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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 27, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. 2018-2019 Muskegon High School Community Officer Agreement Public
Safety
C. Rezoning Several Properties Planning & Economic Development
SECOND READING
D. Livability Magazine City Manager
E. Muskegon Convention Center – Owners Representative Agreement City
Manager
F. Approval of Sale: City-Owned Home at 1350 Eastwood Community &
Neighborhood Services
G. COAM (Command Officers Association of Michigan) 2019 Renewal City
Manager
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
Page 1 of 2
□ UNFINISHED BUSINESS:
A. Parking Restrictions December 1 – March 1 Public Safety
□ NEW BUSINESS:
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
561 Catherine Avenue (garage only)
1874 Manz Street
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: November 21, 2018
Here is a quick outline of the items on our very full agenda:
Note: Beth Lewis will serve as Acting City Manager at the meeting
1. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Approval of the 2018-19 contract to provide an on-site community officer for
Muskegon Public Schools. The agreement is unchanged from the current year,
with the exception of a 3% increase in cost.
c. We will consider the second reading of the rezoning of several parcels along
Houston Ave between 5th and 6th Streets.
d. Staff is seeking permission to expense $17,000 to advertise in the Muskegon
Lakeshore livability Magazine – a first-time publication for our community. The
City will be splitting this cost with our partner agencies that serve Downtown
Muskegon.
e. Staff is seeking authorization to hire Construction Simplified to act as our Owner’s
Representative throughout the design and construction of the convention center.
All parties involved in the convention center have agreed that this is the correct
process to ensure the project is completed on time and on budget.
f. Staff is seeking approval of a resolution and sale of the city-owned home at 1350
Eastwood.
g. We have settled with the Command Officers Division on a new 4-year contract.
The terms are outlined in the attached Tentative Agreement. It was approved by
their bargaining unit with only one opposition vote. We are recommending
approval.
2. Under Unfinished Business we will be proposing an updated winter parking ordinance.
3. Under the New Business, we are asking the Commission to consider the following:
a. Concurrence with the Housing Board of Appeals Order to demolish two structures.
b. CNS is seeking permission to sell the property at 1350 Eastwood. This property
was rehabilitated with the city’s HOME Program Funds.
Date: November 20, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the November 13, 2018
Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 13, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, November 13, 2018. Mr.
George Monroe, Evanston Avenue Baptist, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood Commissioners
Ken Johnson (arrived at 5:35 p.m.), Byron Turnquist, Debra Warren, Willie
German, Jr., and Dan Rinsema-Sybenga, City Manager Franklin Peterson, City
Attorney Brian Liebrandt, and Deputy City Clerk Kimberly Young.
HONORS AND AWARDS:
A. City of Muskegon Employees – Years of Service Awards
The Mayor and Commissioners congratulated and thanked city employees for
various levels of years of distinguished, loyal service. Certificates of Appreciation
were presented to those employees that were in attendance.
2018-80 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the October 12, 2018 Goal
Setting Meeting and the October 23, 2018 Regular Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Purchase of 567 Leonard Avenue Community & Neighborhood
Services
SUMMARY OF REQUEST: To approve the purchase of home located at 567
Leonard Avenue in Jackson Hill Neighborhood for the price of $35,000.
Page 1 of 6
After the sale, CNS will rehabilitate the single family dwelling as part of the HOME
funded Homebuyers Program.
FINANCIAL IMPACT: The funding used for the purchase and rehabilitation
will come from 2018 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
property.
D. Set Public Hearing for Amendment to the Downtown Development Plan
and Tax Increment Financing Plan Planning & Economic Development
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
an amendment to the Downtown Development (DDA) Plan and Tax Increment
Financing (TIF) Plan, and notifying the taxing jurisdictions of the plan amendment
including the opportunity to express their views and recommendations
regarding the proposed amendment at the public hearing. The proposed
amendment is to add certain properties to the tax capture.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority
unanimously approved the proposed amendment at their October 30 meeting.
E. State Revolving Fund – Sewer Project Administration Assistance
Department of Public Works
SUMMARY OF REQUEST: Authorize staff to extend the existing engineering
services agreement with Prein & Newhof to provide administrative assistance
during the implementation of the State Revolving Fund (SRF) sewer projects in
2019 and 2020.
Prein & Newhof completed the preliminary plan for sewer upgrades that
resulted in funding through the MDEQ for approximately $7.7 Million in sewer
upgrade projects for 2019 and 2020. Staff would like to retain Prein & Newhof’s
services to assist in the administration and oversight of these projects to ensure
compliance with MDEQ requirements and successful implementation of the
projects.
FINANCIAL IMPACT: $10,000
BUDGET ACTION REQUIRED: Allocate an additional $10,000 to the already
existing engineering services agreement. This will be addressed in the 1st Quarter
Reforecast.
STAFF RECOMMENDATION: Authorize staff to extend the existing engineering
service agreement with Prein & Newhof.
Page 2 of 6
F. Replacement of Storage Area Network (SAN) Information Technology
SUMMARY OF REQUEST: Currently we have a Storage Area Network (SAN) array
that holds 50 virtualized servers covering all City functions. The industry standard
is to replace such critical SAN units every five years; currently, we are
approaching year seven.
We have spent months meeting with multiple vendors reviewing products and
associated quotes. We are recommending the Tegile array proposal for the City
of Muskegon. Of the three submitted, Tegile came in at the lowest price and
provides the best long-term value in features and performance.
Tegile units are also used in the Muskegon Central Dispatch datacenter and
having the same technology is beneficial to both.
FINANCIAL IMPACT: $49,766.02
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the Tegile quote for $49,766.02.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented, except item B.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2018-81 REMOVED FROM CONSENT AGENDA:
B. Request for Authorization to Sign Planning & Economic Development
SUMMARY OF REQUEST: Request to authorize Mike Franzak from the Planning
Department to sign purchase agreements on closing documents for property
transactions on behalf of the City.
FINANCIALM IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval to authorize.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to authorize Mike Franzak from the Planning Department to sign purchase
agreements and closing documents for commission approved property
transactions on behalf of the City.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
Page 3 of 6
2018-82 NEW BUSINESS:
A. Rezoning Several Properties Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to rezone 372, 380, 388, 394, 398,
406, 414 Houston Avenue; and 1148 6th Street from R-3, High-Density Single-Family
Residential to Form Based Code, Urban Residential to allow for more housing
options.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the rezonings (plus the rezonings of 1246, 1252, and 1258 5th Street)
by a 7-1 vote, with one member absent, at the October 4 Special Planning
Commission meeting. Staff has recently recently recommended to remove 1246,
1252, and 1258 5th Street from the request due to comments from the public.
Motion by Commission Rinsema-Sybenga, second by Commissioner Johnson, to
approve the rezonings.
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: German
MOTION PASSES
SECOND READING REQUIRED
B. Parking Restrictions December 1 – April 1 Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission approve the changes for Chapter 92, L09 of the ordinance
regarding the snow emergency parking between December 1 and April 1.
• Parking will be allowed between 5:00 am and 5:00 pm on odd or even
calendar days based on the odd and even numbered street addresses.
• Between 5:00 pm and 5:00 am parking will be allowed on both sides of
the street.
• Where parking is currently allowed only on one side of the street, parking is
allowed, except between the hours of 2:00 am – 6:00 am.
• On Western Avenue, between 7th Street and Terrace Street, parking is
allowed except between the hours of 2:00 am and 6:00 am.
• All signed parking restrictions apply all days of the week.
• This Section applies to every portion of every block of every city street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
Page 4 of 6
STAFF RECOMMENDATION: Staff recommends approval of the Parking
Restrictions changes to the Code of Ordinances.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the Parking Restrictions Changes to the Code of Ordinances.
Motion to table this item until November 27, 2018 so that some changes
can be made.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, Hood, and Warren
Nays: None
MOTION PASSES
Original Motion not voted on.
C. Short Term Rental Discussion City Manager
City Manager Frank Peterson and Public Safety Director Jeffrey Lewis presented
information on a proposed Short Term Rental Ordinance. The Commissioners
were provided with a copy of the proposed ordinance for review. This item will
be considered in the near future.
D. Disposition of 1021 Jefferson City Manager
SUMMARY OF REQUEST: Staff has received multiple purchase offers and
development proposals for the city-owned employee parking lot on the corner
of Apple and Jefferson. Staff is seeking permission to execute a Letter of Intent
to sell 1021 Jefferson Street to General Capital in anticipation of constructing a
73-unit housing developments focused on providing quality workforce housing.
STAFF RECOMMENDATION: Staff recommends approval of the request.
Motion by Commission Johnson, second by Commissioner Rinsema-Sybenga, to
approve the request to execute a Letter of Intent to sell 1021 Jefferson Street to
General Capital in anticipation of constructing a 73-unit housing development.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
E. Letter of Intent with Mart Dock City Manager
SUMMARY OF REQUEST: Staff is seeking permission to enter into a Letter of Intent
with Mart Dock with the goal of determining the feasibility of swapping their
property commonly referred to as the Third Street Dock with our property
commonly referred to as Fisherman’s Landing. The goal of the swap would be to
relocate all of the Mart Dock’s shipping operations away from their downtown
location to the city property adjacent to the BC Cobb site. The downtown site
would be redeveloped into a mixture of public space, residential, and
commercial uses. This agreement does not commit either party to the sway, but
Page 5 of 6
rather gives both parties time/access to study the feasibility of the complicated
transaction.
STAFF RECOMMENDATION: Staff recommends approval of the request.
Motion by Commission Rinsema-Sybenga, second by Commissioner Warren, to
approve the request to execute a Letter of Intent with Mart Dock.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, German, Rinsema-Sybenga,
and Turnquist
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Warren is still interested in having a
meeting/workshop for the general public to learn how they can become
involved in local government and will be working with Ann on this matter.
Commissioner Warren also inquired about a Park inventory. LeighAnn Mikesell
indicated that she and Bernadette Young, Parks Supervisor, had recently
discussed the same and were preparing a prioritized list of wants and needs,
including some restructuring, etc.
Commissioner Johnson asked how things were going at McGraft Park in
reference to the disc golf course. LeighAnn Mikesell indicated that tree trimming
and pruning is under way and currently intends to be ready to re-open the disc
golf in the Spring of 2019.
Commissioner Rinsema-Sybenga explained the Community Relations
Spreadsheet that was provided for review as the time to fill vacancies and make
appointments and re-appointments is drawing near.
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 8:02 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
Page 6 of 6
Commission Meeting Date: November 27, 2018
Date: November 20, 2018
To: Honorable Mayor and City Commission
From: Jeffrey Lewis, Director of Public Safety
RE: 2018 – 2019 Muskegon High School Community Officer
Agreement
_____________________________________________________________________
SUMMARY OF REQUEST: To approve the 2018 – 2019 Muskegon High
School Community Officer Agreement. This agreement provides Muskegon
High School with a Community Officer during the nine months school is in
session.
FINANCIAL IMPACT: Muskegon Public Schools agrees to pay the City of
Muskegon $2,533.53 each month, from September 2018 through May 2019,
totaling $22,801.77.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the 2018 – 2019 Muskegon High
School Community Officer Agreement.
COMMUNITY OFFICER & MUSKEGON PUBLIC SCHOOLS
AGREEMENT
2018 - 2019
This Agreement is effective August 27, 2018 through June 11, 2019, between the
City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Muskegon Public Schools, of 349 West
Webster, Muskegon, Michigan, 49440 (“MPS”), with reference to the following facts:
Background
A. City and MPS have determined that it is in each of their best interests to
continue police services at the Muskegon High School (“MHS”).
B. City has agreed to provide a police officer to be on patrol at MHS. At all
times the officer assigned to work at MHS shall be a City police officer and, as such
an employee of the City. Duties will be decided between mutual parties. However, it
is agreed that a component of the role is to help establish a positive, safe learning
environment at MHS and develop positive relationships with the student body.
C. MPS has agreed to pay the City a flat rate according to nine (9) months of
service. The community officer will report to the MHS principal.
It is therefore agreed:
1. Officer. City shall provide a police officer to be on patrol at MHS during
MHS’s published academic calendar year, commencing September 4, 2018 (which
shall not include any published vacation days or summer school sessions. i.e.
Christmas break, mid-winter break, Thanksgiving break, Professional Development
days, Good Friday, Hackley Day or Memorial Day). The officer shall be present at
MHS during hours which are mutually agreeable between the City and MPS.
2. Payment. MPS shall pay $2,533.53 on the first of EACH MONTH, as
invoiced, commencing September 4, 2018 through June 11, 2019. Total payment
will not exceed $22,801.77.
3. Term: Termination. The term of this Agreement shall be for one year
from August 27, 2018 through June 11, 2019, and may be renewed annually by
mutual agreement. This Agreement may be terminated before the end of its term by
subsequent written agreement, which shall be signed by both parties.
4. Venue. The parties agree that for purposes of any dispute in connection
with this agreement, the Muskegon County Court shall have exclusive jurisdiction
and venue.
MUSKEGON PUBLIC SCHOOLS CITY OF MUSKEGON
By: _____________________________ By:
____________________________
Name: Justin M. Jennings Name: Stephen J. Gawron
Title: Superintendent Title: Mayor
Date: ___________________________ Date:
__________________________
Commission Meeting Date: November 27, 2018
Date: November 26, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning Several Properties – SECOND READING
SUMMARY OF REQUEST:
Staff initiated request to rezone 372, 380, 388, 394, 398, 406, 414 Houston Ave; and 1148 6th St
from R-3, High-Density Single-Family Residential to Form Based Code, Urban Residential to allow
for more housing options.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the rezonings.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the rezonings (plus the rezonings of
1246, 1252 and 1258 5th St) by a 7-1 vote, with one member absent, at the October 4
Special Planning Commission meeting. Staff has recently recommended to remove
1246, 1252 and 1258 5th St from the request due to comments from the public.
1
Planning Commission packet excerpt:
SUMMARY
1. Staff is proposing the following rezonings from dense single-family residential to
Form Based Code, Urban Residential. This would allow for more building types;
including rowhouses, duplexes and small multi-plexes (3-6) units.
2. Community EnCompass would like to build a new four-unit home on the vacant lot
at 380 Houston Ave. This lot previously held a four-unit home before it was
destroyed in a fire. Half of this block is already zoned FBC, UR and hosts several
large homes. This block could adequately support larger homes with the large alley
and lots that could support multiple cars parking in the rear.
3. Community EnCompass also has developed plans to build attached homes on the
three lots at 1246-1258 5th St, which are owned by the City and County.
4. Please see the enclosed sections of the Form Based Code, including the Urban
Residential Context Area and the associated housing types that are allowed.
5. Please see the enclosed letter of support (for the 1246,1252 and 1258 5th St
properties) from the Nelson Neighborhood Improvement Association.
6. This request was tabled at the August 16 Planning Commission meeting. Staff
delivered a presentation at the September 19 Nelson Neighborhood Improvement
Association meeting. Many in attendance were not supportive of additional attached
units in the neighborhood.
NELSON NEIGHBORHOOD HOUSING STATS
Below is an overview of the housing types in Nelson Neighborhood, according to the
2015 Target Marker Analysis. These are measured by units, not individual buildings.
Example: 350 duplex units would indicate there are 150 duplex structures.
Rent/Own
• Renter Occupied: 2,058 (53%)
• Owner Occupied: 1,792 (46.5%)
Housing Units by Total Units in the Structure
• Single Family, detached: 947 (46.7%)
• Duplex: 350 (17.3%)
• 3-4 Units: 204 (10%)
• 5-9 Units: 67 (3.3%)
• 10-19 Units: 18 (0.9%)
• 20-49 Units: 74 (3.6%)
• 50 or more: 314 (15.5%)
2
HOUSING STATS MAP
Green = Single-Family Rental Blue = Duplex Purple = Small Multi-Plex Yellow=
Large Multi-Plex
3
This map was prepared in 2017 with statistics gathered by staff from analyzing assessment records
in BS&A
1246, 1252, 1258 5th St
380 Houston Ave (Community EnCompass Property)
4
Existing Homes in the same block as 380 Houston Ave
Zoning Map
5
Aerial Map (Please note the map is outdated. All parcels at 1246, 1252 and 1258 5th St
are now vacant)
Size Standards by Housing Type
6
Community EnCompass Proposals
Below are renderings for the two Community EnCompass projects. Please keep in mind
that this is not a site plan review and other housing types could be placed on these lots in the
event the rezonings are approved.
7
STAFF RECOMMENDATION
Staff recommends approval of the request because it follows the recommendations of all of
the recent planning efforts, including the Master Plan, Imagine Muskegon and the
Downtown and Lakeshore Redevelopment Plan, as noted below. Also, the housing types
allowed in the Form Based Code match what is recommended in the Target Market
Analysis. Explanations of how this request relates to these plans/studies are in red.
1997 Master Land Use Plan
• Zoning regulations associated with the conversion of single-family homes to
multiple-family use should contain standards ensuring that converted dwellings have
sufficient on-site parking, suitable locations for trash receptacles which are
customarily stored out of doors, sufficient yard/play areas, and exterior façade
controls.
Form Based Code requires duplexes and small multiplexes to be built to certain
standards, so the chance of converting an existing single-family home to multi-
family is extremely low. Form Based Code will also require all homes to be built on
appropriate sized lots (see the “Size Standards by Housing Type” chart). Form
Based Code also has more stringent design standards, which match the design types
of existing homes in the neighborhood. The code also encourages alley usage for
cars and trash receptacles.
• Promote ongoing housing in-fill programs. As part of the in-fill effort, work with
area builders to determine possible joint public/private partnerships for the
construction of affordable housing.
Form Based Code allows for a wide selection of unit sizes and price points. It will
also ensure that infill development is built to the scale of the existing neighborhood.
2003 Imagine Muskegon Plan
• Downtown should be designed to accommodate various age groups, socio-economic
backgrounds, and cultural and racial heritage.
The 2015 Target Market Analysis states that a majority of these types of target
markets are looking to locate in attached units, which could be achieved through
Form Based Code. Single-family housing, which limits housing options, is the only
legal conforming use is R-1, R-2 and R-3 districts, which is the majority of Nelson
neighborhood.
• A mix of housing opportunities that provide choices to a wide range of people,
including high-quality, affordable apartments, condominiums, cottages, and single-
family homes.
Single-family zoning dominates the Nelson Neighborhood. Large apartment
buildings are starting to become popular downtown. However, we have a lack of
“missing middle” housing, which can be achieved through Form Based Code.
2008 Downtown and Lakeshore Redevelopment Plan
• Context sensitive architecture will reflect the character of existing buildings.
• Amend the zoning ordinance to provide standards regulating architecture, site
8
utilization, landscaping, window coverage, pedestrian amenities, and building form,
so new buildings integrate well with existing structures.
Form Based Code requires stringent design guidelines that were created to fit in with
the existing scale and architecture of the neighborhood.
2015 Target Market Analysis
• By a conservative estimate, Nelson neighborhood could support 110 attached units
per year over the next 5 years. Compared to only 8 to 10 single family homes.
• Almost 70% of the target markets identified are seeking attached units.
We see that there is a demand for attached units, which could be met through Form
Based Code. There are currently only 23 vacant lots in the Nelson neighborhood that
would allow for “missing middle” housing types. See map below.
During the workshops for the creation of the Form Based Code, attendees were asked to
prioritize the following goals. The top two selected relate to the current rezoning request.
1. Facilitating higher density development/adding new residents to the
downtown
2. Fostering economic development/building the tax base for the city.
3. Balancing transportation modes/enhancing choices (i.e. walk, bike, transit,
vehicle)
4. Providing access to businesses, community attractions, and schools
5. Supporting transit ridership through available parking (park n’ ride)
6. Providing ample and affordable parking
9
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 372, 380,
388, 394, 398, 406 and 414 Houston Ave; and 1148 6th St to Form Based Code, Urban
Residential.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for several
properties to Form Based Code, Urban Residential.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
10
CERTIFICATE (Rezoning of 372, 380, 388, 394, 398, 406 and 414 Houston Ave; and 1148 6th St
to Form Based Code, Urban Residential)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 23rd day of October, 2018, 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 the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33
of 2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2018 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
11
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 23, 2018, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning for 372, 380, 388, 394,
398, 406 and 414 Houston Ave; and 1148 6th St to Form Based Code, Urban Residential.
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 ____________________, 2018 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
12
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: November 19, 2018
RE: Livability Magazine
SUMMARY OF REQUEST:
Muskegon Lakeshore Chamber is producing the first in an annual series of magazines focused on
attracting residents to the Muskegon Area. The Downtown organizations are looking to have a large
presence in this magazine by purchasing a three-page fold-out of the rear cover. City staff asked to
partner with the Downtown agencies in an effort to expand that marketing into the rest of the city.
The city will be reimbursed for 2/3 of the $17,115.00 cost. The joint advertisement will now focus on
livability from the Lakeshore to the Downtown, and will also include living options in the City’s central
and eastern neighborhoods.
FINANCIAL IMPACT:
$17,115.00
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the advertising agreement with Journal Communications in the amount of $17,115.00, and
authorize the City Manager to sign.
COMMITTEE RECOMMENDATION:
None.
INVOICE DATE
11/07/18
ACCOUNT NO
725 Cool Springs Blvd. - Suite 400
10005341
Franklin, Tennessee 37067
(615) 771-0080 - FAX (615) 771-0079 CONTRACT
086501
Livability Muskegon, Michigan 2019 Edition
INVOICE#
BILL TO: ADVERTISER: 096859
Frank Peterson
City of Muskegon City of Muskegon
933 Terrace Street 933 Terrace Street
Muskegon , MI 49443-0536 Muskegon , MI 49443-0536
Voice 231-724-6724
TERMS: _
SALESPERSON: _
ISSUE SIZE DESCRIPTION FREQ RATE CARD AMOUNT
01 3FP COLOR, 3 Full Pages 001 2019
COMPLIMENTARY COPIES
300 Magazines S & H
01 MREC Online,Medium Rectangle 001 2019
01 FPP COLOR, FULL PAGE PREMIUM 001 2019
Subtotal: 17,115.00
Total Due: 17,115.00
TOTAL NET DUE 17,115.00 USD
50% payment of total due payable upon receipt. Balance invoiced at pub. Payments can be made at Livability.com/payment
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Send bottom portion with your payment -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DATE
11/07/18
ACCOUNT NO
10005341
For questions or payment by credit card (VISA, MC, or AMEX)
please call (800) 333-8842 Frank Peterson CONTRACT
City of Muskegon
Livability Muskegon, Michigan 086501
933 Terrace Street
Muskegon , MI 49443-0536 INVOICE#
Make checks payable to:
096859
Journal Communications, Inc.
TOTAL NET DUE
725 Cool Springs Blvd. - Suite 400
Franklin, Tennessee 37067 17,115.00 USD
REMITTANCE AMOUNT
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: November 19, 2018
RE: Muskegon Convention Center – Owners Representative Agreement
SUMMARY OF REQUEST:
City and County staff are recommending that the City of Muskegon formally engage Construction
Simplified to act as the owner’s representative on the Convention Center Project. As the owner’s
representative, Construction Simplified will assist through each phase of the project – including
design, pre-construction, construction, and a warranty period.
FINANCIAL IMPACT:
$206,858
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the agreement with Construction Simplified and authorize the City Manager to sign.
COMMITTEE RECOMMENDATION:
None.
Owner’s Representative
Initial Proposal & Agreement
Date: July 26, 2018
Client: City of Muskegon
Frank Peterson
933 Terrace St.
Muskegon, MI 49443
Project: Muskegon County Convention Center
Construction Simplified (CS) is hereby proposing to provide the Owner Representation services throughout all
phases of the new Muskegon County Convention Center project as requested by the City of Muskegon, as defined
below, and in the attached drafted Owner’s Rep Scope Matrix. It is understood that additions and deletions from this
content will be expected in the normal process of full scope delineation, however this is to provide a general
understanding of the services to be provided.
CS will be the single point of management throughout the entire design, preconstruction, construction and closeout
process serving as an extension of the clients’ existing staff, working directly with the A/E, consultants, and to be
hired Construction Manager. We’ve attached an initial project master schedule that would be used as the foundation
to get all parties aligned, recognizing and driving towards appropriate timelines of completion.
Here is a generalized summary of our Owner’s Representative services and are provided in detail in the attached.
• Advising the owner on project delivery systems and forms of contracts
• Serving as a single point of contact between contractors and designers
• Representing the owner at all key meetings
• Monitoring the project schedule and budget
• Auditing quality assurance/quality control procedures
• Assisting in evaluating contractor payment requests
• Facilitating issue resolution
Design & Pre-Construction Services: Initially, we’ve estimated this phases duration from current to end of 2018,
based upon the attached master project schedule. This equals to a total duration of (22) weeks. We propose a
lump sum fee for this phase of $54,005 for the below responsibilities. A detailed phase breakout of the pricing
can also be found on the attached Owner’s Rep Scope Matrix submitted with this proposal.
• Establishment and maintenance of communications procedures
• Master & Construction project budget development assistance
• Master schedule development and construction schedule verification
• Identifying phasing alternatives and establishing milestones
• Specialty consultant selection advisory; if needed
• Solicitation and lead in hiring the project Construction Manager,
• Review and monitor CM’s cost estimating and value engineering analysis
• General conditions and contract requirements advisory, including site logistics assessment
• Constructability and bid-ability reviews
• Bid phase management, scope review, and subcontractor buyout
City of Muskegon
Owner’s Rep Proposal Page 1 Muskegon County Convention Center
Construction Phase Services: We’ve estimated this the overall construction duration to last (15) +/- months from
the start as shown on our project schedule, finishing Spring 2020. However, this would need to be reviewed and
verified during the CM selection and any adjustment to the overall duration would be modified in the OR Agreement.
We propose a lump sum fee for this phase of $137,013 for the below responsibilities.
• Contract administration and management
• Schedule management and monitoring
• Cost control oversight with detailed Change Order Management
• Professional on-site construction review and leadership at all job coordination meetings
• Regular inspection and quality assurance enforcement
• Progress and financial reporting
• Documentation and file maintenance
• Open item tracking and reporting
• Issue avoidance and dispute resolution
Closeout Phase Services: We’ve estimated a short effort to assist and lead in the full and quick closeout of the
project, including final punchlist verification, all warranty collections, final payment reconciliations, and closeout
document administration. We propose a lump sum fee for this phase of $3,840 for these responsibilities.
Warranty Phase Services: Given the inability to forecast warranty issues during the 1-year period, we would
suggest carrying an allowance $12,000 for our services to handle issues that may arise. This work would be billed
time & material at a rate of $150/hr for services rendered.
We look forward to working with you and we are excited to help you to deliver the City’s and County’s project on time,
under budget, and an overall enjoyable, exciting, and simple project. If in acceptance of this proposal, we would like
review the scope in detail and the attached sample agreement so we can move towards full execution. In the
meantime, by execution of this proposal, we are ready and willing to start immediately on your behalf. Please contact
us with any questions and we appreciate the opportunity!
Sincerely:
Brent Gibson, President Steve Penfield, Partner Jeff Salowitz, Partner
I hereby execute and agree to the terms set forth in the above proposal:
Client: Frank Peterson, City of Muskegon Signature:
Date:
City of Muskegon
Owner’s Rep Proposal Page 2 Muskegon County Convention Center
Muskegon County Convention Center
Master Project Schedule - Conceptual
ID Task Name Duration % Start Finish
Complete September 1 January 1 May 1 September 1 January 1 May 1 September 1 January 1 May 1 Septem
7/2 8/27 10/22 12/17 2/11 4/8 6/3 7/29 9/23 11/18 1/13 3/9 5/4 6/29 8/24 10/19 12/14 2/8 4/5 5/31 7/26
1 Design & Preconstruction 170 days 0% Mon 7/30/18 Fri 3/22/19 Design & Preconstruction
2 Pre-Design - Getting up to speed 4 wks 0% Mon 7/30/18 Fri 8/24/18 Pre-Design - Getting up to speed
3 Schematic Design 6 wks 0% Mon 8/27/18 Fri 10/5/18 Schematic Design
4 Design Development 8 wks 0% Mon 10/8/18 Fri 11/30/18 Design Development
5 CM Procurement Process 4 wks 0% Mon 11/5/18 Fri 11/30/18 CM Procurement Process
6 Early Start Bid & Procurement Subs 4 wks 0% Mon 12/3/18 Fri 12/28/18 Early Start Bid & Procurement Subs
7 Construction Documents 12 wks 0% Mon 12/3/18 Fri 2/22/19 Construction Documents
8 Bidding Process - Subcontractor and Supply 4 wks 0% Mon 2/25/19 Fri 3/22/19 Bidding Process - Subcontractor and Supply
9 Construction Phase 325 days 0% Mon 12/31/18 Fri 3/27/20 Construction Phase
10 Construction Start - Early Tasks 9 wks 0% Mon 12/31/18 Fri 3/1/19 Construction Start - Early Tasks
11 Construction Process 14 mons 0% Mon 3/4/19 Fri 3/27/20 Construction Process
12 Contractual Turnover & Operations Date 0 days 0% Wed 1/1/20 Wed 1/1/20 1/1 Contractual Turnover & Operations Date
13 Close-out 8 wks 0% Mon 3/30/20 Fri 5/22/20 Close-out
14 Warranty Period 52 wks 0% Mon 3/30/20 Fri 3/26/21 Warranty Period
Project: Muskegon Convention Center - Conceptual Schedule 7.26.18
Date: Thu 7/26/18 Page 1 of 1
Owner's Representative Scope Matrix
Project: Muskegon County Convention Center Date: 7/26/2018
Client: Frank Peterson
The following matrix identifies the scope options for Owner's Representative services provided by Construction Simplified for the City of Muskegon
projects.
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Pre-Design - (1) Month July 30, 2018 - August 24, 2018 $ 10,200.00
Review Owner’s master plan and the project as presented.
Review scope, program and costs to understand the Owner’s X 2
goals for the project.
Advise the Owner on the formation of committees for the
selection of project consultants and any committed stakeholders Continuous &
for the purposes of design review, finish review, and making
X
Ongoing
systems, material, and equipment decisions.
Assist the Owner with a review of the selected delivery method
and its impact on the project.
X 2
Prepare detailed project criteria (program, outline specifications,
etc.) in order to define the expected project quality and X 1
performance outcomes prior to procurement.
Determine what consultants and services will be necessary to
deliver the project in compliance with all applicable
Federal/State/Local regulations, and oversee the permitting,
procurement, contracting, monitoring, and management of all X 4-8
project consultants, design professionals, construction manager /
general contractors, subcontractors and vendors, and their
associated scope, on behalf of the Owner.
Assist with selection of consultants through a qualifying and
selection process that are not part of the architect’s, Construction
Manager / General Contractor's team but will have contracts with X 4-8
Owner, such as environmental, geotechnical, third party testing
and inspections, FF&E, technology, etc.
Assist the Owner with the development and review of contracts
with consultants and assist in the negotiation of fees and X 2-4
contracts with consultants.
Identify all State and Local agencies that will be utilized during
the review process and oversee the submittal process. This will Assumed City of
include coordination of all road improvements and site
X - Muskegon responsibility.
development requirements with State and Local agencies.
Assist the Owner in managing environmental, geotechnical, and
other consultants to define the project existing conditions in X 8-16
preparation for construction or demolition work.
Construction Simplified - Owners Rep Scope Matrix
Page 1 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Assist in the development and update of a Master Budget to be
tracked from start to completion of the project. Maintain Initial
accountability to the budget, assist the Owner with monitoring,
Development
identify cost savings and design options/products, maintain and X
review project costs to confirm that the project is designed within + continuous &
the budget and to avoid value engineering at the end of the ongoing
design process.
Compile and update Master Schedule milestones for all design Initial
phases, design review, bidding activities, purchase of major
Development
equipment, lead times for fixtures and equipment, coordination X
of activities outside construction, and coordination of all key + continuous &
points leading to project turnover, completion, and warranty. ongoing
Establish Owner’s Representative as the central point of contact
for coordinating all project activities including process for
approvals, maintenance of project records, responses to inquiries
Continuous &
from Construction Manager / General Contractors, design X
professionals, consultants, suppliers and subcontractors, transfer Ongoing
of information to decision makers, coordination of project
information flow and progress reports to the Owner.
Assist the Owner with developing, implementing and coordinating
technology needs. Assist with the selection of consultants and X 4-8
vendors as needed.
Assist with Schematic Design - (6) Weeks August 27, 2018 - October 5, 2018 $ 7,200.00
Orchestrate initial reviews with the State and Local agencies with
jurisdiction over the project and understand the process that Continuous &
must be followed for final approvals. Include in Master Schedule
X
Ongoing
as applicable.
Initiate a project review process to review, at a minimum, design
options for interior and exterior, high performance design, Continuous &
occupant safety, code compliance, and overall adherence to
X
Ongoing
project program.
Review product selection and project specifications for ease of
maintenance, warranties, and environmentally responsible
products and solicit input from maintenance personnel to Continuous &
standardize equipment and construction materials. Verify that
X
Ongoing
selected materials are consistent with the quality standards
established for the project.
Facilitate the review of the interior design by the Owner,
document decisions and verify that final design and installation is
Continuous &
consistent with the finish selections made. Take necessary action X
such that Architect and Interior designer provides finish board Ongoing
upon approval of the interior design.
Maintain design team accountability to the design intent as
Continuous &
described in the project scope and detailed project criteria X
established in the procurement stage. Ongoing
Provide status reports to the Owner summarizing progress,
Continuous &
schedule and cost status, major decisions, changes and other X
key project information. Ongoing
Oversee the establishment of a schematic design estimate and
take necessary action such that project is within budget prior to
Continuous &
proceeding to Design Development. If a GMP is provided at X
Schematic Design, review GMP for conformance with project Ongoing
quality and performance criteria.
Construction Simplified - Owners Rep Scope Matrix
Page 2 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Assist the Owner in their review and approval of schematic Continuous &
design.
X
Ongoing
Assist with Design Development - (6-8) Weeks October 8, 2018 - November 30, 2018 $ 9,600.00
Assist the Owner in developing FF&E requirements including
inventory of all existing FF&E. Monitor FF&E budget for
compliance within the project budget. Assist the Owner with the X
selection of an FF&E vendor or if included in the design team’s
scope, review all decisions with the Owner.
Assist in a maintenance and operations review of the project
design. Facilitate attendance and involvement of maintenance X
staff or a knowledgeable O&M committee for review of design. 48-64 hrs
Initiate project review of drawings, specifications, and cost
estimate with Owner for review prior to proceeding to
Construction Documents. Confirm conformance with detailed
X
project criteria.
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information.
CM Procurement Process - (3-4) Weeks November 5, 2018 - November 30, 2018 $ 6,935.00
Review, define, and understand the best type of contract to
proceed with.
X 4
Create, produce and release Request for Qaulifications (RFQ) to
CM's
X 8
Review CM submissions and approve RFQ X 8
Create Request for Proposal, Review CM proposals and Select
CM.
X 16
Contract with CM X 8
Assist with Construction Documents - (10-12) Weeks December 3, 2018 - February 22, 2019 $ 11,160.00
Orchestrate and assist the Owner in the review of construction
documents, specifications and cost estimates for approval of
construction documents. Confirm quality standards are
X 16-24
maintained, and detailed project criteria are met.
Coordinate acceptance of the Construction Documents and
finalize pricing.
X 16
Assist the Owner with development of a maintenance plan based
on the approved design specifications.
X 8
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X 3/week
key project information.
Lead Review on the CM Bidding Process - (4) Weeks February 25, 2019 - March 22, 2019 $ 8,910.00
Confirm that the permit process is completed prior to start of
construction, that an early start permit has been obtained if X 16
necessary, and coordinate with agencies affected.
Coordinate and review any modifications to pricing with the
Owner.
X 8
Review insurance and bonding requirements. Ensure
Construction Manager / General Contractor insurance certificates X 2
meet the requirements of the Owner.
Construction Simplified - Owners Rep Scope Matrix
Page 3 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Review subcontractor bids and process and confirm that an open
and competitive process has been followed in obtaining a
sufficient quantity of bids from subcontractors, assist in the
review of bids and subcontractor selection, and take necessary
X 40
action such that subcontractors are properly insured per the
Owner's requirements.
Oversee Construction Process - (15) Months March 4, 2019 - March 27, 2020 $ 137,013.00
Take all necessary action such that terms of the contract are
enforced on behalf of the Owner.
X 8-16 / week
Assist with the development of a safety plan for the construction
site. Monitor safety compliance with all Federal/State/Local
requirements (not limited to OSHA, EPA, and EEO) thru the
X
Construction Manager / General Contractor.
Assist with the development of a site logistics plan indicating the
placement of construction trailers, fences, signage, staging X
areas, and construction traffic zones.
Attend Construction Meetings as established (weekly or
bi‐weekly) by the Construction Manager / General Contractor.
X
Confirm that submittals are aligned with quality standards and
detailed project criteria established in procurement and GMP
stages. Ensure that any deviation in quality is approved by
X
Owner.
Review construction progress as provided by the Construction
Manager / General Contractor and take necessary action such
that weekly minutes are accurate (including but not limited to X
construction progress, cost concerns, schedule, and outstanding
issues).
Advise the Owner on issues including construction costs,
schedule, coordination, and owner occupancy. Notify the Owner if X Continuous &
there is deviation from project progress. Ongoing
Verify and document that inspections and testing reports take
place as required. Review reports to take necessary action such X
that deficiencies are addressed.
Photograph construction progress. Provide observations
regarding quality of workmanship, conformity to plans and specs.
Address corrective measures to mitigate and correct
non‐conforming workmanship per the Contract Documents as X
identified by the Architect or Construction Manager / General
Contractor. Notify the Owner of non‐conforming work with the
Contract Documents and methods to resolve the issues.
Participate as part of the communications and distribution of
construction directives including, but not limited to Request For
Information (RFI), Potential Change Order (PCO), Bulletins, X
Proposals Requests, Change Orders (CO) and Architectural
Supplemental Information (ASI) actions.
Lead the review of Pending Change Orders and provide the
owner with a summary report and suggested action log, including X
overall budget update.
Construction Simplified - Owners Rep Scope Matrix
Page 4 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Lead the Change Management process by providing review,
comment and assistance of the Owner's requested project X
changes.
Resolve any disputes or claims prior to final approval or denial of
a Change Order.
X
Review appropriateness of each pay application with the design
team and take necessary action such that lien/claim releases are
executed and included with all pay applications and all disputes
X
or claims are resolved prior to approval of a pay application.
Continuous &
Solicit and receive bids, coordinate delivery and installation for Ongoing
Owner purchased items which are contracted through the Owner X
including but not limited to FF&E.
Assist with coordinating environmental and abatement work with
demolition and construction activities as it applies to the project.
X
Assist with scheduling and implementation of technology and
security as it applies to the project.
X
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information.
Assist With the Close-Out of the Project - (8) Weeks March 30, 2020 - May 22, 2020 $ 3,840.00
Take necessary action such that there is a seamless handover to
the Owner from the Construction Manager / General Contractor.
X
Oversee that all Third Party inspections are complete and all
violations are corrected to allow for the issuance of a final X
certificate of occupancy (CO).
Schedule and assist the Owner in developing punch lists for the
project completion and attend all walk-throughs.
X
Coordinate and attend the training of staff on all systems
including but not limited to mechanical, lighting, new equipment,
etc. Verify that the Owner has been adequately trained in
X
systems.
Coordinate the moving of new/old/stored furnishings and
equipment into the completed facility.
X Continuous &
Ongoing
Coordinate transfer of stock supplies of materials to the Owner
as indicated in the specs or construction agreement.
X
Assist the Owner in the collection of all close-out documents and
the acceptance of punch lists, Operational /Maintenance
Manuals/Warranties, copies of construction drawings (including
any as‐builts or mark‐ups by contractor during construction),
X
specifications, shop drawings, construction directives, photos,
and videos.
Provide description of final budget with record of expenditures. X
Assist the Owner in acceptance and issuance of the final pay
application has been completed.
X
Construction Simplified - Owners Rep Scope Matrix
Page 5 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Initiate a team evaluation of the process and final product and Continuous &
include lessons learned for all participants.
X
Ongoing
Assist the Owner During the Warranty Period - 1 year beyond construction
Assist the Owner with determining the warranty period. If an
extended warranty is considered, assist the Owner with
understanding the cost and value associated with extended X
warranties to evaluate if the Owner wants to consider for
additional cost.
Schedule the 11 month warranty walk through with the design
X T&M @
team if the warranty is minimum of 1 year. $150/hr
Schedule the additional warranty walk throughs as required (e.g., Estimated (80)
X
23 month walk through). hours or
Assist the Owner with building issues/complaints and determine $12,000 for
necessary steps to take to address these items. Address budget
warranty items to confirm the requirements of the warranty are
X
purposes
met.
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information affected through the warranty period.
Construction Simplified - Owners Rep Scope Matrix
Page 6 of 7
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Limitations of Authority - The Owner’s Representative shall NOT:
Authorize deviations from the Contract Documents. Not Provided
Approve substitute materials or equipment except as authorized
Not Provided
in writing by the Architect and the Owner.
Personally conduct or participate in tests or third party
Not Provided
inspections.
Assume any of the responsibilities of the Construction Manager /
Not Provided
General Contractor or of subcontractors.
Expedite the work for the Construction Manager / General
Not Provided
Contractor.
Have control over or charge of or be responsible for construction
means, methods, techniques, sequences or procedures, or for Not Provided
safety precautions and programs in connection with the work.
Issue a Certificate for Payment or Certificate of Substantial
Not Provided
Completion or sign on the Owner's behalf.
Prepare or certify the preparation of a record copy of the
drawings, specifications, addenda, Change Orders and other Not Provided
modifications.
Reject work or require special inspection or testing except as
Not Provided
authorized in writing by the Architect.
Accept, distribute or transmit submittals made by the
Construction Manager / General Contractor that are not required Not Provided
by the Contract Documents.
Order the Construction Manager / General Contractor to stop the
work or any portion thereof, except for safety reasons that Not Provided
immediately affect the life and safety of any staff or person.
Additional Services Proposed by Owner
Construction Simplified - Owners Rep Scope Matrix
Page 7 of 7
OWNER’S REPRESENTATIVE AGREEMENT
This OWNER’S REPRESENTATIVE SERVICES AGREEMENT (this “Agreement”) is made as of __ 12th day of
September, 2018 by and between City of Muskegon (“Owner”) and Construction Simplified (“Owner’s
Representative”) with respect to the construction of the new Muskegon Convention Center located downtown
Muskegon between the Holiday Inn (939 3rd St) & LC Walker Arena (470 W. Western) (the “Project”).
ARTICLE I - PROJECT MANAGEMENT SERVICES
1.01 Engagement of Owner’s Representative. Owner hereby engages Owner’s Representative as
Owner’s consultant to perform the services described herein (the “Services”) and to carry out the other obligations of
Owner’s Representative in connection with Owner’s Project. Owner’s Representative agrees to perform the Services
and to carry out its other obligations hereunder in a professional workmanlike manner and in accordance with
industry-wide practice and standards, all applicable legal requirements, and the construction documents provided by
Owner’s architect, engineers and other design professionals (the “Design Team”).
1.02 Description of Services. Owner’s Representative will perform all services required for the
proper management and supervision of the design, development, cost and construction of the Project including, but
not limited to, the following and as needed as this project is currently underway:
A. Design
1. Monitor and manage design development to conform to established Project goals.
2. Solicit, Manage, and approve Owner’s contractor(s) and/or construction manager (“Contractor”)
preliminary construction cost estimates on a periodic basis, as requested by Owner.
3. Provide value engineering ideas and comments to design team and owner.
4. Review materials, furnishings and additional Project components proposed by the Design Team.
5. Receive summary of all project Construction cost / Estimate and provide a monthly “Financial
Executive Summary” to Owner which shall also include an update as to the schedule of work and the
timing to complete the next phase of work.
6. Coordinate strategy of subcontractor and supplier procurement with Contractor(s).
7. Interview prospective subcontractors and other applicable vendors, evaluate proposals, and furnish
award recommendations to Owner.
8. Agree on price and schedule, identify warranty requirements, insurance, and applicable shop drawing
review process with Contractor and identify any phased completion issues.
9. Establish with Owner appropriate Project cost accounting structure.
10. Coordinate and attend meetings with Contractor.
Owner's Representative Agreement - MASTER Page 1
11. Oversee, comment-on, and approve design management and design schedules.
B. Construction
1. Obtain, analyze, and review subcontract bids received together with Contractor’s recommendations
and comment upon suitability and make actionable recommendation to Owner.
2. Coordinate award of subcontracts by Contractor and make recommendations to Owner.
3. Review and comment upon Contractor’s assessment of proposed change orders and make actionable
recommendation to Owner.
4. Review and comment upon periodic cost reports prepared by Contractor.
5. Monitor correspondence and minutes to provide “early warning” advice on any matters likely to
affect the Project, budget, schedule or quality of work.
6. In conjunction with Contractor, advise on the financial implications of delays, extension of time,
acceleration or disruption.
7. Manage shop drawing review with contractor.
8. Review and comment on site logistics and safety plan provided by Contractor.
9. Monitor construction progress and compliance with the Project schedule on not less than a monthly
basis.
10. Visit the site and inspect construction progress and quality as needed, estimated 2-4 times per month,
and notify Owner of any issues.
11. Attend all Owner’s meetings and coordination meetings as necessary.
12. Manage construction documents.
13. Provide Owner with monthly progress and cost reports which shall be comprised of summary of logs,
maintained by Owner’s Representative.
14. Establish and administer payment procedures for Contractor, vendors, Design Team and other
consultants in conjunction with the Lender.
15. Represent Owner regarding changes and claims made by third parties and ensure that proper
procedures exist for obtaining Owner authority to vary the work.
16. Based upon Owner’s Representative’s observations and evaluations of Construction Manager’s
Application for Payment, Owner’s Representative shall review and approve amounts due.
C. Post Construction
1. Ensure the timely identification and accurate completion of punch list items and coordinate with the
Design Team.
2. Organize final close-out of contracts with Contractor, Design Team, consultants and other specialties.
3. Monitor the timely delivery of as built drawings, permits, guarantees, warranties, manuals and
training upon completion of the Project.
Owner's Representative Agreement - MASTER Page 2
4. Monitor commissioning and turnover of the space for a seamless transition between building site and
completed fit-out.
D. All Phases
1. Assist in coordinating Owner and Design Team activities.
2. Provide status reporting of budget, schedule, and quality of work.
3. Chair Project meetings and issue meeting minutes with “action items” tied to responsible party.
4. Establish regular procedures with Owner and identify those matters which require specific approval or
direction.
5. Provide copies of all relevant correspondence to Owner.
6. Prepare master schedules and look ahead schedules.
1.03 Scope of Authority. Owner’s Representative will have only such authority as is expressly
granted to Owner’s Representative in this Agreement or in another writing signed by Owner. Nothing contained in this
Agreement will be construed as granting authority to Owner’s Representative, on behalf of Owner: to enter into or
amend or terminate any agreement; to waive or modify any provision of any agreement; to authorize the retention of
any consultant; to authorize the preparation of design documents; to approve or modify the schedule, program or
budget; to agree to any change in services under the architect’s agreement or to any change order under the
Contractor’s agreement; or to incur any financial obligation of any sort on behalf of Owner unless authorized in a
writing signed by Owner.
ARTICLE II - TIME
2.01 Schedule. The Project will be planned, designed and constructed in accordance with a
schedule to be developed by contractor and agreed upon by Owner and Owner’s Representative. Owner’s
Representative shall perform the Services as expeditiously as possible and to use its best efforts in cooperation with
the design and construction team to overcome any delays, regardless of cause, in order to allow the schedule to be
met.
2.02 Suspension of Performance. Owner may suspend Owner’s Representative’s performance
under this Agreement at any time. Owner’s Representative’s sole remedy in the event of such suspension will be
termination pursuant to Section 6.03 of this agreement.
Owner's Representative Agreement - MASTER Page 3
ARTICLE III - COMPENSATION
3.01 Fee. As full compensation for Owner’s Representative’s performance of the Services and its
fulfillment of all other obligations under this Agreement, Owner will pay Owner’s Representative a fee as follows:
(a) Per the attached Contract Attachment A – Owner’s Rep Scope matrix dated 7-26-18,
the attached fee structure shall be as follows:
(i) Pre-Design – Time & Material, not to exceed the stated value of $10,200.
(ii) Assistance with Schematic Design – Time and Material, not to exceed
stated value of $7,200.
(iii) Assistance with Design Development – Time and Material, not to exceed
stated value of $9,600.
(iv) Construction Manager Engagement Process – Lump sum value for
services; $6,935.
(v) Assistance & Leadership with Construction Documents – Lump sum
value for services; $11,160.
(vi) Construction Manager’s Subcontractor Bidding Process – Lump sum
value for services; $8,910.
(vii) Lead & Oversee the Construction Process – A weekly fee for services of
$2,108. Currently the total estimate is based on (15) months / (65) weeks
and this will be adjusted and billed accordingly as construction progresses.
The overall estimated duration of construction will be determined during the
CM Selection & Award process.
(b) For any work in the furtherance of the project as noted as “Time & Material” above,
per individual, and including any and all services listed above, tracked per the time spend rounded to the nearest ¼
hour, at an inclusive rate of $150.00 / hour. Any and all travel costs incurred shall be reimbursed at cost plus five
(5%) percent, including vehicle mileage if incurred (outside of the West Michigan project area) at $0.75 / mile.
3.02 Reimbursement of Costs. Owner will reimburse Owner’s Representative on a monthly basis
for costs plus 5% fee of the following items to the extent actually and necessarily incurred by Owner’s Representative
in the performance of the Project Management Services: outside printing, messenger deliveries, express mail, FedEx
or other overnight delivery service, reproductions, photography, surveys, and travel outside of Construction
Owner's Representative Agreement - MASTER Page 4
Simplified’s West Michigan office. If the Project is suspended due to the request of Owner, Owner’s Representative
shall be compensated for necessary expenses incurred in the interruption and resumption of Owner’s Representative’s
services and approved in advance by Owner.
ARTICLE IV - INDEMNITY
4.01 Owner’s Representative’s Indemnity. To the extent not covered by insurance, Owner’s
Representative shall indemnify and hold harmless Owner and its members, officers, partners, employees, successors
and assigns from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, fines,
penalties and costs (including reasonable attorneys’ fees and expenses) arising out of the negligent acts, errors or
omissions or breach of contract of Owner’s Representative or its officers, employees, and consultants as a result of
the performance of services under this Agreement.
4.02 Owner’s Indemnity. Owner shall indemnify, defend and hold harmless Owner’s Representative
from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, fines, penalties and
costs (including attorneys’ fees and expenses) arising in connection with any authorized Services properly performed
by Owner’s Representative under this Agreement, except to the extent that any such claim, action, demand, liability,
loss, damage, judgment, fine, penalty or cost was caused by the negligence or misconduct of Owner’s Representative
or its agents, employees, subcontractors, suppliers, workers, invitees, successors or assigns, or from a breach of this
Agreement by Owner’s Representative. The indemnities contained herein will survive the termination of this
Agreement.
ARTICLE V - INSURANCE
5.01 Owner’s Representative’s Insurance.
(a) Throughout performance of the Services, Owner’s Representative will, at its sole
expense (without any right of reimbursement), maintain the following insurance issued by insurers admitted in the
State of Michigan:
(i) workers’ compensation insurance to the extent required in accordance with the
applicable law or laws;
(ii) employer’s liability insurance with limits of $1,000,000 and $2,000,000.00 aggregate;
(iii) commercial general liability insurance written with a combined personal injury, bodily
injury and property damage limit of at least $1,000,000.00 per occurrence and
$2,000,000 aggregate;
Owner's Representative Agreement - MASTER Page 5
(iv) automobile liability insurance covering the use of all owned, non-owned and hired
vehicles, with a combined bodily injury and property damage limit of at least
$1,000,000.00;
(v) Excess liability insurance in an amount not less than $2,000,000; and
(vi) Professional liability insurance in an amount not less than $1,000,000.
(b) Coverage will be endorsed to reflect inclusion of Owner as additional insured and to
reflect that coverage is to be primary for Owner’s Representative and Owner; all of the above insurance will provide
that coverage will not be canceled or materially changed during the term of this Agreement without at least 30 days’
advance written notice to Owner.
(c) Owner’s Representative will submit to Owner certificates of insurance reflecting the
above insurance, together with copies of all policies and endorsements, within 10 days after the execution of this
Agreement.
5.02 Waiver of Subrogation. To the extent that damages are covered by property insurance during
construction, Owner and Owner’s Representative waive all rights against each other and against the contractors,
consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of
such insurance. Owner or Owner’s Representative, as appropriate, will require of the contractors, consultants, agents
and employees of any of them similar waivers in favor of the other parties enumerated herein.
ARTICLE VI - DEFAULT AND TERMINATION
6.01 Owner’s Representative’s Defaults.
(a) Owner may terminate this Agreement for cause by giving written notice of such
termination to Owner’s Representative any time after cause exists. “Cause” means the failure of Owner’s
Representative to perform, carry out or observe, or a breach by Owner’s Representative of, any obligation,
agreement, covenant, condition or restriction of this Agreement to be performed or observed by Owner’s
Representative as and when performance or observance is due, which failure or breach continues for more than seven
(7) days after Owner gives written notice thereof to Owner’s Representative; provided, however, that if, by the nature
of such obligation, agreement, covenant, condition or restriction, such failure or breach cannot reasonably be cured
within such period of seven (7) days, cause will not exist as long as Owner’s Representative commences with due
diligence the curing of such failure or breach within such period of seven (7) days and thereafter prosecutes with
diligence and completes the curing of such failure or breach.
Owner's Representative Agreement - MASTER Page 6
(b) If Owner’s Representative fails to carry out its obligations under this Agreement within
seven (7) days following notice of such failure (or without notice in case of emergencies), Owner may, without
prejudice to any other remedy that Owner may have, cure such default and set off against any payment due
hereunder any amounts expended by Owner in connection with such cure and the amount of damages incurred by
Owner by reason of any such default by Owner’s Representative.
6.02 Owner’s Defaults. If Owner defaults in the performance of its obligations under this
Agreement and fails to cure such default within seven (7) days after the giving of written notice by Owner’s
Representative, Owner’s Representative thereafter may terminate this Agreement by written notice to Owner. In
satisfaction of all damages incurred by Owner’s Representative by reason of such default by Owner, Owner’s
Representative will be entitled to payment of all portions of the Fees that have become payable through the date of
such termination and all reimbursable costs payments on account of costs incurred by Owner’s Representative
through such date and customary hourly rates thereafter to shut down the Project if requested. Owner’s
Representative’s entitlement to terminate and recover such amounts will constitute Owner’s Representative’s sole and
exclusive remedy on account of default under this Agreement and Owner’s Representative hereby waives all other
rights and remedies that Owner’s Representative may have at law or in equity with respect to a default by Owner
hereunder.
6.03 Termination by Owner’s Representative for Suspension of Performance. If Owner suspends
Owner’s Representative’s performance under this Agreement for a period or periods exceeding ninety (90) days in the
aggregate, Owner’s Representative may terminate this Agreement upon seven (7) days’ written notice to Owner. In
the event of such termination, Owner will pay Owner’s Representative the balance of all Fee amounts that have
become payable through the date of such termination, all reimbursable costs incurred by Owner’s Representative
through such date and customary hourly rates for all additional work thereafter as requested by Owner. Owner’s
Representative’s entitlement to terminate and recover such amounts will constitute Owner’s Representative’s sole and
exclusive remedy on account of termination by Owner’s Representative for suspension of performance under this
Agreement and Owner’s Representative hereby waives all other rights and remedies that Owner’s Representative may
have at law or in equity with respect to termination for suspension of performance hereunder.
6.04 Termination by Owner for Convenience. Owner may terminate this Agreement, in whole or in
part, without regard to default by Owner’s Representative upon thirty (30) days’ written notice to Owner’s
Representative. In the event of such termination, Owner will pay Owner’s Representative the balance of all Fee
Owner's Representative Agreement - MASTER Page 7
amounts that have become payable through the date of such termination, all reimbursable costs payments on account
of costs incurred by Owner’s Representative through such date and customary hourly rates for all additional work
thereafter as requested. Owner’s Representative’s entitlement to terminate and recover such amounts will constitute
Owner’s Representative’s sole and exclusive remedy on account of termination by Owner for convenience under this
Agreement and Owner’s Representative hereby waives all other rights and remedies that Owner’s Representative may
have at law or in equity with respect to termination by Owner hereunder. If terminated for convenience, Owner
further agrees to waive any and all claims it may have against Owner’s Representative.
6.05 Owner’s Representative’s Obligations After Termination. Upon any termination of this
Agreement, Owner’s Representative will promptly do the following, unless otherwise directed by Owner and, in
general, will cooperate with Owner in good faith and ensure an orderly transition of the management of the Project if
the Project is continuing:
(a) discontinue all of the Services and make no further commitments except as may be
necessary for safety;
(b) settle with Owner all outstanding amounts due Owner’s Representative hereunder;
(c) turn over to Owner all books and records for the Project required to be kept by
Owner’s Representative hereunder;
(d) transfer to Owner all contracts, commitments, agreements and other documents
relating to the Project Management Services;
(e) transfer to Owner all completed and uncompleted work, supplies, materials and other
property produced as a part of or acquired in the performance of the Services; and
(f) take such other action as Owner’s Representative may reasonably deem necessary or
as Owner may reasonably direct for the protection of property which is on the Project in the possession of Owner’s
Representative and in which Owner has or may acquire any interest. The obligations of this Section will survive
termination of this Agreement.
ARTICLE VII - MISCELLANEOUS
7.01 Notices. All notices, demands, consents, requests or other communications required or
permitted to be given pursuant to this Agreement will be in writing and will be deemed validly given if mailed by
certified or registered mail, return receipt requested, postage prepaid, or by personal delivery, or sent by facsimile
Owner's Representative Agreement - MASTER Page 8
transmission (followed by mailing a copy of such notice by certified or registered mail, return receipt requested,
postage prepaid), or by overnight courier service, addressed to the parties as follows:
OWNER:
City Manager
933 Terrace St.
Muskegon, MI 49440
Frank Peterson
OWNER’S REPRESENTATIVE:
Construction Simplified
859 W Fulton
Grand Rapids, MI 49504
Brent Gibson, President
or at such other address as either party may have furnished in writing to the other party as a place for the service of
notice pursuant to this Agreement. Any notice to or demand on any party hereto will be deemed to have been duly
given on (a) the date 3 days after posting if transmitted by mail, (b) the date of transmission with telephonic
confirmation if transmitted by facsimile or (c) the date of receipt if personally delivered or sent by overnight courier
service, whichever first occurs.
7.02 Entire Agreement. This Agreement constitutes the entire contract between the parties. No
provisions of this Agreement will be changed or modified, nor shall this Agreement be discharged, in whole or in part,
except by an agreement in writing signed by the party against which the change, modification or discharge is claimed
or sought to be enforced. No waiver of any of the conditions or provisions of this Agreement or of any of the rights of
either party hereunder will be effective or binding unless such waiver is in writing and signed by the party claimed to
have given, consented to or suffered the waiver.
7.03 Governing Law. The internal laws of the State of Michigan will govern this Agreement.
7.04 Confidential Information. Owner’s Representative will treat sensitive information supplied to
Owner’s Representative by Owner regarding the Project as confidential and proprietary information and will not permit
its release to others, or make any public announcement, promotional or publicity releases regarding the Project,
without Owner’s prior authorization.
7.05 Binding Effect. This Agreement will inure to the benefit of and be binding on the parties
hereto and their respective successors and assigns.
7.06 Nature of Relationship. Owner’s Representative is an independent contractor, with full power
and authority to select the means, methods and manner of performing its obligations under this Agreement.
Owner's Representative Agreement - MASTER Page 9
However, nothing in this Section shall permit Owner’s Representative to assign its obligations under this Agreement
without the prior written authorization of Owner.
7.07 Force Majeure. Neither party will be liable for failure to perform any obligation under this
Agreement when prevented by Force Majeure causes beyond the reasonable control of such party, such as strike or
lockout affecting more than the Project, accident, weather, order or regulation of any governmental authority or war
or other emergency. The time within which such obligation will be performed shall be extended for a period of time
equivalent to the delay from such cause.
7.08 Licenses and Permits. If any government permit or license at any time is required for the
proper and lawful conduct of Owner’s Representative’s business, Owner’s Representative, at its own expense, will
obtain such license or permit, and at all times comply with the terms and conditions thereof.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly
authorized representatives as of the date first above written.
OWNER:
By:
Name:
Title:
OWNER’S REPRESENTATIVE:
By:
Name: Brent Gibson
Title: President
Owner's Representative Agreement - MASTER Page 10
Contract Attachment A
Owner's Representative Scope Matrix
Project: Muskegon County Convention Center Date: 7/26/2018
Client: Frank Peterson
The following matrix identifies the scope options for Owner's Representative services provided by Construction Simplified for the City of Muskegon
projects.
Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Pre-Design - (1) Month July 30, 2018 - August 24, 2018 $ 10,200.00
Review Owner’s master plan and the project as presented.
Review scope, program and costs to understand the Owner’s X 2
goals for the project.
Advise the Owner on the formation of committees for the
selection of project consultants and any committed stakeholders Continuous &
for the purposes of design review, finish review, and making
X
Ongoing
systems, material, and equipment decisions.
Assist the Owner with a review of the selected delivery method
and its impact on the project.
X 2
Prepare detailed project criteria (program, outline specifications,
etc.) in order to define the expected project quality and X 1
performance outcomes prior to procurement.
Determine what consultants and services will be necessary to
deliver the project in compliance with all applicable
Federal/State/Local regulations, and oversee the permitting,
procurement, contracting, monitoring, and management of all X 4-8
project consultants, design professionals, construction manager /
general contractors, subcontractors and vendors, and their
associated scope, on behalf of the Owner.
Assist with selection of consultants through a qualifying and
selection process that are not part of the architect’s, Construction
Manager / General Contractor's team but will have contracts with X 4-8
Owner, such as environmental, geotechnical, third party testing
and inspections, FF&E, technology, etc.
Assist the Owner with the development and review of contracts
with consultants and assist in the negotiation of fees and X 2-4
contracts with consultants.
Identify all State and Local agencies that will be utilized during
the review process and oversee the submittal process. This will Assumed City of
include coordination of all road improvements and site
X - Muskegon responsibility.
development requirements with State and Local agencies.
Assist the Owner in managing environmental, geotechnical, and
other consultants to define the project existing conditions in X 8-16
preparation for construction or demolition work.
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Assist in the development and update of a Master Budget to be
tracked from start to completion of the project. Maintain Initial
accountability to the budget, assist the Owner with monitoring,
Development
identify cost savings and design options/products, maintain and X
review project costs to confirm that the project is designed within + continuous &
the budget and to avoid value engineering at the end of the ongoing
design process.
Compile and update Master Schedule milestones for all design Initial
phases, design review, bidding activities, purchase of major
Development
equipment, lead times for fixtures and equipment, coordination X
of activities outside construction, and coordination of all key + continuous &
points leading to project turnover, completion, and warranty. ongoing
Establish Owner’s Representative as the central point of contact
for coordinating all project activities including process for
approvals, maintenance of project records, responses to inquiries
Continuous &
from Construction Manager / General Contractors, design X
professionals, consultants, suppliers and subcontractors, transfer Ongoing
of information to decision makers, coordination of project
information flow and progress reports to the Owner.
Assist the Owner with developing, implementing and coordinating
technology needs. Assist with the selection of consultants and X 4-8
vendors as needed.
Assist with Schematic Design - (6) Weeks August 27, 2018 - October 5, 2018 $ 7,200.00
Orchestrate initial reviews with the State and Local agencies with
jurisdiction over the project and understand the process that Continuous &
must be followed for final approvals. Include in Master Schedule
X
Ongoing
as applicable.
Initiate a project review process to review, at a minimum, design
options for interior and exterior, high performance design, Continuous &
occupant safety, code compliance, and overall adherence to
X
Ongoing
project program.
Review product selection and project specifications for ease of
maintenance, warranties, and environmentally responsible
products and solicit input from maintenance personnel to Continuous &
standardize equipment and construction materials. Verify that
X
Ongoing
selected materials are consistent with the quality standards
established for the project.
Facilitate the review of the interior design by the Owner,
document decisions and verify that final design and installation is
Continuous &
consistent with the finish selections made. Take necessary action X
such that Architect and Interior designer provides finish board Ongoing
upon approval of the interior design.
Maintain design team accountability to the design intent as
Continuous &
described in the project scope and detailed project criteria X
established in the procurement stage. Ongoing
Provide status reports to the Owner summarizing progress,
Continuous &
schedule and cost status, major decisions, changes and other X
key project information. Ongoing
Oversee the establishment of a schematic design estimate and
take necessary action such that project is within budget prior to
Continuous &
proceeding to Design Development. If a GMP is provided at X
Schematic Design, review GMP for conformance with project Ongoing
quality and performance criteria.
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Assist the Owner in their review and approval of schematic Continuous &
design.
X
Ongoing
Assist with Design Development - (6-8) Weeks October 8, 2018 - November 30, 2018 $ 9,600.00
Assist the Owner in developing FF&E requirements including
inventory of all existing FF&E. Monitor FF&E budget for
compliance within the project budget. Assist the Owner with the X
selection of an FF&E vendor or if included in the design team’s
scope, review all decisions with the Owner.
Assist in a maintenance and operations review of the project
design. Facilitate attendance and involvement of maintenance X
staff or a knowledgeable O&M committee for review of design. 48-64 hrs
Initiate project review of drawings, specifications, and cost
estimate with Owner for review prior to proceeding to
Construction Documents. Confirm conformance with detailed
X
project criteria.
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information.
CM Procurement Process - (3-4) Weeks November 5, 2018 - November 30, 2018 $ 6,935.00
Review, define, and understand the best type of contract to
proceed with.
X 4
Create, produce and release Request for Qaulifications (RFQ) to
CM's
X 8
Review CM submissions and approve RFQ X 8
Create Request for Proposal, Review CM proposals and Select
CM.
X 16
Contract with CM X 8
Assist with Construction Documents - (10-12) Weeks December 3, 2018 - February 22, 2019 $ 11,160.00
Orchestrate and assist the Owner in the review of construction
documents, specifications and cost estimates for approval of
construction documents. Confirm quality standards are
X 16-24
maintained, and detailed project criteria are met.
Coordinate acceptance of the Construction Documents and
finalize pricing.
X 16
Assist the Owner with development of a maintenance plan based
on the approved design specifications.
X 8
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X 3/week
key project information.
Lead Review on the CM Bidding Process - (4) Weeks February 25, 2019 - March 22, 2019 $ 8,910.00
Confirm that the permit process is completed prior to start of
construction, that an early start permit has been obtained if X 16
necessary, and coordinate with agencies affected.
Coordinate and review any modifications to pricing with the
Owner.
X 8
Review insurance and bonding requirements. Ensure
Construction Manager / General Contractor insurance certificates X 2
meet the requirements of the Owner.
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Review subcontractor bids and process and confirm that an open
and competitive process has been followed in obtaining a
sufficient quantity of bids from subcontractors, assist in the
review of bids and subcontractor selection, and take necessary
X 40
action such that subcontractors are properly insured per the
Owner's requirements.
Oversee Construction Process - (15) Months March 4, 2019 - March 27, 2020 $ 137,013.00
Take all necessary action such that terms of the contract are
enforced on behalf of the Owner.
X 8-16 / week
Assist with the development of a safety plan for the construction
site. Monitor safety compliance with all Federal/State/Local
requirements (not limited to OSHA, EPA, and EEO) thru the
X
Construction Manager / General Contractor.
Assist with the development of a site logistics plan indicating the
placement of construction trailers, fences, signage, staging X
areas, and construction traffic zones.
Attend Construction Meetings as established (weekly or
bi‐weekly) by the Construction Manager / General Contractor.
X
Confirm that submittals are aligned with quality standards and
detailed project criteria established in procurement and GMP
stages. Ensure that any deviation in quality is approved by
X
Owner.
Review construction progress as provided by the Construction
Manager / General Contractor and take necessary action such
that weekly minutes are accurate (including but not limited to X
construction progress, cost concerns, schedule, and outstanding
issues).
Advise the Owner on issues including construction costs,
schedule, coordination, and owner occupancy. Notify the Owner if X Continuous &
there is deviation from project progress. Ongoing
Verify and document that inspections and testing reports take
place as required. Review reports to take necessary action such X
that deficiencies are addressed.
Photograph construction progress. Provide observations
regarding quality of workmanship, conformity to plans and specs.
Address corrective measures to mitigate and correct
non‐conforming workmanship per the Contract Documents as X
identified by the Architect or Construction Manager / General
Contractor. Notify the Owner of non‐conforming work with the
Contract Documents and methods to resolve the issues.
Participate as part of the communications and distribution of
construction directives including, but not limited to Request For
Information (RFI), Potential Change Order (PCO), Bulletins, X
Proposals Requests, Change Orders (CO) and Architectural
Supplemental Information (ASI) actions.
Lead the review of Pending Change Orders and provide the
owner with a summary report and suggested action log, including X
overall budget update.
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Lead the Change Management process by providing review,
comment and assistance of the Owner's requested project X
changes.
Resolve any disputes or claims prior to final approval or denial of
a Change Order.
X
Review appropriateness of each pay application with the design
team and take necessary action such that lien/claim releases are
executed and included with all pay applications and all disputes
X
or claims are resolved prior to approval of a pay application.
Continuous &
Solicit and receive bids, coordinate delivery and installation for Ongoing
Owner purchased items which are contracted through the Owner X
including but not limited to FF&E.
Assist with coordinating environmental and abatement work with
demolition and construction activities as it applies to the project.
X
Assist with scheduling and implementation of technology and
security as it applies to the project.
X
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information.
Assist With the Close-Out of the Project - (8) Weeks March 30, 2020 - May 22, 2020 $ 3,840.00
Take necessary action such that there is a seamless handover to
the Owner from the Construction Manager / General Contractor.
X
Oversee that all Third Party inspections are complete and all
violations are corrected to allow for the issuance of a final X
certificate of occupancy (CO).
Schedule and assist the Owner in developing punch lists for the
project completion and attend all walk-throughs.
X
Coordinate and attend the training of staff on all systems
including but not limited to mechanical, lighting, new equipment,
etc. Verify that the Owner has been adequately trained in
X
systems.
Coordinate the moving of new/old/stored furnishings and
equipment into the completed facility.
X Continuous &
Ongoing
Coordinate transfer of stock supplies of materials to the Owner
as indicated in the specs or construction agreement.
X
Assist the Owner in the collection of all close-out documents and
the acceptance of punch lists, Operational /Maintenance
Manuals/Warranties, copies of construction drawings (including
any as‐builts or mark‐ups by contractor during construction),
X
specifications, shop drawings, construction directives, photos,
and videos.
Provide description of final budget with record of expenditures. X
Assist the Owner in acceptance and issuance of the final pay
application has been completed.
X
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Initiate a team evaluation of the process and final product and Continuous &
include lessons learned for all participants.
X
Ongoing
Assist the Owner During the Warranty Period - 1 year beyond construction
Assist the Owner with determining the warranty period. If an
extended warranty is considered, assist the Owner with
understanding the cost and value associated with extended X
warranties to evaluate if the Owner wants to consider for
additional cost.
Schedule the 11 month warranty walk through with the design
X T&M @
team if the warranty is minimum of 1 year. $150/hr
Schedule the additional warranty walk throughs as required (e.g., Estimated (80)
X
23 month walk through). hours or
Assist the Owner with building issues/complaints and determine $12,000 for
necessary steps to take to address these items. Address budget
warranty items to confirm the requirements of the warranty are
X
purposes
met.
Provide status reports to the Owner summarizing progress,
schedule and cost status, major decisions, changes and other X
key project information affected through the warranty period.
Construction Simplified - Owners Rep Scope Matrix
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Services Services Comments &
Scope / Task Estimated Hours
PROVIDED EXCLUDED Clarifications:
Limitations of Authority - The Owner’s Representative shall NOT:
Authorize deviations from the Contract Documents. Not Provided
Approve substitute materials or equipment except as authorized
Not Provided
in writing by the Architect and the Owner.
Personally conduct or participate in tests or third party
Not Provided
inspections.
Assume any of the responsibilities of the Construction Manager /
Not Provided
General Contractor or of subcontractors.
Expedite the work for the Construction Manager / General
Not Provided
Contractor.
Have control over or charge of or be responsible for construction
means, methods, techniques, sequences or procedures, or for Not Provided
safety precautions and programs in connection with the work.
Issue a Certificate for Payment or Certificate of Substantial
Not Provided
Completion or sign on the Owner's behalf.
Prepare or certify the preparation of a record copy of the
drawings, specifications, addenda, Change Orders and other Not Provided
modifications.
Reject work or require special inspection or testing except as
Not Provided
authorized in writing by the Architect.
Accept, distribute or transmit submittals made by the
Construction Manager / General Contractor that are not required Not Provided
by the Contract Documents.
Order the Construction Manager / General Contractor to stop the
work or any portion thereof, except for safety reasons that Not Provided
immediately affect the life and safety of any staff or person.
Additional Services Proposed by Owner
Construction Simplified - Owners Rep Scope Matrix
Page 7 of 7
Commission Meeting Date: November 27, 2018
Date: November 20, 2018
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale: City-Owned Home at 1350 Eastwood
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction with Maletta Brown for the rehabilitated home at 1350 Eastwood
Drive: purchase price $137,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of affordable homes through the HOME program and provide
funding for our Homebuyer’s Assistance Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
HUD PROPERTY AT 1350 EASTWOOD DRIVE
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of the property at 1350 Eastwood Drive to Maletta
Brown. This home has been rehabilitated by Community and
Neighborhood Services Department through the Home-Buyer Program.
Adopted this 27th of November, 2018.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
AM_Resolution
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: November 19, 2018
RE: COAM 2019 Renewal
SUMMARY OF REQUEST:
Staff has come to terms on a new 4-year contract with the Police Command Division. The agreement
will take effect January 1, 2019. The contract contains similar wage adjustments and benefit changes
previously negotiated with other bargaining units. The major long-term change to the benefit
structure is the implementation of a frozen FAC multiplier bridge in the pension program.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the attached tentative agreement as presented and authorize the Mayor and Clerk to sign
the new contract with COAM.
COMMITTEE RECOMMENDATION:
None.
COMMAND OFFICERS ASSOCIATION OF MICHIGAN
AND
CITY OF MUSKEGON
1. Duration, Section 42, Duration and Renewal. Four (4) years, com-
mencing on January 1, 2019 through December 31, 2022.
2. Wages, Appendix A.
1st year - +5% on scale.
2nd year - +3% on scale.
3rd year - +3% on scale.
4th year - +3% on scale.
3. Field Training Officer (FTO) Supervision Pay: Increase from .5% of
base senior sergeant wages to 1.5% of base senior sergeant wages.
4. Retirement
a. New command officers entering the bargaining unit will main-
tain the same retirement benefits they had at the patrol
level. For example:
i. If a new sergeant was a member of the defined benefit
pension program as a patrol officer, he/she will re-
main in the same defined benefit pension program,
with the same benefits afforded other patrol offic-
ers.
ii. In a new sergeant as a member of the defined contri-
bution retirement program as a patrol officer, he/she
will remain in the same defined contribution retire-
ment program, at the contribution rate currently in
effect in this contract.
b. Defined Benefit Retirement Plan. Implement Bridge to 2.67
multiplier with frozen FAC, effective January 1, 2023. Over-
time will begin inclusion into Final Average Compensation
(FAC) starting January 1, 2019. Effective January 1, 2023,
employee pension contribution is reduced to 3 % of wages.
i. 240 hours of unused sick/vacation time can be applied
to the employees FAC at the time of retirement. Em-
ployees may elect to apply their unused sick/vacation
time to their FAC prior to the implementation of the
pension bridge; doing so would bar the employee from
again applying unused sick/vacation time to their FAC
at the time of retirement.
c. Defined Contribution Retirement Plan. Mandatory employee
contribution set at 6%. Mandatory employer contribution set
at 12.5% effective 1/1/19. Mandatory employer contribution
set at 13% effective 1/1/20. If the patrol division negoti-
ates an increase in the mandatory employer contribution that
exceeds the 13% contribution rate effective 1/1/21, that same
benefit will be provided to the eligible command unit members
5. Vacation Hours: 0-7 years of service = 84 hours. 7-13 years of
service = 132 hours. 13+ years of service = 168 hours.
6. Floating Holidays = 48 hours
7. Compensatory Time shall be capped at 120 hours
8. Addition of Martin Luther King Jr.’s Birthday as a holiday. Sub-
traction of Good Friday as a holiday.
9. Sick Time Cash Out. Any amount of unused sick time may be cashed
out at 75% of face value at the agreed-upon time (currently March
of each year). If placed into a 457 or MESP, it shall be cashed
out at 100% of face value.
10. COAM members will be eligible for the same residency incentive
offered to non-represented employees.
11. Retiree Health Care Savings Program. All COAM members will make a
mandatory 1% contribution to the Health Care Savings Program.
2
COMMISSION MEETING DATE November 27, 2018
Date: November 20, 2018
To: Honorable Mayor and City Commissioners
From: Jeffrey Lewis, Director of Public Safety
RE: Parking Restrictions December 1 – March 1
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission approve the changes for Chapter
92, LO7 and LO9 of the ordinance regarding the seasonal parking plan, December 1st, through
March 1st.
1. (LO7) Along or on any unpaved parkway, except where the same is used for a driveway
to enter private or public property.
2. (LO9) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
a) Parking is allowed on the side of the street with even numbered addresses on
even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
b) Parking is allowed on the side of the street with odd numbered addresses on
odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
c) Parking is allowed on both sides of the street all days between the hours of
5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is allowed
except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business area bordered by Shoreline Drive, Spring Street, Apple
Avenue and Seventh Street, parking is allowed except between the hours of 2:00 a.m.
and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
1|P a g e
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Parking Restrictions changes to the Code of Ordinances.
2|P a g e
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 92 “Traffic and Vehicles,” Article V “Local Parking Restrictions,” Section 92-71
“Parking Restrictions,” of the Code of Ordinances of the City of Muskegon is amended as
follows:
1. (L07) Along or on any unpaved parkway, except where the same is used for a driveway
to enter private or public property.
2. (L09) From December 1 through March 1 of each year and during any declared snow
emergency, where parking is currently allowed on both sides of the street, on street
parking is modified as follows:
a) Parking is allowed on the side of the street with even numbered addresses on
even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
b) Parking is allowed on the side of the street with odd numbered addresses on
odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m.
c) Parking is allowed on both sides of the street all days between the hours of
5:00 p.m. and 7:00 a.m.
Where parking is currently allowed on one side of the street only, parking is allowed
except between the hours of 2:00 a.m. and 6:00 a.m.
In the downtown business area bordered by Shoreline Drive, Spring Street, Apple
Avenue and Seventh Street, parking is allowed except between the hours of 2:00 a.m.
and 6:00 a.m.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
This ordinance adopted:
Ayes: ______________________________________________________________
Nays: _______________________________________________________________
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\112718\10b_11X5489-Revise winter parking ordinance LSM.doc
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By ______________________________
Ann Marie Meisch, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the day of , 2018, 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: , 2018
_______________________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\112718\10b_11X5489-Revise winter parking ordinance LSM.doc
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2018, the City Commission of the City
of Muskegon adopted an amendment to Chapter 92 “Traffic and Vehicles,” Article II “Uniform
Traffic Code,” Section 92-71 of the Code of Ordinances of the City of Muskegon,
whereby the following change was made:
1. Section ((L07) was amended to eliminate parking on the terrace during the winter.
2. Section L909) was amended to provide for odd/even parking between 7:00 a.m. and
5:00 p.m. during the winter
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2018 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\112718\10b_11X5489-Revise winter parking ordinance LSM.doc
COMMISSION MEETING DATE: November 27, 2018
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish.
Dangerous Building Case #: EN1711742 – 561 Catherine Ave (garage only)
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the Garage structure located at 561
Catherine Ave 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 or
staff may issue infraction tickets to the owner, agent or responsible party if they do not
demolish the structure.
Location and ownership: This structure is located on Catherine Ave between
Chestnut Street and Maple Street in the Angell Neighborhood and is owned by Aaron
Gray, 561 Catherine Ave, Muskegon, MI 49442.
Staff Correspondence:
August of 2017, a complaint was received regarding the condition of the garage. A
complaint notice was sent to the owner with no response.
September 7, 2017, the HBA declared the garage structure dangerous. Owner did not
appear at the HBA hearing.
September 28, 2017, the owner appeared at the City Commission stating he did not
receive any of the notices and stated he would like to repair the garage. City
Commission referred the case back to the HBA.
October 10, 2017, the owner provided a plan of abatement and obtained the necessary
permits to repair the garage.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $26,100 (entire property)
Garage Assessed Value: $13,144
Estimated cost to repair garage: $9,100
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact:
Owner(s) did not attend the November 1, 2018 HBA meeting.
Permits obtained:
October 10, 2017, the owner obtained a permit to remove a section of the garage and
repair / replace the roof.
May 17, 2018, owner requested and was granted an extension to the permit. No
inspections were requested.
October 13, 2018, the permit expired and a progress inspection showed no work was
completed on the roof. The demolition of the east side of the completed but the debris
was not removed.
DANGEROUS BUILDING INSPECTION REPORT
08/07/2017
Owner GRAY AARON
561 CATHERINE AVE
MUSKEGON, MI 49442
Enforcement # EN1711742
Property Address: 561 CATHERINE AVE (GARAGE ONLY)
Parcel # 24-205-081-0004-00
DEFICENCIES:
1. Garage roof covering is deteriorated and missing in several areas
2. Roof has hole(s) and roof decking is rotted
3. Siding has peeling paint
4. Soffits are rotted, missing or not attached
Jay Paulson, Inspector
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the City Commission
concurs.
PHOTOS OF 561 Catherine Ave (Garage Only)
COMMISSION MEETING DATE: November 27, 2018
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN1806556 – 1874 Manz St.
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 1874 Manz
Street is unsafe, substandard, a public nuisance and that it be demolished.
Location and ownership: This structure is located on Manz St between East Laketon
Ave and Holbrook Ave in the Marsh Field Neighborhood. The structure is owned by the
Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.
Staff Correspondence. On November 1, 2018 the HBA declared the structure
substandard, dangerous and a nuisance.
This property is slated for demolition by the Muskegon County Land Bank using funds
from their “Hardest Hit 2” grant.
Financial Impact: None
Budget action required: None
State Equalized value: $13,000
Estimated cost to repair: $31,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property.
DANGEROUS BUILDING INSPECTION REPORT
Owner MUSKEGON COUNTY LAND BANK AUTHORITY
173 E APPLE AVE STE 104
MUSKEGON, MI 49442
Enforcement # EN1806556
Property Address: 1874 MANZ ST
Parcel # 24-890-000-0020-00
Date completed: 10-15-2018
DEFICENCIES:
1. Front porch portico is rotted and needs to be replaced
2. Windows are broken or missing
3. Front service door to old garage area is damaged and must be replaced
4. Siding is missing or not attached
5. Siding has a large amount of mold that must be removed
6. Noted from rear door: Home has large amount of the animal waste and walls shows signs of
mold. Due to the extreme environmental hazard, an interior inspection was not conducted
7. Rear porch portico is rotted and needs to be replaced
8. Several sections of stockade fence has collapsed
Jay Paulson, Inspector
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.
PHOTOS of 1874 Manz Street