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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Community Relations Committee Appointment. CITY CLERK
c. Funding for Storm Water Phrase II Permit Application. PUBLIC
WORKS
d. High Service Pump #2 Rebuild - Additional Repairs. WATER
FILTRATION PLANT
e. Creation of HDC Study Committee. PLANNING & ECONOMIC
DEVELOPMENT
• PUBLIC HEARINGS:
a. Spreading of the Special Assessment Roll on Watson. Rodgers &
Nelson ENGINEERING
b. Create Special Assessment District for Roberts Street from Keating
to Laketon ENGINEERING
c. Create a Special Assessment District for Black Creek Road.
Sherman to Latimer. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Extension of Construction Time Period Purchase
Agreement/Former Lakos Property {Muskegon Hospitality. lnc./City
of Muskegon. PLANNING & ECONOMIC DEVELOPMENT
b. Fisherman's Landing RFP LEISURE SERVICES
• NEW BUSINESS:
a. FIRST READING: Rezoning Request for Property Located near Bayou.
Butler and Wood Street. PLANNING & ECONOMIC DEVELOPMENT
b. Seasonal & Temporary Services Provider. CIVIL SERVICE
c. Consideration of Bids - Building Demo. For Shoreline Drive East.
ENGINEERING
d. Concurrence with Housing Board of Appeals Notice and Order to
Demolish the following: INSPECTION SERVICES
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION: Labor Negotiations
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: January 22, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Orientation that was held on Monday, January 7, 2002; and the Regular
Commission Meeting that was held on Tuesday, January 8, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933,
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, January 22, 2002.
Mayor Warmington opened the meeting by introducing Reverend Jerry DePoy from Bible
Baptist Temple, who offered the prayer, after which members of the City Commission and
members of the public joined in reciting the Pledge of Allegiance.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Stephen Warmington, Vice-Mayor Karen Buie, Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd, Lawrence Spataro; City
Manager Bryon Mazade; City Attorney Thomas Johnson and City Clerk Gail Kundinger.
2002-09 CONSENT AGENDA
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Orientation
that was held on Monday, January 7, 2002; and the Regular Commission Meeting
that was held on Tuesday, January 8, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Community Relation Appointments. CITY CLERK
SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee regarding appointments. The Community Relations
Committee held a meeting on January 14, 2002, to review the applications
presented for each of the various committees and boards.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the appointments.
c. Funding for Storm Water Phase II Permit Application. PUBLIC
WORKS
SUMMARY OF REQUEST: The Muskegon Area Municipal Storm Water Policy
Committee, which represents all the municipalities affected by the NPDES Storm
Water Phase II Voluntary Permit requirements, has approved a proposal by its
consultant, Fishbeck, Thompson, Carr and Huber, to draft permit application for all
the municipalities. The total cost of this project will be $78,000. Costs were spread to
all the municipalities and Muskegon County based on population, total land area,
urbanized area, population in urbanized area and a community benefit factor. The
City of Muskegon's share of this cost is $14,960.
FINANCIAL IMPACT: $14,960
STAFF RECOMMENDATION: To approve this expense.
d. High Service Pump #2 Rebuild - Additional repairs. WATER
FILTRATION PLANT
SUMMARY OF REQUEST: To authorize necessary additional repairs to High Service
Pump #2.
FINANCIAL IMPACT: Repair costs of $8,970.00 in addition to the original
agreements of $31,824.99.
BUDGET ACTION REQUIRED: This is an unplanned expense and will require an
internal budget transfer from another line item.
STAFF RECOMMENDATION: To authorize payment to the contractor for the
additional repairs in conjunction to the original rebuild project at a cost of $8,970.00.
e. Creation of HDC Study Committee. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The Westwood Group is interested in establishing an
historic district for the Boiler Works building and its vicinity in order to avail the State's
historic preservation tax credit program. For a new historic district establishment, the
state statute requires that the City Commission appoint a study committee to
conduct all necessary research and reports. The committee shall contain a majority
of persons who have knowledge or interest in historic preservation, and shall contain
representation from an organized local historic preservation organization. The
request is to appoint a study committee mainly to determine whether the Boiler
Works should be designated as a historic district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends to appoint the following persons,
namely: Jon Colburn and Dan Chambers. Additional persons with knowledge in
historic preservation will also be recruited to serve in the study committee.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
the Consent Agenda.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron.
Nays: None
MOTION PASSED
2002-10 PUBLIC HEARINGS:
a. Spreading of the Special Assessment Roll on Watson. Rodgers &
Nelson. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for Watson, Rodgers & Nelson, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $80,102.59 would be spread against the twenty-
three (23) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The public hearing opened at 5:37 p.m. to hear and consider any comments
from the public. There were no comments given from the public.
Motion by Commissioner Schweifler, second by Commissioner Larson to close
Public Hearing at 5:40 p.m. and approve the spreading of the Special Assessment Roll
on Watson, Rodgers & Nelson.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson.
Nays: None
MOTION PASSED
b. Create Special Assessment District for Roberts Street from Keating
to Laketon. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Roberts, Keating to Laketon, and to create the special assessment
district and appoint two City Commissioners to the Board of Assessors if it is
determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened at 5:40 p.m. to hear and consider any comments from
the public. There were no comments given from the public.
Motion by Commissioner Spataro, second by Vice Mayor Buie to close Public
Hearing at 5:42 p.m. and create Special Assessment District for Roberts Street from
Keating to Laketon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler.
Nays: None
MOTION PASSED
c. Create Special Assessment District for Black Creek Road, Sherman
to Latimer. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Black Creek Rd., Sherman to Latimer, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors if it
is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened at 5:43 p.m. to hear and consider any comments from
the public. Public comments in opposition made by Bruce Peltier, 2241 Black Creek
Rd and Jim Duncan, 2300 Black Creek Rd.
Motion by Commissioner Spartaro, second by Commissioner Schweifler to close
Public Hearing at 6:02 on the proposed special assessment of Black Creek Rd.,
Sherman to Latimer, and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd.
Nays: None
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Schwefler to table
proposed special assessment of Black Creek Rd., Sherman to Latimer until next
regular meeting.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro.
Nays: None
MOTION PASSED
2002-11 UNFINISHED BUSINESS:
a. Extension of Construction Time Period Purchase
Agreement/Former Lakos Property (Muskegon Hospitality. lnc./City
of Muskegon). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. The conditions are
included in the Amendment Agreement, and include an extension of three years, at
the inclusion of which a new building will be constructed on the site. Conditions
include the requirement that a paved, landscaped parking lot will be constructed on
the site in the interim. If the parking lot is not constructed, in accordance with
requirements of the Engineering and Planning Departments, by May 31, 2002, the
original staff recommendation of January 8, 2002 will be in effect.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Amendment Agreement and
authorize the Mayor and Clerk to sign.
Motion by Commissioner Schweifler, second by Commissioner Larson to approve
the written request from Holiday Inn Muskegon Harbor/Muskegon Hospitality Inc. to
extend the construction time period designated in the Purchase Agreement between
Muskegon Hospitality, Inc. and the City of Muskegon for the former Lakos property,
with conditions.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington.
Nays: None
MOTION PASSED
b. Fisherman's Landing RFP. LEISURE SERVICES
SUMMARY OF REQUEST: To direct staff as to which proposal, if either, to pursue for
the use of Fisherman's Landing.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: See attached
COMMITTEE RECOMMENDATION: The Leisure Services Board recommended that
to delay action for 30 days to allow both parties to work out an agreement, but to
work with Great Lakes to determine what an equal swap may be during that time.
The public hearing opened at 6:13 p.m. to hear and consider any comments from
the public. Public comments were heard from Chris Kelly (6:18), Mr. Burns 6:27),
Dave Wendtland (6:44), Wayne Grossbeck (6:56), Skeeter Warner (7:01)
(Charlevoix survey passed out), Debra Hawkins (7:01), Don Zutter (7:31 ), Jack
Harrington (7:35), Greg Wagner (7:37), Thomas Hamilton (7:39), William Barefoot
(7:43), and Joan Benedict (7:47). A recess was given at 7:19 and reconvened at
7:31.
Motion by Commissioner Spataro, second by Commissioner Schweifler to adopt in
principal the proposal submitted by Great Lakes to relocate Fisherman's Landing and
to present a Development Agreement to the Commission in 90 days.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie.
Nays: Shepherd
MOTION PASSED
2002-12 NEW BUSINESS:
a. FIRST READING: Rezoning Request for Property Located near
Bayou. Butler and Wood Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Donald and Sherry
Lou Balcom, located near Bayou, Butler and Wood Streets, from RT, Two-Family
Residential and B-4, General Business to Rm-1, Low Density Multiple-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at the l /l O meeting. The vote was unanimous.
Motion by Commissioner Shephard, second by Vice Mayor Buie to approve the
request to rezone property owned by Donald and Sherry Lou Balcom, located near
Bayou, Butler and Wood Streets, from RT, Two-Family Residential and B-4, General
Business to Rm-1, Low Density Multiple-Family Residential.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron.
Nays: None
MOTION PASSED
b. Seasonal & Temporary Services Provider. CIVIL SERVICE
SUMMARY OF REQUEST: Approval of provider contract for seasonal and
temporary employment services. RFP solicitation resulted in three proposals, which
were due December 4, 2001. Proposals were received from: Kelly Services, Inc.,
17088 Robbins Rd., Suite B, Grand Haven Ml 49417; Manpower, 20 West Muskegon
Ave., Muskegon, Ml 49440-1317; Wise Services Inc., 600 Beacon Blvd., Suite C, Grand
Haven, Ml 49417. A committee consisting of managers and users reviewed proposals
and interviewed bidder representatives. While Kelly Services was the low bidder, the
decision to select Kelly Services was not made exclusively on that factor. Overall,
Kelly Services presented the most desirable package in terms of flexibility,
responsiveness, hiring and orientation process, references, and commitment to equal
employment opportunity.
FINANCIAL IMPACT: Seasonal and temporary services are projected to cost
approximately $550,000 during 2002.
BUDGET ACTION REQUIRED: Financial resources are allocated in the 2002 budget.
STAFF RECOMMENDATION: Staff recommends adopting the committee's decision
to award the seasonal and temporary services contract to Kelly Services, Inc.
COMMITTEE RECOMMENDATION: The committee is recommending Kelly Services,
Inc. be awarded the contract.
Motioned by Commissioner Schweifler, second by Commissioner Gawron to
approve provider contract for seasonal and temporary employment services to Kelly
Services.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington. Buie, Gawron Larson.
Nays: Shepherd
MOTION PASSES
c. Consideration of Bids - Building Demo. For Shoreline Drive East.
ENGINEERING
SUMMARY OF REQUEST: The contract to demolish five structures at the following
locations to H & M Demolition Companies out of Holland; Rag & Metal (10 W.
Western), Captain Hook (685 Ottawa), Arts Mall (634 Ottawa), and Plasma Center
(701 Cedar). H & M were the lowest responsive and responsible bidder with a bid
price of $51, 250.
FINANCIAL IMPACT: The demolishing cost of $51,250.
BUDGET ACTION REQUIRED: The cost will be from the budgeted amount for
Shoreline Dr.
STAFF RECOMMENDATION: Award the contract to H & M Demolition Companies.
Motion by Commissioner Spataro, second by Commissioner Schweifler to award
the contract for the demolition of 5 structures to H&M Demolition Co ..
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler.
Nays: None
MOTION PASSES
d. Concurrence with Housing Board of Appeals Notice and Order to
Demolish the following: INSPECTION SERVICES
1. 432 Monroe & 1878 Smith
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structures located at 432 Monroe
and 1878 Smith are unsafe, substandard, a public nuisance and that they be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of these structures and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT: CDBG
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 Buie to concur with the
Housing Board of appeals decision to demolish houses at 432 Monroe and 1878
Smith.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Shepherd.
Nays: None
MOTION PASSES
2002-13 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Schweifler, second by Commissioner Spataro to go into
closed session at 9:04 pm.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro.
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Spataro to return to
open session at 9: 16 p.m.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington.
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Shepherd to
accept Attorney's recommendation on item one (1).
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie.
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Vice Mayor Buie to accept
Attorney's recommendation on item two (2).
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron.
Nays: None
MOTION PASSES
ADJOURNMENT: The Regular commission meeting for the city of Muskegon was
adjourned at 9: 18 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/AAE
City Clerk
Date: January 15, 2002
To: Honorable Mayor and City Commission
From: Community Relations Committee
RE: Appointments to Various Committees/Boards
SUMMARY OF REQUEST: To concur with the recommendations from
the Community Relations Committee regarding appointments. The
Community Relations Committee held a meeting held on January 14,
2002, to review the applications presented for each of the various
committees and boards.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the appointments.
COMMUNITY RELATIONS APPOINTMENTS
Board of Canvassers
John Bronsema (Republican) - Reappointed
Charles Nelson (Republican) - Reappointed
Leola Chambers (Democrat) - Reappointed
Katrina Gordon (Democrat) - Fill Vacancy (Joanie Wallace)
Board of Review
Luther Dease - Reappointed
Lawrence Devoogd - Reappointed
Donald Haas - Reappointed
Jack Rottman - Reappointed
Cemetery Committee
Robert Vanderlaan - Reappointed
Citizen's Police Review Board
John Barrett - Reappointed
Ben Garza - Reappointed
Marianne Harris-Darnell - Reappointed
Bradley Young - Reappointed
City Employees' Pension Board
Art Rudd - Reappointed
Community Development Block Grant-Citizen's District Council
James Dalum - Reappointed
G. Ellouise Hieftje - Reappointed
Susan Kroes - Reappointed
Catherine Maybanks - Reappointed
Patricia Montney - Reappointed
Election Committee
Charles Nelson - Reappointed
Equal Opportunity Committee
Laura Rowan - Reappointed
Historic District Commission
Daniel Chambers - Reappointed (Residency in the District)
Wanda Matsey - At Large Position
Jackie Hilt - To Fill Position (Member of Preservation Society)
Hospital Finance Authority
Bess Commodore - Reappointed
George Sculley - Reappointed
Housing Code Board of Appeals
Nick Kroes - Reappointed
Jonathan Rolewicz - To Fill Vacancy
Housing Commission
Tommie Dennie - Reappointed (Recommendation of Manager)
Land Reutilization Committee
Michael Bernhardt (Contractor) - Reappointed
Tommie Watson (At-Large Position) - To Fill Vacancy (Linda Engle)
Leisure Services Board
Chris Jensen - Reappointed
John Strach, Jr. - Reappointed
Loan Advisory Board
Jay Wallace - Reappointed
Planning Commission
John Aslakson - Replace Diana Coleman
Peter Satorius - Reappointed
Blanche Smith - Reappointed
Joan Stewart - Fill Vacancy Left By Lisa Abraham
Zoning Board of Appeals
Jane Clingman-Scott - Fill Vacancy Left By Bill Larson
Daniel Narowitz - Reappointed
Steve Schiller - Reappointed
David Newsome - Replace Rosaline Smith
Date: January 22, 2002
To: Honorable Mayor and City Commissioners
From: Ken Meyer, Deputy DPW Director
RE: Funding for Storm Water Phase II Permit Application
SUMMARY OF REQUEST:
The Muskegon Area Municipal Storm Water Policy Committee, which represents all
the municipalities affected by the NPDES Storm Water Phase II Voluntary Permit
requirements, has approved a proposal by its consultant, Fishbeck, Thompson, Carr
and Huber, to draft permit applications for all the municipalities. The total cost of this
project will be $78,000. Costs were spread to all the municipalities and Muskegon
County based on population, total land area, urbanized area, population in urbanized
area and a community benefit factor. The City of Muskegon's share of this cost is
$14,960.
FINANCIAL IMPACT:
$14,960.
BUDGET ACTION REQUIRED:
The expense to be covered by the Storm Water Management Budget.
STAFF RECOMMENDATION:
To approve this expense.
COMMITTEE RECOMMENDATION:
C:\DOCUME~1\KUNDIN~1\LOCALS~1\Temp\Phase II Penntt Appllication Expense Agenda Cover_.doc
Public
Works
Memo
To: Ken Meyer, Deputy Public Works Director
From:Bob Fountain, Special Operations Supervisor
CC: Bob Kuhn, Public Works Director
Date: 1/15/2002
Re: Appropriation for NPDES Phase II Storm Water Voluntary Permit Application
The Muskegon Area Municipal Storm Water Policy Committee, on which the City of
Muskegon is represented, has approved the hiring of the consulting engineering firm,
Fishbeck, Thompson, Carr and Huber (FTCH) to prepare an NPDES Phase II Storm
Water Voluntary Permit Application for each municipality. Previously FTCH was
selected by bid process to prepare an initial plan of steps needed to prepare a permit
application. FTCH was found to be the most qualified and lowest bidder of 8
engineering consulting firms that submitted RFP's for this project.
To complete the application process for each municipality, FTCH has submitted a
price not to exceed $78,000. They also submitted a funding apportionment plan for
spreading the preparation cost to all the municipalities represented.
The recommended funding apportionment for the City of Muskegon is 27.4% of the
total cost or $14,960. This figure takes into account each municipality's total area,
urbanized area, total population, population in the urbanized area and a factor for
public health, safety and welfare. I recommend that we obtain City Commission
approval to have our permit application prepared.
2
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Deeem:}e, 7, 2C01
Pm,ect No. G0!5l3
Mr, Gerald Bartoszoi,, P.E.
Public Works Director
City oi Norton Slloros
4814 Henry Street
Nor.on SilOl'eS, lvll 494,n
Re: Proposal ior Englneenng Scrv1(..-e<;, tur
Muskogon .Area f./unicipal Storm Water 8umrr11tree
Oear Jerry:
Fishbeck, Thompson, Carr & Huber, Inc. (FTC&H) 's pleased. to submit thi~ µruµ0S ~.11)
Mi\MSWC Loc:.I Urirt Total $54,600 S54,U00 SSll County S1 1,700 511 ,7 00 $11 ,700
Mus!cc 9or1 County Road C om miss ion $1 1.700 $11,700 S11,70U
MA MSWC lotal $78,000 $78,000 S78,000
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Date: January 1 0, 2002
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: High Service Pump #2 Rebuild - additional repairs
SUMMARY OF REQUEST:
To authorize necessary additional repairs to High Service Pump #2.
FINANCIAL IMPACT:
Repair costs of $8,970.00 in addition to the original agreements of
$31,824.99.
BUDGET ACTION REQUIRED:
This is an unplanned expense and will require an internal budget
transfer from another line item.
STAFF RECOMMENDATION:
To authorize payment to the contractor for the additional repairs in
conjunction to the original rebuild project at a cost of $8,970.00.
MEMORANDUM
1/9/02
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: FINAL INVOICE, HIGH SERVICE PUMP #2 REPAIRS
I have received final billing for the rebuild of high service pump #2. The total cost of
repairs is $40,794.59. You may recall this pump repair began in early summer of last
year.
BACKGROUND
The high service pumps are the pumps that ensure adequate water quantity and
pressure to the distribution system, and ultimately to our customer's taps.
Included are two memorandums, dated 4/2/01 and 5/16/01, regarding the repairs to high
service pump #2. The City Commission has approved the repair costs as identified in
the memorandums, and has authorized expenditures of $31,824.99 to date.
ADDITIONAL REPAIRS
The final repair cost for this pump is $8,970.00 greater than was anticipated. Included is
a letter of explanation from Gerry Burrows, Peerless-Midwest. His letter identifies the
greatest contributor as the impeller replacement and subsequent machining required.
Also included with the letter is a spreadsheet identifying the activities, cost estimate,
invoiced amount, and the difference between the estimate and invoiced amounts.
RECOMMENDATION
Based on the information provided and understanding gleaned from telephone
conversations with Gerry Burrows; I recommend that we approve payment of the
additional cost of repairs at $8,970.00
MEMORANDUM
4/2/01
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: HIGH SERVICE PUMP #2 --
12 MILLION GALLON PER DAY (12 MGD)
The High Service Pumps; 2-6 MGD and 2-12 MGD, in the 1972 Pumphouse
are the primary pumps used to move water into the distribution system and
elevated storage tanks.
The upper bearing oil on High Service pump #4 (6 MGD) started to show
discoloration (blackened). Kevin Herbert, Chief Operator, had the oil tested
by Chevron (oil mfg.). The test results showed high iron content. Additionally
this pump started to show elevated vibration levels. While waiting for the oil
test results the pump was balanced & the oil flushed and changed.
Kevin began researching what would cause the iron content in the oil.
Indications were that it wasn't a bearing problem (no chromium or nickel) so
he asked Hall/Jones Elec. to look further into the problem & re-check the
balance. This revealed that the bearings were rotating in the casting
(unacceptable) and causing the iron particles. Subsequently, the shaft hub
has been machined to specs. and the bearings replaced.
The remaining three pumps were examined for the same condition. None
displayed signs of this condition but Pump #2 (12 MGD) did not rotate freely
like the other pumps.
Kevin contacted Peerless-Midwest and asked them to take a look at this and
make recommendation. Peerless adjusted the shaft throw and everything
else they could think would relieve the condition; only to loosen the binding
slightly (the other pumps can be rotated by hand - this one cannot). They
spent over three hours working on the pump, not including travel from Ionia at
no charge to us.
We have taken pump #2 out of service but have not "locked" it out. This
allows the Plant Operator to use it only if absolutely necessary until such time
as it can be repaired.
You may recall that Peerless-Midwest rebuilt High Service pumps #1 & 3 in
late 1995 and early 1996. We were quite pleased with their performance.
Subsequent to that work, they recently rebuilt the booster pump #2 located at
the Keating St. station.
We solicited a cost for a re-build of pump #2 from Peerless Midwest because
we are approaching the summer season and a repair of this sort may take as
much as 6 to 8 weeks. This time frame is further compounded by spring
weight restrictions on the roadways.
The pricing estimate submitted by Peerless-Midwest, Inc. to perform a pump
rebuild similar to that performed in 1996 is $20,100.00. This is an unplanned,
but necessary, expenditure that will require a budget transfer.
MEMORANDUM
5/16/01
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: HIGH SERVICE PUMP #2-12 MILLION GALLON
PER DAY (12 MGD)
BACKGROUND
High service pump #2 was removed for repair by our contractor, Peerless-Midwest, Inc.,
because it was not rotating freely. We received a repair cost estimate from Peerless
based on their experience with two previous pump rebuilds, including cost increases.
The original repair information from the April 10, 2001 City Commission Agenda is
attached.
ADDITIONAL REPAIRS
Upon removal of the pump it was evident there was significant corrosion on the pump
column. Peerless disassembled the pump and found a number of items that required
repair. The two major items are the replacement of an impeller, the welding repair, sand
blasting and protective coating of the pump column. Additionally shaft sections, shaft
sleeves and bearings must be replaced. Included are representative photographs of the
impeller, pump sleeves and pitting on the pump column. Also included is the cost
estimate for the aforementioned, additional, repairs.
WATER DEMAND
The Filtration Plant is beginning to experience an increase in water demand with the
coming of warmer weather. High Service Pump #2 is heavily relied upon to meet the
peak water demand during the summer months.
NOTICE TO PROCEED
The unexpected events and unexpected conditions are unfortunate; none-the-less it is
imperative that this pump be repaired. It is expected these necessary repairs will require
more than six weeks to complete. Due to this situation Peerless-Midwest has been
authorized to proceed with the necessary repairs and expedite the repair process at a
cost of $11,724.99.
MEMO
To: Robert Venek.lasen, Dir. I Manager
City of Muskegon WTP Peerless-Midwest, Inc.
From: Gerry Bunows
Subject: Muskegon HS Pump # 2 - Invoice
Date: December 1, 2001
Please find the attached Pricing estimate Evaluation sheets that I prepared in regard to the invoice
# 10323 - 10-31-01 which you requested a over estimated explanation.
In order to correlated the invoice with the estimate I took the original estimate & added two
column on the right hand margin for" Invoiced amount" & "Difference from Invoice".
Items in green are under estimate , Items in red are over estimate, items in black are as estimated.
As you can see everything was on target until the pump reached the shop when the pa1is list was
generated & column coating & impeller problems were noted. My memo of 5-14 & pricing sheets
for paiis ( photo's for documentation) raised the paiis pricing$ 9,346.35-(non-listed parts - at
bottom of paiis sheet)+ 2,378.64 ( internal paiis pricing changes from Worihington above the$
4,100.00 estimated from 1995 numbers wt.% increases) & the labor estimate from the original
estimated proposal brought the job at this point to$ 31,824.99.
Other cost are all listed & explained on the bottom of the evaluation sheet.
In case your wondering why we just didn' t use the key'ed impeller. The reason is balance. Having
one keyed & one collet impeller wt. different weight distribution causes problems . IE: if both
impellers were keyed then the shaft is machined at 180 deg for each impeller or the impeller rotor
assembly must be assembled and balanced before assembly into the castings. Impeller ordered as
Collet type - shipped as key'ed & factory refused to machine for collet. ( your pump was collet
style)
It all adds up - rather quickly.
Overall this job is no super money maker for Peerless - Presently with most all cost in the job file
we are 9.8%. The standm·d is 20%, so I will also have to explain to the owners at our schedule 12
( closed job ) meeting why the job did not make goal margins.
I sincerely doubt if the city or anyone else could have done any better with this job considering the
total amount of shop, machine & field work completed.
what is going to be needed until all paris are laid bare on the shop floor .
Peerless-Midwest, Inc.
Pricing Estimate 505 Apple Tree Dr.
Ionia, Michigan 48846
Evaluation 616 5270050 616 5275508
City of Muskegon 4-3-01-- Revised
Mr. Kevin Herbert, Plant Foreman Gerry Burrows, Dist. Mgr.
1900 Beach St. Pull and Overhaul HS Pump # 2
Muskegon, Michigan 49441 500 HP Unit
1-231 7244104
1-231 7590192 Fax 1231 7555290
Includes Two man Crew, Semi Service Truck wt. Driver, Sub-contract ISO ton Crane, Accessory Equipment & Tools.
Mobilize crews and Crane to site. Loosen bolts to overhead I-beam, Exhaust fan & Hatches
Lock out Pump power and controls, disconnect all Flange bolts, motor bolts, adjusting nuts & motor clutch
Disconnect wiring, conduit & power connections (City has_opted in past to have this done by local electrical
contractor due to high voltage) -- City option
Set up crane & counterweights - rig slings ( 90 ton unit with 60' +reach)- remove I-Beam in Hatches
= =
Pull 500 HP motor and set on blocks - motor is not to be overhauled ( Est. Wt. Motor 3,550#, Pump 7,100#)
Pull high service pump & place on flat bed semi truck -- unit to be transported to Mishawaka shop for complete
disassembly & parts list.
Cleanup & place secure cover over sump. Load tools and return to shop.
Shop to repair pump as directed based on parts list and City approvals
Upon completion , return pump to Site. Set up Crane and reset pump and motor.
After installation crew is satisfied with pump alignment - crane will be released ( I -beam is not being replaced,
unless requested by City. Beam is in center of hatches and prevents pump removal.
Finish installation & adjustments.
Electrical hookup, Startup and test.
Final cleanup, paint & grouts. Tear down, load and return any rental equipment.
Return travel
Itemized Estimate Pricing Invoiced Diff.
Green = under , Red = over & added items, Black = Even
Mobilize two man crew with service truck & tools ( one ton ) 4 $135.00 $540.00 $405.00 $135.00
Loosen bolts to overhead I-beam, Exhaust fan & Hatches 6 $135.00 $810.00 $1,687.50 ($877.50)
Lock out Pump power and controls Disconnect all Flange bolts, motor
bolts, adjusting nuts & motor clutch Disconnect wiring, conduit &
power connections (City has opted in past to have this done by local
electrical contractor due to high voltage) -- City option
Mobilize Crew man with Flat bed Semi-truck to Muskegon-- RT & on site 12 $70.00 $840.00 $0.00 $840.00
Mobilize & set up crane & counterweights - rig slings - remove I-Beam 8 $300.00 $2,400.00 $2,550.00 ($150.00)
in Hatches On site to pull motor, pump. Demobilize Crane
Crew : Pull 500 HP motor and set on blocks - motor is not to be 8 $135.00 $1,080.00 $1,653.75 ($573.75)
overhauled Pull high service pump & place on flat bed semi truck --
unit to be transported to Mishawaka shop for complete disassembly
& parts list.Cleanup & place secure cover over sump. Load tools
and return to shop.
Shop to repair pump as directed based on parts list and City 40 $65.00 $2,600.00 $6,142.50 ($3,542.50)
approvals Est. Man hrs.Tear down, parts list - installed new parts
and reassemble
Shop unloading I $0.00 $0.00 $70.00 ($70.00)
Itemized Estimate Pricing Invoiced Diff.
Green = under , Red = over & added items, Black = Even
Machine shop: Work on shafting and components as necessary 14 $95.00 $1,330.00 $3,372.50 ($2,042.50)
Load and transport repaired pump to site ( one man- semi truck ) 12 $70.00 $840.00 $192.50 $647.50
( Rt on site)
Mobilize & set up crane & counterweights - rig slings - 8 $300.00 $2,400.00 $2,400.00 $0.00
Reset pump from semi truck, reset motor . Demobilize Crane
Crew -Install repaired pump, motor & accessories --- Start up 10 $135.00 $1,350.00 $1,620.00 ($270.00)
Demobilize , cleanup and return 6 $135.00 $810.00 $810.00 $0.00
Estimated parts - based on 1995 repairs to Unit #I I $4,100.00 $4,100.00 $6,478.64 ($2,378.64)
Rentals : Hydraulic lift I $650.00 $650.00 $650.00 $0.00
Misc. Hardware, paint, rags etc. I $70.00 $70.00 $70.00 $0.00
Per diem - 2 men --two nights ( 70.00/ man allowed ) 4 $70.00 $280.00 $280.00 $0.00
$20,100.00 ($8,282.39)
Added items after inspection
Sandblast epoxy coated column pipe I $2,971.35 $2,971.35 $3,067.20 ($95.85)
Added stainless steel bolts (set) I $907.50 $907.50 $907.50 $0.00
Unlisted new 26M impeller I $5,467.50 $5,467.50 $5,467.50 $0.00
United Tool and Boring- machine new impeller for collet vs key style I $0.00 $0.00 $1,500.00 ($1,500.00)
Vibration balance of 500 HP motor - Motor was not taken to motor shop I $0.00 $0.00 $1,045.00 ($1,045.00)
Non estimated Electric service from Hall Elecrtric to unhook I $0.00 $0.00 $425.00 ($425.00)
& Rehook high voltage leads
Total $29,446.35 $40,794.59 ($11,348.24)
Note: Insurance above standard limits is not included
Bonding is not included
Overhaul of motor is not included. ( no warranty on motor )
Pump Warranty = I year from date of installation/ startup
Note: Pump is believed to have a seized packing box bearing .
Pump may require new head shaft. •· SS
Job estimate pricing up to shop disassembly was estimated at$ 31,824.99
Additional items + added labor +added machine work on impeller & items listed
above totaled an additional $ 8,969.60
$1,500.00 of this was extra machining of impeller from key to collet- Factory changed design, told us it was
exact same impeller - but they would not credit or allow any credit.
Impeller had a hole in skirt - We believe the original casting was defective.
$ 1045.00 was to balance the 500 hp motor which was not taken to shop. This is motor you were having
the bearing problem prior to service]
$ 95.85 - Missed the epoxy coating on the column pipe .
$ 2378.64 - Difference in estimated based on 1995 pricing x 13.2%
( $ 4,100.00 vs $ 6,478.64)
Shop & Machine shop labor round out the other major catagories as listed above.
, . , Peerless Midwest Inc.
55860 Russell Industrial Parkway I Mishawaka, Indiana 46545 I 219-254-9050 I Fax 219-254 9650
Federal ID# 35-1284374
INVOICE NO. Vendor#
18137
City of Muskegon 10323
soto TO Water Filtration Plant
a+ 1900 Beach St. 11tc.n,~1,;,• l',ICI 30UAYti.1.!Jo/ovc1 ·h..,c vn"""'-'C \ 107D Am~u1-1L
THEREAFTER
IV\ 1 c} l:A<.:H iv1vN ! H
Muskegon, Michigan 49441 Invoice Date ProJ Mgr.
10/31/01 GB
S.O. No. Your Order No.
City of Muskegon 16664
High Service Pump # 2 Tax Exempt? Reason Tax Exempt
SHIPTO ~
Muskegon, Michigan Yes w No D Political Subdivision
Labor Cost Material Cost Tax
DATE ITEM/ DESCRIPTION CREW AMT PRICE TOTAL
Overhaul Of High Service Pump# 2
Worthington SIN 74TU1566-1 - US 500 Hp C523846-729 85-17304
1180 rpm - 26MBW 129568 26M 790 Bowl
4123101 Check load & equipment 2 3 135.00 405.00
4124101 Travel to site, set up, break down motor & accessories, Skylight 2 12.5 135.00 1,687.50
I-beam-- tie off lights
4125101 Pull pump and load on semi trailer - return to shop 2 12.25 135.00 1,653.75
4/26/01 Unload pump in yard 1 1 70.00 70.00
4126101
Thru Shop man hours - tear down, repair and assembly 2 45.5 135.00 6,142.50
8113101 Machine shop hours: 1 35.5 95.00 3,372.50
8113101 Sorting & loading 1 2.75 70.00 192.50
8114101 Travel, shut down road, set pump, I beams, motor and accessories 2 12 135.00 1,620.00
8115101 Start up & check vibration - cleanup - return travel 2 6 135.00 810.00
8130101 Technical crew II TMS Electric to balance motor ( travel included) 2 11 95.00 1,045.00
Motor did not go to motor shop for overhaul
Sub Total - Labor includes extra's 16,998.75
Subcontracts
Hydraulic lift ea 1 650.00 650.00
4125101 Geolock crane service- Pull pump 4-25-01 ea 1 2,550.00 2,550.00
Geologk crane service - reset pump 8-14-01 ea 1 2,400.00 2,400.00
8115101 Requested electrical service - Hall electric ea 1 275.00 275.00
8115101 Requested electrical service - Hall electric ea 150.00 150.00
Pume Parts
Sub contract taper boring of New Impeller from new to old design
United Tool & Engineering ea 1 1,500.00 1,500.00
Per the attache parts tear down sheet
Major items at bottom of page - additions ea 1 15,920.84 15,920.84
COfY
Misc. rags, grease & misc. ea 1 70.00 70.00
Crew per diem ( 2 man @ 70,00 ) ea 2 140.00 280.00
TOTAL AMOUNT OF THIS INVOICE 40,794.59
FILE: 16664
FAX TRANSMISSION
PEERLESS-MIDWEST, INC.
505 APPLE TREE DA.
IONIA, MICHIGAN 48846
616 5270050
FAX: 616 5275508
To: Robert Veneklasen Date: May 14, 2001
Fax#: l-2317555290 Pages: 3, including this cover sheet.
From: Gerry Burrows
Subject: City of Muskegon HS Pump #2
COMMENTS:
Please find the attached pricing sheets for actual parts per the shop tear down list.
Pricing is divided into major and normal pump parts. The two big ticket items in
this list is the impeller and the welding and epoxy coating of the column pipe.
Regarding the impeller -- Surprising to me ! - cost of a new impeller was actually
cheaper than repair of the old unit. We have double checked and factory verified
pricing again this am. I expected the impeller to be double this price or more based
on pricing of other 26" enclosed impellers.
Column pipe 18" - pricing is to sand blast to near white & Primer and epoxy coat to 5 mils
as per pump standards.
I'm advised 6 weeks delivery on the impeller, 4 weeks on all other parts and services.
Note: when you factor out the machine shop labor the$ 6478.64 reduces to$ 5701.74
Which is$ 1606.94 over 1995 pricing before 13.25% wholesale price increases.
We have a order on hold for the listed parts pending any changes or questions you may
have. Please advise your wishes.
Thanks.
Update List 5/11/01
Peerless-Midwest, Inc. Pump Pam Work Sheet Pam list 4/27/01
Job No. Name: Muskegon Date: 5/11/01
Worthington HSPump#2 (22' ofl8" • 2-11/16"CS- Pump Sn# 74TUl566-1
Labor: 26M-790-2 stage BeU end Bowl Pump# H.S.#2
=
Material: UNITS UNIT PRICE TOTAL
= No. ITEMS
H 1 Stuffing Box bearing 1 $114,75 5114.75
E 2 Water slinger
A 3 Set of packing 1 S51.30 551.30
D 4 Airline complete with gauge and fittings -per 100'
5 Pressure gauge, petcock and fittings I $51.30 551.30
6 Set of discharge bolls, outs and gasket 1 $135.00 Sl35.00
7 Stainless steel bead & motorshaft 2 11116" x 94" 1 $715.50 5715.50
8 Complete bead assembly includes 10' ss blank shaft
9
C 10
0 11 (9.71/2') steel llneshaft ( 2 11/16" ) 1 $371.25 5371.25
L 12 (10') steel linesbaft ( 2 11/16" ) 1 $371.25 $371.25
u 13 (5') (stainless) steel linesbaft complete wt. sleeve ( )
M 14 (10') (stainless) steel llneshaft complete wt. SJee,,e ( )
N 15 Machine sbop work on shafting 1 $351.00 $351.00
16 steel shaft couplings ( 211/16" ) 3 $147.15 $441.45
& 17 Stainless steel shaft sUeves for ( 2 11/16" ) shaft 2 $357.75 $715.50
18 Set of Neoprene lineshaft bearing, for ( ) ( ) 1 $591.30 5591.30
s 19 Brome bearing retainers
H 20 Stainless steel sup rings
A 21 5' top column pipe ( 5" )
F 22 10' intermediate column ( S" x 1" )
T 23 5' to 5-1/3/16" Bottom column pipe ( 5" X 1" )
24 5' Top column pipe 460 HS ENGARD COATED
25 10' Intermediate column pipe 460 HS ENGARD COATED
26 5' Bottom column pipe 460 HS ENGARD COATED
27 Gaskets for Column 6 $53,55 $321.29
28
B 29 Bolts and nuts for column I 5186.30 S186.30
0 30 Inter eolumn assembly (spiders) (Cast) ( Bro.,.)-( )
w 31 New Staae Bowl assemblv GPM ""IDH
L 32 Set of bearings fo:r bowl assembly 2 Stage 26M Bowl I $688.50 $688.50
s 33 Set of Bro.,.. wear rings ( 2) I $286.20 5286.20
34 Set of stainless steel collets
& 35
36 MetaU... bubs or impellen
s 37 set of bolts for bowl assembly I $94.50 $94.50
u 38 Stainless steel impeller shaft
C 39 Machine work on impeller shaft
T 40 ( ,,, x 10' } suction pipe
..
I 41 ( ) pipe coupllngs
0 42 Machine impellers, Make W IR, loctlte I 5526.50 $526.50
N 43 Material for wear rings stock sB ( ) ( ) ( )
44 RTH Chlorine
M 4S Sodium Rypercblorile
I 46 Motor overhaul by outside vendor)
s 47 Complete gear drive repair or overhaul
C 48 Grease and Paint I $81.00 581.00
49 Freight on Materials I $384.75 5384.75
50 Sample
TOTAL actual per parts tear down list $6,478.64
Estimate 1995=S 4,093.20 x 6 yn @2.2%=S 4,645.78
Major Additions
l 26 M Brona impellers • - - New I 55,467.50 55,467.50
I 26M Bronze Impeller •··---repaired I N,'8.l.tt N,'113.88
I Stainless steel bolts I 5907.50 5907.50
Sand Blast & Coat flanged column I 52,971.35 $2,971.35
Rlgblited item • impeller repair not added in total
Total aU n•rts as listed wt new im-Uer $15,824.99
Commission Meeting Date: January 22, 2002
Date: January 17, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Creation of HDC Study Committee
SUMMARY OF REQUEST:
The Westwood Group is interested in establishing an historic district for the Boiler
Works building and its vicinity in order to avail the State's historic preservation tax credit
program. For a new historic district establishment, the state statute requires that the
City Commission appoint a study committee to conduct all necessary research and
reports. The committee shall contain a majority of persons who have knowledge or
interest in historic preservation, and shall contain representation from an organized
local historic preservation organizations. The request is to appoint a study committee
mainly to determine whether the Boiler Works should be designated as a historic
district.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends to appoint the following persons, namely: Jon Colburn and Dan
Chambers. Additional persons with knowledge in historic preservation will also be
recruited to serve in the study committee.
COMMITTEE RECOMMENDATION:
None.
1/17/2002
Resolution No. 2002- 09 ( e )
MUSKEGON CITY COMMISSION
RESOLUTION TO APPOINT MEMBERS FOR THE STUDY COMMITTEE TO
PERFORM RESEARCH AND REPORTS AS A REQUIREMENT FOR ESTABLISHING
AN HISTORIC DISTRICT.
WHEREAS, the Boiler Works property is described as parcel number 24-205-317-0009-
00 located on Clay Avenue;
WHEREAS, the Westwood Group, a developer, plans to redevelop the Boiler Works
property for commercial and offices, the supplement of an historic preservation tax credit
will allow them a viable investment in downtown Muskegon;
WHEREAS, the historic preservation tax credit. can only apply to rehabilitation of historic
structures located within an established historic district, the Westwood Group is
requesting to designate the Boiler Works as an historic district;
WHEREAS, under state statute in establishing an historic district (Section 399.203 of
Public Act 169), the local legislative body shall appoint a historic district study
committee, which shall be charged to conduct basic research, inventory, and determine
the historic significance of a resource or resources within a proposed historic district;
WHEREAS, the study committee shall perform the basic research and reports to meet
the requirements of the state statute; and shall be charged to perform one specific
project and then dissolved.
NOW THEREFORE BE IT RESOLVED, that a study committee be created to consider
the specific proposed historic district.
Adopted this 22nd day of January, 2002
Ayes: Larson, Schweifler, Shepherd, Spataro, Gawron
Nays: None
CERTIFICATION
L
I hereby certify that the foregoing constitute a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on January 22, 2002.
By: ___J.~ ~ ~'-:-:-! . . . . = ~ ~ ~ ~1-4...,1
Gail Kundinger, Clerk
S(te Map of the Proposed Boiler Works Historic District
C s e o._MiQbjg,~~~~~
- Double-A-district ~
LJ Boiler-Works I\\\\~ ~
Prepat•dby:
Aann.1'1g Oepartmtnt
City of Muskogon. Ml
January 2002hnw
Fie: pleMing'hdc\boilefWorks.apr
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: January 22, 2002
RE: Public Hearing
Spreading of the Special Assessment Roll on:
Watson, Rodgers & Nelson
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment roll for Watson, Rodgers
& Nelson, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMP ACT:
A total of $80,102.59 would be spread against the twenty-three (23) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2002-10( a)
Resolution Confirming Special Assessment Roll
For Watson, Beach to Nelson; Rodgers, Beach to Nelson & Nelson, Watson to 384.42' N. of
the CL of Rodgers
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Conunission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 27, 2001, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Watson, Beach to Nelson; Rodgers, Beach to Nelson & Nelson, Watson to 384.42' N. of
the CL of Rodgers
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: __S"--c'"""h~w~e_i_f _le~r_,'----'S--h....C.e-"-
ph =e"--r__d""""''---'-S-"-
p~at~a~r_o""""',____
W-'-'
a_ rm
_i_·n_,_g"""t_o_n__,_,_B
_u~i__e'-',---"-
G~a w_r_o_n_,_,----
a_ nd
_ __
Larson
Nays: None
--~----------------- - - -- - - - - - - - - -
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 22, 2002.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being January 22, 2002.
Citu ~uskeg n
By _ µ_~:::::=._::::::.. . .:. . ::_ ~ = ~ ~'4,11-~
Gai l A. Kundinger, Cit y Cl er
MAYOR'S ENIDORSEMENT AND WARRANT
Watson, Eeach to Nelson; Rodgers, Beac!:u to Nelson & Nelson, Watson to 384.42' N. of the
CL of Rodgers
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUS
BY
STEP
EXHIBIT A
MILLAR.ID FROM LAKED DUNES TO WIEST END
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of All properties abutting Millard from Lake Dunes to
West End
!
I
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1524 Nelson, Watson & Rodgers
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11 ~H DAY- oz::
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
200.1.
GAIL A. KUNDINGER, CITY C RK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
d ! ti, DAY OF lknua c;J' , 2002.
~ JJ 14
NOTARY PUBLIC, NIDSKEGON COUNTY, MICHIGAN
!,./,.,Jo. S. foHfr
MY COMMISSION EXPIRES i' - o? u-o .2,
JANUARY 11, 2002
OWNERS NAME
MAILING ADDRESS
CITY. STATE, ZIPCODE
Property Parcel NumberXX-XXX-XXX-XXXX-XXat 1460 NELSON ST
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
Watson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north end;
and Rodgers Avenue from Nelson Street to Beach Street.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 22, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 22, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.
Costs
The final projected cost of the street improvement portion of the project is $275,000 of which $80,102.59
(29.13%)will be paid by special assessment to property owners. If the special assessment is confirmed,
your property will be assessed $XXX.XXbased on XXXfeet assessable front footage $36.35per
assessable foot for the street improvements. In addition, you will be assessed $XXX for driveway
approach and/or sidewalk improvements made to your property for a total special assessment cost of
$XXXX.XX. Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XXX.XX
Due Date: MARCH 22, 2002
No
14
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
//}l"-/:i~ (/44tv(
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6. 00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessors
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
1
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ ,Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _____L.ist information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _.
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ) Land Contract
Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed.
. ~R:«il~PJliiJJ~A·
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. _ __
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ _ __
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
i :,..,.; 1: ; ' ·
- .. ' '
COMMUNITY DEVELOPMENT BLOCK GRANT -
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You niay receiveihis tlpplicatio}, several times -Jfyou have ~l,;gihlyllppli,eq,plefi~e 4lsg"'rd.
Dear Resident:
The City of Muskegon for roadway improvements is specially assessing property owners in your area. City
ordinances require that property owners be responsible for the special assessment for roadwork done to their
property's assessable frontage. To assist homeowners, who may have difficulty paying the costs of the special
assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG)
Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay for
your special assessment to the extent that funds is available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2001, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
65% MEQIA1'1H()l...lSEH01>
Neigh. Services
(231)724-6717
FAX: {231)726-2501 Parcel Number «P_NUM»: at «ADDRESS» «DIR» «STREET»
Computer Info.
Systems NOTICE OF HEARING ON SPECIAL ASSESSMENT
(231)724-6744
FAX: (231)722-4301
Engineering Dept.
Dear Property Owner:
(231)724-6707
FAX: (231)727-6904
The Muskegon City Commission is considering whether or not to create a special
Finance Dept, assessment district which would assess your property for the following paving project:
(231)724-6713
FAX: (231)724-6768
H-1512. ROBERTS. 192' N OF CL OF KEATING TO LAKETON AVE
Fire Department
(231)724-6792
FAX: (231)724-6985
The proposed special assessment district will be located as follows:
Income Tu
(231)724-6770
FAX: (231)724..{i768 All parcels abutting Roberts -192' N of CL of Keating to Laketon Ave
Inspection Services
(231)724-6715 It is proposed that a portion of the above improvement will be paid by special
FAX: (231)728-4371 assessment against properties in the aforementioned district. Following are conditions
Leisure Services of the proposed special assessment which are important to you.
(23 I )724-6704
FAX: (231)724-1196
Public Hearings
Mayor's Office
(231)724-6701
FAX: (231)722-1214 An initial public hearing to consider the creation of a special assessment district will be
Planning/Zoning held at the City of Muskegon City Commission Chambers on «HEARING_DATE» at
(231)724-6702
FAX: (231)724-6790
5:30 P.M. You are encouraged to appear at this hearing, either in perso!'l, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
Police Deptartment
(231)724-6750
special assessment. We are enclosing a Hearing Response Card for you to indicate
FAX: (231)722-5140 your agreement or opposition to the special assessment. This card includes the
Public Works Dept.
property identification and description, assessable footage per City policy, and the
(231)724-4100 estimated cost of the assessment. You may also appear, as above, in lieu of, or in
FAX: (231)722-4188
addition to mailing your response card to the City Clerk. Written objections or
Treasurer's Office
(231)724-6720
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
FAX: (231)724-6768 ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
Water BIiiing Dept.
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
(231)724-6718 OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
FAX: (231)724-6768
Water FIitration
(231)724-4106
<'"il!MBER»
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $171,000.00 of which
approximately 20.42% ($34,924.68) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
.- //JJ!a ~1- () !J_,il1
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please
Return This Card By JANUARY 22, 2002
Project Title: Milling & Resurfacing of Roberts Street,Keating Ave to Laketon Ave
Project Description: All parcels abutting Roberts Street from 192' N of Keating to Laketon
Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1183 E LAKETON AVE
Parcel Number 24-133-100-0008-00
Assessable Frontage: 275 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $4,950.00
Property Description
W 198 FT OF E 231 FT OF S 350 FT OF N 416 FT OF NE 1/4 OF NW 1/4 SEC 33 T10N R16W EXE 51 FT OF N 14.7 FT THEREOF
Your vote COUNTS!
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED •
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature----------- Signature - - - - - - - - - - - -
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following projects:
Roberts St., Keating to Laketon
Black Creek Rd., Sherman to Latimer
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
&
• All parcels abutting Black Creek Rd. from 200' S. of the CL of Olthoff to Latimer
It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON January 22, 2002 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.
PUBLISH: January 12, 2002 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT
HEARING DATE JANUARY 22, 2002 H-1512
Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave
24-133-100-0008-00 GR MUSK HOUSING CORP TR ASSESSABLE FEET: 275
1065 4TH ST COST PER FOOT: $18.00
@ 1183 E LAKETON A MUSKEGON Ml 49441-190 ESTIMATED P.O. COST: I $4,950.00 1
[email protected]
24-133-100-0009-00 NEWKIRK ELECTRIC ASSOC ASSESSABLE FEET: 541.95
1875 ROBERTS ST COST PER FOOT: $18.00
@ 1875 ROBERTS S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $9,755.10 1
[email protected]
24-133-200-0001-00 EARTHGRAINS COMPANY ASSESSABLE FEET: 178
8400 MARYLAND AVE COST PER FOOT: $18.00
@ 1225 E LAKETON A STLOUIS MO 63105 ESTIMATED P.O. COST: I $3,204.00 1
[email protected]
24-133-200-0005-00 LORIN INDUSTRIES ASSESSABLE FEET: 108
1960 ROBERTS ST COST PER FOOT: $18.00
@ 1842 ROBERTS S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $1,944.oo 1
[email protected]
24-133-200-0007-00 KERSCO DIVISION INC ASSESSABLE FEET: 398.25
1960 ROBERTS ST COST PER FOOT: $18.00
@ 1894 ROBERTS S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $7,168.501
[email protected]
24-133-200-0008-00 LORIN INDUSTRIES ASSESSABLE FEET: 322.9
1960 ROBERTS ST COST PER FOOT: $18.00
@ 1960 ROBERTS S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $5,812.20 1
[email protected]
1/7/02 Page 1 of 2
HEARING DATE JANUARY 22, 2002 H-1512
Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave
24-215-014-0001-00 LORIN INDUSTRIES ASSESSABLE FEET: 116.16
1960 ROBERTS ST COST PER FOOT: $18.00
@ 1975 ROBERTS S MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $2,090.aa 1
[email protected]
SUM OF ASSESSABLE FOOTAGE: 1940.26 SUM OF ESTIMATED P.O. COST: $34,924.68 I
TOTAL NUMBER OF ASSESSABLE PARCELS 7
1/7/02 Page 2 of 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
To have your vote count, please City Clerks Office
Return This Card By JANUARY 22, 2002
Project Title: Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave
Project Description: All parcels abutting Roberts Street from 192' N of Keating to Laketon
Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 1975 ROBERTS ST
Parcel Number 24-215-014-0001-00
Assessable Frontage: 116.16 Feet
Estimated Front Foot Cost: $18.00 per Foot
ESTIMATED TOTAL COST $2,090.88
Property Description
THAT PT OF SEC 33 T10N R16W AND CONTINENTAL ADDITION TO THE CITY OF MUSKEGON DESC AS COM AT SW COR LOT 9
BLK 14 SD CONTINENTAL ADDITION, TH NO DEG 23 MIN 21 SEC E 154.8 FT ALG WLY LN SD LOT 9 AS EXTENDED TO PT OF
INTERSECTION OF NLY LN OF LOTS 7 & 8 OF SD BLK AS EXTENDED & ELY LN LOT 8 AS EXTENDED, TH N 89 DEG 56 MIN
05SEC W ALGSD NLY LOT LINES AS EXTENDED 223.06 FT TO ELY R/W LINE VULCAN ST, TH N 0 DEG 47 MIN 35 SEC E ALG E
R/W LINE VULCAN ST AS EXTENDED 199.62 FT TO SLY LINE C&O RR & NLY LN NIMS ST, TH S 89 DEG 09 MIN 02 SEC E 262.78
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
IAMINFAVOR ~ IAMOPPOSED •
o_wner ~j~ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ _ __
Signature Signature - - - - - - - - - - - - -
Address M7S: Kcp-€..f"p St-Qul Address
7
Thank you for taking the time to vote on this important issue.
Date: January 22, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Black Creek Rd. Sherman to Latimer
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Black Creek Rd.,
Sherman to Latimer, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
Commission Meeting Date: January 22, 2002
Date: January 15, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Extension of Construction Time Period- Purchase
Agreement/Former Lakos Property (Muskegon
Hospitality, lncJCity of Muskegon}
SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. The conditions are
included in the attached Amendment Agreement, and include an extension of three
years, at the inclusion of which a new building will be constructed on the site.
Conditions include the requirement that a paved, landscaped parking lot will be
constructed on the site in the interim. If the parking lot is not constructed, in
accordance with requirements of the Engineering and Planning Departments, by May
31, 2002, the original staff recommendation of January 8, will be in effect.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Amendment Agreement and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
AMENDMENT AGREEMENT
2002-11 (a)
THIS AGREEMENT is made, effective January 22, 2002 by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon, Michigan
49440 ("Seller"), and DESIREE ENTERPRISES, INC. of 939 Third Street, Muskegon,
Michigan 49440 ("Buyer"). This agreement constitutes an amendment to a certain Real Estate
Purchase Agreement between the parties dated February 8, 2000, and a Land Contract between
the parties dated March 1, 2000, a memorandum of which was recorded on March 6, 2000, at
Liber 3020 Page817, Muskegon County Register of Deeds. In all other respects the said
agreements shall remain in full force and effect.
1. Extension of Time for Completion of Improvements. The Buyer shall have an
extended period of time within which to construct the improvements contemplated by Section 9
of the Real Estate Purchase Agreement, so that the time for completion shall now be January 15,
2005, or if the parking lot is not completed by the date set forth below (May 31, 2002), then
January 15, 2003. This extension is made on the following conditions. The failure of the Buyer
to observe any one of these conditions shall result in immediate reversion of the property to
Seller as set forth in paragraph 9 of the Real Estate Purchase Agreement and further in thi8
agreement:
1.1 The Buyer shall construct a parking lot on the premises, which shall be
completed, including paving and striping, pursuant to plans which must be
approved by the City (Engineering Department), completion of
construction to be accomplished by May 31, 2002. By the said date, the
parking area shall be constructed and operated, in addition, according to
the provisions following:
1.2 The parking lot shall be landscaped in compliance with a landscaping plan
to be submitted to and approved by the City (Planning Department).
1.3 All zoning ordinance requirements, including variances, if granted, shall
be complied with, including without limitation landscaping, setbacks,
layout, lighting, and any other site plan requirements.
1.4 The entrance(s) and exit(s) for the parking area shall be on the alley.
C;\WINDOWS\TEMP\Lakos.Amendment 3.doc
I
1.5 Maintenance, repairs and cleaning shall be the responsibility of the Buyer
or its successors or assigns.
1. 6 All improvements of the parking area shall be completed and approved by
the City on or before May 31, 2002.
1. 7 In the event the parking area is not thus completed by May 31, 2002,
the property shall revert to the City, unless the Buyer fills the property
with three inches of topsoil and seeds the property for ground cover
acceptable to the City by June 30, 2002, and files with the City on June 30,
2002, its plan and timetable for completion, by January 15, 2003, of all
buildings and improvements. (In that event, the existing fence shall be
removed from its current location to the rear of the property so that it
screens the rear delivery and dumpster areas of the hotel by June 30, 2002.
If it continues to be necessmy or appropriate to maintain an existing fence
on the front of the property, the said existing fence shall be continued in
addition to a new rear screening fence. The City shall determine whether
the front fence shall be continued in place).
1.8 If the parking lot is completed by May 31, 2002, the Buyer shall deposit
with the City a written schedule of the construction activities and
completion of buildings and structures appropriate for commercial uses
permitted on the property, the said schedule to be filed with the City no
later than Janumy 15, 2003. Completion of the said improvements shall be
accomplished by Janumy 15, 2005, and the schedule shall so require.
1.9 Reversion. Continuance of mere parking lot usage or the vacant condition
after seeding without timely submitting the appropriate plan above, or if
submitted, without timely completion, (Janumy 15, 2003 or 2005), shall
result in reversion to the City. Reversion to the City shall mean that
without any further action by the City, the entire title to the property shall
pass to the City without compensation to Buyer for the improvements or
partial improvements made, including without limitation all parking,
lighting, landscaping, infrastructure, ground cover, seeding, planting,
fences or other installations, or for any expense of any kind. This reversion
right of the City is supported by consideration, reflected in the original
purchase price. This reversion right survives delivery of a deed
pursuant to the Land Contract.
2. Recording and Enforcement. The provisions of this agreement shall constitute
mnendments to the Land Contract at paragraph 19 thereof, and the incorporated Real Estate
Purchase Agreement at paragraph 9 thereof. This agreement may be recorded, and shall
constitute record evidence of the City's right to reversion and enforcement of the agreement. The
legal description of the property is:
C:\WINDOWS\TEMP\Lakos.Amendment 3.doc
2
Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
10 and 11; also Lot 12, EXCEPT the Southwesterly 6/l0ths of a
foot, of Block 566 of the Revised Plat of the City of Muskegon.
3. In all other respects the agreements between the parties shall remain in full force
and effect. It is binding on the parties and their successors and assigns.
WITNESSES:
BUYER: DESIREE ENTERPRISES, INC ..
By_ _ _ _ _ _ _ _ _ _ _ _ __
Its _ _ _ _ __
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this dJt;( day of .Jc11·wqrY ,
2002 by Steve Warmington and Gail A. Kundinger, Mayor and Clerk respectively, for and~
behalf of the City of Muskegon.
L/ac/c, S. I?, ffi'.r , Notary Public
Muskegon County, Michigan
My commission expires: ?-;>o=:-o...z..
C:\WJNDOWS\TEMP\Lakos.Amendment 3,doc
3
(248) 395-5251 p.4
Office of Randal s. Toma
Jan 18 02 12:42p - ·- - - ·- - - · ·"'1'10, 904- · P.4/5
JHN,17.2002 4:02PM HOLIDAY INN MUSKEGON
t
i
Real Estate Purchase Agree1\ient at paragraph 9 thereof This agreement may be
recorded, and shall coostitut~ record evidence of the City's right to reversion and
enforcement of the agreemel!t. The legal description of the property is:
Lot 8, EXCEl~T the Easterly four inclles thereof; and ail of
Lot$ 9, 10 anii 11; also Lot 12, EXCEPT the Southwesterly
6/1 0ths of a fi~ot., of Block 566 of the Revised Plat of the
City of Muskogon.
3. In all other res~ects the agreements between the parties shall remain Jn fu.11
force and effect. It is binding ~n the parties and their sUccessors and assigns.
WITNESSES: SELLER: CITY OF MUSKEGON
By_ _ _ _ _ _,.,__ _ _ _ __
Steve Warmington, Mayor
By_______ ,-_ _ _ _ __
Gail A. Kundinger, Clerk
BUYER: DESIREE
ENTE~RJSES, INC ..
u:;
,,__......,,..,,._/
--1-¥"=-:::.,..--
Its...,___ _ _ __
STATE OF l\.1ICHIGAN
COUNTY OF MUSKEGON
i
Th,; foregoing lnstruniepywas acknowledged before me this _ day "f
_ _ ____,, 200 l by Steve 1tannington !Ind Gail A. Kundinger, Mayor and (;Jerk
respectively, for and on behalf-~fthe City of Muskegon.
, Notary
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was aclmowledged before me this _ _ day of _ _ _ __
2002 by _ _ _ _ _ _ _ _ _ - - - - - ~ for and on behalf of Desiree Enterprises, Inc.,
Inc.
, Notary Public
Muskegon County, Michigan
My commission expires: _ _ _ _ _ __
Drafted by and return to: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
C:\WINDOWS\TEMP\lakos.Amendment 3.doc
4
ROLL CAll.1./ ACTION SHiE!ETS
COMMENT
Commnssioiiler Shepherd ✓
Commissioner Spataro s ✓
.,
91)
Mayor Wall"mingt:on ✓ - Au
.
Vice Mayoir Buie ✓ #-
Commissioner Gawron ✓
Commissioner Lairson ✓
Commissioner Sclhweifler M /
Comm§ssion Meeting Date: January 8, 2002
Date: January 2, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department (/3C..,,
RE: Extension of Construction Time Period- Purchase
Agreement/Former l..akos Property (Muskegon
Hospitality, lnc./City of Muskegon)
SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. Although the
extension request is for 24 months, staff recommends that the request be granted for
12-months, in accordance with Section (9) of the Purchase Agreement (through
September 2002).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request from Muskegon Hospitality,
Inc. for an extension for completion of construction, for a period of 12 months,
provided that the following conditions be met: 1) a timeline for building construction
and future use be provided to the City by February 1, 2002, 2) the property be filled
with 3" of topsoil and the property be seeded by May 31, 2002, 3) the existing fence
be moved from it's current location to the rear of the property so that it screens the
rear delivery and dumpster area by May 31, 2002. Further, the buyer must sign an
addendum to the Land Contract and Purchase Agreement agreeing to these terms.
COMMITTEE RECOMMENDATION: None.
i!t -\\~ £),u\! RECEIVED
MuskEGON ,4) HARBOR NOV 2 6 2001
CITY .__ ..
Pil..mNH'IC - - · , w . . .. . . . . I
November 19, 2001
Ms. Cathy Brubaker-Clarke
City Of Muskegon
933 Terrace Street
P. 0. Box 536
Muskegon, Michigan 49443-0536
Dear Ms. Brubaker-Clark,
In response to your letter dated November 9, 2001, I would like to officially
request an extension of our "Agreement" for an extra twenty-four (24)
months. We are still very interested in construction of this property, but due
to the following reasons we have put the project on hold.
First, due to the recent economy, most of our capital expenditures have been
delayed until the economy rebounds. Almost assuredly the plans are for
development in 2002.
Next, we are waiting for the County's plans for the new Convention Center,
here in downtown Muskegon. We would like to adapt our plans for the
needs of the City's guests that are not included in the Convention Center's.
For example if more convention area, display area, or banquet area is
needed, our plans would be to include that in the construction plans.
Thirdly, we would also like to see the development course of the designated
"Smart Zone" in downtown. We have also talked about adding a business
center for our guests in the hotel. This could also have an impact to
determine the plans for construction and development of this property.
Finally, projects for the improvement of Western Avenue are still uncertain.
We would like to be able to possibly enhance some of those still undecided
projects, such as theme, style and conformity. Basically, we do want to
match those pending developments, for the esthetic beauty of downtown.
939 Tu1RO STREET • M uskEGON, M1ct.n G.i..N 49440- 1191
TeLEPIJONE <61 6 > 122- 0 100 • F~ 1616> 122- s 11 s
~, ll~°'9
·~- \ ~
C\-IA•
~ - C}YU'-
MuskEGON 4) HARBOR
Thank you for letting us request this extension. It is in all of our best interest
to give the City the best possible plans of development and we hope together
the Ci of Muskegon becomes a flourishing metropolis we all know it can
Samei Betak
Holiday Inn Muskegon Harbor
939 Tl)1RD STREeT • Mu s kEGON, M1cl)1c..i.N 49440-11 97
Tetep!JONE 1616, r22 - 0100 • F.\X 1616, 722-s11s
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made t="-,.e...__..,._--, ';;;;' , 2000, by and between CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and MUSIHlGON NIGH11B, INC., of 939 Third Street, Muskegon, Michigan 49440
("Buyer"). '"I>"- -s.::riz.,:,;:, ~~?'f'.;I;'S.1t.S , ::i:r-1<....
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property commonly known as 428 W. Western Avenue, Muskegon, Michigan
("Premises"), and specifically described as:
Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
10 and 11; also Lot 12, EXCEPT the Southwesterly 6/lOths of a
foot, of Block 566 of the Revised Plat of the City of Muskegon.
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Thirty Five Thousand Dollars ($35,000), payable as follows:
Fifteen Thousand Dollars ($15,000) shall be paid to Buyer in certified funds at
closing;
The balance of Twenty Thousand Dollars ($20,000) shall be paid in two payments
of Ten Thousand Dollars ($10,000) each, on the anniversary date and the second
anniversary date of the closing. Balances due from time to time shall accrue
interest, compounded monthly, at 6% per annum. Buyer shall execute a Land
Contract in the form attached to this Agreement reflecting the said payment
arrangement (Exhibit A). The Land Contract shall carry the conditions and
indemnity provisions set forth in this Agreement.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
G:\COMMON\5\GTJ\C-RLESnt..AK0S3.PA - 1-
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
5. Personal Property and Fixtures. All personal property and fixtures which Seller
wishes to remove shall be removed on or before Closing. The parties are aware that Buyer
intends to demolish the building. Any personal property which is left on the Premises shall be
the property of Buyer who may dispose of same.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (3 0) days after disclosure, or tendering Buyer's deposit in full
termination of this Agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Purchaser as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
G:\COMMON\5\GTJ\C-RLEST\I.AK0S3.PA -2-
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF BUYER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES BY THE
SELLER. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING .
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
BUYER FURTHER AGREES TO INDEMNIFY AND HOLD THE SELLER HARMLESS FOR
ALL COSTS, ATTORNEY FEES, FINES, PENALTIES OR OTHER EXPENSES WHICH
MAY BE SOUGHT FROM SELLER BY REASON OF THE ENVIRONMENTAL
CONDITION OF THE PREMISES. BUYER ACKNOWLEDGES THAT THE SELLER HAS
NOT PHYSICALLY OCCUPIED, USED, MAINTAINED OR IMPROVED THE PREMISES
SINCE IT RECEIVED THE TITLE IN EXCHANGE FOR A DEBT DUE IT FROM BUYER'S
PREDECESSORS FAR IN EXCESS OF THE MARKET VALUE OF THE PREMISES.
BUYER FURTHER ACKNOWLEDGES THAT THE SELLER IS CONVEYING THE
PREMISES FOR A PRICE SUBSTANTIALLY LESS THAN THE APPRAISED VALUE,
AND THE AGREEMENT TO INDEMNIFY AND HOLD SELLER HARMLESS, TOGETHER
WITH OTHER AGREEMENTS FOUND IN THIS CONTRACT, IS PART OF THE
CONSIDERATION AS A RESULT.
9. Condition: To Construct Improvements. Buyer acknowledges that, as part of
the consideration inuring to the City, and as a condition of this sale, Buyer shall construct on the
premises a building and all improvements within eighteen (18) months of the closing of this
transaction. The building and all improvements shall be qualified for the issuance by the City of
a Certificate of Occupancy or Compliance by that time and, in the event that has not occurred,
the property and all improvements then installed shall revert in title to the City, without any
compensation or credit to Buyer. In the event the said completion date cannot be met by Buyer
for reasons beyond the control of Buyer, such as environmental or governmental regulatory
orders which actually delay construction (not caused by buyer), Buyer may request, in writing, at
least thirty (30), but no more than sixty (60), days before the end of the said eighteen month
period, an extension ohime for said completion, giving the reasons therefor and seeking an
extension for no longer than 12 additional months, (for a total ofno more than 30 months). The
city shall not unreasonably refuse the request. The covenants in this paragraph shall survive the
closing and run with the land.
As further condition of this Agreement, and subject to the reversion above, Buyer
shall construct the said building and all improvements having the following structural and
appearance characteristics:
9. I The building shall have a height equal to the prevailing height of
neighboring buildings, to be at least twenty feet at the front building
line.
G:\COMMON\5\GTJ\C-RLEST\LAKOS3.PA -3-
9 .2 The building shall have a front building line at the same depth as
neighboring buildings.
9 .3 The building presently on the premises shall be demolished and legally
disposed of within 150 days after the closing.
10.. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be on or before - - - - - ~
2000 ("Closing"). The Closing shall be conducted at the closing office ofTransnation Title
Insurance Company in Muskegon, Michigan. If necessary, the parties shall execute an IRS
closing report at the Closing.
12. Delivery of Land Contract. Seller shall execute and deliver the Land Contract
(Exhibit A) to Buyer at Closing.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the warranty deed to be delivered at Closing, and, as stated above, the title
insurance premium.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
G:\COMMON\5\GTJ\C-RLESnt.AK0S3.PA -4-
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement; No other Agreement. This Agreement
and the Land Contract shall not be amended except by a writing signed by Seller and
Buyer. There is no other agreement, express or implied, between the parties except this
one and the Land Contract which will be signed at closing.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
SELLER: CITY OF MUSKEGON
N-n-wz--.) ~
By 0'1t:i.J_~
Fred J::;en, May r
~ Io-b£c By~O.Gail A. Kundinger, Clerk
TID No. _ _ _ _ _ _ _ _ _ _ __
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
G:\COMMON\5\GT J\C-RLEST\LAKOS3.PA -5-
~i-l~~ru\:
i)
Musl bE•Eic:hE-?!:::. -E:ncl EUt'"t-ound:i.r·,1.:.:i arc.•a'.:"~;~i tni:IY involve~ SDfTII:-?
sand distrit1uti • ri inv • lv:i.1·ig tt1e use • i: ec1uipme11t suet, as
dump tt··u1:k tr···actu1-- c~tc .
3 .. Mows arid t1ri1n!; g1·ass, tr·eeia and shrlJtJs in beach areas,
11sing var:i. • 1Js hand and power tools and mowers,, Seeds and
~e1·tili2es grass areas, weecls ·Flower an~ shrub areas.
Rahes and l-1auls leaves using rakes arid lea·F blowers, mo·,es
di1·t and rocks as directed,,
4. Per·Fo1rms c1.tst • dial duties in and around public restrooms,
such as repler1ishmer1t •~ supplie5;, callectir1(~ and hauling
c::;_1 i:":\ r b ,::\ q ·0:,) •
5~ Utilizes var·ious basic car~)en·try arid 111ec:hanical skills iri
the cor1struction C)~ r1ew, ancj existing park buildings
an1J ·Facilities ·F • 1·· ~1,1ir~1oses o·f= restoration and
niair1·ter1ance !5uct1 as lock and wirid!JW repair, painting etc.
6~ Pick~ iJp litter +roni rigt1ts-oi=-·way in and arou11d t1each
f71t""E as.
1
7. Per~orm!5 1t1ir11Jt· r·epair and v·outir1e 1naintenance or, equipn1er·1t
involving tur1e--ups, greasir1g, 1Jilir1g, sharpening mower
blades etc., as assigned or, a ~1erodic basis"
8. May c1perate a vehicle, running errands, obtaining or
deliverir1g various supplies arid/or materials.
u 1··,iE:i.Y pc:·1·.. +=(J?"·rn ut !·ier· :·. E::- l Ei.t:.E~d mEi.i. ntc:'n-:::,ncF: liut i c:-~:1 on 1-;1n
nE•F clc;d
1 bi::!!~:.i~:; duE: to r::>icc::;!::;iv1:::~ ,,,11::ir·f:: l(Ji.:1d!::,:, tE·mpur··ar-y
1~bsenses or e,no1rg0r1cies. May operate additi1Jnal pieces of
c:,quipmc:·nt EJ~:::. t::1i~;~:;:lq1··rc~c:!~
int:.E;'nclc-:~d to dE:·scr·ibF.• thE! 9enr:~r·al
··1·1·-·11:::1 :::1bci\/E~ !::;ti::itE:mcJ1·1t'.:; a1···1-2
bc·inq pE:•i--for·mE~d by p{-:-?oplE~ -E1'.~1s:.:i.qr ..,r:id
1·i.:::ttt.:.1. ·t-:; <:":\ncl lt-::~\/C•l r:::.-r i JD1···J.-:
1
"!::..1·1:f.~::. c:1a.~~;:::;:i.·Fic:dt:lt1n,, ·f"hE1 y a1···c, nut to he· con~5t:r1...1.E-::-d c:i;::i .·:.'.n
exhaL1stiv2 list o·F all .Job dutie!i ~Jet··Formed by per·s1Jnn2l ri •
C 1 ,·::i. 1::1 :::; i -F :i. E· cl ,,
EdL1cat_io0: P1Jssessi • r1 c,·F a t1i9h school dipl(1ma t)r· its
i::0q1.Jiv,::;i.Jp,1··1t :!_;:::. clE~sit~r:-d,,
F_):_p_;:_;v·1c!nc:;~\:: !''lus:;t be::~ t:£-::-~pr-:-1r···:i.(:!ncE'.c.l ir1 ·t.:hc-c> ClpE!r·t:,t.icJr\ u·l: t1··,::tctor1::; 11
·Fr·or1·t eJ1CDC'-'-'_
-/ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Proposal For The
City Of Muskegon
December 4, 2001
QUOTATION SUMMARY
The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
basis for the following job classifications Gob descriptions are attached):
City Referral: Bidder Referral:
% of Entry % of Entry
Classification Level Hourly Rate* Level Hourly Rate**
1. Account Clerk
(25 requisitions in 2001) 1.30 1.345
(21 requisitions in 2000)
(15 requisitions in 1999)
2. Administrative Secretary 1.295 1.34
(11 requisitions in 2001)
(10 requisitions in 2000)
( 3 requisitions in 1999)
The City of Muskegon also is seeking bids for temporary employment services for summer help
for the following job classifications Gob descriptions are attached):
City Referral: Bidder Referral:
% of Entry % of Entry
Classification Level Hourly Rate* Level Hourly Rate**
)
1. Seasonal Laborer 1.34 1.37
(1 0 positions in 2001; 7 positions in 2000)
2. Seasonal Maintenance Worker 1.33 1.36
(38 positions in 2001; 42 positions in 2000)
3. Seasonal Leisure Services Maintenance
Worker 1. 33 1.36
(3 positions in 2001; 4 positions in 2000)
4. Seasonal Beach Maintenance Worker 1. 56 1.56
{1 position in 2000; 1 position in 2001)
Bids also are sought for classifications not listed above. Bids should be expressed as a
percentage of the City's entry-level hourly rate for a classification.
1. Where the City refers a candidate to
the vendor for employment: 1. 32
2. Where the bidder provides an employee
through its own resources: 1.35
*City identifies and refers an employee to the bidder for employment.
**Bidder provides an employee through its own resources.
***See attached Preferred Pricing sheet
CERTIFICATION OF QUOTATION
I certify that this quote is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a quotation for the same materials, supplies,
equipment, or service.
I certify that this quote meets or exceeds all of the specifications contained herein, and is
in all respects fair and without collusion or fraud.
I understand collusive quoting is a violation of state and federal law and can result in fines,
prison sentences, and civil damage awards.
I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.
Bidder Name MANPOWER
Address 20 W. Muskegon Avenue
)
Muskegon, Michigan 49440-1317
Signature
Printed Name Annette W. Jack
Title District Mana er
Date Certified December 4, 2001
)
PROPOSAL PREPARED FOR:
THE CITY OF MUSKEGON
Attention: Karen Scholle,
Civil Service Personnel Director
PROPOSAL REFERENCE: TEMPORARY
EMPLOYMENT SERVICES QUOTATION
PROPOSAL DUE: DECEMBER 4, 2001 @ 2:00PM
SUBMITTED BY:
WISE SERVICES, INC.
600 S. BEACON BLVD., STE. C
GRAND HA VEN, MI 49417
TEL: (616) 842-2996
FAX: (616) 842-2239
QUOTATION SUMMARY
The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
basis for the following job classifications 0ob descriptions are attached):
Classification Citv Referral: Overtime Bidder Referral: Overtime
%ofEnfN % ofEntN
Level Hourly Rate• Level Hour Rate**
1 Account Clerk 28% 26% 31% 29%
(25 requisitions in 2001)
(21 requisitions in 2000)
(15 requisitions in 1999)
2 Administrative Secretary
(11 requisitions in 2001)
(1 o requisitions in 2000)
(2 requisitions in 1999)
The City of Muskegon also is seeking bids for temporary employment services for summer help
for the following job classifications Gob descriptions are attached):
Classification Citv Referral: Overtime Bidder Referral: Overtime
% of Entr:t. %ofEntN
Level Hourly Rate* Level Hour Rate**
1 Seasonal Laborer 28% 26% 31% 29%
(10 positions in 2001; 7 positions in 2000)
2 Seasonal Maintenance Worker 28% 26% 31% 29%
(38 positions in 2001;
42 positions in 2000)
3 Seasonal Leisure Services Maintenance 28% 26% 31% 29%
Worker
(3 positions in 2001; 4 positions in 2000)
4 Seasonal Beach Maintenance Worker 28% 26% 31% 29%
(1 position in 2000; 1 position in 2001)
Bids also are sought for classifications not listed above. Bids should be expressed as a
percentage of the City's entry-level hourly rate for a classification.
1 Where the City refers a candidate lo 28% 26% 31% 29%
the vendor for employment
2 Where the bidder provides an employee 28% 26% 31% 29%
through its own resources
*City identifies and refers an employee to the bidder for employment.
•• Bidder provides an employee through its own resources.
Addendum to Quotation Summary:
If required by the City of Muskegon, any other specialty, technical or professional job
orders will receive the following discounted rate: 10% flat rate.
Classifications:
Department Managers
Department Supervisors
Executives
Engineers
Percent of flat annual fee:
Ten (10) % discounted rate.
CERTIFICATION OF QUOTATION
I certify that this quote is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a quotation for the same materials, supplies,
equipment, or service.
I certify that this quote meets or exceeds all of the specifications contained herein, and is
in all respects fair and without collusion or fraud.
I understand collusive quoting is a violation of state and federal law and can result in fines,
prison sentences, and civil damage awards.
I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.
Bidder Name._W.LL!,1=S,,,.E--=S=E=R.C..,,V-'--'l'-"C"-£-CC$'--'-'~I,,_N'-"-"'G-'-._ _ _ _ _ _ _ _ _ __
Signature,_,L_/{n-+4.,,_,{/"",_,J'-'-"'uk'.M""""'"-"jru""""'J-'------·_,_fl/=f=5_ _ _ _ _ _ _ _ _ __
Printed Name,_ _,AN-".!.:.W-"-'=~'-"-w"-'-A_,,_R.,,_,TD=UI_,___ _ _ _ _ _ _ _ _ _ _ __
Title PRESIDENT
Date Certified, _ ___,,\)""E=.:C::..:c::...,t'-\_,.,,,~,.,,t:"-'R.=-3='-,_200-=--cc.cl'---------------
SERVICES
Service Agreement
The following serves as an elaboration of the agreement for contingent staffing between Kelly Services
Inc. and The City of Muskegon:
Kelly Services will provide safety equipment mandated for its employees while on assignment
at The City of Muskegon. The issue and expense of this equipment will be the responsibility
of Kelly Services. Included equipment:
Hard Hats
Hearing protection
Safety Glasses
Steel Toed shoes/boots
Protective Gloves
Rain Poncho
Kelly Services Inc. will perform drug screens on all non-clerical employees. Additionally,
Kelly Services will perform applicable county criminal and driving record background checks
on all employees assigned to The City of Muskegon. The fore-mentioned services will be
performed at no charge. Additional driving record verification will be accomplished with the
assistance of the City of Muskegon.
End users for the City of Muskegon have the opportunity to review credentials and confirm
the ability of the referred candidate's ability to accomplish the essential functions of position
for which they will be assigned.
For service deliverables, applicable waivers, insurance coverage and additional details,
th
please refer to Kelly Services' Proposal dated December 4 , 2001. The Proposal is
incorporated into this Service Agreement. Certain provisions originally presented by Kelly
with the proposal have been deleted, former1y found in the "Attachment 3". They include the
"Motor Vehicle Driver Release and Indemnification", and the "Powered Vehicle Driver
Release and Indemnification". A revised "Motor Vehicle Release", as negotiated by the
parties, has been substituted and inserted as the new "Attachment 3".
Gail A. Kundinger, Clerk
February 22. 2002
Date
I
KELLY
SERVICES
Revised Motor Vehicle Driver Release
To: City of Muskegon
933 Terrace Street
PO Box536
Muskegon, Ml 49443-0536
From: Kelly Services, Inc.
999 W. Big Beaver Rd.
Troy, Ml 48084
For your protection, and in order to provide you with better service, all of the Kelly
temporary employees assigned to you are covered under our Workers'
Compensation policy, our Fidelity Bond policy to the extent of $3,000,000 and
also under our Liability and Property Damage policy to the extent of $16,000,000.
However, our rates for service do not include, nor can we accept responsibility
for obtaining primary vehicular liability or physical damage insurance protecting
against accidents which might occur as a result of Kelly employees driving
licensed vehicles (owned or non-owned) while said employees are on
assignment to you.
It is our understanding that your vehicular insurance will be primary insurance for
both you and us in the event of any claims arising as stated above, and that your
limits of liability are not less than $1,000,000/$2,000,000 Bodily Injury and
$1,000,000 Property Damage. The said insurance coverage shall only apply if
the City or Kelly is determined to be liable as the result of an occurrence caused
by the Kelly employee driving a City vehicle or his/her own vehicle in the course
of his/her employment during and relating to assignment to the City under this
agreement. It does not cover the employee, and will not be construed as
personal insurance for the employee. In the event coverage for the employee is
determined by a court or tribunal with jurisdiction, the said coverage shall be
excess to the employee's personal coverage.
The City's "insurance" is carried in the form of a contract with the Michigan
Municipal Risk Management Authority, (MMRMA), and carries a significant
retainage (deductible). Currently the retainage is $75,000.00 per incident, and
A:\A24821.DOC
10,000,000.00 per claim. In the event payment from the retainage satisfies the
City's liability exposure, pro rata satisfaction of Kelly's joint liability exposure by
the same payment may occur. Notwithstanding, no part of the retainage shall be
available to cover Kelly's separate liability which may arise from any claim to the
extent such amount is not applicable or required to pay obligations arising from
the City's liability on behalf of the City, or there is a claim based on and seeking
separate (non-joint) liability exposure and payment by Kelly. Kelly shall be
responsible for any required payment which is not within the amounts covered
beyond the retainage by MMRMA, and arises out of Kelly's liability, if any. It is
the intention of the parties that Kelly is added to the City's coverage only to the
extent that the proceeds of the MMRMA contract outside the retainage are
available to pay for relevant liability - based obligations of Kelly.
In no case shall the City indemnify Kelly for any liability. The providing of
coverage under the MMRMA contract does· not imply any indemnity undertaking
by the City.
aul J. etersen - District Manager
Kelly Services, Inc. - Grand Rapids
~/Jc) = -
~,Mayo~
Gail A. Kundinger, Clerh
February 22, 2002
Date
A:IA24821.DOC
Date: January 22, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Building Demo. For Shoreline Dr. East
SUMMARY OF REQUEST:
The contract to demolish five structures at the following locations to H & M Demolition
Companies out of Holland;
• Rag & Metal (10 W. Western)
• Captain Hook (685 Ottawa)
• Arts Mall (634 Ottawa)
• Plasma Center (701 Cedar)
H & M were the lowest (see attached bid tabulation) responsive and responsible bidder
with a bid price of $51, 250.
FINANCIAL IMPACT:
The demolishing cost of $51,250.
BUDGET ACTION REQUIRED:
The cost will be from the budgeted amount for Shoreline Dr.
STAFF RECOMMENDATION:
Award the contract to H & M Demolition Companies.
COMMITTEE RECOMMENDATION:
B229 - SHORELINE DRIVE EAST BUILDING DEMOLITION
BID TABULATION
H&M DIVERSIFIED MACKENZIE ENV SPECIALIZED FRANKLIN
ITEM DESCRIPTION DEMOLITION CONTRACTORS SERVICES DEMOLITION CONTRACTORS MELCHING
AMOUNT
1 Muskegon Rag & Metal $18,700.00 $25,000.00 $67,553.20 $36,558.00 $49,500.00 $35,000.00
2 Captain Hook's $12,600.00 $31,300.00 $26,951.10 $11,500.00 $24,600.00 $15,000.00
3 Art Mall/St. Dennis Art $10,000.00 $12,500.00 $16,300.90 $12,500.00 $16,500.00 $15,000.00
SUBTOTAL $41,300.00 $68,800.00 $110,805.20 $60,558.00 $90,600.00 $65,000.00
4 Plasma Center (Portion) $9,950.00 $30,999.00 $64,462.20 $16,000.00 $14,500.00 $18,000.00
GRAND TOTAL $51,250.00 $99,799.00 $175,267.40 $76,558.00 $105,100.00 $83,000.00
1/15/02 3:08 PM SHORELINE DRIVE EAST BLDG DEMO BID TABULATION.xlsSheet1
DATE: January 10, 2002
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 01-043 Address: 432
Monroe
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
432 Monroe is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: #01-43, 432 Monroe, Muskegon, Ml
Location and ownership: This structure is located on Monroe Avenue between
Sixth and Seventh Streets. It is owned by Bruce Welch who lives in it with his
family.
Staff Correspondence: A dangerous building inspection was conducted on
8/22/01 and a notice and order to repair was issued 9/10/01. This was issued to
Daniel Heller along with the notice of the HBA hearing on 10/18/01. At this time
Bruce Welch informed the Inspection Department that he was the new owner. At
the November HBA meeting Mr. Welch was given 30 days to schedule an interior
inspection, apply for permits, and commence with repairs or the case would be
forwarded to the City Commission. An interior inspection was conducted
11/14/01. On 12/1/01 a police report was taken at the residence when they were
called to act as a peace officer. At this time the officer noted numerous safety
issues, unsanitary conditions, and young children living there.
Owner Contact: This office had contact with Mr. Welch in November.
Children's Protective Services is involved due to the unsafe and unsanitary
conditions found. No further contact has been made with Mr. Welch since that
time. No contact has been made by Mr. Heller with this office during the
dangerous building process.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $15,400
Estimated cost to repair: $40,000
1':\!nspcctio11s\Grabi11ski_Lorrainc\Word\CC MEETINGS\AGENDA -432 Monroe.doc page I of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 22, 2002.
f-:\Inspi:ctions\Grabinski_l,orraine\Word\CC MEETINGS\AGENDA - 432 Monroe.doc page 2 of2
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NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: January 9, 2002
432 Monroe
(Address of Property)
TO: All owners and interested parties:
Bruce Welch, 432 Monroe, Muskegon, Ml 49441
(Name of Owner)
None
(Other interested parties)
On November 1, 2002, the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on January 22, 2002, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on January 22,
2002, at the Muskegon City Hall, 933 Te1rnce Street, Muskegon, Michigan, with counsel, if you
desire, to present any revelent evidence and arguments concerning the decision to demolish the
above structures.
F:\INSPECTIONSIGRABINSl