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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 26, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
a. Proclamation for Jim Meechum. COMMUNITY RELATIONS
COMMITTEE
b. Proclamation for Mark Grimmette. COMMUNITY RELATIONS
COMMITTEE
□ PRESENTATION:
□ CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Disband the Tax Increment Finance Authority. COMMUNITY
RELATIONS COMMITTEE
c. Tax Increment Finance Authority Responsibilities assigned to
Downtown Development Authority. COMMUNITY RELATIONS
COMMITTEE
d. Policy for Procedure for Acquisition and Disposition of
Residential Properties., Land Reutilization Committee.
COMMUNITY RELATIONS COMMITTEE
e. Leisure Services Board Change. COMMUNITY RELATIONS
COMMITTEE
f. Appointments to Various Committees/Board - LDFA.
COMMUNITY RELATIONS COMMITTEE
g. Groundwater Ordinance Amendment, Admiral Petroleum.
PLANNING &ECONOMIC DEVELOPMENT
h. Groundwater Ordinance Amendment. PLANNING &
ECONOMIC DEVELOPMENT
i. SECOND READING. Rezoning request for property located at
565 Mulder Avenue and 557 Mclaren Street. PLANNING &
ECONOMIC DEVELOPMENT
j. Municipal Tractor Purchase. PUBLIC WORKS
k. 2002. 2003 and 2004 Street Sweeping Contract. PUBLIC
WORKS
I. Umpire Contract. LEISURE SERVICES
m. Request for Permission to Apply for 2002 USFA Grant. FIRE
n. Amendment to the PILOT Ordinance. PLANNING &
ECONOMIC DEVELOPMENT
o. Great Lakes Naval Memorial and Museum Request. LEISURE
SERVICES
p. Consideration of Bids. Terrace Street from Irwin to Iona.
ENGINEERING
q. City MDOT Agreement for US-31 BR from Southern to Sherman.
ENGINEERING
o PUBLIC HEARINGS:
a. Create Special Assessment District for Southern. Division to
Seaway Drive. ENGINEERING
b. Create a Special Assessment District for Leon Street • Crozier
to Harrison. ENGINEERING
c. Create a Special Assessment District for Ridge Street. Glenside
Blvd. To Cumberland Street. ENGINEERING
d. 2002-2003 CDBG/HOME recommendation and City
Commission Preliminary decision. COMMUNITY AND
NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. Liquor License Request. Fricano's Muskegon Lake. L.L.C. CITY
CLERK
b. Update of City's Financial Policies. FINANCE
c. Approval of Contract for Payments in Lieu of Taxes for
Hackley Glen Redevelopment. PLANNING & ECONOMIC
DEVELOPMENT
d. Acquisition of Downtown Parking. PLANNING & ECONOMIC
DEVELOPMENT
e. Vacation of a portion of Terrace Street. PLANNING &
ECONOMIC DEVELOPMENT
f. Disclosure of Potential Conflict of Interest Under CDBG
Community Development Grant Program. COMMUNITY AND
NEIGHBORHOODS SERVICES
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• 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 10 minutes if previously registered with City Clerk.)
o CLOSED SESSION: To discuss pending litigation.
• 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: March 26, 2002
To: Honorable Mayor and City Commission
From: Community Relations Committee
RE: Proclamation for Jim Meechum
SUMMARY OF REQUEST: To adopt a proclamation recognizing Mr.
Jim Meechum for his contributions in lighting the downtown during the
holiday season.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:.To adopt the Proclamation.
COMMITTEE RECOMMENDATION: Adopt the Proclamation.
WHEREAS, the City of Muskegon pauses to honor Mr. Jim Meechum from JMT Tree Service in Grand
Haven, for the donation of his time to put the Christmas Tree Lights up in the trees in
downtown Muskegon; and
WHEREAS, the City of Muskegon recognizes and acknowledges the effort and hard work of Mr. Jim
Meechum to make our city so beautiful during the holiday season, and
WHEREAS, the City of Muskegon commends Mr. Jim Meechum for contributing to the overall positive
and pleasing appearance and image of our city, and
WHEREAS, the City of Muskegon is proud of your accomplishments and is thankful to have you
involved in our community. Your contribution made a lasting impression on many visitors
and residents during the holiday season.
NOW, THEREFORE, BE IT RESOLVED, that I, Steve Warmington, Mayor of the City of Muskegon
and speaking on behalf of the City Commission and citizens of Muskegon, do hereby set aside March 26,
2002 to recognize Jim Meechum for his contributions to the city and community.
IN WITNESS WHEREOF we hereunto set our hands and cause
the seal of the City to be affixed this 26th day of March, 2002.
Steve Warmington, Mayor Stephen Gawron, Commissioner
Karen Buie, Vice Mayor Bill Larson, Commissioner
Robert Schweifler, Commissioner
Clara Shepherd, Commissioner
Lawrence Spataro, Commissioner
Date: March 26 2002
To: Honorable Mayor and City Commission
From: Community Relations Committee
RE: Resolution recognizing Mark Grimmette
SUMMARY OF REQUEST: To recognize Mark Grimmette and his
accomplishments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:.To approve the Proclamation
recognizing Mark Grimmette. The Mayor will present the Proclamation
to Mark on March 29th at Reeths-Puffer High School between 9:30 am
and 10:15 am.
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
February 28, 2002
Hearing; Case 2002-9: Request to rezone property located at 557 McLaren St. and 565
Mulder Ave. from R-1, Single-Family Residential and OSR, Open Space Recreation to either
RT, Two-Family Residential or RM-1, Low Density Multiple-Family Residential, by Finlay
Properties, Inc.
BACKGROUND
Applicant: Finlay Properties, Inc./City of Muskegon
Address/Location of Subject Property: 557 McLaren St. and 565 Mulder Ave.
Current Use: Vacant
Current Zoning: R-1, Single-Family Residential
Proposed Zoning: RT, Two-Family Residential or RM-1, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
I. The subject properties are located on both sides of McLaren St., where McLai-en dead-ends into
Wesley Ave. The properties are currently owned by the City of Muskegon and are both
currently zoned R-1, Single-Family Residential.
2. The subject properties are made up of several smaller lots which have been combined into two
larger parcels. The properties are located in the Jackson Hill neighborhood, adjacent to Smith-
Ryerson Park. The properties contain wooded area and are sloped in some places. Currently
pmiions of the properties are used as an illegal dump site for furniture, tires and other items.
3. As part of the Jackson Hill Marketing Strategy adopted by the City Commission in 1999, staff
looked at various possibilities for the larger pieces of property that the City owned in the
neighborhood. Staff noted that there are currently no multi-family housing opportunities within
Jackson Hill, although there are several complexes in adjacent neighborhoods.
4. At a meeting held with neighborhood residents in 1999, many residents indicated an interest in
being able to stay in their neighborhood once they felt they were no longer able to keep and
maintain their homes. They were interested in seeing senior living oppmiunities developed
within the neighborhood.
5. The Future Land Use Map currently shows the subject property to be "Single & Two-Family
Residential", with a portion (directly adjacent to the park) shown as "Public/Quasi-Public".
6. The Master Land Use Plan states:
• A majority of the area is single-family residential, supplemented by small pockets of
industrial, several segments of strip commercial, and multiple-family.
City of Muskegon Planning Commission - 2/28/02 1
• It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while
setting aside small segments suitable for commercial and industrial uses in a highly
compatible, non-threatening fashion.
• Sub-Area 12 has the highest concentration of homes experiencing significant site
deterioration. A variety of schools and churches arc interspersed tln·oughout and
compliment the residential flavor of the area.
7. Sub-Area Issues:
• A large nnmber of residential blocks exhibit poor housing and/or poor site condition.
8. The Master Plan recommends for this sub-area:
• Housing rehabilitation efforts should be focused in Sub-Area 12.
9. Staff has been working with Finlay Properties for several months on potential development
ideas for the subject prope1ties. Finlay has met with the neighborhood association, and from
discussion at that meeting, has decided to focus on a senior housing development.
10. Finlay Properties is proposing a senior housing development, comprised of 40, single-story
units, arrm1ged in either tri-plexes or four-plexes, with one garage per unit.
11. Even if this development were to fall through, the City does own the prope1ty, and has more
oversight on what type of development will go there than for other, privately-owned properties.
The neighborhood has indicated that they would like to have more of a variety of housing
opportunities within their neighborhood. The subject properties are sufficient in size and
configuration to support a small, well-designed multiple-family development.
12. Staff noticed this request as for a rezoning to either RT or RM-I. Either zoning would allow the
proposed project to proceed. Rezoning to RT would require the use of a PUD, whereas the
density requirements in the RM-I zoning would allow the project without the use ofa PUD.
Finlay Properties did not have any objections to either zoning option.
13. Staff has had two phone calls concerning this case. The first caller spoke to Hope, asked for
information, and was hoping that the City was interested in buying her prope1ty. She did not
leave a nmne or address. The second call was from Selby Walsh, 536 McLaren. Mr. Walsh
indicated that he was concerned about the possibility oflow-income housing on the prope1ty,
and the impact that it would have on the neighborhood. He said that the area is nice m1d quiet
now and he would not like to see anyone causing any trouble there.
ORDINANCE EXCERPTS
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize
that the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently
urbanized communities, and the standards in Section 2100 reflect residential development standards that the citizens of
Muskegon find to be compatible.
City of Muskegon Planning Commission - 2/28/02 2
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this
Ordinance;
I. One Family detached dwellings.
2. Home occupation of a non-industrial nature may be permitted subject to the following:
3. Congregate living facility for not more than two persons, provided that such facility shall be at least
one thousand five hundred (1,500) feet from any other similar facility.
4. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses
Pennitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
6. Private recreational areas, and institutional recreational centers when not operated for profit, and
nonprofit swimming pool clubs, all subject to the following conditions:
7. Colleges, universities, and other such institutions of higher learning, public and private, offering
courses in general, technical, or religious education not operated for profit, all subject to the following
conditions:
8. Churches and other facilities normally incidental thereto subject to the following conditions:
9. Elementary, intermediate, and/or secondary schools offering courses in general education, provided
such uses are set back thirty (30) feet from any lot in a residential zone.
I0. Cemeteries.
11. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
12. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99):
13. Uses similar to the above Special Land Uses Permitted.
City of Muskegon Planning Commission - 2/28/02 3
14. Restricted parking areas subject to provisions of Section 2327.1.
SECTION 402: [RESERVED] [Amended 8/01]
SECTION 403: PLANNED UNIT DEVELOMENT OPTION
Planned unit developments (PUDs) may be allowed by the Planning Commission under the procedural guidelines of
Section 2101. The intent of Planned Unit Developments in the single family residential district is to allow for
flexibility in the design of housing developments, including but not limited to condominium developments and cluster
subdivisions, to allow for the preservation of open space; allow for economies in the provision of utilities and public
services; provide recreational opportunities; and protect important natural features from the adverse impacts of
development.
I. Determination: The Planning Commission, in reviewing and approving a proposed PUD may allow lots
within the PUD to be reduced in area and width and setbacks below the minimum normally required by this
ordinance in return for common open space where it is determined that the benefits of the cluster approach will
decrease development costs, increase recreational oppmtunities, or prevent the loss of natural features. The
Planning Commission, in its determination, shall consider the densities permitted in the Zoning Ordinance and,
if applicable, the land's capability to bear the higher density.
2. Basic Requirements:
a. The net residential acreage including improvements and occupied land shall be calculated by taking
the total area of the tract and subtracting, in order) the following:
1) Portions of the parcel(s) shown to be in a floodplain.
2) Portions of the parcel(s) which are unsuitable for development in their natural state due to
topographical, drainage or subsoil conditions such as, but not limited to; slopes greater than
15%; organic, poorly drained soils, and wetlands.
3) Portions of the parcel(s) covered by surface waters.
4) Portions of the tract utilized for storm water management facilities.
b. Undevelopable areas may be used for common open and recreational areas.
c. No building shall be sited on slopes steeper than 15%, within I 00 feet of any ordinary high water
mark, wetland, or on soil classified as being very poorly drained.
3. Density determination: To determine the maximum number of dwelling units permitted on the parcel(s) of
land, the net residential acreage shall be divided by the minimum lot size required by the zoning ordinance.
4. Open space requirement:, At least 15% of the site shall be set aside as dedicated common open space. At least
one third (1/3) of the common open space shall be usable open space. The open space and access to it shall be
permanently marked and designed so individuals in the development are not forced to trespass to reach such
recreational or common open spaces.
5. Spacing: The distance between buildings shall not be less than IO feet and front setbacks shall not be less than
10 feet. In no case shall an individual dwelling lot be less than 4,000 square feet.
6. Waterfront: Where a cluster development abuts a body of water, at least 50% of the shoreline, as well as
reasonable access to it, shall be a part of the common open space land.
City of Muskegon Planning Commission - 2/28/02 4
7. Utility of common open space: Common open space in any one residential cluster shall be laid out, to the
maximum extent feasible, to connect with other open space existing or proposed.
8. Size: Minimum parent parcel size is 21,780 square feet (one-half acre).
9, Bonus units: Where the developer provides additional open space or amemttes within the development,
additional density may be granted. A maximum of a I 0% unit bonus may be granted to the development for
additional amenities such as: public trail easements, additional open space, additional common waterfront area,
and additional landscaping.
[amended 12/31/97]
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RT Two Family Residential Districts are designed to be compatible with one (I) family residential densities, and to
be located along major thoroughfares so as to provide transition between the thoroughfare and one (I) family district.
The RT zones of transition between higher density RM and MHP Districts, or nonresidential districts, and low density
one (I) family residential districts.
SECTION 600: PRINCIPAL USES PERMITTED
In an RT Two Family Residential District no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (I) or more of the following specified uses, unless otherwise provided in this
Ordinance:
I. One and two family detached dwellings.
2. Municipal, county, state, or federal buildings or properties of public service types, not including storage yards,
warehouses, or garages, provided that no such building shall be located less than thirty (30) feet from any other
lot in a residential district.
3, Cemeteries adjacent to, or an extension of, existing cemeteries.
4. Home Occupations of an nonindustrial nature may be permitted subject to the following:
5. Congregate living facility for not more than four persons, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
6. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted,
7. Uses similar to the above Principal Uses Permitted.
SECTION 601: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
City of Muskegon Planning Commission - 2/28/02 5
Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the Planning
Commission.
I. Accredited fraternity or sorority houses, when located not less than twenty (20) feet from any other lot in any
R District.
2. Access driveway or walk connecting premises in a B or M District with one or more public streets provided no
part of such driveway shall be located at a distance greater than thirty (30) feet from any boundary line of any
said districts nor at a distance less than ten (] 0) feet of the side lot line of an adjoining lot, which lot is in any
residential district, and provided that between such driveway and any such side lot line, but not within ten (] 0)
feet of the front lot line, there shall be maintained a solid wall or front fence, or a compact evergreen hedge
not less than five (5) feet high.
3. Tourist homes having not more than two (2) guest rooms, provided the premises front on a street which is
officially designated as a major thoroughfare or collector thoroughfare.
4. The office of the resident physician, dentist, architect, engineer, attorney, or similar professional person when
located within this dwelling, provided not more than one(]) person not a resident in said dwelling is employed
in such office.
5. Schools and colleges for academic instruction, provided that no principal building shall be located less than
thirty (30) feet from any other lot in an R District.
6. Private noncommercial recreation areas, institutional or community recreation centers provided that any
principal building used therefor shall be located not less than thirty (30) feet from any other lot in any R
District, subject to provisions of Section 401 - 1 (a through f).
7. Churches and other facilities normally incidental thereto subject to the following conditions:
8. Congregate living facility for not more than six persons provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
9. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
10. Accessory buildings and accessory uses customarily incidental to the above Special Land Use Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Restricted parking areas subject to provisions of Section 2327(1).
SECTION 602: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section 210 I.
The intent of Planned Unit Developments in the Two Family Residential districts is to allow mixed land uses which are
compatible to each other, while prohibiting nonresidential uses which would not be compatible or harmonious with
residential dwellings.
SECTION 603: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 2/28/02 6
ARTICLE VII-RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling
structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the
lower density One Family and Two Family Residential Districts, and MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED
In an RM-I Low Density Multiple Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified uses, unless otherwise
provided for in this Ordinance:
1. All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the lot area,
yard, and floor area requirements for one (1) and two (2) family dwellings equal to at least the requirements of
the immediately abutting residential district.
2. Multiple dwellings and row houses for any number of families.
3. Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot in any
residential district.
4. Tourist homes having not more than two (2) guest rooms provided the premises fronts on a street which is
officially designated as a major thoroughfare or collector thoroughfare.
5. Rooming houses with a capacity of not more than three (3) roomers.
6. Churches and other facilities normally incidental hereto subject to the following conditions:
7. Home occupations of a nonindustrial nature may be permitted subject to the following:
8. Congregate living facility for not more than six persons, provided that such facility shall be at least one
thousand five hundred (1,500) feet from any other similar facility.
9. Adult foster care facility for not more than six persons.
10. Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.
11. Uses similar to the above Principal Permitted Uses.
SECTION 70 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, ifrequired) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers,
or other professional persons; real estate, insurance, credit service (other than Joan) offices and similar
businesses supplying services instead of products when determined by the Planning Commission upon
application to it, to be consistent with the nature and condition of neighboring uses and structures.
City of Muskegon Planning Commission - 2/28/02 7
2. Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the
activities of which are conducted by mail, and which are not displaying or handling merchandise or rendering
service on the premises.
3. Schools and colleges not involving the use of mechanical equipment except such as is customarily found in
dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet
from any other lot in any residential district.
4. The office of a resident physician, dentist, architect, engineer, attorney, or similar professional person when
located within his dwelling, provided that not more than one (I) person not a resident in said dwelling is
employed in such offices.
5. Hospitals, sanitariums, and convalescent or nursing homes.
6. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
7. Accessmy buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
9. Restricted parking areas subject to provision of Section 2327.1.
SECTION 702: PLANNED UNIT DEVELOPMENT
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section 210 I.
The intent of Planned Unit Development in the RM-I Low Density Multiple Family Residential District is to allow
mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which would not be
compatible or harmonious with residential dwellings.
SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]
PHOTOS
City of Muskegon Planning Commission - 2/28/02 8
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
su1Tounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan
of the City.
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
City of Muskegon Planning Commission - 2/28/02 9
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2069
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from R-1 "Single-Family Residential" and OSR "Open Space Recreation" to RT "Two-Family
Residential"
TI-IE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from R-1 "Single-Family Residential" and OSR "Open Space Recreation" to RT "Two-
Farnily Residential":
CITY OF MUSKEGON, REVISED PLAT OF 1903, S 108.35 FT LOT 9, ALL LOT 12 EXC N 99 FT OF E 132 FT OF
LOT 12, BLK 19; ALSO THAT PART OF LOT 10 BLK 20 LYING E OF MCLAREN ST.
CITY OF MUSKEGON, REVISED PLAT OF 1903, S 44 FT LOT 7, ALL LOTS 8 & 9 & THAT PART OF LOT 10
LYING W OF MCLAREN ST BLK 20; ALSO LOT 2 EX NLY 66 FT & ALL LOT 3 BLK 21
1bis ordinance adopted:
Ayes: Shepherd, Spataro Warmington, B1Jie, Gawron, Schweifler
Nayes:,_.J\ID.na_ _ _ _ _ _ _ _ _;___ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: March 26, 2002
Effective Date: April 9, 2002
First Reading: March 12, 2002
Second Reading: March 26 2002
CITY OF MUSKEGON
By: .J:JCLJ- 0. · u.-\Actu--..c J
Gail A. Kundinger, City Cler
3/12/02
CERTIFICATE (Rezoning of 565 Mulder Ave. & 557 McLaren St. from R-1 & OSR to RT)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
th
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 26 day of
March, 2002, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby. , , /
DATED: March 26 2002. li:),,i, &,v,,cl.~,._·,,..a""~~·---
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
0
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
3/1/02
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 26, 2002, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following property
from R-1 "Single-Family Residential" and OSR "Open Space Recreation" to RT "Two-Family
Residential"
CITY OF MUSKEGON, REVISED PLAT OF 1903, S 108.35 FT LOT 9, ALL LOT 12 EXC N 99 FT OF E 132
FTOF LOT 12, BLK 19; ALSO THAT PART OF LOT 10 BLK20 LYING E OF MCLAREN ST.
CITY OF MUSKEGON, REVISED PLAT OF 1903, S 44 FT LOT 7, ALL LOTS 8 & 9 & THAT PART OF LOT 10
LYING W OF MCLAREN ST BLK 20; ALSO LOT 2 EX NLY 66 FT & ALL LOT 3 BLK 21
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon; Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published _ _JMCJ<:allr.:.ccJ..tb_3-'-'Q,__ _ _, 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN(! 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
3/12/02 4
Date: 3/6/2002
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor
RE: Municipal Tractor Purchase
SUMMARY OF REQUEST: Approval to purchase one Model C9700 Holder
Tractor from Bell Equipment Company for 55,874.00
FINANCIAL IMPACT: Total Cost $55,874.00
BUDGET ACTION REQUIRED: None, This purchase was budgeted at
$75,000.
STAFF RECOMMENDATION: Approval to purchase ModelC9700 Holder from
Bell Equipment.
Municipal Tractor
Bid Model
Bell Equipment $ 70,874.00 Holder C9700
$ {15,000.00) Trade in (50232)
$ 55,874.00
Mulders Power Equipment $ 64,900.00 Trackless MTS
$ 6,000.00 Trade in (50232)
$ 58,900.00
Heights Tool Company $ 64,330.00 Aebi Kommunal Trak
$ - Trade in (50232)
$ 64,330.00
Budgeted Amount $ 75,000.00
This purchase is a budgeted replacement of an existing unit. We currently have
two Holder units in our fleet. After testing the above units we found them both
fairly equal, with most of the operators preferring the Holder. Therefore, it is my
recommendation that we purchase the Holder from Bell Equipment.
Municipal Tractor. .
Date: 3/8/02
To: Robert Kuhn
From: Brett Kraley
RE: Purchase Request
The equipment division is considering replacing our excising Holder. The Holder
is an articulated, four wheel drive tractor with interchangeable front and rear
mounted attachments. The Parks Department uses this unit year round clearing
sidewalks in the winter and mowing grass in the summer. The Holder we hope to
J!~ra!)ase now comes with rear mounted hydraulics that will enable the parks
~gi\)t~!nent to use this machine in conjunction with attachments we already own
m@iJ{t!)f renting another tractor.
i
7/22/98 1
C9700H
Date: March 14, 2002
To: Honorable Mayor and City Commission
From: Robert H. Kuhn, Director of Public Works
RE: 2002, 2003 and 2004 Street Sweeping Contract
SUMMARY OF REQUEST: To award three-year contract to provide
four (4) annual street sweepings to Tri-Us Services, Inc., 4725-15
Mile Road, Kent City, Michigan.
FINANCIAL IMPACT:
$113,662.24 each year; $340,986.72 over the course of the contract.
Excludes special requests charged at $100/hour.
BUDGET ACTION REQUIRED:
None; monies appropriated in Highway and state trunkline budgets.
STAFF RECOMMENDATION:
Affirm a tive f\ction
23 1/724-6703
FAX1722- 12 14
As sl's.sor
23 I /724-670R
FAX/7U,-5 18 1
Ccrnctcry
23 1/724-6783
FAX/726-5617
( 'ivi l Service
2.l 11724-6716
FAX1724-4055 West Michigan's Shoreline City
C ll' rl<
23 11724-67115
F,\Xl724-4 I 7X
Comm, & Neigh.
Scrvict.·s
231/724-6717 Date: March 14, 2002
FAX1726-250 1
To: Honorable Mayor and City Commission~
E11gi11rt.•ring
23 I 1724-6 707
From: Robert H. Kuhn, Director of Public W. 'fks
FAX/727-<>9ll4 Subject: 2002, 2003, 2004 Street Sweeping C ; ntract
Fin;inrc
23 11724-67 I3
FAX/724-6768
Two bid proposals to provide street sweeping s rvices fo years 2002, 2003 and 2004
f'ire Dcpl.
2J 11724-/,792
were received as the result of solicitation in The nicle: Tri-Us Services, Inc., 4725
FA X1724-6985 15 Mile Road, Kent City, Michigan and Sanisweep, Inc., 0-3450 Lake Michigan Drive
l m:o mc Ta.\
NW, Grand Rapids, Michigan.
23 1/724-6770
FAX1724-6768
Four annual sweeps are required of 355.72 miles of non-trunkline curbed and uncurbed
Info. Systems
23 11724-67H
paved streets and paved shoulders and 27.20 miles of trunkline (city portions of Apple
FAX1722-430 I A venue and Seaway Drive) curbed and uncurbed paved streets and paved shoulders.
Leis ure Srrvicc
Vendor must also perform special sweeping requests as solicited.
23 11724-(, 704
F.-\X/724- 11 96
Tri-Us Services. Inc. bid $113,662.24 X 3 years= $340,986.72
l\lana~c r 's Office Annual breakdown
231/724-6724
FAX1722-12 14 $73 .00 X 355.72 non-trunkline curb miles = $25,967.56 X 4 sweeps $103,870.24
1\ layor's Oflice
$90.00 X 27.20 trunkline curb miles = $2,448.00 X sweeps $ 9,792.00
23 1/724-670 I $100.00 per hour, special requests
l'AX/722-12 14
Nt_•igh. & Const. Sanisweep, Inc. bid $156,879.56 X 3 years = $470,638.68
Scrvkt·s
23 11724-6715 Annual breakdown
FA X1726-2501
$98.25 X 355.72 non-trunkline curb miles= $34,949.49 X 4 sweeps $139,797.96
P l:111ni11~//.011in g $157.00 X 27.20 trunkline curb miles= $4,270.40 X sweeps $ 17,081.60
231/724-67112
l'AX/724-67911 $110.00 per hour, special requests
Polit·c D(•11t.
231/724-/, 750 Funds to cover all expenses are budgeted. Trunkline expenses are reimbursed by the
F.-\X/722-5 1411
state.
Public \Vo rks
2J 11724-4 100
l',\X/722-4 188
It is our recommendation that the contract be awarded to Tri-Us Services, Inc. In
addition to being the low bidder, Tri-Us has provided satisfactory service the past five (5)
Treasurer
231 / 724-6720 years.
FAX1724-6768
\V:1 11:1' Billi11~ Ocpl.
2311724-67 18
F.-\X/724-6768
(U DPW/Bids/2002 ... )
\\'all:r Filtra t io n
23 I /724-41 U6
FAX/755-5290
Department of Public Works, I 350 E. Keati ng, Muskegon, MI 49442
BID PROPOSAL
TO: THE CITY OF MUSKEGON
The lmdersigned bidder proposes to do all the work for the STREET SWEEPING
CONTRACT for the contract years 2002, 2003, and 2004, to the extent and in the manner set
forth in the contract documents, for the following bid prices:
Regular Sweeps (355 .72 miles ofnon-Trunkline curbed and uncurbed paved streets
and paved shoulders) - $ 7 3. 00 per curb-mile
Trunkline Sweeps (27 .20 miles of curbed and uncurbed paved streets and paved
shoulders) - . $ 90 • 00 per curb-mile
(M46, Apple Avenue from Shonat Street west to Muskegon Avenue,
10.00 curbed miles.)
(Business Route 96 from Bayou Street to Shennan Boulevard, to include
uncurbed paved shoulders, 17.20 curbed and uncurbed miles.)
Special Requests - $ 100. 00 per hour
The annual bid piice for this contract shall be the Regular Sweep bid of 355 . 72 curbed miles
(total mileage of 11011-Trnnkline curbed streets) plus Trunkline Sweeps bid of 27.20 curbed miles
(total mileage of Trunkline curbed streets, to include paved shoulders) times four (the number
of sweeps) for a total of
$ 113,662 . 24
Further, this contract may be extended for one (1) year if both parties agree.
D~e: MARCH 8, 2002
Signed:
12
./ /
.,....,,,.-,,. ~
/.-:ii '
fr,.-_ ... :•·". BID PliOPOSAL
,. .
'
TO : THE CITY OF iVIUSKEGON
The undersigned bidder proposes lo do all lhe work for lhc STREET SWEEPLNG
CONTRACT for the contract years 2002, 2003. and 2004, lo the extent and in the manner set
forth in the contract docurm:nts, f<.ir the follo.ving hid prices:
Regu lar Sweeps (355.72 miles of non-Trunk.line curbed and unc urbecl paved streets
;;·.:,:
and paved shoulders) - $ 98 · 25 per curb-mile
Trunkline Sweeps (27.20 miles o[ c;urb~1i,_a11d unc urbed paved streets and paved
shoulders) - $ i 5 7 . do per curb-mile
(Ivf46, Apple Avenue from Shonal Street west lo ivluskego n f\ venue.
I 0.00 curbed miles.)
(Business Ro ute 96 (rom Bayou Street lo Sherman Boul evard, to inc lude
uncurbed paved shoulders, 17.20 curbed and uncurbed mi les.)
Specinl Requests - $110.00 per hour
The annual bid price fo r this contract shall be the Regular Sweep bid o f' J55.72 curbed miles
(total mileage ofnon-Trunkline curbed streets) plus Trunk.line Sweeps bid o f 27. 20 curbed miles
(total mileage ol'Tru nkli ne curbed streets, lo include paved shoulders) times four ( th e number
or sweeps) for a total of
$ 156,879.56
Further. this contract may be extended for one ( 1) year if both parties agree.
3-11- 02
Date:
Signed:
12
Date: March 19, 2002
To: Honorable Mayor and City Commissioners
From: Ric Scott
RIE: Umpire Contract
SUMMARY OF REQUEST:
To approve a contract with Shoreline Sports Officials
Association for providing umpires and sports officials
for various sports programs.
FINANCIAL IMPACT:
Approximately $30,000 annually
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Leisure Services Board Recommends approval
Affirmative Action
23 l /724-6703
FAX1722-1214
Assessor
23 1/724-6708
FAX1726-5181
Cemetery
23 I /724-6783
FAX/726-5617
Civil Service
231/724-6716
FAX/724-4405 West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
Date: March 19, 2002
Comm. & Neigh.
Ser vices To: Honorable Mayor and City Commissioners
231/724-6717
FAX/726-250 1
From : Ric Scott ~ -
Engineering
231 /724-6707 Re: Umpires Contract
FAX/727-6904
Bids were solicited for groups to provide officials for
Finance
23 I /724-6713
various sports programs for the City of Muskegon . Two
FAX/724-6768 proposals were received. However, one proposal was
Fire Dept. withdrawn.
231/724-6792
F AX/724-6985 Consequently, staff is recommending that you approve an
Income Tax
agreement with the Shoreline Sports Officials
231/724-6770 Association to provide umpires and sports officials for
FAX1724-6768
various City of Muskegon sports activities. The annual
Info. Systems cost is about $30,000 depending on the number of games
231/724-6744
FAX/722-4301 played . This is included within the Recreation budget.
This is the Association that the City has been working
Leisure Service
231/724-6704 with for many years.
FAX/724- 1196
The Leisure Services Board recommended approval of the
Manager's Offlce
23 1/724-6724 agreement. Staff would recommend that you approve this
FAX/722-1214 agreement for four years .
Mnyor's Offlce
231/724-6701
Thank you for your consideration.
FAX/722-1214
Inspection Services
231/724-6715
FAX/726-2501
Planning/Zoning
23 l /724-6702
F AX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Wnter DIiiing Dept.
231 /724-6718
F AX/724-{;768
Wnte r Filtration
231/724-4 I 06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: D CITY COMMISSION
FROM:
Patrick Simpson, Fire Chief
DATE: March 19, 2002
SUBJ: Request for Permission to Apply for 2002 USFA Grant
SUMMARY OF REQUEST:
The Fire Department is requesting City Commission pennission to apply for 2002 United
States Fire administration "Assistance to Firefighters Grant Program" to provide public
fire safety programs to children 14 and under and citizens 65 and older.
FINANCIAL IMP ACT:
$10,000 "in kind" match through 1000 hours of staff time.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION
Staff recommends approval of grant application to USFA for public fire safety programs.
COMMITTEE RECOMMENDATION:
March 19, 2002
Honorable Mayor and City Commission
Through the City Manager
Re: 2002 United States Fire Administration Grant Request
Dear Mayor and Commissioners:
I am requesting pe1mission to submit for the 2002 United States Fire Administration
"Assistance to Firefighters Grant Program". These grants through FEMA provide funds
to the local jurisdictions for programs to both protect citizens and our firefighters.
For 2002, our program "All Ways Safe" is a public fire safety program to deliver
additional programs to children 14 and under and persons 65 and older. Additionally, we
propose a program to provide 1000 fire smoke detectors to needy households, or provide
batteries to such households where smoke detectors are present but need batteries.
The anticipated result will be a 10% reduction in the number of fires, fire injuries, and
fire deaths in households with children 14 and under and households with citizens 65 and
older.
Proposed $100,000.00 grant will require a 10% local match. This will be accomplished
through "in kind" match of I 000 hours of staff time to deliver the program. There is no
additional department staff requested, since existing personnel can provide this level of
delivery.
Patrick Simpson
Fire Chief
Date: March 19, 2002
To: Honorable ~ar_,. a~d ~ity Commissioners
From: Ric Scott ~
RE: Great Lakes Naval Memorial and Museum
Request
SUMMARY OF REQUEST:
To Authorize the Great Lakes Naval Memorial and Museum
to submit a Coastal Management Grant for the
rehabilitation of the LST.
FINANCIAL IMPACT:
$60,000
BUDGET ACTION REQUIRED:
None, the Museum will provide the match
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
23 I /724-6703
FAX/722-1214
Assessor
231 /724-6708
FAX/726-5181
Cemetery
23 I /724-6783
FAX/726-5617
Civil Service
23 I /724-67 16
FAX/724-4405 West Michigan's Slloreline City
Clerk
231 /724-6705
FAX/724-4178
Date: March 19, 2002
Comm, & Neigh.
Services To : Honorable Mayor and City Commissioners
231/724-67 17
FAX/726-2501
Fr om: Ric Scott
Engineering
231/724-6707 Re: Great Lakes Naval Memorial and Museum Request
FAX/727-6904
The Great Lakes Naval Memorial and Museum is seeking
Finance
231/724-6713
your authorization to submit a grant application on the
FAX/724-6768 City's behalf to the Coastal Management Program for
Fire Depl, renovations to the LST. The Coastal Management Program
231/724-6792 requires that construction projects be submitted by the
FAX/724-6985
city, not a non- profit organization.
Income Tax
231/724-6770 The Great Lakes Naval Memorial and Museum wants to
FAX/724-6768
fabricate gun tubes and install them aboard the LST 393.
Info, Systems They would also like to re-open the bow doors that have
231 /724-6744
FAX/722-4301 been welded shut, and install removable viewing and door
glass. The estimated cost is $60,000 . The grant is a
Leisure Service
231/724-6704 50-50 matching grant and the Museum would provide the
FAX/724-1196 $30,000 match.
M•nnger's Ornce
23 I /724-6724
I would ask that you adopt the attached resolution and
FAX/722-12 14 authorize the Great Lakes Naval Memorial and Museum to
M•yor's ornce submit the application on behalf of the City.
231/724-6701
FAX/722- 1214 Thank you f or your consideration.
Inspection Services
231/724-6715
FAX/726-2501
Plnnnlng/Zonlng
231 /724-6702
F AX/724-6790
Police Dept,
231/724-6750
FAX/722-5 140
Public Works
23 l /724-4100
FAX/722-4 188
Treasurer
231/724-6720
FAX/724-6768
Water Billing Depl.
23 l /724-6718
FAX/724-6768
Water Flltrotlon
231/724-4106
FAX1755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
RESOLUTION NO. 2002- 38 Io l
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION FOR
USS LST 393 RESTORATION
WHEREAS, the City of Muskegon wishes to support the Great Lakes Naval
Memorial a·nd Museum in restoring the USS LST 393; and
WHEREAS, funding is available from the U.S. Department of the Interior
through the Coastal Management Program; and
WHEREAS, total project costs are estimated at $60,000, 50% of which would be
funded by the Coastal Program and 50% would be local match;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission approve the
submission of the grant application by the Great Lakes Naval
Memorial and Museum to the Coastal ·Management Program in the
amount of $60,000 for the restoration of the USS LST 393 and
commits that the local match shall be provided if the project is
funded.
Adopted this 26th day of Ma r ch , 2002.
AYES: Shepherd , Spa taro , Warmington , Buie , Gawron , Schwei fler
NAYS: None
ABSENT: Larson
CERTIFICATION
2002-38(0)
This resolution was adopted at a regular meeting of the City Commission, held on March
26, 2002. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~ ==--=
Q_J=·t"-=
_Q=-.:'.t:::.. . .L
. -=-=---=~
.~ - V'C/
~ ~ --
Gail A. Kundinger, City Cle
.: :·:
Date: March 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Terrace Street from Irwin to Iona
SUMMARY OF REQUEST:
The Terrace Street contract (H-1547, W-627 & S-572) be awarded to Wadel Stabilization
Inc. out of Hart since they were the lowest (see bid tabulation) responsible bidder with a
bid price of $517,322.23 (see attached bid tabulation).
FINANCIAL IMPACT:
The construction cost of $517,322.23 plus associated engineering cost which is estimated at
an additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Wadel Stabilization inc.
COMMITTEE RECOMMENDATION:
H-1547, W-627, S-572 TERRACE ST. IRWIN AVE. to IONAAVE.
BID TABULATION
JACKSON MERKEY KAMMINGA MILBOCKER OPPER WADEL LODESTAR
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
DESCRIPTION QUANTITY UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
ADJUSTMANHOLECASTING 11 EACH $410.00 $4,510.00 $400.00 $4,400.00 ····s2i5.i:i(i'[. $3,025.00, $80.00 $880.00 $275.00 $3,025.00 ... ·~si51J.oo $2,750.00
AGGREGATE BASE COURSE 22A@8" C.I.P. 5738 SQ.YD. $5.10', $29,263.80 $6.00 _ $34,428.00! $6.80 $39,018.40 $6.98 $40,051.24 $4.50 $25,821.00 $5.oo; $28,690.00
BENDS D.C.I. 6" 45° M.J. 12 EACH $210.00 . S2,520.00 $220.ooi- !~--6~-~.:o_o_· $200,00 -~-~.~o~:o_o $242.00; ~2._9_0_4:~0 $200.00 $2,400,00 $225.oo' _$2,7~_0_:oo
BENDS D.C.I. 8" 45• M.J. 50 EACH $255.00' . ~1~.>!~~-??_; $260.oo' _$_1_:i,000.0o $235.00 . $11,750.00 $356.00 $17,800.00 $250.00 $12,500.00 $250.00. !1~:~oO.o_o_·
BIT. LEVELING MIX Jc@ t65#/S,Y 503 TON 537.35 · .$.18,787:o·s · S38.oo $19,114.oO:." 537.50 S18,862.50 $48.oo $24,144.0o $37.32 $18,771.96 $3s. 05 S1i i9.1
1 5'
BIT. TOP MIX 4C@ 165#/S.Y. --"·- 503 TON ___ "J~!~i _J!.~:~9_!~~~ S40.00 $20,120.00 $40.00 $20,120.00 $50.00 $25,150.00 $39.74 .$19,989.22 $40.55 $20,396.65
CATCH BASIN CASTING E.J.#7045 OR EQUAL 11 EACH i ,--~~~-~'.~.~- $5,390.00 $550.00 $6,050.00 $500.00 $5,500.00 $350.~0 $3,850.00 $425.00 $4,675.00 $625.00 $6,87S.OO
CATCH BASIN STD. 11 EACH $1,260.00 $13,860.00 s1,200,oo· $13,200.00 $1,050.00 $11,550.00 $150.00 $1,650.00 $1,250.00 $13,750.00 $750.00 $8,250.00i
CEMENT 5 TON $150.00 $750.00 5200.00: $1,000.ooi $150.00 $750.00 $300.00 $1,?P~~~- _$200.00 $1,000.00 $157.SO $787.50
10 CONC. CURB & GUTTER F-4 MOD. 3011 LIN. FT.! $7.60 $22,883.60 $12.oo: $36,132.00: $7.60 $22,883.60 $8.50: $25,593.50 $10.00' $30,110.00" $7,95 $23,937.45
11 CONC. DRIVE APPROACH 6" STD. 469 SQ.YO. ' $24.20 $11,349.80 _$_2_7_-??.,. ---~-!-~.;-~_6_~.-~~j $24.20 i $11,349.80 S4.00 !_1_,_~?.~:~~ .......532.00' $15,008.00 $25.40 $11,912.60
12 CONC.SIDEWALK4" 6003 SQ.FT. i ~1_.~_:i_, $11,105.55 $2.00 $12,006.00!.... $1.85! $11,105.55 $3.50 $21,010.50 $2.35' $14,107.0S $1.95 $11,705.85
13 CONC. SIDEWALK 6" 600 SQ.FT. $3.00 $1,800.00 $3.~~ _ $1,800.00! $3.00 i $1,~po.oo $3.75 $2,250.00 $3.50 $2,100.00 _ $3.15 $1~890.00
14 CORP. STOP 1" MUELLER #15000 OR EQUAL 35: EACH $210.00 $7,350.00 $300.00 $10,500.00 $165.00 $5,775.00 $250.00' $8,750.00 $450.oo' $15,750.0oi $200,00- $7,000.00
15 CROSS D.C.I. 8"x 6" M.J. 4 EACH $415.00 -~-\-~_6g_._~_~;. _ ~-~~~:P.~---- $2,600.00 J.3~~-00 $1,520.00 5465.50 $1,862.00 $450.00' $1,800.00 i $400.00 $-~-'-~~-?---~-~-
16 CURB STOP I" WI BOX MUELLER #15150 OR EQUAL 29 EACH ~-235.00 _ .!.~•-~-~~-DJ_: J~?_O_'.~?.:_ __ ~!•.~.3..~.:?.?. ~~-??·.?.~_:__ $2,900.00 $120.00 --~~c.1.~.?.:.?.?. $450.00 $13,050,00 [. $225.00 .. _ ~;-~-~-~:.?.?.
17 CURB STOP 2" W /BOXFORD 844-777M OR EQUAL 1 EACH $345.00 $345.00 $350.00 $350.00 $250.00 $250.00 $234.00 $234.00 $750.00!___ $750.00; $500.00' $500.00;
$2,33~.2_0 j
1
18 ;FILL EXIST. SAN. SEWER WITH FLOWABLE FILL 614i LIN. FT. $3.80' $7.oo: $4,298.oo:_ $3.00 $1,842.00. ____$_3.25. $1,995.50 _$2.50 $1,535.!)0 $3.25 $1,995.501
19 HYDRANT STD, -~------- 5 EACH $1,335.00 $6,675.00 $1,400.00' ~!,OOO.OO_i_ $1,650.00 $8,250.00j $1,950.00 $9,750.00. $1,550.001 $7,750.00S $1500.00• $7 500.00
20 MACHINEGRADINGMOD. 14.63 STA. $745.00' $10,899.35 $4,200.00! $61;446:0ol" . ~~.sso.oo $27,065.50' $350.oo· $5,120.50 $500.00~3_t~-O_oi $3:250.00: $47:547:s"ii"!
21 MANHOLECASTINGE.J.#10000REQUAL 191 EACH $485.00 $9,215.oo: $450.00' $8,550,00 -~~0.00 $9,500.00 _ $425.00 $8,075.00 _$550.00! $10,450.00 $525.oo' $9~975.oo;
22 'MANHOLESTD.4'1.D.O'T010'DEEP___ 8 EACH $1,360_.00 $10,880.00 $1,200.00i $9,600.00 $1,525.00 $12,200.00 $1,550.00 $12,400.00 $1,750.00] $14,000.00 $900.00' $7,200.00;
,-23~ RECONSTRUCTING MANHOLE -- " 2 V.FT, "$450:oo $900.00i $300.00' $600.00· $510.00 $1,020.00 $85.00 $170,00 $375.ool $750.00' $350.00 $700.00:
24 REDUCERS 8" TO 6" D.C.I. M.J. 11 EACH $195.00 $2,145.00 i $300.00' $3,300.00' $200.00 $2,200.00 :·-.. $325.00 $3,575.00; $200.00 ! $2,200.00' $150.00 $1,650.00
25 1REMOVING CATCH BASIN 11 EACH $510.00 $5,610.00 $300.00! $3,300.00 $210,00 ., ..,,, --~2,310.00 $450.00 54,950.00 $350.00; $3,850.00' $425.00 $4,675.00
26 REMOVING CONC. DRIVE APPROACH 432 SQ.YO. $8.75 $3,780.00 $6.00i $2,592.00 $5.00 52,160.00 $4.50 $1,944.00 $4.50 $1,944.00' $10.00 $4,320.00
27 REMOVING CONC. SIDEWALK 6153 SQ.FT. $1.10 $6,768.30; $1.ooi $6,153.oo: 50.50 $3,076.50 $2.50i 515,382.SOi $0.75 $4,614.75! $5.00 $30,765.00
28 REMOVING SANITARY MANHOLE -~~~ 1T EACH $630.00 s1·0-;:r1"o":ii'ii: . i4S'O':oor $7:sso:oo· $225.00 $i82"s:Oo·• s3S'ii':O'ci ! $5,950.00! $650.00 $11,050.0:0-! $425.00. $7,225.00
29 REMOVING STORM MANHOLE 4 EACH $630.00 ... $2,Sici:"Oii. 5300.ooi $1,200.00' _. _ !_2.!_o,oo $840.00 · -i'2!io:ii0. $1,000.00 $30o.oo $1,200,~o ! ·• $375.oo 51,500.00
30 REMOVING WATER VALVE MANHOLE 8. EACH $630.00 $5,040.00 $300.oo! $2,400.00' $210.00 $1,680.00 $300.00 $2,400.00; $300.00 $2,400.00 $375.00 $3,000.00
31 REMOVING PAVEMENT ----- 5354· SQ.YD. i _$_~_-_8_~:.. $30,816.90 $3.ooi $19,062.00 ., $5.85i $37,170.90 $4.50 $28,593.00 $5.25 $33,35fl.50 510.00 $63,540.00!
32 SANITARY SEWER SERVICE 6" SDR 35 794! LIN. FT. $28.ooT. $22,232.00 $22;.!)0! $17,468.00!°. $36.00 $28,~84.00 $40.00 $31,760.00: _$26.00 $20,644.00 $25.00 $19~850.00
33 !SANTITARY SEWER 8" SOR 35 611: LIN. FT.; $43.00 $26,273.00 i $30.00[ ;18,330.00; $20.00' $12,220.0!)j $50.00 $30,550.00. _ -~! $14!664.00. $25.00' $15,275.00'
34 SANTITARY SEWER 10" SOR 35 1499, LIN. FT.! $46.00 $68,954.00 $32.00 $47,968.00' $22.50 $33,727.50' $45.00 $67,455.00 $28.oo! $41,972.00 $30.00 $44,970.00
35 SANTITARY SEWER WYE S"x 6" SOR 35 11 EACH $70.00; $770.00 $300.00 $3,300.00 __ ~95.00_ $1,045.00 $125.00 t~.!.3..!~.:.~.~- $150.00 $1,~~o._o_o_: ~125:_o_o_:_. _$1_.,~~5._o_o
36 SANTITARY SEWER WYE 10"x 6"" SOR 3S 20 EACH $100.00 $2,000.00 $300.00 ss,000.00: $100.00 $2,000.00 $140.00 $2,800,00 $200.00 $4,ooO.ciO' $1"50.0ii. . ·s·J,OOO:oo
37 SLEEVES LONG 6" D.C.I. M.J. 9 EACH i $650.00! S5,850.00 $600,00 S_5,_4_0o.ooj $310.00 $2,790.00 5350.00 $ 3 ~ _ $1,500.00 $13,500.00 $400,00 $3~600.00.
38 SLEEVES LONG 8" 0.C.I. M.J. 2. EACH i $775.00 $1,550.00 $600.00 $1,200.00 $500.00 $1,000.00 1 $450.00•. $900.00 $1,500.00 $3,000.00 $475.00 $950.00
39 STORM SEWER 10" SOR 35 418 LIN. FT . ~~o._o_o 58,360.00 $20.00 $8,360.00 $20.00 $8,360.00' $45.00; 518,810.00 $32.00 $13,376.00 $25.00 $10,450.00'
40 TAP 2" W / CORP. STOP PER DETAIL 1 · EACH i $460.00 $460.00 $400.00 $400.00 $1,400.00 $1,400.00' _ ~~0.00; $450.00 $750.00 $750.00 _ $525.00 $525.00
41 TEE D.C.I, 8" x 8" x 6" M.J. 5 EACH $250.oo! $1,250.00 $400.00' $2,000.00 $300.00 $1,500.00; $225.00 $1,125.00 $350.00 $1,750.00 $275.00 $1,375.00
42 'TEE D.C.I. 8" x 8'" x 8" M.J. 1 EACH $285.00 $285.00! $350.oo'. $350.00 $350.00 $350.00; $290.00 $290.00 $400.00 $400.oo: _~~00.00 $300.00
43 iTERRACEGRADING 1463 LIN, FT. $7.60 ~!1.!_11_8_'.~~.: $15.00; $21,945.00 $14.00 $20,482.00 $15:~_o $22,530.20: s9.751 $14,264.25] $20.00 $29,260.00
44 ITRAFFICCONTROL 1 LUMP $12,670.00 $'12,670.0ci- 525,ooo.oo· $25,ooo.oo;_ sa,000.00 ss,000.00: $7,500.00' - $7,500.00 515,ooo.ooi s1s,ooo.oo' s10,ooo.oo s1o,ooo.oo
45" !VALVE 6"' GATE M.J. w,sox 5 EACH $545.oo $2,725.oo· 560_0,QOC $3,ooo.oo:" $90o.oo 54,500.00· $648.oo 1 $3,240.00 $60o.ooi $3,000.00' $550.00 $2lso.oo
46 YALVE8"GATEM.J.WIBOX 14: EACH i $735.oo! s10,29o.oo: $800.ooi s11,200.oo· s1,ooo.oo $14,ooo.oo ss7s.oo: $9,450.00: 5900.ool s11.200.oo' 5675 .00 s 9,450 _00
47 WATERMAIN 6" D.C.I. CL. 52 115 LIN. FT. $24.50 $2,817.50 $25.00 $2,875.oo: 565.00 $7,475.00 560.00 $6,900.00 $23.So! $2,702.50 $20.00 $2,300.00
48 WATERMAIN 8" D.C,I. CL 52 1890 LIN. FT. $34.75 $65,677.50 $30.00 $56,700.00!" $42.60 $80,514.00 $50.00 $94,500.00 $25.so! $48,195.00 $25.00 · $47,250.00
49 WATER METER PIT COMPLETE 6 EACH $785.00 $4,710.00 $600.00 $3~0.00. ____ $525.00 $3,150.00 $420.00 $2,520.00 $750.-00j $4,500.00 $500.00'. $3,000.00
50 '.WATER SERVICE 1" TYPE "K'" COPPER 1290] LIN. FT. f $16.20! $20,898.00 $16.00 $20,640.00, 520.50 I $26,445.oo: $20.00 $25,800.00 I $4.00] $5,160,00! $20.00 $25,800.00
51 'WATERSERVJCE2"TYPE"K"COPPER mi LIN.FT.; $27.00! $513.00 $20.oo' $380,00 $100.00I -- $1,900.00: $25.00 $475.00; $30.00! $570.00! ~-~~:_O_o_( $760.00
TERRACE TOTAL! $548~830.60 $59\100.00' 1
$543,142.25 $615,870.94'. $517,322.23: $590~992.20
12
3/19/023:13 PMTERRACE BID TABULATION.xlsA
-·
H-1547, W-627 & S-572 TERRACE ST. IRWIN to IONA
STREET, WATERMAIN & SEWER IMPROVEMENTS
ENGINEER'S ESTIMATE JANUARY 28 2002
L.. ·- . - DESCRIPTION QUANTITY UNIT PRICE PRICE
: ..1_._,/\DJUS.TMANHOLE CASTING 11 EACH $350.00 $3,850.00
2 ;AGGREGATE BASE COURSE 22A@8" C.I.P. 5738 SQ.YD. $5.00 $28,690.00
: 3 :BENDS D.C.I. 6" 45° M.J. 12 EACH $150.00 $1,800.00
_ .±. -~ENCl~.ll C.I. 8" 45° M.J. 50 EACH $200.00 $10,000.00
5 .BIT. LEVELIN<3r.1IX 3Cj!l_1_6_5#_/S_.Y_._ _ _ _ _ _ _ _ _--t_ _ _
50_3+---T_0_N_ _. $35.00 $17,605.00
·-·13 ·-•BIT.TOP MIX 4C@ 165#/S.Y. 503 TON $40.00 $20, 120.00
___ 7 . CATCH BASIN CASTING E.J.#7045 OR EQUAL 11 EACH $550.00 $6,050.00
8 'CATCHBASIN.S.T.O, .......,.. 11 EACH $1,300.00 $14,300.00
, 9 CEMENT 5 TON $175.00 $875.00
•--1 • -,CONC CURB&GUTT_E_R_F-,4-M_O_D.------- ---+--3-0-1.=.+1 LiN::FT==--.-i--~$::9cc.o""+-$cc2::7~,0"'9~9~.o~o'"" •
11 •CONC. DRIVE APPROACH 6" STD. 469• SQ.YD. $30.00 $14,070.00
12 'CONC. SIDEWALK4" 6003 SQ.FT. $3.00 $18,009.00
----·-13··-·- CoNc. SIDEWALK_ 6" ·---·-···
___________ 600 SQ.FT. .. ... $4.00 $2,400.00
14" CORP.STOP·i; MUELLER #15000 OR EQUAL 35 EACH $200.00 $7,000.00
15 CROSS D.C.I. 8"x 8" M.J. 4 EACH $320.00 $1,280.00
_1_6 !CURB STOP I" W / BOX MUELLER #15150 OR EQUAL .....,... , -· 1----2=-9-t·-··E,I\CH $200.00 $5,800.00
17 ./.CUR~ STOP 2" WI BOX FORD B44,777M OR EQUAL 1---~~1t--c~E~A~C~H~l---'$~3-=-00=-·-=-oo=- ,.- $300.00
18 :FILL EXIST. SAN. SEWER WlTH FLOWABLE FILL 614 LIN. FT. $8.00 $4,912.00
.. 19 __!HYDRANT STD. 5 EACH $1,300.00 $6,500.00
20 !MACHINE GRADING MOD. 14.63 STA. $500.00 $7,315.00
- · 21 ~!MANHOLE CASTING E.J.#1000 O::R.,,..,E,o=,uc,A..,.•c.,,.,,,,.,.,,.,,.,,,,.• ,,,,,,.•..,.,... ,,,,,,.,,,-,,,.,-,·---~-,----··-·-,·.-,.-19+,., : EACH $100,CJO ..... $7,600.00
22 !MANHOLE STD. 4' I.D. O' TO 10' DEEP 8 EACH $1,500.00 $12,000.00
.. :1.3__ RECONSTRUCTING MANHOLE 2 V.FT. $300.00 $600.00
24 ____________
REDUCERS .,,_____ 8" TO 6",,-,.O.C.I. M.J.... ··-------··--·-···
. -------•¥•- 11 EACH $260.00 $2,860.00
25 REMOVING CATCH BASIN ____ 11 EACH $500.00 $5,500.00
... ··-··---·-·------------- . ------ _,_,
26 REMOVING CONC. DRIVE APPROACH 432 SQ.YD. $10.00 $4,320.00
27 REMOVING CONC. SIDEWALK 6153 SQ.FT. $1.00 $6,153.00
28 REMOVING SANITARY MANHOLE 17 EACH $500.00 $8,500.00
29 REMOVING STORM MANHOLE - - - - - - - ------·---t---,,,,,,,.,,,,,,,,.,,., 4 EACH $500.00 $2,000.00
30 REMOVING WATER VALVE MANHOLE 8 EACH $500.00 $4,000.00
31 REMOVING PAVEMENT 6354 SQ.YD. $12.00 $76,248.00
:32__ :SANITARY_SE""ER SE~VICE 6" SDR 35 ··-·· ........,-, .. _7_9_4_,___LI_N_._FT_. __ .. $28.00 $22,232.00
33 J.SANTITARY SEWER 8" SOR 35 611 LIN. FT. _ $30.00 $18,330.00
~~-t--
34 /SANTITARY SEWER 10" SOR 35 1499 LIN. FT. $32.00 $47,968.00
. -~~ SANTITARY SEWER WYE 8"x 6" SDR 35 11 EACH $100.00 $1,100.00
...36. .......
'SANTITARY SEWER -------------t-----cct----=c-=-c~t-----
.. ............ WYE 10"x 6" SOR 35 20 EACH $150.00 $3,000.00
37 SLEEVES LONG 6" D.C.I. M.J. _____ ,,___ -+---··,.,,..9,,..+ EACH_ $270.00 $2,430.00
38 iSLEEVES LONG 8" D.C.I. M.J. 2 EACH $280.00 $560.00
... 39, ... , STORM SEWER 10"SDR35 418 LIN. FT. $20.00 $8,360.00
40 •TAP 2" WI C:()_RP STOP PER_Cl!cT_A_IL_ _ -------· . --- 1 EACfl $750.00 $750.00
41 TEE O.C.I. 8" X 8" x 6" M.J. -- ---- - - ------------------
5 EACH -t--~$_35_0.CJO__ .. $_1,750.00
42 TEE O.C.I. 8" x 8" x 8" M.J. 1 EACH $370.00 $370.00
43 TERRACE GRADING 1463 LIN. FT. $10.00 $14,630.00
44 TRAFFIC CONTROL 1 - --LUMP $10,000.00 $10,000.00
----------------- - - - - - - - - - - - - __ -- ------- --- , ---·"'
45 VALVE 6" GATE M.J. WIBOX . ···- ..
5 EACH . _$_~5_0,00 $3,250.00
46 VALVE 8" GATE M.J. WIBOX 14 EACH $790.00 $11,060.00
--···
47 WATERMAIN 6" D.C.I. CL. 52 115 LIN. FT. $25.00 $2,875.00
48 WATE~MAI.N.8'.'0C,~.l.,_Cc~L._5~2_ _ _ _ _ _ _... 1890 LIN. FT. $30.00 $56,700.00
• 49 WATER METER PIT COMPLETE
- ----------------- - - - - - - - - - - - - ~
6 EACH ..... $5.50._QQ_ .... __ $3,300.00
•_ ....
.,_.§_ WATER SERVICE 1" TYPE "K" COPPER 1290 LIN. FT. , $25.00 $32,250.00
51 :WATER SERVICE 2" TYPE "K" COPPER 19 LIN. FT. $30.00 $570.00
.,....:c.c._,=====:.:...=-=--:..:...:=="---------f---...C:Cf-C='-'-'"--1---===+--===-i
SUBTOTAL $569,241.00
20% ENGINEERIN-G-+-----t . ---·- ,.... _____ ... -+--'$._-1~1~3,=84~8~.2~0'-I
: - . ------'.--- -----·--------========+-----+---+----t---""'-'-'-'~=-'--j
------------~---~~----------
TOTAL ---- ------ _ _L~===~
$683,089.20
-·
Date: March 26, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
US-31 BR from Southern to Sherman
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the Milling & Resurfacing along with
joint repairs on US-31BR from Southern to Sherman, limits of that section of the
project that is within the City). And to approve the attached resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
While this is an MOOT project, we are required to participate in that section that of
the project that falls within the City's limits. The City's share is estimated at .$50, 100
but not more than 11.25% of eligible cost. The total estimated cost of the project is
$2,010,8000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2002- 38 ( q l
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF US-31BR FROM SOUTHERN TO SHERMAN TOGETHER 'MTH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by_ _...;C...:.o.wm.w.rou..i"21SS.;...is.1.01.Un.w.er._._.S.....c ....
bw · r.....
....ew.Ju. J....
e._r_ _and supported by
Commissioner Spataro that the following Resolution be adopted:
VVHEREAS, entry by the City of Muskegon into Contract no. 02-5009 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp,at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 02-5009 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 26th day of March , 2002.
BY
ATTEST ~ aL~,
Gail A. Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
March 26 , 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.
DAB
FEDERALAIDPROGRESSPAYMENT Control Section NH 61151; M 61151; CM 61151
Job Number 45809; 56651;52663
Federal Item HH 3105; RR 3083
Federal Project NH 0261(322); CM 0261(323)
Contract 02-5009
THIS CONTRACT is made and entered into this date of _ _ _ _ _ _ _ _ _ _ , by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as
the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "CITY"; for the purpose of fixing the rights and obligations of the
parties in agreeing to construction improvements located within the corporate limits of the CITY.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them and contributions by
agencies of the Federal Government or other sources will be sufficient to pay the cost of construction
or reconstruction of that which is hereinafter referred to as the "PROJECT" and which is located and
described as follows:
PART A- JOB #45809
Bituminous cold milling and resurfacing work on Highway US-3 lBR from south of
West Southern Avenue southerly to West Sherman Boulevard; including concrete
pavement removal and replacement; together with necessary related work; located
within the corporate limits of the CITY.
PART B - JOB #56651
Bituminous cold milling and resurfacing work on southbound Highway US-3 lBR
between 8th Street and West Southern A venue and on northbound Highway US-31 BR
between 9 th Street and West Southern Avenue; together with necessary related work;
located within the corporate limits of the CITY.
PART C - JOB #52663
Construction of an indirect left-tum lane southbound to northbound and extension
for southbound right-tum lane between West Southern Avenue and Shoreline Drive
on Highway US-3 lBR; together with necessary related work; located within the
corporate limits of the CITY.
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be:
05/29/87 AFA.FOR 2/11/02 1
PART A $1,578,400
PARTB $ 90,600
PARTC $ 341,800
TOTAL $2,010,800
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work aud desire to set forth this understanding in the form of a written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings ofthe
parties and in conformity with applicable law, it is agreed:
1. The CITY hereby consents to the designation of the PROJECT as a state trunkline
highway. The parties shall undertake and complete the construction of the PROJECT as a state
trunkline highway in accordance with this contract. The term "PROJECT COST", as herein used,
is hereby defined as the cost of construction or reconstruction of the PROJECT including the costs
of preliminary engineering, plans aud specifications; acquisition costs of the property for rights of
way, including interest on awards, attorney fees and court costs; physical construction necessary for
the completion of the PROJECT as determined by the DEPARTMENT; aud engineering, legal,
appraisal, financing, and auy and all other expenses in connection with any of the above.
2. The cost of alteration, reconstruction and relocation, including plans therefor, of
certain publicly owned facilities and utilities which may be required for the construction of the
PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such cost
determined by the DEPARTMENT, prior to the commencement of the work, to constitute a
betterment to such facility or utility, shall be borne wholly by the owner thereof.
3. The CITY shall make available to the PROJECT, at no cost, all lauds required;
therefore, now owned byit or under its control for purpose ofcompleting said PROJECT. The CITY
shall approve all plaus and specifications to be used on that portion of this PROJECT that are within
the right of way which is owned or controlled by the CITY. That portion of the PROJECT which
lies within the right of way under the control or ownership by the CITY shall become part of the
CITY facility upon completion aud acceptance of the PROJECT and shall be maintained by the
CITY in accordance with standard practice at no cost to the DEPARTMENT. The DEPARTMENT
assumes no jurisdiction of CITY right of way before, during or after completion and acceptance of
the PROJECT.
4. The parties will continue to make available, without cost, their sewer and drainage
structures and facilities for the drainage of the PROJECT.
05/29/87 AFA.FOR 2/11/02 2
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. The balance of the PROJECT COST shall be charged to and paid by the
DEPARTMENT and the CITY in the following proportions and in the manner and at the times
hereinafter set forth:
DEPARTMENT - 88.75%
CITY 11.25%
The PROJECT COST and the respective shares of the parties, after Federal-aid, is estimated
to be as follows:
TOTAL BALANCE
ESTIMATED FED AFTER DEPT'S CITY'S
COST AID FEDERAL AID SHARE SHARE
PART A $1,578,400 $1,291,900 $286,500 $254,300 $32,200
PARTB $ 90,600 $ -0- $ 90,600 $ 80,400 $10,200
PARTC $ 341,800 $ 273,400 $ 68,400 $ 60,700 $ 7,700
TOTAL $2,010,800 $1,565,300 $445,500 $395,400 $50,100
Participation, if any, by the CITY in the acquisition of trunkline right-of-way shall be in
accordance with 1951 P.A. 51 Subsection ld, MCL 247.651d. An amount equivalent to the federal
highway funds for acquisition of right-of-way, as would have been available if application had been
made therefore and approved by the Federal government, shall be deducted from the total PROJECT •
COST prior to determining the CITY'S share. Such deduction will be established from the
applicable Federal-Aid matching ratio current at the time of acquisition.
6. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the CITY on a
monthly basis for the CITY'S share of the cost of work performed to date, less all payments
previously made by the CITY. No monthly billings of a lesser amount than $1,000 shall be made
unless it is a final or end of fiscal year billing. All billings will be labeled either "Progress Bill
Number _ _ _ _ ", or "Final Billing". Upon completion of the PROJECT, payment of all items
of PROJECT COST and receipt of all Federal Aid, the DEPARTMENT shall make a final billing
and accounting to the CITY.
7. In order to fulfill the obligations assumed by the CITY under the provisions of this
contract, the CITY shall make prompt payments of its share of the PROJECT COST upon receipt
of progress billings from the DEPARTMENT as herein provided. All payments will be made within
30 days of receipt ofbillings from the DEPARTMENT. Billings to the CITY will be based upon
the CITY'S share of the actual costs incurred less Federal Aid earned as the work on the PROJECT
progresses.
05/29/87 AFA.FOR 2/12/02 3
8. Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a
sufficient amount of funds received by it from the Michigan Transportation Fund to meet its required
payments as specified herein.
9. If the CITY shall fail to make any of its required payments when due, as specified
herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the State
of Michigan or such other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the amount thereof,
and, if such default is not cured by payment within ten (10) days, said State Treasurer or other state
officer or agency is then authorized and directed to withhold from the first of such moneys thereafter
allocated by law to the CITY from the Michigan transportation Fund sufficient moneys to remove
the default, and to credit the CITY with payment thereof, and to notify the CITY in writing of such
fact.
10. The DEPARTMENT shall secure from the Federal Government approval of plans,
specifications, and such cost estimates as may be required for the completion of the PROJECT; and
shall take all necessary steps to qualify for Federal Aid such costs of acquisition of rights of way,
construction, and reconstruction, including cost of surveys, design, construction engineering, and
inspection for the PROJECT as deemed appropriate. The DEPARTMENT may elect not to apply
for Federal Aid for portions of the PROJECT COST.
11. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
12. All of the PROJECT work shall be done by the DEPARTMENT.
13. In connection with the performance of the PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the
State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title
42 U.S.C. Sections 1971, 1975a-1975d, and2000a-2000h-6 and the Regulations ofthe United States
Department of Transportation ( 49 C.F.R. Part 21) issued pursuant to said Act, including Appendix
"B ", attached hereto and made a part hereof, and will require similar covenants on the part of any
contractor or subcontractor employed in the performance of this contract. The parties will carry out
the applicable requirements of the DEPARTMENT'S Disadvantaged Business Enterprise (DBE)
program and 49 CPR, Part 26, including, but not limited to, those requirements set forth in Appendix
C.
05/29/87 AFA.FOR 2/8/02 4
14. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the CITY and for the DEPARTMENT;
upon the adoption of a resolution approving said contract and authorizing the signatures thereto of
the respective officials of the CITY, a certified copy of which resolution shall be attached to this
contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICIDGAN DEPARTMENT
OF TRANSPORTATION
05/29/87 AFA.FOR 2/8/02 5
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or tr3nsfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission; Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractorn) agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinentto ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MOOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
AGENDA ITEM
CITY COMMISSION MEETING
March 26, 2002
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk
DATE: March 19, 2002
SUBJECT: Policy for Procedure for Acquisition and Disposition of Residential
Properties
SUMMARY OF REQUEST: To concur with the recommendations from the Community
Relations Committee to adopt the policy as presented.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Adoption of the policy.
COMMITTEE RECOMMENDATION: Community Relations Committee recommended
approval.
Memorandum
To: Gail Kundinger, City Clerk
From: Lonna Anguilm, Assistant Planner- -•-flt!f
Date: 02/18/02
Re: Policy For Procedure for Acquisition and Disposition of Residential
Properties
Attached are the proposed changes to the "Policy and Procedure for Acquisition and
Disposition of Residential Prope1iies". Please include this item on the agenda for
_d1~cus:s1011 at the next Community Relations Committee meeting in early March.
questions, give me a call. Thanks!
1
POLICY AND PROCEDURE FOR ACQUISITION AND DISPOSITION OF
RESIDENTIAL PROPERTIES
2002-39(dl
I. POLICY
The City Commission has set a goal to improve housing stock within our City by encouraging
home ownership. In pursuit of this goal, the City has found from time to time, properties are
made available to the City through various sources, including offerings of individuals, tax
reversion and outright purchase offerings. This policy is intended to set guidelines for the
purchase and disposition of these properties. In order to determine the need and appropriateness
of acquiring and/or disposing of any property, the City will create a committee to assess the
relationship of purchase or disposition to the criteria established.
The purpose of acquisition shall be several, as follows:
1. Prevention of loss of usable, but not maintained housing.
2. Relieve unacceptable neighborhood density.
3. Provide for neighborhood stabilization.
4. Carry out other public purposes.
5. Encouragement of home ownership.
6. Encouragement of Historical Preservation.
II. PROCEDURE
The City will review all tax reverted and vacant property to determine if any of the previously
stated purposes can be realized by the purchase, unless it has been reviewed by another
appropriate committee. The City will apply the same purposes when offer properties.
Priority of disposition shall be directed toward neighborhood stabilization.
A. A Land Reutilization Committee shall be formed to be an advisory committee to
the City Commission. It shall be the duty of the Land Reutilization Committee to
make recommendations to the City Commission relating to the acquisition and
disposition using adopted objectives. The committee shall consist of:
Two City Commissioners
One member of a neighborhood improvement organization
One officer of a financial institution
One licensed residential contractor
Two residents of the City at large
The City Manager shall appoint a member to be an Ex Officio member and shall act as
Secretary to the Committee and other departments will be consulted as required.
B. The LRC will review the lists of State reverted property. A determination of
feasibility of repair, concurrence to goals, and the marketability of the property .
S:/planning/common/property/acquisition & disposition of property
will be made. No property will be recommended for acquisition that cannot be
economically repaired and marketed unless it is determined that the structme is
necessary for the stability of the neighborhood. In cases where the market value
after repair would be less than the cost of repair, the LRC shall give weight to the
effect of the loss of a structure to the stability of the neighborhood. In the case
that appears above, the LRC shall determine that sufficient funds are available in
various programs or by private sources.
1. The LRC in making recommendation for the disposition of property will
follow the policy as stated above.
2. Primary concern will be given to stabilize neighborhoods and encourage
homeownership. It is the intent of the City to restore control of property
to the residents of the City. Such control generally promotes pride and
therefore maintenance of neighborhoods. To that end, the City will give
priority to any sale that ensures rehabilitation and/or home ownership.
3. Sale of multi-family properties shall be made as such only when the
building conforms to zoning requirements and available parking.
4. Deeds issued by the City will be conditional. A reverter clause will be
included to require the buyer to commence construction within 18 months
of the date of purchase, or the property will reve1t to the City.
C. In 1999 the City Commission approved of a new "Policy for Sale of City-Owned
Residential Properties". This policy deals more specifically with the sale of
residential lots and design criteria for residential building. This policy will
remain in force as written.
Adopted Mar ch 26 , 2002 .
Ayes : Spatar o, Warmington , Buie , Gawron, Schwei f ler, Shepherd
Nays : None
Absent: Larson
S :/planning/common/property/acquisition & disposition of property 2
AGENDA ITEM
CITY COMMISSION MEETING
March 26, 2002
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk
DATE: March 19, 2002
SUBJECT: Community Relations Committee
SUMMARY OF REQUEST: To concur with the recommendations from the Community
Relations Committee regarding the following:
Removal of Brian Chapman from the Leisure Services Board
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: Community Relations Committee recommended
approval of the action.
Kundinger, Gail \--'\ QA c..6 4 ~ ~ '1,
- ..om: Chris Jensen ([email protected]] C. I~, c__ . 0
( .mt: Tuesday, February 26, 2002 3:10 PM
To: Kundinger, Gail
Subject: Bryan Chapman and Billie Bruce
Gail,
I am requesting the replacement of Bryan Chapman on the Leisure Services
Board. His frequent absenteeism is affecting the efficiency of the
Board.
He has missed a lot of meetings and has not called before or after for
an excused absence.
I have tried to reach him numerous times to discuss Board issues and his
absenteeism with no response. He doesn't return my phone calls.
I can only assume that there is a lack of commitment and interest on his
part and therefore would like him replaced with someone who wants to be
involved.
Chris Jensen, Chair
Leisure Services
.I received a letter from Larry Spataro about Billie Bruce's absences.
I have discussed this with Billie and she will be there from now on.
She definitely cares and is involved.
(