City Commission Packet 05-24-2005

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     CITY OF MUSKEGON
      CITY COMMISSION MEETING
                         MAY 24, 2005
    CITY COMMISSION CHAMBERS@ 5:30P.M.
                              AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Fireworks Display- Muskegon Country Club. CITY CLERK
     C. FIRST READING: Amend the City Code of Ordinances - Bike Riding
        Prohibited in Specified Areas. CITY CLERK
     D. Sale of Buildable Vacant Lot at 340 Meeking. PLANNING & ECONOMIC
        DEVELOPMENT
     E. Sale of an Unbuildable Vacant Lot at Block 650 Lot 2. PLANNING &
        ECONOMIC DEVELOPMENT
     F. FIRST READING: Zoning Ordinance Amendment for Veterinary Clinics,
        Without Outdoor Kennels. PLANNING & ECONOMIC DEVELOPMENT
     G. Aggregates, Highway Maintenance Materials and Concrete.   PUBLIC
        WORKS
     H. City- MOOT Agreement for Park St.. Young Ave. to Laketon Avenue.
        ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
         A. Agreement with Digital Spectrum Enterprises, Inc. CDSEl to Manage PEG
            Channel 77. ASSISTANT CITY MANAGER
          B. FIRST READING: Rezoning Request for Properties Located Within 'Area
             12'. PLANNING & ECONOMIC DEVELOPMENT
         C. Consideration of Bids:    Ireland Ave. Franklin St. to Davis St. & Franklin
            St., Laketon Ave. to Ireland Ave. ENGINEERING
         D. Consideration of Bids:                  Fair Avenue. Torrent Street to Addison Street.
            ENGINEERING
         E. Consideration of Bids:                  Fifth Avenue, Campus Ave. to Merrill Ave.
            ENGINEERING
         F. Concurrence With the Housing Board of Appeals Notice and Order to
            Demolish the Following: PUBLIC SAFETY
                   1. 1376 Sanford
                   2. 104 Catherine (Garage)- Area 11
                   3. 22 E. Muskegon
                   4. 252 Allen - Area 11
                   5. 1123 Chestnut- Area 11
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: To discuss collective bargaining.
)>   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 lO minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 72~6705 OR TDD: (231)
724-4172.
Date:     May24, 2005
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Comnission
Worksession that was held on Monday, May 9, 2005; and the Regular
Commission Meeting that was held on Tuesday, May 10, 2005.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
         CITY OF MUSKEGON
           CITY COMMISSION MEETING
                             MAY 24, 2005
        CITY COMMISSION CHAMBERS@ 5:30P.M.
                                   MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, May 24, 2005.
   Mayor Warmington opened the meeting with a prayer from Commissioner Shepherd
after which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner Kevin
Davis, Stephen Gawron, Clara Shepherd, Lawrence Spataro, and Chris Carter, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-47 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that
was held on Monday, May 9, 2005; and the Regular Commission Meeting that was held
on Tuesday, May 10, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display- Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting approval of a fireworks
display permit for July 4th at the Muskegon Country Club, 2801 Lakeshore Drive. Fire
Marshall Metcalf will inspect the fireworks.   The insurance coverage has been
approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      C. FIRST READING: Amend the City Code of Ordinances - Bike Riding Prohibited
         in Specified Areas. CITY CLERK
SUMMARY OF REQUEST: To amend the City Code of Ordinances to repeal and reserve
Chapter 92, Sec. 92-33, section 6.32, bike riding prohibited in specified areas.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance change.
      D. Sale of Buildable Vacant Lot at 340 Meeking.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 340 Meeking
Street to Urban Development and Construction Company, LLC, 109 E. Laketon Ave.,
Muskegon, MI. The lot is 100 x 134 ft. and is being offered to Urban Development and
Construction Company, LLC for $6,750.            Urban Development and Construction
Company, LLC will be constructing a 3 bedroom, single family home with a two stall
garage, which will comply with the City's Policy for Sale of City-Owned Residential
Property. The True Cash Value for the property listed in the Assessor's Office is $9,000, so
our price is set at $6,750 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of 1 (one) new home will
generate additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed.
      E. Sale of an Unbuildable Vacant Lot at Block 650 Lot 2.               PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot at Blk 650 Lot 2
to Ivan and Sandra Sanford, 2521 McCracken St., Muskegon, MI. The property is being
offered to Mr. and Mrs. Sanford to help clear their property title for $1. According to the
County Treasurer, the property taxes for the lot went unpaid in 1988 only. The property
went up for tax sale and the City obtained the lot in 1995 from the State. The State had
deeded a few properties at that time that had been redeemed by the property owner
to the City, but this property was not one of them. A previous City employee drafted a
memo in 1996 stating that they felt the deed was incorrect due to information they had
at that time. The property had been changed to being owned by Mr. and Mrs. Sanford
and combined with their property located at 2521 McCracken St. by the City Assessor's
Office. They have paid all the property taxes from 1989 to current, maintained the
property, and paid the special assessment. They are working on refinancing their home
and it was found that the City was deeded the property in 1995.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed in order to clear this up.
      F. FIRST READING: Zoning Ordinance Amendment for Veterinary Clinics, Without
         Outdoor Kennels. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2, Convenience
and Comparison Business Districts) to add veterinary clinics, without outdoor kennels,
under Special Land Uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to
add language regarding veterinary clinics, without outdoor kennels.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of
the request at their 5/12/05 meeting. The vote was unanimous.
      G. Aggregates. Highway Maintenance Materials and Concrete. PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Hl and H2 limestone chip blend to
Verplank Trucking Company. Award bid to supply road slag to Verplank Trucking
Company. Award bid to supply Sylvax patching material to Asphalt Paving, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc. Award bid to
supply Calcium Chloride 38% (road brine) arid 32% (winter salting) to Liquid Dustlayer,
Inc. Award bid to supply screened top soil to Verplank Trucking Company. Award bid
to supply 7-sack mix concrete to Port City Redi-Mix Company; contingent upon product
availability, timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $137,000 based on 2004 quantities at 2005 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
      H. City - MOOT Agreement for Park St.. Young Ave. to Laketon Avenue.
         ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the reconstruction of
Park Street from Young Avenue to Laketon Avenue and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MOOT's participation is estimated at $159.450 but not to exceed
81 .85% of eligible cost. The estimated total construction cost (without engineering) of
the project, including the non-participating items of watermain & sanitary sewer, is
$181.400.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come out
of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Commissioner Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
2005-48 NEW BUSINESS:
      A. Agreement with Digital Spectrum Enterprises, Inc. (DSEl to Manage PEG
         Channel 77. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one-year agreement between
the City of Muskegon and Digital Spectrum Enterprises, Inc. to manage the City's Public
Education & Government (PEG) Channel (77) provided through the Cable Franchise
Agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor larson, second by Commissioner Spataro to approve the
agreement with Digital Spectrum Enterprises to manage the City's Public Education &
Government Channel 77.
ROLL VOTE: Ayes: larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
      B. FIRST READING: Rezoning Request for Properties located Within 'Area 12'.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located within 'Area 12'
(bounded generally by Laketon Avenue, Glade Street, 9th Street, Western Avenue,
Lakeshore Drive, Southern Avenue, and Franklin Street).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of
the request at their 5/12/05 meeting.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
rezoning request for properties located within "area 12".
ROll VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and larson
            Nays: None
MOTION PASSES
      C. Consideration of Bids:   Ireland Ave, Franklin St. to Davis St. & Franklin St..
         laketon Ave. to Ireland Ave. ENGINEERING
SUMMARY OF REQUEST: The reconstruction as well as underground utilities upgrade
contract (H-1600) on Ireland Avenue between Franklin Street and Davis Street and (H-
1602) on Franklin Street between Laketon Avenue and Ireland Avenue be awarded to
McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest
responsible bidder with a bid price of $362,361 .59.
FINANCIAL IMPACT:     The construction cost of $362,361 .59 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
Motion by Vice Mayor Larson, second by Commissioner Davis to award the contract for
Ireland Avenue between Franklin Street and Davis Street and on Franklin Street between
Laketon Avenue and Ireland Avenue to McCormick Sand, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
            Nays: None
MOTION PASSES
      D. Consideration of Bids:   Fair   Avenue,   Torrent   Street   to   Addison   Street.
         ENGINEERING
SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract (H-1598)
on Fair Avenue between Torrent Street and Addison Street be awarded to Schultz
Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $112,618.85.
FINANCIAL IMPACT:     The construction cost of $112,618.85 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the contract
for Fair Avenue, Torrent Street to Addison Street to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
            Nays: None
MOTION PASSES
      E. Consideration of Bids:   Fifth Street. Campus Ave. to Merrill Ave. ENGINEERING
SUMMARY OF REQUEST: The paving as well as underground utilities upgrade contract
(H-1599) on Fifth Street, between Campus Avenue and Merrill Avenue be awarded to
Schultz Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $349,006.25.
FINANCIAL IMPACT:     The construction cost of $349,006.25 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the contract
for Fifth Street, Campus Avenue to Merrill Avenue to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
            Nays: None
MOTION PASSES
      F. Concurrence With the Housing Board of Appeals Notice and Order to Demolish
         the Following: PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the structures are unsafe, substandard, a
public nuisance and that they be demolished within thirty days. It is further requested
that administration be directed to obtain bids for the demolition of the structures and
that the Mayor and City Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
            1376 Sanford
1376 Sanford was withdrawn by staff.
            252 Allen - Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
            1123 Chestnut- Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Housing Board of Appeals notice and order to demolish 252 Allen and 1123
Chestnut.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
            Nays: None
MOTION PASSES
            104 Catherine (Garage)- Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with the
Housing Board of Appeals notice and order to demolish the garage at 104 Catherine.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
            22 E. Muskegon
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUI RED: None.
STAFF RECOMMENDATION : To concur w ith the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to concur with the
Housing Board of Appeals notice and order to demolish 22 E. Muskegon.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
2005 -49 CLOSED SESSION: To discuss collective bargaining .
Motion by Commissioner Spataro, second by Commissioner Carter to go into Closed
Session to discuss collective bargaining at 6:27p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to go back into
Open Session at 6:57p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:58p.m .


                                          Respectfully su.b ; itted,

                                            ~Q . K~\N~r
                                          Gail A. Kundinger, MMC
                                          City Clerk
                               Q:ity of




                             ~tatr         of ilir~igau

WHEREAS,    Zion Tabernacle House of God, 1282 Fourth Street, located in the City
            of Muskegon, will hold a Pre-Memorial Day Service at 11:00 a.m. on
            Sunday, May 29, 2005; and

WHEREAS,    this service will honor the memory of all who, on our behalf, have
            answered our nation's call to serve in the Armed Services and/or have
            answered our community's call to serve in a peacekeeping role; and

WHEREAS,    this service will mourn the loss of life, be it through service to country
            or community, or any unnecessary act of violence; and

WHEREAS,    this service will recollect our past and encourage continued efforts by
            church, community, and government in the pursuit of peace among
            mankind; and

WHEREAS,    the City of Muskegon desires to acknowledge this special service, a first
            for the Tabernacle.

NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon hereby recognizes
          Zion Tabernacle House of God for its first Pre-Memorial Day Service
          and encourages the .community's participation.


                                        IN WITNESS WHEREOF, I hereunto set my
                                        hand and cause the Seal of the City of
                                        Muskegon to be affixed this 24th day of
                                        May, 2005.




                                        Stephen J. Warmington
Date:      May24, 2005
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Fireworks Display- Muskegon Country Club




SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting
approval of a fireworks display permit for July 41h at the Muskegon
Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect
the fireworks. The insurance coverage has been approved.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
FM-51 (3-98)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION

APPLICATION FOR FIREWORKS DISPLAY PERMIT

         [81 PUBLIC DISPLAY                           0    AGRICULTURAL PEST CONTROL                                               Date of Application 4/5/05

Name of Applicant                                      Address                                                                    Age (18 or over)
MELROSE Pl'ROTECHNICS, INC                             P. 0. BOX 302, KINGSBUR 1', IN 46345

If a Corporation, Name of President                    Address
MICHAEL CARTOLANO                                      P.O. BOX 302, KINGSBURI', IN 46345

If a Non-resident Applicant: Name of Ml                Address                                                                    Phone No.
Attorney or Resident Agent                                                                                                        (6 16) 794-0205
MIKE VANLOO                                            P.O. BOX 123, BELDING, Ml48809

Name of Pyrotechnic Operator                          Address                                                                    Age (18 or over)
MIKE VANLOO                                            P.O. BOX 123, BELDING, All 48809                                          35

No. Years Experience No. Displays                     Where
141'EARS         250+                                 MICHIGAN, ILLINOIS, INDIA NA , KENTUCKY, 01110

Name of Assistant:                                   Address                                                                     Age
JOifN KLAPKO                                         P.O. BOX 123, BELDING, !11148809                                            41

Name of Other Assistant:                             Address                                                                     Age
SCOTT FERMAN                                         P.O. BOX 123, BELDING, Ml48809                                              37

Exact Location of Proposed Display
Muskegou County Club grounds

Date of Proposed Display Ju(1• 4, 2005                    Time of Proposed Display Dusk

No. Of Fireworks                          Kind of Fireworks to be Displayed

;lpproximatell• /, 200                    Aerial displm• shells rrmf!illf! iu size from I 1/4 iuche.1 to 8 inches iu diameter




Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities)

NO STORAGE NECESSA R I', DEL! JIERED ON DATE 0 F DISPLA I'



Amount of Bond of Insurance (to be set by local gov't)
55,000 000.00
                                                                                 I Name of Bonding Corporation or Insurance Company
                                                                                   BRITTON-GALLAGHER & ASSOCIATES
Address of Bonding Corporation or Insurance Company
6240 SOM CENTER RD.. CLEVELAND, OH 44139
Signature of Applicant
                                            iJfMtdd          fJ ehJJ&!    ()
                                                                                    For Melrose P!•roleclmics, Inc.

SEE OTHER SIDE FOR INSTRUCTIONS
                                                                                                                            Authority:  1968 PA 358
                                                                                                                            Compliance: Voluntary but a permit will
                                                                                                                                        not be issued without an
                                                                                                                                        application.
FM-49 (6099)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION

                                                                        PERMIT
                                                                FOR FIREWORKS DISPLAY


This permit is not transferable. Possession of this permit authorizes the herein named person to possess,
transport, and display fireworks in the amounts, for the purpose of and at the place listed below only.

                       [gi     PUBLIC DISPLAY                                           0       AGRICULTURAL PEST CONTROL

Issued To
MELROSE PYI/OTECHNICS, INC
                                                                                                                            I Age (18 or over)
Address
P.O. BOX 12.1, BELDING", M/48809
Name of Organization, Group, Firm, or Corporation
Muskef!OI/ OmllfTI' Club
Address
2801 Lake.\'IJOre Drive, A/usk£'1!011, Ml
Number and Types of Fireworks
Approximate(r 1,200 aerial di.\pluy site//.\" muging in .\'i:.ejl'om I 114 iuclle.\· to 8 inches in dhmll'fer




Exact Location of Display
28(J/ Luke.\·/wre Drh•e
City, Village, Township                                                                           j Date                             Time
/lfl/.\'kl'f!OII                                                                                            JufJ•4,20fJ5             Dusk
Bond or Insurance Filed?                                                                                                             Amount
                                      ~      Yes                        D       No                                                   ss,nno,oon.oo


Issued by action of the                     D      council        IXl    commission              D       board of the

rXl city           D      village           D    township of --"M"'"'u""'s""'k"'e"'g'"o><-n<=----------------
                                                                                               (Name of City, Village, Township)

                                                                  Ma                                                        2005


                                                                     ~~~17Commission/Board Representative)

                                             Warmington


                                                                                                                   AUTHORITY:  1968 PA 358
                                                                                                                   COMPLIANCE: Required
                                                                                                                   PENALTY:
                                                                                                                                                    DATE{MM/DDNYYY)
     ACORD,. CERTIFICATE OF LIABILITY INSURANCE                                                                            I 4/20/2005
PRODUCER                                                                             THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
 Britton-Gallagher and Associates,                              Inc.                 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
 6240 SOM Center Rd.                                                                 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
                                                                                     ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
 Cleveland OH 44139
                                                                                   INSURERS AFFORDING COVERAGE                                        NAIC#
INSURED                                                                            INSURER A:   Lexington Insurance Co
 Melrose Pyrotechnics/                        Inc.                                 INSURERS:    Granite State Insurance Co.
 P.O. Box 302                                                                                   Arch Specialty Ins Company
                                                                                   INSURERC:
 Kingsbury IN 46345                                                                             Travelers Indemnity Co
                                                                                   INSURERD:
                                                                                   INSURERE:

COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS,        EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.               AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

 LTR r,g~~
INSR                                                                           POLICY EFFECTIVE POLICY EXPIRATION
                       TYeE•                              POLICY NUMBER                                                  LIMITS

 A           ~NERAL     LIABILITY                    2831404                    4/1/2005          1/15/2006       EACH OCCURRENCE               sl,OOO,OOO
                                                                                                                  DAMAG~~~rRENTED               $SO, 000
             ~ aMERCIAL GENERAL LIABILITY                                                                         PREMISE.§.J.Sa occurencel                      --
             _         CLAIMS MADE      ~    OCCUR                                                                MED EXP (Anyone parson)       $
                                                                                                                  PERSONAL &ADV INJURY          ,1,000,000
             -
             -
                                                                                                                  GENERAL AGGREGATE             s2,ooo,ooo
             ~'LAGG~FxrE~LIMIT APnS PER:                                                                          PRODUCTS -COMP/OP AGG         s2,ooo,ooo
                 POLICY X       ~~2-f         LOG

 B           ~TOMOBILE     LIABILITY                 CA62659312                 4/1/2005          1/15/2006       COMBINED SINGLE LIMIT
                                                                                                                                                1 1,000,000
             ~ANY AUTO                                                                                            (Ee accident)

             -
                 All OWNED AUTOS                                                                                  BOD!L Y INJURY
                                                                                                                  (Per person)                  $
                 SCHEDULED AUTOS
             x   HIRED AUTOS
          'x
          f-
                 NON·OWNED AUTOS
                                                                                                                  BODILY INJURY
                                                                                                                  (Per accident)                •
          f-                                                                                                      PROPERTY DAMAGE
                                                                                                                  (Per accident)                •
          RRAGE LIABILITY
                 ANY AUTO
                                                                                                                  AUTO ONLY- EAACCIDENT

                                                                                                                                        EAACC
                                                                                                                                                •
                                                                                                                  OTHER THAN
                                                                                                                  AUTO ONLY:                     '
 c        ~ESS/UMBRELLA LIABILITY                    ULP0005662                 4/1/2005          1/15/2006       EACH OCCURRENCE
                                                                                                                                         AGG
                                                                                                                                                '$4,000,000
                 OCCUR         D       CLAIMS MADE                                                                AGGREGATE                     ,4,000,000
                                                                                                                                                $
          ~ DEDUCTIBLE
                 RETENTION          '10, 000                                                                                                   '
D    WORKERS COMPENSATION AND                        401X5907                  4/1/2005           4/1/2006        x 1T"f,~ntJ~¥• 1       1°Jit '
     EMPLOYERS' LIABILITY
                                                                                                                  E.L.. EACH ACCIDENT           ,1,000,000
     ANY PROPRIETOR/PARTNER/EXECUTIVE
     OFFICER/MEMBER EXCLUDED?                                                                                     E.L. DISEASE· EA EMPLOYEE     , 1 ,__ooo, ooo
     If yes, describe under
     SPECIAL PROVISIONS below                                                                                     E.L. DISEASE· POLICY LIMIT    sl,OOO,OOO
     OTHER




DESCRIPTION OF OPERATJONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
DISPLAY DATE: July 4, 2005
LOCATION: Muskegon Country club - Muskegon, Michigan
ADDITIONAL INSURED: Muskegon Country Club; City of Muskegon, Michigan; Mr.                              Ron Whorton




CERTIFICATE HOLDER                                                                CANCELLATION
                                                                                  SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
                                                                                  BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
                 Muskegon Country Club                                            WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
                 Mr.    Todd Beals                                                CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
                 2801 Lakeshore Drive                                             SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
                 Muskegon MI            49441                                     THE INSURER, ITS AGENTS OR REPRESENTATIVES.

                                                                                  AUTHORIZED REPRESENTATIVE
                                                                                                                               {kP.I:Ik=
ACORD 25 (2001/08)                                                                                                            ©ACORD CORPORATION 1988
Date:        May 24,2005
To:          Honorable Mayor and City Commissioners
From:        Gail Kundinger, City Clerk
RE:          Amend the City Code of Ordinances


SUMMARY OF REQUEST: To amend the City Code of Ordinances to repeal and
reserve Chapter 92, Sec. 92-33, section 6.32, bike riding prohibited in specified
areas.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: Approval of the ordinance change.
                                       CITY OF MUSKEGON

                              MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCE NO. 2151

An ordinance to repeal and reserve Chapter 92, Sec. 92-33, section 6.32 (Riding prohibited
in specified areas) ofthe City of Muskegon Code of Ordinances.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 92, Sec. 92-33, section 6.32 (Riding prohibited in specified areas) of the City of
Muskegon Code of Ordinances is hereby repealed and reserved.

This Ordinance adopted:

                 Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis

                 Nays: None

Adoption Date:         May 24,2005

Effective Date:        June 11, 2005

First Reading:         May 24,2005

Second Reading:        N/A


                                              CITY OF MUSKEGON .



                                                     Gail A. Kundinger, MMC
                                                     City Clerk

                                         CERTIFICATE

The undersigned, being duly qualified Clerk of the City ofMuskegon, 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 241h day of May, 2005, 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 Clerk's Office. 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 require thereby.

DATED: May 24, 2005



                                       Clerk, City of Muskegon
        shall assign a number to each bicycle so registered and delivery to the applicant
        a license plate bearing the number so assigned. Such license plate shall be
        firmly attached to the rear of the bicycle and shall be valid for that bicycle only
        and shall not be transferred from one bicycle to another. Upon assigning such
        number and issuance of such plate, the number of such bicycle shall be stamped
        upon the framework of the bicycle so registered .
(2)     All bicycle license plates shall remain the property of the city, and the chief of
        police or any of the policemen of the city are hereby authorized to confiscate and
        take possession and custody of any such plate attached to any such bicycle for
        which it was not issued, or when the person to whom the plate was issued has
        made or is making unlawful use thereof.
(3)     In the event of the loss of a plate issued under this section, a duplicate plate may
        be obtained by paying the cost thereof to the city.
(4)     A person who violates this section is responsible for a civil infraction.
        Section 6.30. After section 6.29, add section 6.30 as follows:
Section 6.30. Removal , alteration, etc., of license or frame number, license plate, seal,
       etc.
(1)    It shall be unlawful for any person to willfully or maliciously remove, destroy,
       mutilate or alter the number of any bicycle frame registered pursuant to the
       article. It shall be unlawful for any person to remove, destroy, mutilate or alter
       any bicycle license plate, seal or registration card during the time in which such
       license plate, seal or registration card is operative. Nothing in this section shall
       prohibit the police department from stamping numbers on the frames of bicycles
       on which no serial number can be found , or on which such number is illegible or
       insufficient for identification purposes.
(2)    The police department is herewith empowered and authorized to impound any
       unlicensed bicycle or any bicycle found with the license or frame number
       removed , destroyed, mutilated or altered until such time as the person in
       possession, or the owner of the bicycle, can prove ownership. In the event proper
       ownership is not proven within 60 days after the date of impoundment, the
       bicycle can be sold at public auction.
(3)    A person who violates this section is responsible for a civil infraction.
       Section 6.31. After section 6.30, add section 6.31 as follows:
Section 6.31 . Riding prohibited on limited access or multilane roadway.
(1)    No person shall ride any bicycle on Apple Avenue, Laketon Avenue, Webster
       Avenue, Muskegon Avenue, Sherman Boulevard, Seaway Drive, or any other
       limited access or multilane roadway within the city, where parking has been
       prohibited. Any person operating along these routes shall be required to use the
       pedestrian walkway adjacent thereto.
(2)    A person who violates this section is responsible for a civil infraction.


 ------Section 6.32. After section 6.31, add section 6.32 as follows:
Section 6.32. Riding prohibited in specified areas.
 1)    No person shall ride any bicycle anywhere in the following area: that area
       bounded on the north and south by Western Avenue and Clay Avenue and their
       adjacent sidewalks, both inclusive, and bounded on the east and west by Pine
       Street and Fourth Street, and their adjacent sidewalks, both inclusive. This same
       prohibition upon riding shall extend to the easterly side of Jefferson Street and its
       adjacent sidewalk between Clay Avenue and Webster Avenue.
(2)    A person who violates this section is responsible for a civil infraction.
                                            d section 6.33 as fot    s:
Section 6.33. Operation in dangerous districts.
(1)    If the safety of the operator of a bicycle, the condition of the sidewalk or highway,
       the foot or vehicular traffic, including the safety of pedestrians, is such in any
       district as to require the operator of the bicycle to dismount and push the vehicle
       or to avoid such district in the exercise of ordinary caution and prudence, it shall
       be the duty of such operator of any bicycle to dismount and push the same
       through such dangerous district or to avoid the district entirely while it is unsafe
       for the operation of such bicycle.
(2)    A person who violates this section is responsible for a civil infraction.
       Section 6.34. After section 6.33, add section 6.34 as follows:
Section 6.34. Pedal bicycle with helper motor not to be ridden on sidewalks.
(1)    No person shall ride a pedal bicycle with helper motor on city sidewalks.
(2)    A person who violates this section is responsible for a civil infraction.
       Section 6.35. After section 6.34, add section 6.35 as follows:
Section 6.35. Racing and trick riding.
(1)    It shall be unlawful for any person riding a bicycle to race with any other person
       riding a bicycle, to ride without using both hands on handlebars, or to indulge in
       other trick riding upon any streets, sidewalks, avenues, lanes, alleys, parks,
       bridges or other public places within the city.
(2)    A person who violates this section is responsible for a civil infraction.
       Section 6.36. After section 6.35, add section 6.36 as follows:
Section 6.36. Riding abreast, curving to and fro.
(1)    It shall be unlawful to ride abreast on bicycles upon any highway or public street,
       or to ride curving to and fro thereon. It shall be unlawful for bicycles to be ridden
       abreast on the sidewalks of the city, except when passing.
(2)    A person who violates this section is responsible for a civil infraction.
 State law reference(s)--Riding abreast on highways, MCL 257.660(2).
       Section 6.37. After section 6.36, add section 6.37 as follows:
Section 6.37. Riding on private property.
(1)    No person riding a bicycle shall ride the same upon or across the private property
       of another person without the permission of the owner of such property or the
                                    CITY OF MUSKEGON
                                   NOTICE OF ADOPTION


Please take notice that on May 24,2005, the City Commission of the City of Muskegon adopted
an ordinance to repeal and reserve Chapter 92, Sec. 92-33, section 6.32 (Bike riding prohibited in
specified areas) of the City of Muskegon Code of Ordinances.

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 ofthis publication.

Published June 1, 2005.


                                             CITY OF MUSKEGON


                                             By:
                                                   --~~~=-~--~~~------
                                                    Gail A. Kundinger, MMC
                                                    City Clerk
                  Commission Meeting Date: May 24, 2005

Date:                 May6, 2005
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                             dC
RE:                   Sale of Buildable Vacant Lot at 340 Meeking


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 340 Meeking Street (Parcel #24-613-000-
0689-00) to Urban Development and Construction Company, LLC, 109 E. Laketon Ave,
Muskegon, MI. The lot is 100 x 134 ft. (13,400 sq. ft.) and is being offered to Urban
Development and Construction Company, LLC for $6,750. Urban Development and
Construction Company, LLC will be constructing a 3 bedroom, single family home with a two
stall garage, which will comply with the City's Policy for Sale of City-Owned Residential
Property. The True Cash Value (TCV) for the property listed in the Assessor's office is
$9,000, so our price is set at $6,750 which is 75% of that amount.

FINANCIAL IMPACT:
The sale of this lot for construction of 1 (one) new home will generate additional tax revenue
for the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.

COMMITTEE RECOMMENDATION:
None.




5/6/05
                               Resolution No. 2005-47(d)

                         MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 340
MEEKING STREET IN MARQU ETTE NEIGHBORHOOD FOR $6,750.

WHEREAS , Urban Devel opment and Construction Company, LLC has placed a $400
deposit for the parcel designated as parcel number 24-613 -000-0689-00, located at 340
Meeking Street; and

WHEREAS, the price for parcel number 24-613-000-0689-00 is set by the City at
$6,750, which is 75% of the True Cash Value (TCV) listed in the City Assessor's
Office; and

WHEREAS, the sale would generate additional tax revenue for the City and relieve the
City of further maintenance costs; and

WHEREAS, the sale is consistent with City policy regarding the disposition of buildable
lots.

NOW THEREFORE BE IT RESOLVED, that parcel number 24-6 13-000-0689-00,
located at 340 Meeking Street be sold to Urban Development and Construction
Company, LLC for $6,750.


  CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4 S Yz OF LOT 688 &
                       ALL LOTS 689

Adopted this 241h day ofMay, 2005.

Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Cm1er, and Davis

Nays: None

Absent: None




                                                     Gail Kundinger, MMC
                                                     City Clerk
                                    CERTIFICATION
                                      2005-47(d)

I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan at a regular meeting held on May 24, 2005.
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                                   REAL ESTATE PURCHASE AGREEMENT


       THIS AGREEMENT is made @ 0 '-'             c:l (         , 2005, by and between the
CITY OF MUSKEGON, a municipal corpdfation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and Urban Development and Construction Company, LLC, a
Michigan limited liability company, of 109 E. Laketon Avenue, Muskegon, Michigan 49442
("Buyer").

        1.      General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy real estate, and all improvements thereon, with all beneficial easements, and
with all of Seller's right, title and interest in all adjoining public ways, the real property located in
the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:

           CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4, LOT 688 & ALL
           OFLOT689

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.     Purchase Price and Manner of Payment. The purchase p1ice for the Premises
shall be Six Thousand Seven Hundred Fifty and no/100 Dollars ($6,750.00).

        3.     Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

         4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (1 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (1 0) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.

         5.      Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the home


0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sa!es\340 Meeking\Purchase agreement. DOC
and driveway. The home shall be substantially completed within eighteen (18) months and, in
the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.

        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.

     7.    Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY W AlVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WANES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.

        8.       Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.

       9.     Closing. The closing date of this sale shall be on or before----:-----::=-:-:--::----
 2005 ("Closing"). The Closing shall be conducted at Land America Transnation Title Insurance
 Company, 570 Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall
 execute an IRS closing report at the Closing.




0:\Pianning\COMMON\Property\Buildable lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement. DOC
       I 0.    Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

       11.     Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit ofTitle.

        12.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       13.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.

                     Buyer shall pay for the cost of recording the deed to be delivered at Closing.

           14.       General Provisions.

                 a.     Paragraph Headings. The paragraph headings are inserted in this
           Agreement only for convenience.

                   b.     Pronouns. When applicable, pronouns and relative words shall be read as
           plural, feminine or neuter.

                 c.     Merger. It is understood and agreed that all understandings and
          agreements previously made between Buyer and Seller are merged into this Agreement,
          which alone fully and completely expresses the agreement of the parties.

                 d.      Governing Law. This Agreement shall be interpreted and enforced
          pursuant to the laws of the State of Michigan.

                 e.      Successors. All terms and conditions of this Agreement shall be binding
          upon the parties, their successors and assigns.

                  f.      Severability. In case any one or more of the provisions contained in this
          Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
          respect, such invalidity, illegality, or unenforceability shall not affect any other provision
          of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
          unenforceable provision(s) had never been contained herein.

                 g.      Survival of Representations and Warranties. The representations,
          warranties, covenants and agreements contained in this Agreement and in any instrument
          provided for herein shall survive the Closing and continue in full force and effect after
          the consummation of this purchase and sale.




0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement. DOC
                  h.      Modification of the Agreement. This Agreement shall not be amended
           except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.

WITNESSES:

~                   1&6/1
 .t://ltia      ,4 rrcr

  ~~~~s\[:
        To ~I\ \.<'\v IC~:~w<>.k;

                                                                   BUYER: URBAN DEVELOPMENT AND
                                                                          CONSTRUCTION COMPANY, LLC


                                                            '/J?D~&~uJ>c
                                                             ~tek
                                                                   Its: Member
                                                                   EIN# :_ _ _ _ _ _ __




0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement.DOC
                                                                                                             \
                                                                                        ,;oa:V/(J)
                                      ACCOMMODATION LETTER                                s--~r-or


Date:            June   06 2005

RE:              340 Meeking Street
                 Muskegon, MI 49442

Escrow No.:      MUS438570




We, the undersigned buyers and sellers, herein acknoWledge and agree that the closing, held as of
this date, on the above captioned property, is not being disbursed, and will not be considered
complete until the following requirements have been met:
                                               •
Holding in Accommidation until reciept of funds from Scott Lubber at Fifth Third.
Scott is financing 100% of Construction which includes purchase of land.

If the above requirements have not been fulfilled by 06/30/2005 papers signed today and will be null
and void and all monies will be returned to the remitter(s).          Upon making such delivery, and
performance of any other services included above, you will thereupon be released and acquitted from
any further liability concerning the deposit, it being expressly understood that liability in any event is
limited by the terms and conditions set forth herein.      By acceptance of this agency, you are in no
way assuming any responsibility for the validity or authenticity of the subject matter of the deposit.


The undersigned further agree to hold harmless Transnation Title Insurance Company for loss or
damage resulting from the failure to perform.



The   City   of Muskegon
                                                        Closing Agent:




tj;l~itll~lf£1anner i                                   Lender and/or Broker:




Urban Development and Construction Co., LLC




DELIVERY INSTRUCTIONS:

Buyers: __ Mail _ _ _             Delivery by Salesperson _ _ _ _ Pickup
Sellers: __ Mail _ _ _            Delivery by SalespersOn _ _ _ _ Pickup
Listing Commission: _ _           Pickup ___ Deliver
Selling Commission: _ _           Pickup ___ Deliver
                   ACKNOWLEDGEMENT OF HOMEOWNER'S PRINCIPLE RESIDENCE EXEMPTION
                  AFFIDAVIT AND REQUEST TO RESCIND HOMESTEAD EXEMPTION AND PROPERTY
                                          TRANSFER AFFIDAVIT·

      Date: June 06, 2005
      Commitment No.: MUS438570
      Property: 340 Meeking Street, Muskegon, Ml 49442

     The undersigned herby acknowledges receipt of Property Transfer Affidavit form (Michigan
     Department of Treasury Form No. L-4260) as same is required by Public Act 415 of 1994 which
     imposes obligations on buyers/transferees to file said form within 45 days of the date of transfer.
     The undersigned further acknowledges that Transnation Title Insurance Company is under no
     obligation to provide said form but does as an accommodation to the undersigned. The
     undersigned assumes all liability relative to compliance with the Act and, accordingly, holds the
     Company harmless from and against any liability relative thereto.

     Please check one of the following:

     0  The undersigned do not request that Transnation Title Insurance Company file the form on
     their behalf.

    ~The undersigned have fully and properly completed the form and request that Transnation
     Jhtte Insurance Company mail the form by first class mail and acknowledges that the Company
     'shall not be liable in the event that any of the information provided on said form is inaccurate or
      incomplete, or in the event that said form is not received or properly processed by the local tax
      collecting unit.

    The undersigned herby acknowledge receipt of the Homeowner's Principle Residence Exemption
    Affidavit (Michigan Department of Treasury Form No. 2368) as same is required by Public Act 415
    of 1994 which imposes obligations on Purchasers/Transferees to file the form within 45 days of
    the date of transfer. The undersigned further acknowledge(s) that Transnation Title Insurance
    Company is under no obligation to provide said form but does so as an accommodation to the
    undersigned. The undersigned assume(s) all responsibility relative to compliance with the Act
    ·~d, accordingly, holds the Company harmless from and against any liability relative thereto.

        The undersigned do not request that Transnation Title Insurance Company file the form on
     th ir behalf.                            o



     0   The undersigned have fully and properly completed the form and request that Trans nation
     Title Insurance Company mail the form by first class mail and acknowledges that the Company
     shall not be liable in the event that any of the information provided on said form is inaccurate or
     incomplete, or in the event that said form is not received or properly processed by the local tax
     collecting unit.

     BUYERS:

    Urban Development and Con truction Co., LLC

(    . <:;.. ··

    By ··Paul Witek, Me     ber
     Michigan Department of Treasury                                                                                                                              L-4260
     2766 (Rrv. 7-UO)
                                                                                                                                 Thisjom1 is issued under altthority of
     PROPERTY TRANSFER AFFIDAVIT                                                   P.A. 415 of 1994. Filing is mandatory.

    This form must be filed whenever real estate or some txpes of personal property arc transfen·ed (even if you
    are not recordmg a deed). It IS used by the assessor to msure the propelty 1s assessed properly and receives
    the coJTect taxable value. It must be filed by the new owner with the assessor for the city or township
    where the property is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day
    (maximum $200) applies The information on this form is NOT CONFIDENTIAL
     1. Street Address of Property                                              2.    County                          4.   Date of Transfer {or land contract was signed)
     340 Meeking Street                                                         Muskegun                              June 6, 2005

     3. Cityrfownship/Village of Real Estate                                    Township/City/Village

     City                                                                       Muskegon                              5. Purchase Price of Real Estate
                                                                                                                      $6,750.00

    6. Property Identification Number [EJM. If you don't have a PIN, attach a legal description.                      PIN. This number ranges from 10 to 25 digits. It
    61-24-613-000-0689-00,                                                                                            usually includes hyphens and sometimes includes
                                                                                                                      letters. It is on the property tax bill and on the
                                                                                                                      assessment notice.
    7. Seller's (Transferor) Name                                               8. Buyer's (Transferee) Name and Mailing Address
    Citv of Muskegon, a municipal corporation                             I     Urban Development and Construction Company, LLC, a Michigan
                                                                                Limited Liability Company
    Items 9~ 13 are optional. However, by completing
    them you may avoid further correspondence.
                                                                                340 Hooki•g Slfeet-- I •' 9 hfl!(r:T&A/
                                                                                Muskegon MI 49442

                Trausfers include deeds, land contracts, transfers involving
                trusts or wills, certain long-term leases and interest in a    ,9. Type ofTmnsfer?
                business. See the back for a complete list.
                                                                                                            II.   Amount of Down Payment
                  I 0. Is the transfer between related persons?

         l12. If you Gnanced the pmchase did you p:~y market rate of jnterest? 13. Amount Financed (Borrowed)
    Exemptions ______________________________________________________________________________________

    The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
    the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
    property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the types of
    exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, indicate below the
    type of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your
    claim.
        D         transfer from one spouse to the other spouse
        D         change in ownership solely to exclude or include a spouse
        D         transfer of that portion of a property subject to a life lease or life estate (until the life lease of life estate expires)
        D         transfer to effect the foreclosure or forfeiture of real property                                                  'f
        D         transfer by redemption from a tax sale
        D         transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust
        D         transfer resulting from a court order unless the order specifies a monetary payment
        D         transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
        D         transfer to establish or release a security interest (collateral)
        D         transfer of real estate through normal public trading of stocks
        D         transfer between entities under Common control or among members of an affiliated group
        D         transfer resulting from transactions that qualify as a tax-free reorganization
        D         transfer of qualified agricultural pr(!perty when the property remains qualified agricultural properfy and affidavit has been filed.
        D        other, specify:
    Certification -------------------------------:------:--c------:c---c----:---:---------------------------
    I certify that the information above is true and complete to be best of my knowledge.
(                                                                                          ~~~~~~~~----~-------------.
    Ownet'S     S~~at_ul$.                                                                     lfsigner is other than the owner, print name and title.
    ·             Ct:J-
     --~---"'"·-..,_..:...   __ _
                                             Q!l!T-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation,
of933 Terrace Street, Muskegon, Michigan 49440,

QUIT CLAIMS to Urban Development and Construction Company, LLC, a Michigan limited liability
company, of 109 E. Laketon Avenue, Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:

                    CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4,
                    SOUTH Y, OF LOT 688 & ALL OF LOT 689

for the sum of Six Thousand Seven Hundred Fifty and no/100 Dollars ($6,750.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family
home on the premises herein conveyed within eighteen (18) months after the date hereof. In default of such
construction, title to the premises shall revert to the City of Muskegon free and clear of any claim of
Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance
free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary for
construction of the homes and driveways. 11 Complete construction" means; ( l) issuance of a residential
building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of
Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title of the above-described premises, improvements made thereon shall become the property
of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one {I) single family home, and it shall be owner-occupied for five (5) years after the
date of this deed. These covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this ~day of            C(\.a :J            '2005.

Signed in the presence of:


c{;:j~ /o~


STATE OF MICHIGAN
COUNTY OF MUSKEGON

        Signed and sworn to before" me in Muskegon County, Michigan, on .,?~ , 2005, byll!ott
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor ada Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.




PREPARED BY: John C. Schrier
Parmenter 0 1Toole

175 W. Apple Avenue/P.O. Box 786                        :-f!'lh~"'~. .s.."A:~~>?"a.."!'"'...L""'-"---.,--=--county, Michigan
Muskegon, Ml 49443-0786                                 My Comm~rfxPires: -~2'-'-'-'.;?"'--'S'.>.c:.-..<.0'-"?'----~
Telephone: 2311722-1621


WHEN RECORDED RETURN TO: Grantee                        SEND SUBSEQUENT TAX BILLS TO: Grantee


0:\Ptannlng\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\QUIT claim
deed.doc
 Date: June 06 2005
 Commitment No.: MUS438570
 Property Address: 340 Meeking Street, Muskegon, Michigan 49442

The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
required by Public Act 237 of 1994.

·~he
~If.
     undersigned do not request that Transnation Title Insurance Company file the form on their
                                                                       ·

D  The undersigned have fully and properly completed the form and request that Transnation Title
Insurance Company file the form with the appropriate local tax collecting unit. The undersigned
acknowledges and agrees that the Company will mail the form by first class mail, and that the
Company shall not be liable in the event that any of the information provided on said form is
inaccurate or incomplete, or in the event that said form is not received or properly processed by the
local tax collecting unit.


Sellers:

The City of Muskegon




                                Transnation Title Insurance Company
                             570 Seminole Rd Ste 102, Muskegon, MI 49444
                               Phone: 231-737-9111 Fax: 231-737-7304
                           BUYERS ACCEPT PROPERTY "AS IS"

  Date: June 06, 2005


  Property:  340 Meeking Street
             Muskegon, MI 49442
  Commitment No.: MUS438570


         We, the undersigned, being the buyers of the above captioned property, understand and
  acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
  Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
  or the condition thereof.

        Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
 Title Insurance Company, from any responsibility andjor liability, loss or damage relative thereto .
                                             •
        The foregoing agreement is hereby accepted and approved on June 06, 2005.



Urban Development and Construction Co., LLC


     -_\"~~~I'    I
By-~~~~~~~~ ~-)'--;t~ VI_}X:;;~p~
( - \ r----




                                                                             '
                                  CONTINGENCY REMOVAL

 Date: June 06, 2005

 Property:    340 Meeking Street
              Muskegon, MI 49442

 Seller(s):   City of Muskegon, a municipal corporation

 Buyer(s):    Urban Development and Construction Company, LLC, a Michigan Limited Liability
              Company

 Commitment No.: MUS438570


          In reference to the sales agreement dated 5/24/2005 between the Buyer(s) and Seller(s)
 herein identified, and all subsequent addendums to that agreement for the property stated above,
 it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
 been met, resolved or removed to the satisfaction of all parties concerned.

        Further, the undersigned agree to indemnify, save and hold harmless and and
 Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
 relative thereto.



Urban Development and Construe ion Co., LLC




The City of Muskegon



~~it~~~                          Planner/
                                         Transnation Title Insurance Company
                                              570 Seminole Rd Ste 102
                                                Muskegon, MI 49444

Escrow Officer: Amy Fett                                                                           Title No.: MUS438570
                                                                                                        Date: 06/06/2005
                                         SELLER'S SETILEMENT STATEMENT


Seller(s):       City of Muskegon, a municipal               Buyer(s):   Urban Development and Construction
                 corporation                                             Company, LLC, a Michigan Limited Liability
                                                 0                       Company

Property:       340 Meeking Street
                Muskegon, MI 49442
                Muskegon Urban Renewal 4, Lot 688 & 689

                                                                                     DEBIT                   CREDIT

Contract Sales Price                                                                                          $6,750.00
Earnest money held by seller                                                            $400.00
Commission Paid at Settlement                                                             $0.00
                              to
                              to
Settlement or closing fee to LandAmerica Transnation                                    $125.00
Title insurance to LandAmerica Transnation                                              $214.00
                                       ***** Sub Total                                  $739.00               $6,750.00
Balance Due To Seller                                                                 $6,011.00
Total                                                                                 $6,750.00               $6,750.00


                       The above figures do not include sales or use taxes on personal property.
                                             APPROVED AND ACCEPTED

                                                               Broker:
The City of Muskegon



~W-i£¥~~-r\                                                    By:
                                         Transnation Title Insurance Company
                                              570 Seminole Rd Ste 102
                                                Muskegon, MI 49444

Escrow Officer: Amy Fett                                                                          Title No.: MUS438570
                                              c
                                        PURCHASER'S SETTLEMENT STATEMENT
                                                                                                       Date: 06/06/2005



Buyer(s):       Urban Development and Construction         Seller(s):      City of Muskegon, a municipal corporation
                Company, LLC, a Michigan Limited "
                Liability Company

Property:       340 Meeking Street
                Muskegon, MI 49442

                Muskegon Urban Renewal 4, Lot 688 & 689


                                                                                DEBIT                    CREDIT
Contract Sales Price                                                              $6,750.00
Deposit or earnest money                                                                                      $400.00
Settlement or closing fee to LandAmerica                                            $125.00
Transnation
Recording                Deed:           Mortgage:           Releases:               $14.00
Fees                    $14.00

                                        ***** Sub Total                           $6,889.00                    $400.00
Balance Due From Borrower                                                                                    $6,489.00


Total                                                                             $6,889.00                  $6,889.00



                      The above figures do not include sales or use taxes on personal property.
                                            ACCEPTED AND APPROVED

                                                             Broker:
Urban Development and Construe on Co., LLC



                                                             By:
                                 . --
                                         SURVEY WAIVER

   Date: June 06, 2005


   Property:340 Meeking Street
            Muskegon, MI 49442
   Commitment No.:  MUS438570


         We, the undersigned, herein acknowledge that we have been strongly advised to obtain a
   land survey showing the dimensions of the property and the location of all buildings situated
   thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
   complete the transaction without the recommended survey.

         Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
  Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
  pertaining to survey matters, including but not limited to size of lot or land, location of boundary
  lines, locations of buildings and encroachments of any kind .



 . . ~rbanDevelopment and Construcrn Co., LLC




( J,~~~"~~ ~j~ ~                       ... L• •Y*t
                                                                         Commitment No: MUS438570



                             ADDENDUM TO PURCHASE AGREEMENT
  Relative to the Purchase Agreement by                                          2067         0

                                                                                                                                                      lJ                                                2067                              ~

                                                                              -~
                                                                     G
              2062
                                                  2063
                                                                              II    ,. 2060
                                                                                    0                                                                         0 2060
                                                                                                                                          "'U:e1      I
                                                                     f.
                                                                                                                                                      -
      :!:.    2056                                 2053                                      2054


                                                                                                                                                                                                                                      3:
                                                                                                                                                                      2054
                                                                                                                                          "                                                             2057'
      c 2050                                       2049                             .                                              2049 ';


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                                                                                                                                                                      2046
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             '',-,-, "                             '" '"
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                                                                                         " "             J6       40         7H               .16.2                   .,)               l I 70-~ I
                                                                                                                                                                                         45
                                                                                                                                                                                                                  ""              '   :l
                                                                                                                                                                            1~~=
                                                                                             1972 m_s ...                  125.8

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                                                125 JJ
                                                            1953
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                                                                                                                                                              ~ 1954
                                                                                                                                                                           1962

                                                                                                                                                                                                 I"
                                                                                                                                                                                                                                       $20
             1944

             194Q.
                                                125.27
                                                            1949

                                                            1935
                                                                                    "
                                                                                             1946                                       1949 •

                                                                                                                                              ~.
                                                                                                                                                                        1946
                                                                                                                                                                                                                                       Cl
                                                                                                                                                                                                r
                                                125 20                                                                                     <0
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                                                                                                                                               0
                                                                                                                                                              ~~        1940
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                                                                                                                                                                                        1919.
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                                                             f-·-··
  [::J RW.. 1 . LowOtnstt,tM-•FtmlfYAts~li
  E:22l ,.,.~wo6umCloM ,..,....,.., ... I ""U"' <>"   I
                                                                                        EACH                1                   $450.00                  $450.00 $          225.00      $      225.00   $     300.00      $     300.00     $    430.00
30 I STORM SEWER 1 0" !                    35                                           .IN. FT. I         24                    $35.00 I                $840.001 $          63.00 I $       1,512.00 I$       25.00 I $        600.00 I$        47.00 I $          1,
31 TEE D.C.!. 8" x 8'                                                                   EACH I              2              I    $300.00 I                $600.00 I $        360.00 I $         720.00 I $     350.00 I $        700.00 $        420.00 $                 g,
32 TRAFFIC CONTR                                                                        LUMP      -1-        1         -t $7,500.00 I                  $7,500.001 $       7,500.00      $    7,500.00   $    4,175.00     $    4,175.00    $   2,000.00   $         2,000.00
                 i REPAIR                                                                                                          ;o.oo-1-            $4,000.0g(_  s        9o.oo-J.   s    7,200.00-J- $     10.00-1-   s      8oo.oo    s     16.00 $            1,28o.oo
             JRAIN 6" PIPE                                                                                                                                                                                                     2,592.00 $         4.00 $            1,728.0Q_
        .LVE 6" GATE M.J. W/BOX                                                                                                                            15o.oo I s       625.1                             615.00           1,230.00 $       72(
.)0 vf-l.LVE 8" GATE M.J. W/BOX                                                                                                                                             800.
37 WATER SERV                                                                                                                                                                                   727.                                                      $         2,74:>.UU
38 WATERMAIN I                                                                                              51                   $35.1                                                         ,683.1                                                     $         1,73~ ~~

., 0 'MA.TERMAIN 8" D.C.!. CL. 52                                                      LIN.                                      $34.on              $40,528.001 $           31             37,548.1
                                                                                                                                                                                                                                    ""'+                      $1;
                                                                                                          TOTAL                                                                                                                     ~


                                                                                                                                                                                                                                                          PAGE 1 OF 2
                                                       ~------------,------                             -------------------
                                                               BID TABULATION 05/17/05
                                                                     IUK                                                          WADEL STABILIZATION                              DAN HOE EXCAVATING
                                                                                          ENGINEER'S                               2500 N. OCEANA DR.                                13664 ROCKY'S RD
                                                                                                                                     HART, Ml 49420                                 l-Int   I AMn. Ml 49423

                              ITEM OF WORK        UNIT         QTY         UNIT COST! TOTAL PRICE                            UNIT COST         TOTA~-~RICE               I    UNIT COST      TOTAL PRIC
     ADJUST MANHOLE CASTING                       EACH           3           $325.00        $975.1                               450.1                                             35             1,050.
     AGGREGATE BASE COURSE 22A@ 6" C.I.P.        SQ. YD.       3659             $5.00-f_                                           -s:;                                               5.00 $     18,295.
     BENDS D.C.I. 8" 45° M.J.                     EACH           8              $2~                                                 350                            00               350.00 $      2,800.vv
     BIT. LEVELING MIX 3C@ 165#/S.Y.               TON          302                                                                                                                    1.00 $    18,120.00
     BIT. TOP MIX 4C @ 165#/S.Y.                   TON          302
                                                                                  $-
                                                                                 $50.00                                                                                                .    -- - •o,l20.1
                                                                                                                                                                                                 ~-


  6 ICATCH BASIN CASTING JEW#7045 OR EQUA~- _     EACH           6              $500.0ot               $3,000.                                                                                    3,300.1
                                                                                                       $7,800.                                                                                         6!
                                                                                                        $476.




        CHINE GRAi:uNG Moo.                     -STA.           11.1            $8oo.oo                S8,8so.oo            s      1,8oo.oo s         19,98o.oo s                  1,5oo.oo
        ""--'"'.ECASTINGEJIW#10400REQUAL          EACH           1              $475.00                 $475.00             $        800.00 $            800.00 $                    550.00 IS              550.00_
               -:;:FLOW LINE                      EACH           1              $150.00                 $150.00             $        600.00 $            600.00 $                    500.00 I$              500.
                    8" TO 6" D.C.!. M.J.          EACH           4              $200.00                 $800.00             $        225.00 $            900.00 $                    250.00j_ $          1,Q_Q_QJ
       :MOVI~                                          ~H                           .00                                                               ...!,                                              1,500.1
       :MOVI~                                         . Fl                          ]0                                                                                                                      735~
          rtc1v1UVING CONC. CURB & GUTTER             . Fl                          .00                                                               1.
          REMOVING CONC. DR                         I.YI                               •O,;;JU           -1'11Uo>1U         -1'      ..lU.UU   ,jl            ;;JIU.UU       .1)      IUoUU     ,jl          IIU.UU

          REMOVING CONC. GU                      LIN. FT.       61               $10.00                 $610.00 $     15.00 $                            915.00           $           10.00 $              610.00
          REMOVING CONC. SW                        ESQ..       350                $2.00                 $700.00 $      3.00 $                          1,050.00           $            1.00 $              350.00
  ..... REMOVING PAVEM                            SQ.YD.       3659               $4.00               $14,636.00 $     4.50 $                         16,465.50           $            4.00 $           14,636.00
  27 SAND REFILL                                  CU.YD.       1697               $6.00               $10,182.00 $    12.00 $                         20,364.00           $            9.00 $           15,273.00
  "
      0
          SLEEVES LONG 6" D.C.!. M.J.              EACH          4              $400.00                $1,600.00 $ 1,000.00 $                          4,000.00           $          500.00 $            2,000.00
                   ) LONG 8 .. D.C. I. M.J.        EACH          1              $450.00                 $450.00 $ 1,000.00_ $                          1,000.00           $          500.00 $              500.00
          STORM SEWER 10" SDR 35                -LIN. FT. I     24         ~~5.00                I      $840,QQU_     80.00 I $                        1,920.00          I$           45.00[$            1,080.00
          TEE D.C.!. 8" X-~" x 6"                  EACH I                  I
          TRAFFIC CONl
          TRENCH REPA
                                                   LUMP -+
                                                                 2
                                                                 1     -+        $300.00
                                                                               $7',500.00
                                                                                   $50.00
                                                                                                        $600.00 $

                                                                                                       $4,000.00 $
                                                                                                                     350.00 $
                                                                                                       $7,500.00 $ 4,500.00 $
                                                                                                                      40.00 $
                                                                                                                                                         700.00
                                                                                                                                                       4,500.00
                                                                                                                                                       3,200.00
                                                                                                                                                                             $
                                                                                                                                                                             $
                                                                                                                                                                             $
                                                                                                                                                                                     400.00 $
                                                                                                                                                                                   3,000.00 $
                                                                                                                                                                                     125.00 $
                                                                                                                                                                                                           800.00
                                                                                                                                                                                                         3,000.01
                                                                                                                                                                                                        10,000.1
          UNDERDR                                               4:                 $15.00              $6,480.00 $     6.00 $                          2,592.00              $         8.00 $            3,456.1
          VALVE 6" I                                  AC                        $§J5.oo                $1,15o.oo $_ 75o.oo                     s        ~.~oo.oo             $       75o.oo     s        1,500.1
            'ALVE 8"                                  AC                        $70o.oo          I     $5,soo.ool s  95o.oo I s                        7,6oo.oo              $       85o.oo s            6,8oo.1
            VATER SERVICET'fYPE'                                                                                       5.00 $                          1,525.00              $        15.00 $            4,575.1
            VATERMAIN 6" D.C.I. CL 5:                                                                                 40.00-+ $                        2,040.00              $        25.00 $            1,275.1
I .:,,., I'IVATERMAIN 8" D.C.!. CL. 5:           Ll            1192                     :1.01                                                         34,568.00              $        30.00 $           35,760.1
                                                             ]TOTAL                                  ~1"-7   !';.R7,!';.0                            ~?M ~?~}H>                                       S:?n? . .4?n   nnl

                                                                                                                                                                                                                           PAGE20F2
                                                     n""   I UU£.- 1-1"'-l'"U,r'-1...11'1 "-'I., ~~ '-._ 1 - • ' " ,-,w - ·      • - •• ""--•.., • - • ~• - ·

                                                                                        BID TABULATION 05/17/05
                                                                            CONTRACTOR I                                             SCHULTZ EXCAVATING                         JACKSON-MERKEY                                MCCORMICK SAND
                                                                                   A                       ENGINEER'S                                                         555 E. WESTERN AVE.                             998 S.102ND AVE.

                                                                                                                                                                            MUSKEGON, Ml 49441                               SHELBY     Ml 49455
                                                                                        Q          UNIT COST I TOl
                                                                                                                                                                   onn.,..,..,....,..,..
                                                                                                                                                        , ,,,..,._ ... ..., , ............... , .,..,....,..
                                                                                                                                                                                                  ,..., ,AL PRICE        UNIT COST      TOTAL PRICE
                                     ITEM OF WORK
  1    ADJUST MANHOLE CASTING                                                                        $3:                )25.001 $      380.00    $    1,900.00 $              375.00 $                        1,875.00   $   475.00     $    2,375.00
  2    AGGREGATE BASE COURSE 22A 6" C.LP.                            SQ. Y[                 ,29-                                         6.25    $   18,306.25 $                     6.50 $                  19 038.50   $     4.63     $   13,561.27
  3    BENDS D.C.I. 8" 45° M.J.                                       EA'                                                              225.00    $    1,800.00 $              275.00 $                        2,200.00   $   290.00     $    2,320.00
  4    BIT. LEVELING MIX 3C@. 165#/S.Y.                                TC                                                               43.50    $   10,483.50 $                 43.45 $                     10,471.45   $    41.41     $    9,979.81
  5     BIT. TI"\D
              • -· .....
                    l    c4C_@T65#/S.Y.                                                                                                 46.50    $   11,206.50 $                 44.45 $                     10,
        CATCH BASIN CASTING EJIW #7045 OR EQUAL                       EA
       CATCHBASIN FLAT TOP                                            EACH               1         $1,300.00         $1,300.00   $    1,050.00 $      1,050.00 $             1,300.00 $                 1,                                                     00
       CORP.STOP1"MUELLER#150000REQUAL                                EACH               5          $225.00          $1,125.00   $      190.00 $        950.00 $               245.00 $                 1,225.00         $     220.00   $        1,
       CROSS D.C.!. 8"x 8" M.J.                                       EACH               2           $450.00           $900.00   $      350.00 $        700.00 $               350.00 $                    700.00        $     600.00   $        1,200.uu
        CURB & GUTTER STANDARD DETAIL I                              LIN. FT.           10             $9.00            $90.00   $       16.00 $        160.00 $                16.50 $                    165.00        $      20.00   $           200.00
       CURB STOP I" WI BOX MUELLER#15150 OR EQUAL                     EACH               5          $250.00          $1,250.00   $      300.00 $      1,500.00 $               275.00 $                 1,375.00         $     260.00   $        1,300.00
 '""   CUT,CAP AND RESTRAIN EXIST. 6" WATER MAIN                      EACH               1          $300.00           $300.00    $      875.00 $        875.00 $               850.00 $                   850.00         $     650.00   $           650.00
 13     HYDRANT STD.                                                  EACH               3         $1,400.00         $4,200.00   $    1,500.00 $      4,500.00 $             1,295.00 $                 3,885.00         $   1,525.00   $        4,575.00
 14     MACHINE GRADING MOD.                                           STA.             9.3          $800.00         $7,440.00   $      650.00 $      6,045.00 $             1,900.00 $                17,670.00         $   1,036.00   $        9,634.80
 15    MANHOLE CASTING EJIW #1040 OR EQUAL                            EACH               3          $475.00          $1,425.00   $      350.00 $      1,050.00 $               460.00 $                 1,380.00         $     450.00   $        1,350.00
 16    REDUCERS 8" TO 6" D.C.I. M.J.                                  EACH               4          $200.00           $800.00    $      250.00 $      1,000.00 $               160.00 $                    640.00        $     265.00   $        1,060.00
           ··~· .. ··~CATCH BASIN                                     EACH               1           $300.00           $300.00   $      300.00 $        300.00 $               400.00 $                   400.00         $     290.00   $           290.00
I ••   ~~- .. ~'""'~ ~ONC. CURB & GUTrER                                                                                                                                              $                    120.00                       $           -60.00
                         'AVEMENT                                                                                                                                                     $                 8,054. 75                       $        4.393.50

I .t:-1 SANI'fARYSEWER8"SDR35 - - -         --      --         -     l.IN.Ft----:----   180-    $40.00               $7,200.06$          33.00   $    5,940.00        $        54.00--
  ...... >LEEVES LONG 6" D.C.I. M.J.                                   EACH              4     $400.00               $1,600.00 $        275.00   $    1,100.00        $       250.00         $         1,000.00 $      555.00           $        2,220.00
      _ dLEEVES LONG 8" D.C.I. M.J.                                    EACH              2     $450.00                 $900.00 $        315.00   $       630.00       $       300.00         $            600.00 $     430.00           $          860.00
  ..... ~~aRM SEWER 10" SDR 35                                       LIN. FT.            4      $35.00                 $140.00 $        400.00   $    1,600.00        $        35.00         $           140.00 $       47.00           $          188.00 I
               1 SLEEVE 12"X8" WNALVE & BOX                            EACH              1   $2,000.00               $2,000.00 $      2,500.00   $    2,500.00        $     2,650.00         $         2,650.00 $ 2,500.00              $        2,500.00
         rEED.C.I.8"x8"x6"M.J.                                ---r-EAcH--                3-    $300.0o            -    $900.00--$       36o.oo   $    -f,o8o.oo        f-     350.00-        $         1--:DSo.oo s-42Ci":"oo           ~26o.oo
  27 TRAFFIC CONTROL                                                  LUMP               1   $7,500.00               $7,500.00 $      7,500.00   $    7,500.00         $    6,750.00         $         6,750.00 $ 4,500.00              $        4,500.00
  28 TRENCHREPAIRMAJORSTREETTYPEIV                                   LIN. FT.           22      $45.00                 $990.00 $        115.00   $    2,530.00        $       190.00         $         4,180.00 $      121.82           $        2,680.04
  29 TRENCH REPAIR SPECIAL                                           LIN. FT.           322     $50.00              $16,100.00 $         82.00   $   26,404.00        $         8.50         $         2,737.00 $       28.58           $        9,202.76
  30 UNDERDRAIN 6" PIPE                                              LIN. FT.           500     $15.00               $7,500.00 $          5.75   $    2,875.00        $         6.00         $         3,000.00 $        4.00           $        2,000.00
  ~~ VALVE 6" GATE M.J. W/BOX                                         EACH               3     $575.00               $1,725.00 $        625.00   $    1,875.00         $      615.00         $         1,845.00 $      720.00           ...      ~ ~~- --
                    .:: U   I UI/DI"W                                 1:"1\I""U          !),         o, .... ...-• ...-v
       IWATERMAIN 8" D.C.I                                                                                            7,570.00                                                              $         51,106.25                         $       41,990.00
                                                                                             TAL                  $187,188.00                                                               $        199,482.40                               $18"7 R.1r~ .1n




                                                                                                                                                                                                                                        PAGE1 0F2
                                                   11-IVV,.._-,   • ....,.....,,,,.._,,., " " ' ' '   _....,.,,_,_,.,~   .. • - •   · - ,,.., _ _      •u,._ ,,..,_,
                                                                               BID TABULATION 05/17/05
                                                                                     IUK                                                WADEL STABILIZATION                      DAN HOE EXCAVATING
                                                                             ADDRESS                      ENGINEER'S                     2500 N. OCEANA DR.                            13664 ROCKY'S RD
                                                                                                                                                  HART. Ml 49420                   1-101 I ANn, Ml49423

                      ITEM OF WORK                             UNIT             QTY                            TOTAL PRICE          UNIT COST             fOTAL PRICE      UNIT COST            TOTAL PRICE
1 ADJUST MANHOLE CASTING                                       EACH                                                                      450.00               !,250.00     $   350.00          $     1,75o.on
2 AGGREGATE BASE COURSE 22A@ 6" C. J.P.                       SQ. YD.           2929                                                     ----s:36                                 5.00         $    14,645.1
3 BENDS D.C.!. 8" 45° M.J.                                    EACH                8              $2s0:oo                                  350.00                                 50.00         $     2,800.1
4   BIT. LEVELING MIX 3C   165#!S.Y.                           TON               241                  $45.00       $10,845.00              41.10                                 60.00!
5 BIT. TOP MIX4c_@ 165#/S.Y.                                    TON              241              $50.00           $12,050.00                                                    60.00              14,460.(
6 CATCH BASIN CASTING EJIW #7045 OR EQUAL                      EACH               1             $500.00                                                                                                550.(
7 CATCHBASIN FLAT TOP                                          EACH               1            $1,300.00            $1,300.00 $          1,                                                            - 00.{
                                                                                                                                                                            1....1.t
8   CORP. STOP 1" MUELLER#15000 OR EQUAL                      EACH                5              $225.00            $1,125.00 $               ~                 2,500.                                    '.5.(
n   '::ROSS D.C.I. B"x 8" M.J.                                EACH                2              $450.00             $900.00 $                l                 1,300.     ;'
                                                                                                                                                                           ,--
                                                                                                                                                                                                          n;
      :URB&GUTTERSTANOARD DETAIL!                            LIN. FT.             10               $9.00               $90.00 $       22.01                      220.
      :URB STOP I" WI BOX MUELLER#15150 OR EQUAL              EACH                5             $250.00            $1,250.00 $       250.00              ,..    ··--~---   ,..     ·--·-- ...          ---·- ..
           ~AND RESTRAIN EXIST. 6" \IV~TER MAIN               EACI:l._            1             $300.00                $300.00 $     450.00              $        450.00   $       750.00 $            750.00
            NT STD.                                           EACH                3            $1,400.00           $4,200.00 $ 1,600.00                  $      4,800.00   $     1,250.00 $          3,750.00
I<+ fMACHINE GRADING MOD.                                     STA.               9.3            $800.00            $7,440.00 $ 2,000.00                  $     18,600.00   $     1,500.00 $         13,950.00
"r u.o.uu,...,r::r-.o.._.TINGEJIW#10400REQUAL                 EACH                3             $475.00            $1,425.00 $       800.00              $      2,400.00   $       550.00 $          1,650.00
                       ·o 6" D.C.!. M.J.                      EACH                4             $200.00                $800.00 $     225.00              $        900.00   $       250.00 $          1,000.00
                  CATCH BASIN                                 EACH                1             $300.00                $300.00 $     350.00              $        350.00   $       250.00 $            250.00
          )VING CONC. CURB & GUTTER                          LIN. FT.            10               $10.00               $100.00 $       30.00             $        300.00   $        10.00 $            100.00
                                                              ._....,.VI">      2929               $4.00          $11,716.00 $          4.50             $     13,180.50   $         4.00 cr,       H.,~~ nn
                                                                                2619             _!8.00           $2q,~_~Ll___        14.00              ~--   36,666.00   $         9.00
               ITER8"SDR35                                   UN.FT.             180               $40.00           $7,200.00$         30.00              $      5,400.00   $        50.00 $          9,000.
22 SLEEVES LONG 6" D.C.I. M.J.                                EACH                4             $400.00            $1,600.00 $ 1,000.00                  $      4,000.00   $       500.00 $          2,000.1
23 SLEEVES LONG 8" D.C.I. M.J.                                EACH                2             $450.00                $900.00 $ 1,000.00                $      2,000.00   $       500.00 $          1,000.Uu
,. STORM SEWER 10" SDR 35                                    LIN. FT.             4               $35.00               $140.00 $       75.00             $        300.00   $        45.00 $            180.00
   TAPPING SLEEVE 12"X8" WNALVE & BOX                         EACH                1            $2,000.00           $2,000.00 $ 2,100.00                  $      2,100.00   $     3,000.00 $          3,000.00
                 X 6" M.J.
                   I                                          EACH                3             $300.00                $900.00 $     350.00              $      1,050.00   $       400.00 $          1,200 ......
                                                                                                        ' nn       cr,-, ,500.00 $ 8,0
                                                                                                                       _gl90.
                                                                                                                         100.

                                                                                                                                                                                                              iiO
    I VALVE 8" GATE M.J. W/BOX                                EACH               8               $700.00            $5,600.00       $         950.1                                                           ~0
    t,WAT_I;RSERVICE 1" TYPE "K" COPPER                      LIN. FT.           155               $15.00            $2,325.00       $            5.00                                                         00-
                 ~ 6" D.C.!. CL. 52                          UN. FT.             45               $35.00            $1,575.00       $          40.00            1,800.00 $             25.0(                  00
               ~--?_':_D.C.!. Cl. 52    __                   UN. FT·_           1105              $34.00           $37,570.00       $          31.00_          34,255.00 $             30.00
                                                                             TOTAL                                $187_188_00                                                                               2:_00




                                                                                                                                                                                                                    PAGE20F2
             SCHULTZ EXCAVATING   MCCORMICK SAND     DAN HOE EXCAVATING   WADEL STABILIZATION

                 5565 6TH ST      998 S.102ND AVE.    13664 ROCKY'S RD     2500 N. OCEANA DR.




. PAGE10F2
Date:         May 24, 2005
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Fair Ave., Torrent St. to Addison St.


SUMMARY OF REQUEST:
The paving as well as sanitary sewer upgrade contract (H-1598) on Fair Ave. between
Torrent St. & Addison St. be awarded to Schultz Excavating, Inc .. out of Ludington, MI.
Schultz Excavating, Inc,. was the lowest, see attached bid tabulation, responsible bidder
with a bid price of $112,618.85.


FINANCIAL IMPACT:
The construction cost of $112,618.85 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:
Award the contract to Schultz Excavating, Inc..



COMMITIEE RECOMMENDATION:
                                                  H-1598, W-674 & S-607 FAIR AVE. TORRENT ST. TO ADDISON ST.
                                                                     BID TABULATION 05/17/05
                                                                      {.;UNIKAI..>IUH                                          DAN HOE EXCAVATING                         SCHULTZ EXCAVATING                               JACKSON-MERKEY
                                                                            ~DDRESS                   ENGINEER'S                13664 ROCKY'S RD                                    5565 6TH ST                           555 E. WESTERN AVE.

                                                                                                                                                                         LUDINGTON Ml 49431·0683                          MUSKEGON, Ml 49441
                            ITEM                                 UNii        ..                                                 T COST                               UNIT COST           TOTAL PRICE                  UNIT COST      TOTAL PRICE
1 ADJUST MANH6II=-CASTINGS                                        EA.                                                                                                     425.00                                          350.00             ).00
2 AGGREGATE PREPARATORY WORK                                     STA.                                                                                  ,600.Qg            300.00                  ;,900.0_0               565.00             ).00
     BIT. LEVELING MIX3C@ 165#/S.Y.                              TON                                        _1                        0.01                                 46.                                             44.60
                          C @ 165#/S. Y.                         TON          242                                                                                          48.                     ,616.                   47.50
     CATCH BASIN CASTING E.J.#5051 OR EQUAL                      EACH                                              ,20                                 ,20                400.                      800.                  535.00     $-~.00
     CATCH BASIN CASTING E.J.#7045 OR EQUAL                      EACH                         $                                --~ .....               ,60                450.                    1.800.                    575.00   $     2,300.00
     CATCH BASIN 2' J.D.                                         EACH                   I   $1,
                                                                                                                                 sa~-~~      1   !    ~·~~~-            1,000                     5,00                    1,050.00   $     5,250.00
     ~,... .. ,,... CURB & GUTTER STD. DETAIL

           HOP 1" MUELLER#15000 OR
                      lOX
                                                                            ---.
                                                                              1!

                                                                                  4
                                                                                                                                 35
                                                                                                                                Ts....
                                                                                                                                                                  I:)
                                                                                                                                                                 ...
                                                                                                                                                                 I
                                                                                                                                                                          ~
                                                                                                                                                                            f6
                                                                                                                                                                                 ....
                                                                                                                                                                                                  1,08
                                                                                                                                                                                                      64¥·~-
                                                                                                                                                                                                  1,000.00
                                                                                                                                                                                                                             16.50
                                                                                                                                                                                                                            225.00
                                                                                                                                                                                                                            245.00
                                                                                                                                                                                                                                     $
                                                                                                                                                                                                                                     $
                                                                                                                                                                                                                                     $
                                                                                                                                                                                                                                           3,184.50
                                                                                                                                                                                                                                             900.00
                                                                                                                                                                                                                                             980.00
              'E~
              'E~
                                                                 s
                                                                 s
                                                                                                    [).00
                                                                                                    [).OC
                                                                                                                                                                                                  2,906.75
                                                                                                                                                                                                      .,.,   .....,           2.75

 3 MANHOLE CASTING E.J.#1000 OR EQUAL                            '                                  [).OC                                                                         ;·~~I:          3
 i1- REM. BIT. SURFACE BY COLD MILLING 3" TO 4"                                                                                                                                               2
15 REMOVING CONC. CURB                                           LIN. FT.     122                  $9.00       $1,098.00 $        15.00 $             1,830.00       $           5.00   $             610.00 $              16.00 $        1,952.
16 REMOVING CONC. CURB & GUTTER                                  LIN. FT.     193                  $5.00           $965.00 $       8.00 $             1,544.00       $           5.00   $             965.00
                                                                                                                                                                                                           $                 7.00 $        1,351.
17 REMOVING CONC. SIDEWALK                                       SQ.FT.      1051              $1.50           $1,576.50 $         1.00 $             1,051.00       $        1.35      $         1,418.85 $                 1.10 $        1,156.
18 SANITARY SEWER 10" D.C.I. CL. 52                              LIN. FT.     14             $165.00           $2,310.00 $        75.00 $             1,050.00       $      150.00      $         2,100.00 $               115.00 $        1,610.uu
19    SANITARYSEWERSERVICE6"SDR35                                LIN. FT.     130             $25.00           $3,250.00 $        40.00 $             5,200.00       $       48.00      $         6,240.00 $                39.00 $        5,070.00 j
20    SANITARY SEWER 8" SDR35                                    LIN. FT.     213             $25.00           $5,325.00 $        55.00          $   11,715.00       $       45.00      $         9,585.00 $                69.00    $    14,697.00
21    SANITARY SEWER WYE 8"x 6" SDR 35                            EACH          9            $150.00           $1,350.00 $       200.00          $    1,800.00       $      100.00      $           900.00 $                80.00    $       720.00
22    STORM SEWER 10" S.D.R. 35                                  LIN. FT.      81             $27.50           $2,227.50 $        40.00          $    3,240.00       $       46.00      $         3,726.00 $                24.00    $     1,944.00
23 STORM SEWER 15"" S.D.R. 35                                    LIN. FT.         30              $33.00           $990.00 $      50.00          $    1,500.00       $       49.50 $              1,485.00 $                29.00    $      870.00
'J..t TOPSOIL, SEED & MULCH                                        S.Y.           55               $2.00           $110.00 $      10.00          $     550.00        $             $
                                                                                                                                                                                 7.00                      $
                                                                                                                                                                                                      385.00                  5.00   $      275.00l
      TRAFFIC CONTROL                                             LUMP            1         $4,000.00            $4,000.00 $    6,500.00 $            6,500.00       $    4,000.00 $              4,000.00 $              4,450.00   $     4,450.00
      TRENCH REPAIR, LOCAL STREET TYPE I (EXTRA STRENGTH 9 SAC   LIN. FT.     117                 $85.00       $9,945.00 $         75.00         $    8,775.00       $       87.00      $     10,179.00               $     78.00    $     9,126.00
      TRENCH REPAIR, LOCAL STREET TYPE Ill (AGG. BASE            LIN. FT.     243                 $20.00       $4,860.00 $            8.00       $    1,944.00       $       35.00      $         8,505.00            $     15.50    $     3,766.50
      WATER SERVICE 1" TYPE_'_'K"COPPER                          LIN. FT.         83              $20.00       $1,660.00 $        16.00          $    1,328.00       $       28.00      $         2,324.00            $     19.00    $     1,577.00
                                                                                                                                                 ~           -                          g:                    -                      g:         -
                                                                                  COTALI             _j
Date:         May24, 2005
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Fifth St., Campus Ave. to Merrill Ave.


SUMMARY OF REQUEST:
The paving as well as underground utilities upgrade contract (H-1599) on Fifth St.,
between Campus Ave. & Merrill Ave. be awarded to Schultz Excavating, Inc. out of
Ludington, MI. Schultz Excavating, Inc. was the lowest, see attached bid tabulation,
responsible bidder with a bid price of $349,006.25.


FINANCIAL IMPACT:
The construction cost of $349,006.25 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Shultz Excavating, Inc.



COMMITTEE RECOMMENDATION:
H-1599,W-663,S-599 FIFTH ST./CAMPUS TO MERRILL

                         SCI-IULlZ EXCAVATING    JACKSON-MERKEY       WADEL STABILIZATION   DAN HOE EXCAVATING
           ENGINEER'S        5565 6TH ST        555 E. WESTERN AVE.    2500 N. OCEANA DR.    13664 ROCKY'S RD
DATE:                May 16, 2005

TO:                  Honorable Mayor and Commissioners

FROM:                Anthony L. Kleibecker, Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case #: EN-050085 Address:
                     1376 Sanford.


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
1376 Sanford is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN-050085 - 1376 Sanford

Location and ownership: This structure is located on Sanford between Isabella
and Washingto!l and is owned by Marshall Redder.

Staff Correspondence: A dangerous building inspection was conducted on
02/16/05 and the notice and order to repair was issued on 02/23/05. On 04/07/05
the HBA declared the structure substandard and dangerous. The case began
after structure was damaged by fire . A progress inspection conducted 05/05/05
home is partially demolished .

Owner Contact:        Owner pulled permit to demolish 03/01/05. Mr. Redder sent
letter to Inspections Department stating the demolition would be complete by
04/30/05.

Financial Impact               CDBG Funds

Budget action required :                 None

State Equalized value:                   $10,000

Estimated cost to repair:                Not able to repair

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 24, 2005.




C:\Docume nts and Settings\Potter\Local SettingsU'emporary Internet Files'OLK IA\AGENDA- 1376 Sanford.do c   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                 1376 Sanford (Fire Damaged)

                                             02116/05


Inspection noted:

I.      Home was severely damaged by fire, major structural damage occurred to roof
        system, floors, walls, and bearing beams.

2.      Home has sat vacant in damaged state since December 2004. No permits to
        renovate or demolish have been obtained. No contact with owner on intentions.


Please contact Inspection Services with any questions at 231-724-6715.




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




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1376 Sanford.doc
                           /   3"1~ s- AN~\'~81. /di.;;>:YI.,;)OOc{.
                                Fl £'L   DA-rnA-<(~aO.
/l4 \(_S t-J_,(.\-(j__   {2_~ ~
   3<\ ba 3 tJ+-~ ~r, .sv.J,
   C\-~' ~~ 0't ll E_ l\ ~ (
DATE:               May 16,2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-01-044 Address:
                    252 Allen.


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
252 Allen- AREA 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN-01-044 - 252 Allen

Location and ownership: This structure is located on Allen between Fork and
Cedar St and is owned by William Pace Sr.

Staff Correspondence: A dangerous building inspection was conducted on
09/06/01 and an interior inspection on 10/31/01. The Notice and Order to Repair
was issued on 09/14/01. On 06/05/03 the HBA declared the structure
substandard and dangerous.

Owner Contact: The property was represented by the daughter of the owner at
the HBA meeting dated 11/01/01 stating intentions that the family would rehab.
HBA tabled the case for 60 days. Case brought back to HBA 01/03/02. Mr. Pace
and his step-daughter were present to represent this case. It was stated the
issue with Andy Johnson has been resolved and the 1999 taxes have now been
paid. They need more time to get contractors lined up. The HBA tabled case for
30 days to allow time for owner to submit a time line for repairs, and apply for
permits. Case brought back to HBA 02/07/02. This case was removed from the
agenda. The owner had been in contact with the Inspection Department and was
in the process of repairing. A permit was issued 02/05/02 to repair roof and
permit issued 06/24/03 for vinyl siding. Case brought back to HBA 06/05/03. Mr.
Grabinski gave a history on this case and stated that it appears work has come
to a standstill. The owner's daughter-in-law was present and stated that work
has stopped because they ran out of money. The house is gutted now and new
rafters have been put on. There has been no contact from the owners since April
2002. The HBA declared the house dangerous, substandard and a public
nuisance 06/05/03.




C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA- 252 Allen. doc   page I of2
Financial Impact:             CDBG Funds

Budget action required:                  None

State Equalized value:                   $17,400

Estimated cost to repair:                $25,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 24, 2005.




C;\Documcnts and Settings\Potter\Local Settings\remporary Internet Files\OLKIA\AGENDA ~ 252 Allen.doc   page 2 of2
                             CITY OF MUSKEGON
                    DANGEROUS BUILDING INSPECTION REPORT
                                 252 Allen Ave.

                                              916101


Inspection noted:

I.        An interior inspection is required by all trade inspectors (plumbing, mechanical,
          electrical and building) before any pennits or certificates of occupancy will be
          issued.

2.        No water, no gas, electric pulled 9/5/01.

3.        Steps to upstairs floor broken, missing.

4.        Filth, garbage tlu·oughout structure.

5.        Infested with roaches, mice and ants.

6.        Ceilings gone or falling- water leaks throughout.

7.        Open splices -many areas.

8.        Roof system failing- rafters pulling away.

9.        Extension cord use in basement.

I 0.      Broken windows- front.

II.       Bathroom floor weak- not level.

12.       Walls crumbling- plaster falling.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



       ert Grabinski, Fire Marshal/Inspection Services




F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\252
Allen.doc
                                  CITY OF MUSKEGON

                    DANGEROUS BUILDING INSPECTION REPORT

                                        252 Allen Ave.
                                 (INTERIOR INSPECTION)



Inspection noted:

I.      Large amount of ceiling damage due to water infiltration- ceiling covering of
        Lath and plaster falling off ceiling throughout entire home.

2.      Upper staitway deteriorated, rotted treads and risers very unsafe. Deteriorated
        guardrail.

3.      Roof covering installed over damaged rafters.

4.     No smoke detectors.

5.     Replace furnace and all duct work.

6.      Replace all gas lines.

7.     Replace all plumbing. (piping and fixtures)




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                        \D - 3 1-0 l
                                                                       DATE


                                                 . :')(




F:\lnspcct ions\Grabinski _ Lorra inc\W ord\DAI'\ G EROU S BUILDING INSPECTION
REI'ORTS\STANDAIW FORMS\D81NSI'ECTIOCI REPORT FORM-INTERIOR.doc
                               /
                  _____.....
... - ___________ .
ODATE:               May 16,2005

TO:                  Honorable Mayor and Commissioners

FROM:                Anthony L. Kleibecker, Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: EN-040054


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
1123 Chestnut- AREA 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.

Case# & Project Address: # EN-040054- 1123 Chestnut

Location and ownership: This structure is located on Chestnut between Isabella
and Catherine and is owned by Lam Long.

Staff Correspondence: A dangerous building inspection was conducted on
05/06/04. An interior inspection was conducted 06/01/04. The Notice and Order
to Repair was issued on 05/12/04. On 03/03/05 the HBA declared the structure
substandard and dangerous.

Owner Contact: No one was present to represent case at HBA meeting. Permit
issued 07/07/04 but expired 11/07/04. There has been no owner contact since
that time.


Financial Impact:              CDBG Funds

Budget action required:                  None

State Equalized value:                   $15,300

Estimated cost to repair:                $35,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 24, 2005.




C:\Documcnts and Settings\Potter\Local Settings'U'emporary Internet Files\OLKIA\AGENDA ~ 1123 Chestnut.doc   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                         1123 Chestnut

                                              516104


Inspection noted:

1.      Siding is rotted and deteriorating.

2.      Front porch roof needs to be replaced.

3.      Side stairway needs to be replaced.

4.      Side stair roof needs to be replaced.

5.      Window sashes are rotted.

6.      Chimney needs to be repaired or replaced.

7.      Lean to on north side of home is failing.

8.      Roof needs to be replaced.

9.      Gas meters are missing.

10.     Exterior lights are incomplete or missing.

11.     Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.

12.     All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.

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



DONALD LABRENZ II, BUILDING OFFICIAL                               DATE


C:\Documents and Settings\Potter\Loca1 Settings\Temporary Internet Files\OLKIA\1123 Chestnut.doc
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       1123 CHESTNUT

                                  (INTERIOR INSPECTION)
                                               611104



Inspection noted:

1.      Circulation pump needs rewiring and supported.
2.      All water pipe to be replaced.
3.      Water heater and boiler need to be revented.
4.      Boiler to be separated from kitchen area.
5.      Chimney to be repaired or replaced.
6.      Second floor space heater to be revented and re-gas piped.
7.      Two inch bucket trap in crawl space needs to be replaced.
8.      House to be rewired to meet 2003 Michigan Residential Code.
9.      Electric service to be replaced to meet 2003 Michigan Residential Code.
10.     Smoke alarms to be installed to meet 2003 Michigan Residential Code.
11.     Install proper joist column floor support.
12.     Rebuild apartment upper stairs to meet 2003 Michigan Residential Code.
13.     Second floor apartment floor system needs to be replaced for proper
        loading and span.


PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.


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




HENRY FALTINOWSKI, BUILDING INSPECTOR                                       DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\1123 Chestnut (2).doc
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                                                          -~- -____.. --
DATE:               May 16,2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case #: EN-040063


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
104 Catherine (Garage)- AREA 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.

Case# & Project Address: # EN-040063- 104 Catherine (Garage Only)

Location and ownership: This structure is located on Catherine between
Ransom and Arthur and is owned by Randal Bowman.

Staff Correspondence: A dangerous building inspection was conducted on
06/15/04. An interior garage inspection was conducted 07/14/04. The Notice and
Order to Repair was issued on 06/15/04. On 01/06/05 the HBA declared the
structure substandard and dangerous.

Owner Contact: Randal & Sandra Bowman was present to represent this case.
Sandra Bowman stated they planned to tear down the garage themselves but
was waiting for dumpster to be delivered. They had wanted to repair it but
concluded it was not cost effective. No permits have been issued nor any
contact from the owners since that time. The HBA declared the structure
(garage) dangerous, substandard and a public nuisance 01/06/05.


Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $16,000

Estimated cost to repair:               $5,000 (Garage Only)

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 24, 2005.


C:\Documcnts and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA- 104 Catherine-G.doc   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                   104 Catherine- Garage

                                              6115/04


Inspection noted:

1.      Roof is rotted and has fallen into garage.
2.      Exterior siding is exposed to weather.
3.      Trash and debris in yard.
4.      Interior inspection of garage is required.
5.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




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




Don LaBrenz, Building Official                                             DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\104 Catherine-G.doc
                                     CITY OF MUSKEGON

                    DANGEROUS BUILDING INSPECTION REPORT

                       104 Catherine- Garage Interior Inspection

                                               7114104


Inspection noted:

1.      Roof rafters are rotted (total roof system failure).
2.      Wall studs are rotted.
3.      Bottom plates are rotted.
4.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




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




Don LaBrenz, Building Official                                                DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK lAI I 04 Catherine-G-
additions.doc
___...
DATE:               May 16,2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040052 Address:
                    22 E. Muskegon.


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 22
E. Muskegon is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN-040052 - 22 E. Muskegon

Location and ownership: This structure is located on E. Muskegon between Pine
and Spring and is owned by William Scraver.

Staff Correspondence: A dangerous building inspection was conducted on
05/06/04 and the notice and order to repair was issued on 05/13/05. On 08/05/04
the HBA declared the structure substandard and dangerous.

Owner Contact:      Owner pulled permit to repair 09/01/04. A progress
inspection occurred 01/04/05.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $5,600

Estimated cost to repair:               $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 24, 2005.




C:\Documents and Settings\Potter\Local Settings'U'emporary Internet Files\OLKlA\AGENDA- 22 E Muskegon.doc   page 1 of 1
                                   CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       22 E. Muskegon

                                             516104


Inspection noted:

1.      House to be wired to meet 2003 Michigan Residential Code.
2.      Service to be grounded and bonded to meet 2003 Michigan Residential
        Code.
3.      Plumbing system unsanitary and must be completely replaced.
4.      Mechanical system does not function properly and must be completely
        replaced.
5.      Floor joists are rotted.
6.      Floor joists cut or notched improperly.
7.      Floors rotted.
8.      Joist support at exterior walls overspanned.
9.      Building appears to be rodent infested.
10.     Grey water being pumped on ground.
11.     Raw sewage coming out of ground.
12.     Guard rail missing on steps.
13.     Deck improperly constructed.
14.     Roof needs to be replaced.
15.     Tuck pointing required.
16.     Exterior light is improperly installed.
17.     All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.


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




DON LABRENZ II, BUILDING OFFICIAL
         DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\22 E Muskegon.doc
                    \'-0




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