6, and the Regulations of the United States
Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act,
including Appendix "B," attached hereto and made a part hereof and will require
similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
c. The parties hereto further agree that they accept the DEPARTMENT'S Minority
Business Enterprises/Women's Business Enterprises (MBEIWBE) Program with
respect to the PROJECT and will abide by the provisions set forth in Appendix
"C," attached hereto and made a part hereof, being an excerpt from Title 42
C.F.R, Part 23, more specifically 23.43(a)(1) and (2) thereof.
23. The CONSULTANT warrants that it has not employed or retained any company or
person other than bona fide employees working solely for the CONSULTANT, to solicit or secure this
contract, and that he has not paid or agreed to pay any company or person, other than bona fide
employees working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts,
or any other consideration, contingent upon or resulting from the award or making of this contract. For
breach or violation of this warranty, the LOCAL AGENCY shall have the right to annul this contract
without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gifts or contingent fee.
24. The CONSULTANT specifically agrees that in the performance of SERVICES herein
enumerated by it, or by an approved subcontractor, or anyone acting in its behalf, they will, to the best of
their professional knowledge and ability, comply with any and all applicable state, federal, and local
statutes, ordinances, and regulations.
25. No charges or claims for damages shall be made by the CONSULTANT for delays or
hindrances from any cause whatsoever during the progress of any portions of the SERVICES specified
in this contract, except as hereinafter provided.
In case of a substantial delay on the part of the LOCAL AGENCY in providing to the
CONSULTANT either the necessary information or approval to proceed with the work, resulting, through
no fault of the CONSULTANT, in delays of such extent as to require the CONSULTANT to perform its
work under changed conditions not contemplated by the parties, the LOCAL AGENCY will consider
supplemental compensation limited to increased costs incurred as a direct result of such delays. Any
claim for supplemental compensation must be in writing and accompanied by substantiating data.
Authorization of such supplemental compensation shall be by an amendment to this contract subject to
prior approval by the DEPARTMENT.
When delays are caused by circumstances or conditions beyond the control of the
CONSULTANT, as determined by the LOCAL AGENCY, the CONSULTANT shall be granted an
extension of time for such reasonable period as may be mutually agreed upon between the parties, it
being understood, however, that the permitting of the CONSULTANT to proceed to complete the
SERVICES, or any part of them, after the date to which the time of completion may have be> en extended,
shall in no way operate as a waiver on the part of the LOCAL AGENCY of any of its rights herein set
forth.
26. In case the CONSULTANT deems extra compensation will be due it for work or materials
not clearly covered in this contract, or not ordered by the LOCAL AGENCY as a change, or due to
changed conditions, the CONSULTANT shall notify the LOCAL AGENCY in writing of its intention to
make claim for such extra compensation before beginning such work. Failure on the part of the
CONSULTANT to give such notification will constitute a waiver of the claim for such extra
compensation. The filing of such notice by the CONSULTANT shall not in any way be construed to
34733Construction Engineering Contract
5
establish the validity of the claim. Such extra compensation shall be provided only by amendment to this
contract with approval of the DEPARTMENT.
27. The CONSULTANT agrees to obtain the necessary liability insurance, acceptable to the
LOCAL AGENCY, naming the City of Muskegon, the Michigan State Transportation Commission, and
the Michigan Department of Transportation as insured, and to provide the LOCAL AGENCY with
evidence of said insurance, and to indemnify and save harmless the LOCAL AGENCY, the Michigan
State Transportation Commission, and the DEPARTMENT, their officers agents and employees from
any and all claims and losses occurring or resulting to any person, firm or corporation furnishing or
supplying work, services, materials, or supplies in connection with the performance of this contract, and
from any and all claims and losses occurring or resulting to any person, firm, or corporation who may be
injured or damaged by the CONSULTANT in the performance of this contract.
The CONSULTANT agrees to comply with the following insurance and CONSULTANT
agrees to pay in behalf of, indemnify, and hold indemnity requirements:
a. Hold Harmless Agreements: To the fullest extent permitted by law,
CONSULTANT agrees to pay on behalf of, indemnify, and hold harmless the
LOCAL AGENCY, its elected and appointed officials, employees, volunteers,
and others working on behalf of the LOCAL AGENCY against any and all
claims, demands, suits, or loss, including any costs connected therewith,
including reasonable attorney fees and for any damages which may be
asserted, claimed or recovered against or from the LOCAL AGENCY, its elected
and appointed officials, employees, volunteers, or others acting on behalf of the
LOCAL AGENCY, by reason of personal injury, including bodily injury and
death, property damage, including loss of use thereof, and/or the effects of or
release or toxic and/or hazardous material which arises out of the negligent acts
and/or omission of the CONSULTANT. The obligations in this paragraph extend
to CONSULTANT'S employees, agents, subcontractors, assigns and
successors.
b. Consultant Insurance Requirements: CONSULTANT shall not commence work
under this contract until obtaining the insurance required under this paragraph.
All coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to the LOCAL AGENCY.
c. Workers' Compensation Insurance: The CONSULTANT shall procure and
maintain during the life of this contract, Workers' Compensation Insurance,
including Employer's Liability coverage, in accordance with all applicable
Statutes of the State of Michigan.
d. General Liability Insurance: The CONSULTANT shall procure and maintain
during the life of this contract, commercial General Liability Insurance on an
"Occurrence Basis" with limits of liability not less than $2,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury
and Property Damage. Coverage shall include the following extensions: (a)
Contractual Liability; (b) Products and Completed Operations; (c) Independent
Contractor's Coverage; (d) Broad Form General Liability Extensions or
equivalent.
e. Motor Vehicle Liability: The CONSULTANT shall procure and maintain during
the life of this contract Motor Vehicle Liability Insurance, including Michigan No-
Fault Coverages, with limits of liability of not less than $500,000 pPr occurrence
34733Construction Engineering Contract
6
or combined single limit Bodily Injury and Property Damage. Coverage shall
include all owned vehicles, all non-owned vehicles and all hired vehicles.
f. Professional Liability Insurance: The CONSULTANT shall procure and maintain
during the life of this contract and during the performance of all services,
Professional Liability Insurance covering all performances from the beginning of
the CONSULTANT'S service on a "claims made basis" and shall maintain
coverage from commencement of this contract until six (6) months following
completion for the CONSULTANT'S work with limits of liability not less than
$2,000,000 per occurrence.
g. Additional Insured: Commercial General Liability and Motor Vehicle Liability
Insurance, as described above, shall include an endorsement stating the
following shall be "Additional Insured": The CITY OF MUSKEGON, all elected
and appointed officials, all employees and volunteers, all boards, commissions
and/or authorities and board member, including employees and volunteers
thereof, the Michigan State Transportation Commission, and the Michigan
Department of Transportation.
h. Cancellation Notice: Workers' Compensation Insurance, General Liability
Insurance, Motor Vehicle Liability Insurance, and Professional Liability
Insurance, as described above, shall include an endorsement stating the
following: It is understood and agreed that Thirty (30) Days Advance Written
Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall
be sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT.
i. Proof of Insurance Coverage: The CONSULTANT shall provide the LOCAL
AGENCY at the time of the contracts are returned by it for execution, r;ertificates
and policies as listed below.
(1) Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance.
(2) Two (2) copies of Certificate of Insurance for Commercial General Liability
Insurance.
{3) Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance.
(4) Two (2) copies of Certificate of Insurance for Professional Liability
Insurance.
{5) If so requested, certified copies of all policies mentioned above will be
furnished.
If any of the above coverages expire during the term of this contract, the CONSULTANT shall deliver
renewal certificates and/or policies to the LOCAL AGENCY at least ten (10) days prior tc ~~c expiration
date.
28. This contract shall be terminated upon advisement to the CONSULTANT by the LOCAL
AGENCY that its SERVICES are completed and accepted.
29. The CONSULTANT'S signature on this Contract constitutes the CONSULTANT'S
certification of "status" under penalty of perjury under the laws of the United States in respect to 49 CFR,
Part 29 pursuant to Executive Order 12549.
34733Construction Engineering Contract
7
The certification, which is included as a part of this Contract as Attachment "A." is
Appendix A of 49 CFR Part 29, and applies to the CONSULTANT (referred to in Appendix A of 49 CFR
Part 29 as "the prospective primary participant").
The CONSULTANT is responsible for obtaining the same certification from all
subcontractors under this contract by inserting the following paragraph in all subcontracts:
"The subcontractor's signature on this Contract constitutes the subcontractor's
certification of 'status' under penalty of perjury under the laws of the United States in
respect to 49 CFR, Part 29 pursuant to Executive Order 12549. The certification, which
is included as a part of this Contract as Attachment "B," is Appendix B of 49 CFR, Part
29."
This certification is required of all subcontractors, testing laboratories, and other lower tier participants
with which the CONSULTANT enters into a written arrangement for the procurement of goods or
services provided for in this Contract.
30. The CONSULTANT hereby agrees that the costs reported to the LOCAL AGENCY for
this Contract shall represent only those items which are properly chargeable in accordance with this
Contract. The CONSULTANT also hereby 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.
31 . Upon execution of this contract by the parties hereto, the same shall become binding on
the parties hereto and their successors and assigns, until such time as all work contemplated hereunder
is complete, or until such time as this contract is terminated by mutual consent of the parties hereto.
34733Construction Engineering Contract
8
' ' '
IN WITNESS WHEREOF, the parties hereto have set their hands and seals by their duly
authorized agents and representatives the day and year first above written.
CONSULTANT: L S & VANDENBRINK ENGINEERING, INC.
Date Witness
ITLE President
LOCAL AGENCY: CITY OF MUSKEGON
7-4,-0i,
BY: Linda Potter Date
TITLE: Deputy Clerk
APPROVED AS TO FORM
MICHIGAN DEPARTMENT OF TRANSPORTATION
34733Construction Engineering Contract (2)
9
EXHIBIT A
Proposal Letter Dated March 23, 2006
Hourly Billing Rate Schedule (2006)
Equipment Charge Rates
34733Conslruction Engineering Contract
10
li]
FlEIS &VANDENBRINK
ENGINEERING INC.
Offices in Grand Rapids, Traverse City, and Muskegon
March 23, 2006 RECEIVED
CllY OF MUSKEGON
MAR 2 '7 2006
Mr. Mohammed AI-Shatel, City Engineer
City of Muskegon ENGINEERING DEPARTMENT
933 Terrace Street
Muskegon, Michigan 49440
RE: Western Avenue Streetscape Decorative Lighting & Concrete Paving Final Design &
Construction Engineering
Dear Mohammed:
We are pleased to submit our proposal for the Western Avenue Streetscape Final Design &
Construction Engineering. We understand from our meeting with Chris Youngs, MOOT Urban
Programs Manager, that they will do everything possible to streamline their review process in
order to allow the City to begin this decorative enhancement as soon as possible.
Project Area Defined
The project area is defined as the 4 blocks (approximately 1 ,400 feet) of the
Streetscape/Pedestrian Zones on each side of Western Avenue from 3'0 Street to Terrace Street
that is currently under construction. It also includes the proposed roundabout at the intersection
of 3rd Street and Western Avenue.
We recognize the following issues as being of specific concern to the City for successful
completion of the streetscape project:
• Modify the existing design plans as necessary to fulfill the intent of the proposed
development as defined under the Michigan Department of Transportation Guidelines for
the Local Agency Program.
• Provide Construction Engineering services required to meet City and funding agency
requirements and Site Construction Observation.
• Develop special provisions to meet MOOT requirements that are unique to streetscape
projects as required.
Scope of Work
We have prepared a work plan (scope of services), to complete the design and construction
engineering services, that identifies the project outlined above.
A. Final Design
1. Final construction plans- Format existing plans to MOOT guidelines that include
demolition, site layout, construction details, cross sections and landscape for
the project area.
P4451 Propllr
2960 Lucerne Dr., SE, Grand Rapids, M\49546 • Office: (616) 977-1000 • Fax: (616) 977-1005 • www.fveng.com
Mr. Mohammed AI-Shate/- City Engineer
City of Muskegon
March 23, 2006
Page 2
2. Final construction plans - Develop new electrical plans for lighting system for
the project area.
3. Special Provisions- Prepare contract documents including specifications, list of
bid items per City of Muskegon and MOOT standard practices.
4. Cost Estimates - Prepare final quantities and an estimate of probable
construction costs.
5. Coordinate and attend Grade Inspection meeting with MOOT. Revise plans,
specifications and estimates to reflect Gl comments.
6. Printing costs for complete Bid Documents (assume 20-sets for bidding). Print
and distribute copies of plans and specifications to trade organizations,
suppliers and contractors.
7. Advertising - Assist City in placing an advertisement(s) per City requirements
(the cost of advertisement will be billed directly to the City). Maintain a record of
plan holders.
8. Bidding - Assist during the bidding period by answering questions from bidders
and providing supplemental drawings and specifications, if required. Prepare
any required addendum, attend bid openings, review and tabulate bids and
make recommendation of award to City.
B. Construction Engineering
1. Construction Survey & Staking. Included is a line item for one-time construction
staking for contractor's placement of the proposed improvements.
2. Construction Administration - Prepare MOOT report documents for
reimbursement and related grant documents other than those required to be
completed by City. Assemble and maintain complete project file per MOOT
standards and attend audit at project conclusion. Attend bi-weekly progress
meeting with contractor and City.
3. Grant administration including:
a. On-site wage rate interviews.
b. Collection of contractor certified payrolls.
c. Comparison of interviews and the payrolls with the minimum wages.
d. Assemble project files to MOOT standards.
e. Prepare MOOT reporting documents for reimbursement to City
f. Attend MOOT project closeout/audit at project conclusion, if desired.
4. Project Inspection (50-hrs per week for an estimated 10-weeks). Provide daily
record keeping of construction activities in accordance with City & MOOT
agency requirements including prevailing wage rate interviews, product
certifications, quantities verification and conformance of work to plans and
specifications.
P4451 Propltr
Mr. Mohammed Al-Shatel- City Engineer
City of Muskegon
March 23, 2006
Page 3
5. Material and Soil Testing - Coordinate off-site materials testing such as
proctors on clay, sieve analyses on sand and gravel, extractions on bituminous
material, asphalt penetration and cylinder break on concrete per MOOT
standards.
6. Prepare As-Built Drawings - Prepare record drawings showing as-constructed
dimensions and details.
a) Reproducible Drawings
b) Electronic Version for all drawings (CAD Files) and specification
documents (MS Word).
Based on our understanding of the project, we have estimated our services to be provided for
the following fees that will be invoiced at our standard hourly rates:
Design Services $20,000 to $30,000 estimated
Bid Phase Services $2,500
Construction Engineering
Field Observation $34,500
Electrical Field Observation I Shop Drawings $3,300
Construction Staking $19,000
As-Builts $2,000
Construction Administration I Shop Drawings $16,000
MOOT Record Keeping $8,200
$83,000
Total Estimated Fees $115,500
Our design fees are an estimate and may need to be adjusted depending on final level of effort.
Our proposed fee for on-site observation and contract administration is based on a construction
period of 10 weeks and on-site inspection of 40 hours per week average. If the construction
period and level of inspection effort differs, we agree to adjust our fees for on-site observation
and contract administration proportionately, higher or lower, based on the exact schedules and
level of effort needed.
TENTATIVE SCHEDULE:
We understand that it is the desire of the City to have the project start as soon as possible.
Based on our understanding of the project and assuming a streamlined MOOT review process,
we propose to provide the services outlined at the following schedule:
TASK/PHASE Start BJl Com~lete bl£
Final Design Engineering Phase .. 03/24/06 03/31/06
Submittal of Gl Package and Gl meeting 04/03/06 04/07/06
Advertising Date 04/15/06 05/08/06
Project Construction and Construction 05/15/06 07/28/06*'
Engineering/Inspection ..
P4451 Propltr
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract, the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to
discriminate against an employee or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges of employment, or as a matter directly or indirectly related to
employment, because of race, color, religion, national origin, age, sex, height, weight, or marital
status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act
No.478, Public Acts of 1980, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or
privileges of employment, or a matter directly or indirectly related to employment, because of a
disability that is unrelated to the individual's ability to perform the duties of a particular job or
position. A breach of the above covenants shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of
the work set forth in this contract is to be performed, shall contain a covenant the same as
hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and
employees are treated without regard to their race, color, religion, national origin, age, sex,
height, weight, marital status or a disability that is unrelated to the individual's ability to perform
the duties of a particular job or position. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, national origin, age, sex, height, weight, marital status or
disability that is unrelated to the individual's ability to perform the duties of a particular job or
position.
5. The contractor or his collective bargaining representative will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other contract
or understanding, a notice advising the said labor union or workers' representative of the
contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of
the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any
individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as
provided by the Michigan Civil Rights Commission, said forms may also elicit information as to
the practices, policies, programs, 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
34733Cons\ruction Engineering Contract
II
compliance with his contract and relevance 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
34733Construction Engineering Contract
12
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as following:
1. Compliance with Regulations: The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or natural origin in the seleclion and
retention of subcontractors, including procurements of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information and its facilities, as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the Michigan Department of Transportation, or the Federal Highway
Administration as appropriate, and shall set forth what efforts is has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
34733Construction Engineering Contract
13
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through
6 of every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the Michigan Department of
Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for non-compliance; provided, however that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request the Michigan Department of
Transportation to enter into such litigation to protect the interests of the state, and, in addition,
the contractor may request the United States to enter into such litigation to protect the interest of
the United States.
34733Cons!ruction Engineering Contract
14
APPENDIX C
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
General Requirements for Recipients
Excerpts from US DOT Regulation
49 CFR, Part 23, Section 23.43
1. Policy: It is the policy of the Department that MBE as defined in 49 CFR, Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in whole or in part with
federal funds. Consequently, the MBE requirements of 49 CFR, Part 23, apply to this contract.
2. MBE Obligation: The recipient or its contractor agrees to ensure that MBE as defined in 49 CFR,
Part 23, has the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under this agreement. In this
regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with
49 CFR, Part 23, to ensure that MBE has the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of departmentally-assisted contracts.
3. If, as a condition of assistance, the recipient has submitted and the department has approved a
minority business enterprise affirmative action program which the recipient agrees to carry out, this
program is incorporated into this financial assistance agreement by reference. This program shall
be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this
financial assistance agreement. Upon notification to this recipient of its failure to carry out the
approved program, the Department shall impose such sanctions as noted in 49 CFR, Part 23,
Subpart E, which sanctions may include termination of the agreement or other measures that may
affect the ability of the recipient to obtain future departmental, financial assistance.
4. The Department hereby advises each recipient, contractor, or subcontractor that failure to carry out
the requirements set forth in Section 23.43(a) 49 CFR, Part 23, shall constitute a breach of contract,
and after the notification of the US DOT, may result in termination of the agreement or contract by the
Department or such remedy as the Department deems appropriate.
34733Cons!ruction Engineering Contract
15
SUBCONTRACT NO. _ _ __
CONTROL SECTION NO. _ _ __
JOB NO. _ _ __
FED. PROJECT NO. _ _ __
FED. ITEM NO. _ _ _ __
CERTIFICATION
I hereby certify that I am President and a duly authorized representative of the firm of Fleis &
VandenBrink Engineering, Inc., whose address is 2960 Lucerne Drive SE, Grand rapids, Michigan, 49546
and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, or any firm or person (other than a bona fide employee working solely for me or the above
Fleis & VandenBrink Engineering, Inc.) to solicit or secure this contract.
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract, or
(c) paid, or agreed to pay, to any firm organization or person (other than a bona fide employee
working solely for me or the above Fie is & VandenBrink Engineering, Inc.) any fee, contribution, donation,
or consideration of any kind for, or in connection with, procuring or carrying out the contract:
except as here expressly stated (if any):
I acknowledge that this certification is to be furnished to tre !Michigan Department of
Transportation in connection with this contract involvirg p,furticipation of st91e ~nd/or federal funds, and is
subject to applicable state and federal laws, both criininy) and civil. f
\I .
\_~I ·.. I/~,
Cc \ \"L \ C{:· / ·1~ ~ .( t\ '· i\
Date
u !"'"'""
34733Construclion Engineering Contract (2)
17
ATTACHMENT A
(This is a reproduction of Appendix A of 49 CFR Part 29)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS-
PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into
this transaction. However, failure of the prospective primary participant to furnish a certification
or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification in addition to other remedies available to the federal government, the department or
agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department or
agency to whom this proposal is submitted if at any time the prospective primary participant
learns that its certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposed," and
"voluntarily excluded" as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules impending Executive Order 12549. You may contact the
department or agency to which this proposal is being submitted for assistance in obtaining a
copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into
this covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally processed by a
prudent person in the ordinary course of business dealings.
34733Construclion Engineering Contract
17
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the federal government, the department or agency may
terminate this transaction for cause or default Certification regarding Debarment, Suspension,
and Other Responsibility Matters- Primary Covered Transactions.
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicated for or otherwise criminally or civilly charged by a government
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
March 9, 1989
34733Construclion Eng1neenng Contract
18
ATTACHMENT B
(This is a reproduction of Appendix B of 49 C.F.R. Part 29)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person
to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transaction," without notification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List
{Telephone No. (517) 335-2513 or (517) 335-2514).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
34733Construction Engineering Contract
19
Certification Regarding Debarment, Suspension. Ineligibility, and Voluntary Exclusion-Lower Tier
Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
(Federal Register Doc. 88-11561 Filed 5-25-88; 8:45a.m.) March 9, 1989
34733Cons!ruction Engineering Contract
20
Commission Meeting Date: June 27, 2004
Date: June 16, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJ3 (_
RE: Request for final Planned Unit Development approval for
Phase V of the Park Terrace Development
SUMMARY OF REQUEST:
Request for final approval for Phase V of the Planned Unit Development and
associated site, and landscape plans for the Park Terrace Development, for 46
condominium units. The request is from Ruddiman Associates.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends final PUD approval for Phase V and approval of the associated
plans provided that the conditions listed in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended final approval of Phase V of the PUD and
associated plans, with the conditions listed on the attached resolution, at their regular
meeting on 6/15. The vote was unanimous, with T. Harryman and B. Smith absent.
6/16/2006
CITY OF MUSKEGON
RESOLUTION #2006- 55 (e)
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR PHASE
V OF THE PARK TERRACE DEVELOPMENT
WHEREAS, a petition for a planned llllit development was received from Ruddiman Associates
and,
WHEREAS, a planned unit development will allow a mixed-use residential development; and,
WHEREAS, the planned unit development received preliminary approval from this City
Commission on August 15, 2002, and Phases I, II, and IV have since been approved and
constructed; and,
WHEREAS, proper notice was given by mail and publication and a public hearing was held by
the City Planning Commission to consider said petition, during which all interested persons were
given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State
Law; and
WHEREAS, the Planning Commission and staff have recommended approval ofthe final Planned
Unit Development and associated site, landscaping and utility plans for Phase IV, with conditions
as follows:
1. All requirements listed by the Fire Department in the Staff Report (# 10), shall be met.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned llllit development is hereby approved
with conditions for Phase IV ofthe development.
Adopted this 27th day of June, 2006
Ayes: Shepherd , Spataro, Warmington, Wierenga, Carter,
Davis, and Gawron
Nays: None
Absent: None
Attest: ~
Linda Potter, CMC, Deputy City Clerk
CERTIFICATE (Final PUD for Park Terrace, Phase V)
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon
County, Michigan, does hereby certifY that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 27 111 day of June, 2006, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify 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.
DATED: --=~
'---"uo-;./.,._v,...___.?_ _., 2006.
t7
Linda Potter, CMC
Deputy City Clerk
City of Muskegon
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 15, 2006
Hearing; Case 2006-17: Request for final Planned Unit Development approval for Phase V
(condominiums) of the Park Terrace Development north ofWoodcreek Avenue off the
intersection with Rosewood Street, by Ruddiman Associates.
BACKGROUND
Applicant: Ruddiman Associates
Property Address/Location: North of Woodcreek Avenue off of the intersection
with Rosewood Street
Request: Phase V Final Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
1. The subject property is part ofthe Park Terrace Development (former Hackley Glen site,
on Hackley Avenue, west ofBarclay Street), which has an approved preliminary PUD for
the entire former Hackely Glen property. Phases I, II and IV of the project have already
received final PUD and site plan approval and have been constructed. Phase III is not
being developed at this time. This request is for final PUD and site plan approval for
PhaseV.
2. The property is located north ofWoodcreek Avenue off the intersection with Rosewood
Street.
3. There will be 46 condominium units, to be constructed as duplexes. Each unit will have
an attached 2-stall garage and driveway, providing the minimum of2 parking spaces
required.
4. There will be a 5 ft. sidewalk constructed on the inside of the Rosewood Street loop.
5. No additional signage is proposed for the site.
6. The site plan appears to be very detailed and Staff is not aware of anything missing from
the plans.
7. The landscaping plan is also extensive, and appears to preserve most of the existing trees
wherever practical. Many new trees and shrubs will also be planted as part of the plan.
8. All setbacks are well within the requirements for RM-1 zoning.
9. Engineering had no comments regarding the site plan.
10. The Fire Department had the following comments:
a. Fire flow test shall be conducted prior to approval. Intemational Fire Code-
Section 508.
0:\Pianning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-17 Park Terrace Phase V Final
PUD.doc
b. Project shall comply with NFPA 1141 fire protection for planned building groups.
c. Designated fire lanes shall be established through the area. Signage shall be
posted and comply with IFC appendix C 103.6.
II. DPW comments were as follows:
a. Contact Kelly DeFrench regarding looping water main between Woodcreek Drive
and Rosewood.
12. Staff has received no comments regarding this request.
City of Muskegon
Planning Commission
Case# 2006-17
1111 ~ Sub)to!Ptopotty(lu)
0 ~ No!ioo Juo•
11·1 a Sin~lo·f•milf Res>donli•l
RM·1 m Low Density Mulijple·f 1mllf R oololon!LII
OSR- Op•n Sp•oo Roote•llon
OSC • Opon Sp••• Conurnllon
t-"--- ::~: ~l:':,i~::l~~.~:~~omp>C
RE: Vacation of the East/West alley between Fifth and Sixth
Streets, running parallel to Washington and W. Grand
Avenues
SUMMARY OF REQUEST:
Request for vacation of the East/West alley between Fifth and Sixth Streets, running
parallel to Washington and W. Grand Avenues, located in Muskegon Revised Plat of
1903, Block 405.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the East/West alley between Fifth and Sixth Streets,
running parallel to Washington and W. Grand Avenues, with the condition that all utility
easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the alley at their 6/15/06 meeting,
with the condition that all utility easement rights be retained. The vote was unanimous
with T. Harryman and B. Smith absent.
6/16/2006
RESOLUTION #2006· 5 s ( f )
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the East/West portion of the alley in Block 405
of the City of Muskegon Revised Plat of 1903, between Fifth and Sixth Streets, running parallel
with Washington and W. Grand Avenues; and,
WHEREAS, the Planning Commission held a public hearing on June 15, 2006, to consider the
petition and, subsequently, recommended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the June 27, 2006, City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the East/West portion of the alley in Block 405 of the City
of Muskegon Revised Plat of 1903, between Fifth and Sixth Streets, running parallel with
Washington and W. Grand Avenues, County ofMuskegon, State ofMichigan.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 27th day of June, 2006.
Ayes: Spataro, Warmington, Wierengo, Carter, Davis,
Gawron, and Shepherd
Nays: None
Absent: None
B
Attest: ~d:a /ot/vv
Linda Potter, CMC, Deputy City Clerk
CERTIFICATION
(Alley Vacation of the East!West alley in Block 405 of the City of Muskegon Revised Plan of
1903)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission ofthe City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on June 27,2006.
Linda Potter, CMC
Deputy City Clerk
City ofMuskegon
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNJNG COMMISSION
REGULAR MEETING
June 15, 2006
Hearing; Case 2006-16: Request to vacate the East/West alley between Fifth and Sixth
Streets, running parallel to Washington and W. Grand Avenues, by Jana Martinez.
BACKGROUND
The alley in question is part of an "H" alley located between Fifth and Sixth Streets running
parallel to Washington and W. Grand Avenues. All homes abutting this alley have driveway
access to their homes or access one of the cross alleys running between Washington and W. Grand.
The applicant states that there has been a problem with people parking in this portion of the alley
and illegal dumping has been taldng place.
Fire, and DPW have no issues with vacating this alley. As always, Staff recommends that utility
rights be retained.
'
Alley looking west from the North/South alley intersection.
·-t'--
. . ~--
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership Jz{ Dance Permit 0
Drop/Add Name on License 0 Transfer Location 0
Drop/Add Stockholder Name 0 New Entertainment Permit 0
Other
----------------------------
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved 0 Denied 0 No Action Needed 0
Income Tax Approved ~ Owing 0 Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved 0 Denied D Pending ZBA 0
Clerk's Approved 0 Owing D Amount:
Fire/Inspections Approved 0 Denied D Remaining Defects D
e;-1 . . 1~~
Department Signature ~
----------~~~------------------~-----
Please return to the City Clerk's Office
. Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORI\1
BusinessName: ~~~~~~~~~-~~~~e-.~~~~~~~f~e~r~~~-~~~~~~c~~~-~=~~~~~~C
1 ~
-
AKA Business Name (if applicable): _---t.fi~li....:::C'.-..:..;W=-::-S::::..--..%..1-_...::C..::::.......~.u:L...lc..->~--
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
1
New License D Transfer of Ownership }Zf Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------- -------
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
DepartmentSignat~~
~~~~------------------~----
Piease return to the Ci~
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
BusinessName: ~~~~~~~C~t~~~(-~~r~~~~~~?~f~e~r~~~-~~~~~~e-~~~~~~-~~~~C
AKA Business Name (if applicable): ------'/3~!i-e:::...:w~.s;;:;...._.._..z....J-~-.:.Co::::;...lr;;u.l....lc:__s;'---~~
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership Jz{ Dance Permit D
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name 0 New Entertainment Permit 0
Other
--------------------------------
Deadline for receipt of all information: ~~~-----------
Public Safety Approved 0 Denied 0 No Action Needed 0
Income Tax Approved D Owing D Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved p{ Denied D Pending ZBA 0
Clerk's Approved 0 Owing .D Amount:
Fire/Inspections Approved D Denied 0 Remaining Defects D
Department Signature_.....t
""-.....
:Z -~·~
--0_.._-__
- :; ; cz__
_____________
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
BusinessNa~e: ~~~~~~~~--~~~~t~~~~~~~J~1~f~e~~~~~-~-~-~~c~~--~~~~~~~~ c
AKA Business Name (if applicable): ~- -'/3:. ;. . .;.fi. . ;:;e;:; .· .;-"s
w= =--__._f:_ _,C~uJ...:c;_s'--·~~-
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership ~- Dance Permit 0
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-------------------------------
Deadline for receipt of all information: -~~~~~~~~~----
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D A~ount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved ·~ Owing D A~ount:
Fire/Inspections Approved D Denied 0 Re~aining Defects D
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\f
BusinessName: ~~~~~~~C~t~~~t~~-~~~~~~~1~f~e~r~~~- ~
~~~~~~c~~~~~~~~~~~~C
~
-
AKA Business Name (if applicable): _ _.;f3~1i~C:=W;;._s
=--~J-_--...:..:t~LI~C-..>"_ __
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership Jz{. Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
------------------------------
Deadline for receipt of all information: - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved ~ Denied D Remaining Defects D
hcdr/y ,5~./vcd W ,rar¥tv, ;';,.: 'ift:cf>.- v
k .;t:::__ fitr@S ~ t:~C ~~c/;1/ ~eo(
IY pre cJ,Ch'(jcc-0-.
Department Signature._J..t:...._:_-1-...,.-::~=---+.--...!::::_:_~~~~---------
Piease return to the City Clerk's Offic
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\f
Business Name:~~~~~~~C~~~·~~c~~~~~~~~~~?~f~e~r~~~ r
· ~-~~~~~c~~~-~~~~-~~ :t=:tr · ~~c.
AKA Business Name (if applicable): ~__.f3~1i....:::e;:;..;w=-.;;_s=-·~.I-~-.::C"""-"'u"-'c:""".->:......-~-
..
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - - - - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership jZ{ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
--------------------------~
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved~ Owing D Amount:
Fire/Inspections Approved Denied D Remaining Defects D
~epartmentSignature~~~~----~~~---------
Piease return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affirmative Action
{23 I )124·6703
FAX: (231)122·1214
Assessor/Equalization
(231)724-6708
FAX: (231)726.-5181
Cemetery Department
(231)124·6783
FAX: (231)726--5617
City Manager
(23 I )124·6124 West Michigan's Shoreline City
FAX: (231)722·1214
Civil Service
(231 )724w6716
FAX: (231)7244405 June 21, 2006
Clerk
(23 I )124·6705
FAX: (231)7244178
Community and
Neigh. Services
Mr. Steve Borstler, President
(231)724·6717 Oakview Neighborhood Assoc.
FAX: (231)726.-2501
1255 Fleming
Computer Info, Muskegon,MI 49442
Systems
(231)724-6744
FAX: (231)7224301
Dear Mr. Borstler:
Engineering Dept.
(231)724-6707
FAX: (231)727-6904
We have received a letter from the Liquor Control Commission reference a
request to transfer all stock in the 2006 Class C-SDM licensed business with
Finance Dept.
(231)724w6713 dance permit at 817 E Forest (Brews & Cues) from Timothy Brewer to new
FAX: (231)724-6768 stockholder TerriL. Garza. A SDM license permits the sale of beer and wine for
Fire Department consumption off the premises only; and a Class C license permits the sale of beer,
(231)124·6792
FAX: (231)724-6985
wine, or liquor for consumption on the licensed premises. On Tuesday, June 27,
2006, the City Commission will review this request and determine whether or not
Income Tax
(231)724-6770 it should be recommended for approval.
FAX: (231)724-6768
Inspection Services You are being sent this notice because the City Commission would like to know
(231)724-6715 how the Neighborhood Association feels and would appreciate any comments that
FAX: (231)7284371
they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services
(231)724w6704
49440 or attend the City Commission Meeting on June 27, 2006, at 5:30p.m. in
FAX: (231)724wl196 the Commission Chambers.
Mayor's Office
(231)124·6701 If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)722·1214
Planning/Zoning
(231)724-6702
Sincerely,
FAX: (231)724-6790
Police Deptartment
(231 )124·6750
FAX: (231)722-5140
Linda Potter
PubUc Works Dept.
(231)724-4100
Deputy Clerk
FAX: (231)722-4188
Treasurer's Office
(23 I )724-6720
FAX: (231)724--6768
Water Billing Dept,
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231 )724-41 06
FAX: (231}755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Affirmative Action
(231)724~6703
FAX: (231)722~1214
As sesso r/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
June 22, 2006
FAX: (231)724-4405
Clerk
(231)7Z4-6705
FAX: (231)724-4178
Ms. Terri L. Garza
Community and
Neigh. Services
1386 Frost
(231)7Z4-6717 Muskegon, MI 49442
FAX: (231)726-2501
Computer Info. Dear Ms. Garza:
Systems
(231)724-6744
FAX: (231)722-4301
This letter is to inform you that your request to transfer all stock in the 2006 Class
Engineering Dept. C-SDM Licensed Business with Dance Permit located at 817 Forest will be
(231)724-6707
FAX: (231)727-6904
presented to the City Commission on June 27,2006. This meeting begins at 5:30
p.m. and is located in the City Commission Chambers, 933 Terrace, Muskegon,
Finance Dept.
(231)724-6713 MI.
FAX: (231)724-6768
Fire Department This request has also been sent to the Oakview Neighborhood Association for
(231)724~6792
FAX: (231}724-6985
their comments. It is Commission practice to let the Neighborhood Association
know of any liquor license requests that are located within their boundaries. This
Income Tax
(23 1)724-6170 allows for comments from the people who live there and not just from the owners
FAX: (231)724-6768 of the business' who are located there.
Inspection Services
(231)724-6715 Sincerely,
FAX: (231)728-4371
Leisure Services
(231)724-6704
FAX: (231)724-1196
Mayor's Office Linda Potter
(231)724-6701 Deputy Clerk
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231 )724-41 ()0
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
F~X: (231)724-6768
Water FUtratlon
(231 )724-41 ()6
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
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Req ID #356223
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
RESOLUTION
2006-55(c)
At a Regular meeting of the ___c_i_t....,;Y:--...,..,c-,o::-m-:m--=i::-s_s...,.,i=o_n-:::----:-::-- - - -
(Regular or Spo:cial) ~
--oL
_______________
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
BusinessNa~e: ~~~~-~~~~~~u~~,~~v~e~n~v~e~~~~~~C~-J~/~a~r~~·~-~~~~~c~.~~~
AKA Business Name (if applicable): - - - - - - - - - - - - - - - -
Operator/Manager's Name: 1/o/}('rf £ /i~jc.w.s!f~ I { 6artcff /) j~!lr)~ Jr.
Business Address: I
~II it/ · C/~/' he.
Reason for Review:
New License 12?J Transfer of Ownership D Dance Permit D ·
. Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------------
Deadline for receipt of all information: - - - - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
RECEIVED
LIQUOR LICENSE .REVIE\V FORl\1 HJN 0 . 2006
CITY Uf r:usr
FAX: (231)724-6768
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Fire Deparhnent To Whom It May Concern: 0
@
(231)724-6792
FAX: (231)724-6985
Enclosed is the Resolution, Fmm LC-1800, print cards and check for Clay
Income Tax
(231)724-6770
Avenue Cellars, Inc. This was recommended for approval at the June 27, 2006,
FAX: (231)724-6768
City Commission Meeting.
Inspection Services
(231)724-6715 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX: (231)728-4371
Leisure Services
(231)724-6704 Sincerely,
FAX: (231)724-1196
Mayor's Office
(231)724·6701
FAX: (231)722-1214
Linda Potter
Planning/Zoning
(231)724-6702 Deputy Clerk
FAX: (231)724·6790
Pollee Deptartrnent enc.
(231)724·6750
FAX: (23l)722..SI40
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
{231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290. City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
wwv.·.shorelinecity.com
CITY COMMISSION MEETING
June 27, 2006
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
DATE: June 15, 2006
RE: 2005 3rd Quarter Suggestion Award Winner
SUMMARY OF REQUEST:
The Employee Suggestion Award Committee requests that the 2005 3rd quarter award
go to Firefighter Brian Davis for his proposal to store the Fire Department's boat on City
property rather than pay a fee for off-site storage.
FINANCIAL IMPACT:
Estimated savings are $450 annually. (This suggestion already has been implemented.)
BUDGET ACTION REQUIRED:
None.
COMMITTEE RECOMMENDATION:
The committee recommends honoring Firefighter Davis with the 2005 3rd quarter
Employee Suggestion Award.
STAFF RECOMMENDATION:
Staff supports the committee recommendation and requests approval ofthis award.
CITY COMMISSION MEETING
June 27, 2006
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
DATE: June 6, 2006
RE: 2005 4th Quarter Suggestion Award Winner
SUMMARY OF REQUEST:
The Employee Suggestion Award Committee requests that the 2005 4th quarter award
go to Cemetery Customer Service Representative Teresa Moore for her proposal to
discontinue the City's practice of buying back sold but now unwanted cemetery plots and
implement a fee-for-service when assisting with the resale of grave sites.
Based on the 2005 grave buy-back expenditures of $7,000, this will result in a like
savings during 2006. Additionally, based on the $7,000 grave value, the City will realize
a gain of the 20% commission fee for service when assisting plot owners resell their
grave sites, for income on approximately $1,400.
FINANCIAL IMPACT:
This amounts to approximately $8,400 annually in savings and revenue for the City.
(This suggestion already has been implemented.)
BUDGET ACTION REQUIRED:
None.
COMMITTEE RECOMMENDATION:
The committee recommends honoring Cemetery Customer Service Representative
Teresa Moore with the 2005 41h quarter Employee Suggestion Award.
STAFF RECOMMENDATION:
Staff supports the committee recommendation and requests approval ofthis award.
CITY COMMISSION MEETING
June 27, 2006
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
DATE: June 15, 2006
RE: 2006 151 Quarter Suggestion Award Winner
SUMMARY OF REQUEST:
The Employee Suggestion Award Committee requests that the 2006 1st'hquarter award
go to Building Maintenance Supervisor J. R. Gann for his proposal to install a forced air
heating system in the Evergreen Cemetery mausoleum.
FINANCIAL IMPACT:
Estimated savings are $400-700 per month, depending on seasonal heating needs, for a
total annual savings of $4,800 to $8,400. (This suggestion already has been
implemented.)
BUDGET ACTION REQUIRED:
None.
COMMITTEE RECOMMENDATION:
The committee recommends honoring Building Maintenance Supervisor J. R. Gann
with the 2006 1st quarter Employee Suggestion Award.
STAFF RECOMMENDATION:
Staff supports the committee recommendation and requests approval ofthis award.
{&
Finance ·
Administration
Memo
To: City Commission
From: Finance Director
Date: June 27, 2006
Re: Construction of Clubroom Facility at LC Walker Arena - Update
Bids for construction of the LC Walker Arena clubroom were opened on Friday, June 23"'.
Although interest in the project was high and bidding was strong, results were disappointing,
with the low bid coming in .f\lllfth higher than the $300,000 project estimate:
Bidder Location Base Bid Equipment Total
Muskegon Quality Builders Muskegon $403,600 $28,123 $431,723
Clifford Buck Muskegon 418,000 27,898 445,898
Tridonn Muskegon 454,305 33,695 488,000
Winberg Whitehall 457,400 Included 457,400
Triangle GR 462,000 Included 462,000
Muskegon Construction Muskegon 478,200 Included 478,200
For Total Project Cost Add: A & D (previously approved)-> 18,750
The primary sources for the cost discrepancy are higher than anticipated costs for: 1)
electrical to bring service to the required elevator, 2) HVAC costs, and 3) outfitting the food
preparation area.
0:\FINANCE\PAUL\MyDocuments\AGENDA ITEM 2006 LC Walker Clubroom2.doc
Date: June 27, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: LC Walker Clubroom Facility
SUMMARY OF REQUEST: Bids will be opened on Friday, June 23 "'for construction
of a clubroom facility at the LC Walker Arena. It should be noted that the window to construct
the facility before the start of next season is very tight so it is important that a decision not be
delayed.
FINANCIAL IMPACT: If the Commission decides to proceed with the Clubroom, the
following financial impacts are anticipated:
1. annual management fee paid by the city to AMG under the new operations contract
decreases from $235,000 to $210,000;
2. a 15-year $300,000 (3% interest) interfund loan would be made from the Equipment
Fund to the LC Walker Arena fund to finance construction costs; and,
3. monthly debt service payments in the amount of $2,071.74 ($24,861/yr) would be
made to repay the interfund loan.
Additionally, of course, it is anticipated the project will financially strengthen the Walker Arena
and complement and enhance redevelopment of the downtown.
BUDGET ACTION REQUIRED: The budget will be adjusted as described above
depending on the Commission's decision.
STAFF RECOMMENDATION: Provided construction bids are reasonably close to
estimates and allow the project to be completed within budget ($300,000), staff recommends
approval.
COMMITTEE RECOMMENDATION: None.
• Page3
Finance
Administration
Memo
To: City Commission
From: Finance Director
Date: June 20, 2006
Re: Construction of Clubroom Facility at LC Walker Arena
The City Commission previously authorized staff to engage an architect and solicit bids for
construction of a clubroom facility at the Western Avenue end of the LC Walker Arena. The
clubroom will seat 80-90 patrons and will be situated above the Western Avenue entrance
where the large windows are. On the interior, the clubroom will have large windows
providing overhead views of events on the Arena floor. Also, TVs will be utilized to help
attract arena patrons who might otherwise stay at home to watch a competing sports event.
Construction bids will be opened on Friday, June 23 "' and brought to the Commission on
Tuesday, June 27 1h.
Project Rationale
For many years the city has subsidized the LC Walker Arena. The subsidy (totaling more
than $3.0 million over the last 10 years) has not resulted in any revenue-generating
investment in the building; rather the money has simply gone to pay routine operating costs.
One of the challenges I have asked the arena manager to focus on is to come up with capital
investment ideas that stood a good chance of generating positive cashflow. The thinking is
to have some of the City's operating subsidy dollars shifted to capital investment that could
generate new, long-term operating revenues.
A second ice sheet was the first project seriously explored but this was determined to be too
costly (>$2.0 million) and risky with too many hurdles to overcome (property acquisition, etc.).
The "clubroom" idea was next explored and this concept appeared much more promising
based on successful ventures in other arenas and on the much lower estimated project cost
($300,000). The idea was eventually incorporated into the new arena management
agreement.
0:\FINANCE\PAUL\MyDocuments\AGENDAITEM 2006 LC Walker Clubroom.doc
Project Budget & Financing
The new management agreement provides fo r a fixed annual management fee of $235,000;
however, if the city constructs the clubroom facility, the annual fee is lowered to $210,000.
The $25,000 difference approximates the annual debt service required to finance the
$300,000 clubroom over 15 years. In essence, if the city decides to construct the facility,
$25,000 of the city's subsidy is shifted to a capital investment.
Originally it was anticipated that the $300,000 cost would be financed as part of the bond
issue for a new fire station. However, it was soon determined that doing so would severely
tie our hands with IRS regulations. (These are the same IRS rules we have worked hard to
extract ourselves from in negotiating a new incentive-based management agreement.)
Accordingly, we are proposing to finance the clubroom via an interfund loan from the city's
equipment fund (similar to the loan previously made for energy improvements at the arena).
Annual debt service is estimated to be $24,861 with monthly payments of $2,071.74.
Risk and Other Issues
Proceeding with this project clearly is not without risk to the city. The chief risk is that the city
will need to continue making debt payments regardless of what happens to the facility or
tenants. This risk is reduced over time and we have included a provision in the management
agreement that requires the arena manager to pay four years debt service if they do not
maintain a professional hockey franchise at the arena. Also, it is believed that
sponsorship/naming rights for the clubroom can be monetized to help defray debt service
costs.
Provided bids come in near our estimate, staff believes the risk entailed in this project is
reasonable. The clubroom will make the arena a more attractive and competitive venue
which will help both in retention of current tenants and in marketing to new tenants.
Another issue that has been raised is competition with private establishments in the area.
While this is a legitimate concern, staff believes the clubroom will generate new business for
the entire area, not just take traffic away from other establishments. Moreover, a healthy
arena is vital to the health of all the area establishments. Staff from AMG has met with
owners of the surrounding establishments to address their concerns.
Please let me know if you have any questions regarding this matter.
Thank you.
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Commission Meeting Date: June 27, 2006
Date: June 16,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.foG
RE: Request for Final Planned Unit Development approval for
Phase I at 444 Irwin Avenue.
SUMMARY OF REQUEST:
The request for Final Planned Unit Development (PUD) approval at 444 Irwin Avenue
is for a mixed use, commercial, office, and religious development. The request is by
Douglas Malear, Hope Lighthouse Church.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends final approval of the PUD provided that the conditions listed in the
attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the Preliminary PUD and Phase I
of the final PUD, with the conditions listed on the attached resolution, at their June 15,
2006 meeting. The vote was unanimous, with T. Harryman and B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase II Final PUD.doc
I
CITY OF MUSKEGON
RESOLUTION #2006- 57(b)
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR
444 IRWIN AVENUE.
WHEREAS, a petition for a planned unit development was received from Douglas Malear, Hope
Lighthouse Church; and,
WHEREAS, a planned unit development will allow a mixed use commercial, office and religious
development; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Phase I of
the Final Planned Unit Development and associated conceptual site plan, with conditions as
follows:
1. An amended site plan addressing the staff concerns listed in #5 of the staff report be
submitted and approved by the Planning Department.
2. No other uses be allowed on the site until further phases of the PUD are approved.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and Phase I of the final planned unit development is hereby
approved.
Adopted this 27th day of June, 2006
Ayes: Gawron, Shepherd, Spataro, Warmington, Wi erenga, Carter, Davis
Nays: None
Absent: None
Attest: ~ ~
Linda Potter, CMC
Deputy City Clerl{
CERTIFICATE (Final PUD Phase I for 444 Irwin Avenue.)
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission ofthe City of Muskegon, at a regular meeting of the
City Commission on the 27th day of June, 2006, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with Act No. 267, Public Acts ofMichigan of 1976, as amended, and
that minutes were kept and will be or have been made available as required thereby.
DATED:
(/
k~ 7 ,2006. ~I
Linda Potter, CMC
Deputy City Clerk
0:\Planning\COMMON\Zoning\City Commission Jtems\PVDs\2006 PUDs\Case 2006·19 444 Irwin Phase fl Final PVD.doc
Staff Report [EXERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 15, 2006
Hearing; Case 2006-19: Request for final Planned Unit Development approval for Phase I
(commercial, office and church) for 444 Irwin Avenue, by Douglas Mal ear, Hope Lighthouse
Church.
BACKGROUND
Applicant: Douglas Malear, Hope Lighthouse Church
Property Address/Location: 444 liwin A venue
Request: Final Planned Unit Development (PUD), Phase I
Present Land Use: Vacant former Fitzpatrick Electric
Zoning: I-1, Light Industrial
STAFF OBSERVATIONS
1. The properties in question at 444 Irwin has received approval for a Preliminary PUD, (see
former case) from the Planning Commission. The applicant would like final approval on
certain portions of the building at this time, and will move forward in the future with other
additional phases as funding becomes available.
2. This phase of the development is for the church sanctuary, fellowship hall and classroom
space for Hope Lighthouse Church, as well as a retail space for a used merchandise sales
outlet.
3. The sanctuary is approximately 3,000 sq. ft, the fellowship hall is 3,015 sq. ft, and there
are 3 classrooms to be used for Sunday school. In addition there is a room for a nursery,
reception area, hallway and restrooms. The retail space is 2,536 sq. ft. This totals
approximately 11,150 sq. ft. on the first floor.
4. The second floor is already developed for and used by the previous owner for offices.
There is 12, 812 sq. ft. of usable office space, including 7 offices and a classroom that will
be utilized by the Church and the remaining office and meeting rooms will be leased,
probably to other non-profit organizations.
5. Staffhas the following comments regarding the site plan
a. A landscaping plan is included on this site plan. There are challenges because of
the existing building and paved areas, and it is almost impossible to meet the
landscape ordinance requirements, however by using the existing landscaping and
adding trees and shrubs wherever possible the site should be much more attractive.
It appears that some additional trees and shrubs or bushes could be added to the
green spaces along Irwin presently marked for top soil and seed or with grass. The
0:\Planning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase II Final PUD.doc
applicant can work with staff on this issue and submit a revised landscaping plan if
Planning Commission agrees.
b. Parking spaces need to be defined with curb stops or rolled curbing.
c. All parking spaces must be striped. Minimum size for parking spaces is 8 x 18 ft.,
and must be indicated on the site plan. There are 105 parking spaces shown on the
site plan. Approximately 80 spaces would be needed, considering the fellowship
hall and church would be sharing approximately 30 spaces. This is adequate for
the present uses in the building, however, the applicant needs to be aware that
additional uses of the building may require additional parking or shared parking
agreements with other properties in the area.
d. Any additional lighting installed must be 100% cut-off.
e. Show snow storage areas, or indicate if snow will be removed from the
site.
f. Show location of any dumpster, along with screening that will be
provided.
g. Indicate fire lanes and location of frre lock box.
h. If any additional signage will be requested, indicate location. Sign permits
are required and must be approved prior to installation.
6. Staff has received no comments regarding this request.
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Planning Commission
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0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase TI Final PUD.doc
View from Irwin Avenue View from the rear of the building.
Views from Wood Street looking East at the building.
ORDINANCE EXCERPTS
SECTION2101: DEVELOPMENTOPTIONS
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents of
the City of Muskegon and encourage the use, reuse, and improvement of existing sites and
buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to allow
some degree of flexibility in the application of standards and regulations in this Ordinance
0:\Planning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase TI Final PUD.doc
to achieve innovation to development on sites with unusual topography or unique settings
within the community, or on land which exhibits difficult or costly development problems,
and shall not be allowed where this option is sought primarily to avoid the imposition of
standards and requirements of zoning classifications rather than to achieve the stated
purposes above.
a. Planned Unit Development Regulations, Standards and Requirements
1) The entire parcel for which application is made must be under one ownership
or the application must be made with the written authorization of all property
owners.
2) The application shall meet the criteria established in each specified zoning
district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with Section
2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
determine its suitability.
4) The final phase shall require a detailed development plan for any part of the
approved conceptual PUD plan.
c. Standards for Approval ofPUD Plans
The Planning Commission shall approve, deny or modifY preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely affect
the public utility and circulation systems, sun·ounding properties, or the
environment.
2) The uses proposed should be consistent with the land use plans adopted by the
City.
3) The amount of open space provided, which the Planning Commission or City
Commission may modifY even though such modifications do not conform to
that required in other sections of this ordinance.
0:\Planning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase II Final PUD.doc
4) The amount of off-street parking areas, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Prelinrinary PUD Plan Submission
The applicant shall submit together with the application for PUD prelinrinary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infrastructure and any unusual
topographic features.
1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD fmal phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
0:\Planning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase II Final PUD.doc
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning Commission if the
proposed modifications do not alter the basic design or land uses of the plan.
a. If the Planning Commission determines that the proposed modifications are
significant or major, a public notice and public hearing in accordance with Section
2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan with all
proposed buildings, parking areas, landscaping and infrastructure must commence
within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be completed
within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the petitioner
and granted by the City Commission following public notice and public hearing in
accordance with Section 2332 of this ordinance. Failure to secure an extension
shall result in a stoppage of all construction.
RECOMMENDATION
Staff recommends approval of the Final PUD for Phase I request based upon the above staff
review of the "Standards for Approval ofPUD Plans", subject to the conditions offered below.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
2. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
3. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
4. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
5. The proposed site plan complies with section 2330 of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase ll Final PUD.doc
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the Preliminary PUD and associated site plan for mixed-use commercial, office and
religious uses for 444 Irwin Avenue be (approved/denied) pursuant to the determination of
(compliance/lack of compliance) with the intent of the City Zoning Ordinance and City Master
Land Use Plan based on the following conditions (only if approved):
I. An amended site plan addressing the staff concerns listed above in #5 be submitted and
approved by the Planning Department.
2. No other uses be allowed on the site until further phases of the PUD are approved.
0:\Planning\COMMON\Zoning\City Commission Itcms\PUDs\2006 PUDs\Case 2006-19 444 Irwin Phase II Final PUD.doc
DATE: June 20, 2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-060004
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
1986 Continental 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: # EN-060004 - 1986 Continental
Location and ownership: This structure is located on Continental between E.
Keating and Holbrook and is owned by Calvin Lee, 1986 Continental, Muskegon,
Ml49442
Staff Correspondence: A dangerous building inspection was conducted on
01/10/2006. The Notice and Order to Repair was issued on 01/20/2006. On
03/02/2006 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present to represent property at the HBA meeting
dated 03/02/06. The Inspection Department has gotten several complaints from
neighbors regarding the property and the structure had to be secured twice. No
permits have been issued, no inspections scheduled and no owner contact.
Financial Impact: General Funds
Budget action required: None
State Equalized value: 13,800
Estimated cost to repair: $6,000 Exterior Only
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings'U'cmporary Internet Files\OLKIA\AGENDA ~1986 Continental.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Friday, January 13, 2006
Enforcement# EN060004 Property Address 1986 CONTINENTAL ST
Parcel #24-215-008-0014-00 Owner LEE CALVIN A
Inspector: Henry Faltinowski
Date completed: 01/10/2006
DEFICENCIES:
Uncorrected
1. Repair damaged foundation wall, exposed rim joist, floor joists, and
stucco falling of home.
2. Replace roof covering on home. Reshingle, replace damaged sheathing
and any damaged rafters.
3. Rebuild back deck to code.
4. Large amounts debris in back yard. Remove.
5. Replace all damaged siding exterior wall coverings.
6. All windows and doors must be installed to code.
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, Ml49440 (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.
Henry Faltinowski, Building Inspector Date
'-
AGENDA ITEM
CITY COMMISSION MEETING DATED June 27, 2006
To: Honorable Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: June 20, 2006
Re: Multiple Alcohol License within the City of Muskegon over the period
June 29 to July 7, 2006. Request received from Tipsy Toad.
SUMMARY OF REQUEST:
We received a Special Event request from Tipsy Toad through the Non Profit Fruitport
Lions Club for a liquor license to serve alcohol outside of their venue over the period July
14 to 16, 2006. The Commission has already approved two liquor licenses (Summer
Celebration and The Eagles) during that same period.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
No recommendation. Commission action required.
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City of Muskegon Request for Special Event/Special Alcohol License
Fee Schedule: $50.00 administrative fee must accompany each request submitted prior to 60 days before
the event
$150.00 fee for applications submitted 59-45 days prior to the event
$250.00 fee for applications submitted 44-30 days prior to the event
$450.00 fee for applications submitted 29 days or less prior to the event
**First time events will pay only the $50 fee.
Failure to apply sixty days prior to event is cause to deny the request
Please fill out this form and return to the Department or Leisure Services, P.O. Box 0536, 933
Terrace St., Muskegon, MI 49443-0536. Telephone: (231) 724-6704 (Fax) (231) 724-1196
Applicant Organization 6*"-'Jr2.L'7 rti';,~" /" ~c
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Contact Person ~/s- v::~~~-~
Address I
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Daytime Phone ,2_11 8 tf-- '>t, //? Alt. Contact # .2j / >="2? ;( ::Z.:;. ~
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Special Event Title_~.0.~..:""='=$/=~-~/"--",'"'8=0=c_.c.7'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Description of Event_,.ff"--'