City Commission Packet 06-26-2012

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                       JUNE 26, 2012
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
  A. Recognition of Norma Horan for her Contributions to Hackley Park.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Human Resources Agreement. CITY MANAGER
  C. Approval of Realtor for Community & Neighborhood Services.
     COMMUNITY & NEIGHBORHOOD SERVICES
  D. Liquor License Request from Muskegon Country Club. CITY CLERK
  E. Mueller CL-12 Watermain Tapping Machine Repair. PUBLIC WORKS
  F. Purchase of GPS Units. PUBLIC WORKS
  G. Consideration of Bids for S-661 Evanston Lift Station Rehabilitation.
     ENGINEERING
  H. Gaming License Request from Red’s Youth Center/Restoration Restore
     a Generation. CITY CLERK
  I. Consideration of Bids for Hackley Avenue, Glen to Hudson Water Main
     Replacement (W-734). ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Request for Final Planned Unit Development Approval for 372 Morris
          Avenue. PLANNING & ECONOMIC DEVELOPMENT
       B. Charter Amendments Regarding Millage Cap and Senior Transit
          Millage. CITY MANAGER
       C. Senior Transit Funding. CITY MANAGER
       D. DDA On-Premise Liquor License for Nemesis, Inc.                                          PLANNING &
          ECONOMIC DEVELOPMENT
       E. Concur with the Housing Board of Appeals Notice and Order to
          Demolish the Following: PUBLIC SAFETY
            230 Myrtle (Area 11)
            510 Ottawa (Area 11)
            450 W. Southern (Area 11)
            1290 Wood (Area 11)
       F. Filling the Mayor’s Vacancy. CITY MANAGER
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION: To Discuss Property Acquisition.
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:     June 26, 2012
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the June 11th
Commission Worksession Meeting and the June 12th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                         June 11, 2012
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2012-44
Present: Commissioners Warmington, Gawron, Hood, Wierengo, German, Turnquist, and
Spataro.
Absent: None.

Proposed 2012/2013 Budget.
City Manager, Bryon Mazade, gave a brief overview and explained the timeline in which the
budget must be adopted.

Mr. Mazade gave a powerpoint presentation with a detailed review of the General Fund. The
total budget is $56,737,416. The fund balance is $4,576,273.

City employees will be reduced from 241 employees to 233 employees through attrition.

Mayor Warmington suggested the Commission consider a 1/10th mill to retain the senior transit
program. The City should retain flexibility by partnering with other organizations. He suggested
the program be funded for six months until voters decide the 1/10th mill question.

Staff should consider a plan with reduced days or hours that the service may be available until
the end of the year.

Any Other Business.
Public comments were received.

Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn the
meeting at 7:34 p.m.

                                                                           MOTION PASSES



                                                            ____________________________
                                                             Ann Marie Cummings, MMC
                                                                      City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JUNE 12, 2012
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, June 12, 2012.
Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear
from the Lakeside Baptist Church 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 Stephen Gawron,
Commissioners Eric Hood, Lawrence Spataro, Willie German, Sue Wierengo, and
Byron Turnquist, and City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2012-45 HONORS AND AWARDS:
      A. Recognition of Spring 2012 Citizen’s Academy Graduates.        PUBLIC
         SAFETY
Public Safety Director Jeff Lewis read the resolution and thanked the 2012
Citizen’s Police Academy for their faithful attendance, completion and
graduation from the ten week academy.
2012-46 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the May 22nd City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Environmental Program Mowing and          Trash   Clean-up   Contract.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of
public and private properties previously held by Freelance Enterprises Inc. had


                                      1
expired on March 31, 2012. A request for bids was advertised and four
companies placed bids. Freelance Enterprises of Muskegon Township is the low
bidder for a three-year agreement.
FINANCIAL IMPACT: None, funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a three-year contract with Freelance
Enterprises Inc. and to authorize the Mayor and City Clerk to sign the
agreements, for the mowing of lots and trash removal on properties located
within the City.
      C. City – MDOT Agreement for the Reconstruction of Sherman Blvd. from
         Lincoln to Estes. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Sherman Blvd. from Lincoln to Estes, and approve the resolution authorizing
the Mayor and the City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $481,000. The estimated total construction cost is $1,110,500 plus
engineering cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
      D. Approval of Contractor for New Construction of House at 605 Jackson.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with DeRose Builders Inc, 7786
Wiczer Drive, Whitehall, for the new construction of a house located at 605
Jackson for the cost of $117,446.
The property was purchased with Neighborhood Stabilization funds from the
Michigan State Housing Development Authority, and HOME funds from HUD will
be used for the construction. After the new construction is completed, the
home will be marketed to sell to an eligible homebuyer with an annual income
less than 80 percent of the area median income. The City received six bids.
FINANCIAL IMPACT: Funding for the project has been approved in our current
budget (2011-2012) from the HOME Investment Partnership funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community and Neighborhood
Services office to prepare an agreement with DeRose Builders and direct the
Mayor and Clerk to sign the contract.




                                      2
      E. Liquor License Request from Top Spin, Inc., 2536 Henry. CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Top Spin, Inc., of 2536 Henry Street to
transfer ownership of Escrowed 2011 Class C-SDM Licensed Business with Sunday
Sales Permit (PM), Dance-Entertainment Permit, Outdoor Service (1 Area) and
Specific Purpose Permit (Food) from Team Red Dawn, LLC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      F. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit for July 4, 2012, at the Muskegon Country Club, 2801
Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the
event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of insurance.
      G. Polling Sites Relocation. CITY CLERK
SUMMARY OF REQUEST: Building closures, redistricting, and ADA compliance
have forced the City to move polling locations. Staff proposes to move the
following:
         •   Bluffton School (closure) to Great Lakes Naval Museum
         •   McLaughlin School (closure) to City Hall
         •   Hackley Administration Building (ADA Compliance) to City Hall
         •   Nelson School (redistricting) to Department of Public Works
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED:         To approve the polling location changes as
outlined above.
STAFF RECOMMENDATION: To approve the polling location changes as outlined
above.
COMMITTEE RECOMMENDATION:            The Election Commission approved the
changes as stated at their June 7th meeting.
      H. Approval of Title Company for Community and Neighborhood Services.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST:         To approve Lighthouse Title, Inc., to be used by the


                                        3
City of Muskegon for the title work and closing agency for the CNS Housing
program.
FINANCIAL IMPACT: Fees paid from proceeds of sale or project budgets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMEDATION: To approve Lighthouse Title, Inc., for Community and
Neighborhood Services Title Agency needs.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes: Spataro, German, Gawron, Wierengo, Turnquist, Warmington,
           and Hood
            Nays: None
MOTION PASSES
2012-47 PUBLIC HEARINGS:
      A. 2012-13 Budget. FINANCE
SUMMARY OF REQUEST: The City Commission may take action to adopt the
2012-13 budget with whatever changes or adjustments it deems necessary. City
ordinance requires the budget be adopted by the second regular City
Commission meeting in June.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2012-13.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2012-13.
STAFF RECOMMENDATION: Receive public comments. Upon closing the public
hearing, the City Commission may decide to adopt the budget.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Joshua Eldenbrady, 1336 Spring Street;
Margaret Roles, 1350 W. Hackley; Dorothy Davidge, 1350 W. Hackley; Roger
Nye, 1495 Westwood Circle; Marion Oleocarchek, 690 W. Southern; Dan Mills,
1817 Mills; Kay Windget, 1350 W. Hackley; Mark Evans, 1899 Barnes Road; Phyllis
Hallberg, 1350 W. Hackley; and Gail Funk, 1350 W. Hackley
Motion by Commissioner Spataro, second by Commissioner German to close
the Public Hearing.
ROLL VOTE: Ayes: German, Gawron, Wierengo, Turnquist, Warmington, Hood,
           and Spataro
            Nays: None


                                       4
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
2012-2013 Budget as presented.
ROLL VOTE: Ayes: Gawron, Wierengo, Turnquist, Warmington, Hood, Spataro,
           and German
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Wierengo to direct
staff to provide for the June 26th Commission Meeting a proposal for funding the
Senior Transit to the end of the year and ballot proposal language to bring to the
citizens of the City of Muskegon the opportunity to vote to fund this as a regularly
operated program.
ROLL VOTE: Ayes: Wierengo, Turnquist, Warmington, Hood, Spataro, German,
           and Gawron
            Nays: None
MOTION PASSES
2012-48 NEW BUSINESS:
      A. Proposed Betten Development Agreement Changes/Promissory Note
         with BRA. CITY MANAGER
SUMMARY OF REQUEST: The City’s Brownfield Redevelopment Authority (BRA) is
obligated to reimburse Betten Automotive Group for eligible costs incurred in
the redevelopment of their Henry Street project plus 6.5% interest. Total
reimbursable costs (plus interest to date) amount to $1,681,590. Under terms of
the original development agreement, these costs would be paid by the BRA
over several years as tax increment revenues were collected. Interest would
continue to accrue on the unpaid balance.
As described more fully, this proposal is for the City to loan the BRA $1.66 million
to pay off Betten now. The benefits are as follows:
            •   Benefit to BRA: reduce interest costs from 6.5% to 3.25% payable
                to City instead of developer
            •   Benefit to City: rate of return higher than can be achieved on
                investments like CD’s or US Treasuries
            •   Benefit to Developer: cash received up front to help facilitate
                further development of Henry Street corridor (also benefits the
                City and BRA)
The City would be repaid over thirteen years (or sooner) at a rate of 3.25% from
BRA tax increment proceeds.

                                         5
FINANCIAL IMPACT: The City’s loan to the BRA would be carried equally by the
following City funds having adequate cash reserves: General Insurance Fund,
Equipment Fund and Cemetery Perpetual Care Fund. The 3.25% interest is much
better than can be earned on CD’s, US Treasuries or other investment
instruments.
BUDGET ACTION REQUIRED: The BRA budget will be amended to reflect loan
payments to the City instead of reimbursements to developer.
STAFF RECOMMENDATION: 1.) Approval of proposed development agreement
changes and, 2.) execution of the related promissory note between the City
and the BRA.
COMMITTEE RECOMMENDATION: The BRA met on May 29th and approved the
proposed development agreement changes and promissory note.
Motion by Vice Mayor Gawron, second by Commissioner Hood to approve the
proposed development agreement changes with Betten Development and
execute the related promissory note between the City and the BRA.
ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and
           Wierengo
            Nays: None
MOTION PASSES
      B. Engineering Services Agreement for Williams Street Storm Outlet.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Flies & Vandenbrink Engineering out of Muskegon to perform an
emergency survey, design and permitting project to replace/repair a 54” storm
sewer outlet at the northerly end of Williams Street just north of White Street for
an estimated cost of $9,800.
FINANCIAL IMPACT: The engineering cost of $9,800 at this time.
BUDGET ACTION REQUIRED: This project will have to be added to the 2012-2013
budget.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with F&V
engineering. This recommendation was arrived at due to the urgency of the
current condition of the storm sewer outlet and complexity of the project.
Motion by Commissioner Turnquist, second by Vice Mayor Gawron to authorize
staff to enter into an agreement with Flies & Vandenbrink Engineering.
ROLL VOTE: Ayes: Warmington, Hood, Spataro, German, Gawron, Wierengo,
           and Turnquist
            Nays: None


                                        6
MOTION PASSES
      C. Fireworks Display Permit for Community 4th of July Celebration. CITY
         CLERK
SUMMARY OF REQUEST: Fruitport Lions Charities Group is requesting approval of
a fireworks display permit for July 4th at Heritage Landing. Fire Marshall Metcalf
has reviewed the request and recommends approval contingent on inspection
of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on all requirements being met.
We also request that the late fees for the fireworks permit and special event be
waived.
Motion by Vice Mayor Gawron, second by Commissioner German to approve
the fireworks display permit for the community on the 4th of July contingent on all
requirements being met and that the late fees for the fireworks permit and
special event fee be waived.
ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, Wierengo, Turnquist, and
           Warmington
            Nays: None
MOTION PASSES
      D. Accept the Resignation of Mayor Warmington.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to accept the
resignation from Mayor Warmington effective June 30.
ROLL VOTE: Ayes: Spataro, German, Gawron, Wierengo, Turnquist, and Hood
            Nays: None
            Abstain: Warmington
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
2012-49 CLOSED SESSION:         Attorney/Client Communication and Pending
        Litigation.
Motion by Commissioner Spataro, second by Commissioner Wierengo to go into
Closed Session to discuss attorney/client communication and pending litigation.
            Ayes: All Ayes
            Nays: None
MOTION PASSES

                                        7
Motion by Commissioner Spataro, second by Vice Mayor Gawron to come out
of Closed Session.
           Ayes: All Ayes
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:35 p.m.


                                       Respectfully submitted,




                                       Ann Marie Cummings, MMC
                                       City Clerk




                                   8
                          AGENDA ITEM NO. ______________

                      CITY COMMISSION MEETING June 26, 2012



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       June 14, 2012

RE:         Human Resources Agreement




SUMMARY OF REQUEST:
To renew the agreement with County of Muskegon to provide human resource services to
the city from July 1, 2012 through June 30, 2013.



FINANCIAL IMPACT:
$75,000 plus incidental costs.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the agreement and authorize the mayor and clerk to sign it.




COMMITTEE RECOMMENDATION:




pb\AGENDA\HUMAN RESOURCES AGREEMENT 061412
                                 AGREEMENT BETWEEN THE CITY OF MUSKEGON
                                                AND THE
                                 MUSKEGON COUNTY BOARD OF COMMISSIONERS

THIS AGREEMENT, entered into as of the 1st of July, 2012, between the City of Muskegon, a municipal
corporation, by its City Commission, (“City”), the City of Muskegon Civil Service Commission (“CSC”), and
the County of Muskegon, by its Board of Commissioners, (“County”), is as follows:

PURPOSE

The purpose of this Agreement is to provide for human resources services to be administered by the
County Human Resources Department (“Human Resources Department”), which will provide a wide range
of Human Resources services which will be described in detail in the following agreement.

I.      RELATIONSHIP OF THE PARTIES - The County Department of Human Resources Department
and Deborah Groeneveld shall perform all of the services under this Agreement as an Independent
Contractor and not as an employee of the City of Muskegon. This Agreement does not create a
partnership, joint venture, or any other relationship.

II.      TERM - The agreement shall commence July 1, 2012 and terminate June 30, 2013, provided that
either party may terminate the Agreement with six (6) months notice. The notice shall be sent by certified
mail to the County Human Resources Director and the Chair of the CSC if terminated by the City. The
notice shall be sent by certified mail to the City Manager and the Chair of the CSC if terminated by the
County. The notice shall be sent by certified mail to the County Human Resources Director and the City
Manager if the CSC terminates the appointment of Deborah Groeneveld as Personnel Director or
terminates the Agreement.
III.     SCOPE OF SERVICE FOR THE CITY – The Human Resources Department will provide
recruitment, advertising, pre-employment physicals and orientation services for new city employees under
the guidelines of the City of Muskegon Charter, Civil Service Rules and Regulations, and appropriate
collective bargaining agreements. The Human Resources Department will also provide class and pay
administration, benefit administration and maintain a complete set of personnel records for the City. The
County will also assist City departments with the Employee Assistance Program (EAP), CDL drug testing,
and unemployment. The County will also assist City departments and the CSC with disciplines, layoffs,
recalls, and terminations.

IV.      SCOPE OF SERVICE FOR THE CSC – The Human Relations Department will provide
recommendations to the CSC as to rules relating to the examination and selection process in the classified
service of the City. The Human Resources Department will provide assistance to the CSC in classifying
positions, enforcing the administration of the Civil Service Rules, holding examinations for the filling of
positions in the classified service, preparing and maintaining an eligibility list of persons passing
examinations for positions, and certifying names of person to appointing officers for appointment to a
classified position. The Human Resources Department will provide assistance to the CSC in the
processing of requests for a leave of absence, temporary appointments, layoffs and recall of personnel,
appeals of employees to the CSC relating to a discharge, reduction in rank or compensation, pursuant to
the City Charter and Civil Service Rules, as modified by any applicable collective bargaining agreement.



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V.      COUNTY HUMAN RESOURCES DEPARTMENT OBLIGATIONS - The County agrees to perform
the services and provide the materials set forth herein:

          A.     QUALIFIED STAFF - All County employees engaged in the performance of this
          Agreement shall be professional in manner and appearance and be trained in Human Resources
          Administration policies and procedures. The County Human Resources Director shall be
          responsible to ensure all duties are performed adequately.

          B.     EQUIPMENT AND SUPPLIES - The County will provide all equipment and supplies needed
          for the routine performance of its duties without additional expenses, except as otherwise set forth
          herein.

          C.     MANUALS - The current City of Muskegon Civil Service Charter and collective bargaining
          agreements shall be the documents followed for all recruitment activities. All other manuals
          needed to perform all functions will be provided by the County. (ex: ADA, Fair Labor Standards,
          FMLA Manuals).

          D.    PERSONNEL RECORDS - The County will maintain the master personnel files in the
          Muskegon County Human Resources Department. The personnel files shall be the property of the
          City.

          E.      PUBLIC RELATIONS - Good public relations are vital to the success of the Human
          Resources administration program. During the terms of this Agreement, County employees shall
          endeavor to promote understanding and amicable relations with City Departments and members of
          the public.

          F.      RECRUITMENT AND CERTIFICATION OF APPLICANTS - The County at the direction
          of the City and/or CSC shall advertise and compile applications for job openings. Qualified
          applicants will be tested and certified for employment selection. The City shall be responsible for
          any costs incurred for any testing material designated by the City and/or CSC. The City shall also
          be responsible for any advertising costs incurred over five hundred ($500) dollars per agreement
          year.

          G.       PHYSICALS AND ORIENTATIONS - The County shall direct selected applicants through
          the physical and orientation process prior to starting employment. Selected applicants will be given
          orientations on employment procedures, policies and benefits at the direction of the City. The City
          shall be responsible for any costs incurred for the physical, back screen and drug test of selected
          applicants.

          H.       CLASS AND PAY ADMINISTRATION - County staff will maintain, modify or develop at
          the direction of the City class specifications for classes of work at the City.

          I.      BENEFIT ADMINISTRATION - The County shall provide assistance to the City and/or
          CSC with issues pertaining to FMLA (Family Medical Leave Act), UI (Unemployment Insurance),
          and the City’s EAP (Employee Assistance Program). The City shall designate and provide the
          legal services for any contested unemployment proceeding filed during the existence of this
          agreement. Any counsel retained to handle a proceeding shall work under the direction of the


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          Human Resources Director. The City shall be responsible for any costs incurred for unemployment
          claims and the City EAP program.

          J.          COMPUTERIZED INFORMATION TECHNOLOGY – The County will provide staff,
          equipment, and software to maintain electronic records of recruitment activities using an applicant
          tracking system (SIGMA/NEOGOV) and testing software (OPAC), and human resources forms
          processing for current employees.

          K.      LABOR RELATIONS RELATED ISSUES - The County will provide services to the City
          and/or CSC on issues of discipline, layoff, recall and termination hearings. The City shall
          designate and provide the legal services for any labor related issue during the existence of this
          agreement. Any counsel retained to handle a proceeding shall work under the direction of the
          Human Resources Director.

          L.      RECORDS MAINTENANCE AND ACCESS – The County agrees to maintain personnel
          records with the most current information the Municipality makes available.

                     1.      All changes of employee status, wages, trainings and certifications will be kept in
                     the personnel file of the employee.

                     2.       City staff and CSC Commissioners will be afforded access to personnel files per a
                     policy or procedure designated by the City and CSC.

                     3.      Personnel files are to be maintained at the County Human Resources Department
                     during the term of this agreement, unless mutually agreed that these records may be
                     maintained at another location.

VI.       CITY AND CSC OBLIGATIONS - The City and CSC shall undertake the following:

          A.       CSC FILES AND RECORDS - The CSC shall provide Chapter XV of the City of
          Muskegon Charter, current Civil Service Rules, policies and procedures, personnel records,
          recruitment procedures, and all other documents maintained by the City of Muskegon Personnel
          Director to the Human Relations Department.

          B.      CITY FILES AND RECORDS - The City shall provide policies and procedures concerning
          class and pay administration, benefit administration or any Human Resources function presently
          performed by City employees, except as otherwise provided above, to the Human Relations
          Department.

          C.       CIVIL SERVICE DIRECTOR - The CSC shall appoint Deborah Groeneveld as the City of
          Muskegon Personnel Director, whom shall serve at the pleasure of the CSC. Deborah Groeneveld
          shall receive no additional compensation for serving as the City’s Personnel Director and shall not
          be an employee of the City. Deborah Groeneveld shall be responsible, subject to delegation, to
          satisfying the obligations to be provided to the CSC.

VII.     FEES AND PAYMENTS - The County will perform all the above services for the Municipality,
subject to fees and expenses set forth and under the terms and conditions herein:


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          A.      FEES - The fee for the agreement year, which is from July 1, 2012 to June 30, 2013,
          shall be $75,000, in addition to UI (unemployment insurance), pre-employment physical, testing
          and advertising costs as otherwise set forth herein.
          B. PAYMENTS - The Municipality shall remit the annual fee in equal quarterly payments
          of $18,750 each. The payment is owed regardless of whether Deborah Groeneveld is
          appointed by the CSC as the City’s Personnel Director.


VIII.     MISCELLANEOUS

          A.       SECTION HEADINGS - The headings of the several sections, and any Table of
          Contents appended hereto, shall be solely for convenience of reference and shall not affect
          the meaning, construction or effect hereof.

          B.       SEVERABILITY - If any one or more of the provisions contained herein shall for any
          reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or
          provisions shall be deemed severable from the remaining provisions hereof, and such
          invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
          Agreement shall be construed as if such invalid, illegal or unenforceable provision had
          never been contained herein.

          C.       ENTIRE AGREEMENT AND AMENDMENT - In conjunction with matters considered
          herein, this Agreement contains the entire understanding and agreement of the parties and there
          have been no promises, representations, agreements, warranties, or undertakings by any of the
          parties, either oral or written, of any character or nature hereafter binding except as set forth
          herein. This Agreement may be altered, amended or modified only by an instrument in writing,
          executed by the parties to this Agreement and by no other means. Each party waives their future
          right to claim, contest or assert that this Agreement was modified, canceled, superseded or
          changed by any oral agreements, course of conduct, waiver or estoppel. This agreement is
          subject to obligations, if any, provided for in collective bargaining agreements involving the City, the
          City of Muskegon Charter and the City of Muskegon Civil Service Rules and Regulations.

          D.      SUCCESSORS AND ASSIGNS - All representations, covenants, and warranties set forth
          in the Agreement by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
          binding upon and inure to the benefit of such party, its successors and assigns.

          E.      TERMS AND CONDITIONS - The terms and conditions used in this Agreement shall be
          given their common and ordinary definition and will not be construed against either party.

          F.       EXECUTION OF COUNTERPARTS - This Agreement may be executed in any number of
          counterparts and each such counterparts shall for all purposes be deemed to be an original; and all
          such counterparts, or as many of them as the parties shall preserve undestroyed, shall together
          constitute one and the same instrument.


                                                                          ACKNOWLEDGEMENTS


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc   4
          City of Muskegon                                      By:
                                                                           Steve Warmington
                                                                           Mayor

                                                                By:
                                                                           Ann Marie Cummings
                                                                           City Clerk

          County of Muskegon:
                                                                By:
                                                                           Kenneth Mahoney
                                                                           Chairman Board of Commissioners


                                                                By:
                                                                           Nancy A. Waters
                                                                           County Clerk


          City of Muskegon                                      By:
          Civil Service Commission                                         David George Newsome
                                                                           Chair




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc   5
                     Commission Meeting Date:                   June 26, 2012

Date:         June 14, 2012

To:           Honorable Mayor & City Commission

From:         Community and Neighborhood Services Department

RE:           Approval of Realtor for CNS
____________________________________________________________________________________________

SUMMARY OF REQUEST: To approve Greenridge Realty to be used by the City
of Muskegon in the sale of CNS properties.
CNS received three bids as listed on the attached spreadsheet.
FINANCIAL IMPACT: The funding for any projects the realtor would be used for
would come out of the funds the house was originally established under: CDBG,
HOME or NSP1.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Greenridge Realty for the Community
and Neighborhood Services office.
COMMITTEE RECOMMENDATION: None required.
         REAL ESTATE BID RESULTS
               June 12, 2012

COMPANY                       Closing Costs
Greenridge Realty
                                    6%
3145 Henry St
                               1% discount if
Muskegon 49441
                                Greenridge
Gary Langlois 231-830-3054
                             represents buyer

                                    6%
Nexes Realty
                               but minimum
880 Broadway
                              commission is
Muskegon 49441
                                  $2,700
David Spyke 231-759-3610
Re/Max Muskegon
5969 Harvey St
                                   7%
Muskegon 49441
Diana Cain 231-733-1236
Date:      June 26, 2012
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Liquor License Request
           Muskegon Country Club
           2801 Lakeshore Drive




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Muskegon Country Club, 2801
Lakeshore Drive to transfer ownership of a Class C license from Carbon
Nite, LLC, 760 W. Broadway, Norton Shores to the Muskegon Country
Club.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:            All departments are recommending
approval.
Date:       06/26/12
To:         Honorable Mayor and City Commission
From:       Department of Public Works
RE:      Mueller CL-12 Watermain Tapping Machine
      Repair



SUMMARY OF REQUEST: Authorize Staff to purchase repair services from
the original equipment manufacturer, Mueller Co. of Decatur Illinois, to rebuild
and recondition our Mueller CL-12 Watermain Tapping Machine.


FINANCIAL IMPACT: Total Cost $ 10,500


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approve purchase
MEMORANDUM

To:    Mohammed AL-Shatel, Director of Public Works
From: Kelly DeFrench, Public Utility Superintendent
Date: 6/19/2012
Re: Mueller CL-12 Tapping Machine Equipment Repair Purchase



Mohammed,

We’ve been experiencing mechanical problems with our Mueller
CL- 12 tapping machine. Recently we have noticed that the carbide
teeth on the shell cutters have been breaking off prematurely, this
could be the result of a problem with the Automatic travel / the feed
rate, a gear, or possibly a worn boring bar.

The Mueller CL- 12 tapping machine is used exclusively to make
large watermain taps from 4” thru 12 ” The CL-12 is a specialized
piece of equipment and must be sent to the original equipment
manufacturer, Mueller Co of Decatur Ill, for repairs. The Muller Co.
has estimated reconditioning and a rebuild will be around
$10,500.00. The rebuild will include new internal parts and a new
boring bar.

A new machine would cost around $23,500.00, which is essentially
what we will have when ours is completed. Experts in the field who I
have spoken to recommended rebuilding our machine as opposed to
purchasing a new one.




                                                                        1
Date:     June 26, 2012

To:       Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:       Purchase of GPS Units


SUMMARY OF REQUEST:

Authorize staff to purchase between forty and fifty GPS units from networkfleet to be
installed on a number of city owned vehicle/trucks operated by DPW and other
departments.

The proposal calls for the city to trade in the Shadowtracker units the city owns at this
time and invest up to $26,000 (budgeted in the 2012/2013 CIP) for the proposed units
which would be used, at minimum, to track trips, idling and required vehicle
maintenance. The recommendation to purchase from networkfleet is the result of
evaluating various other products (fleetmatics) and having networkfleet’s product for the
last six month and found them to be exactly what we need in addition to submitting the
lowest price.


FINANCIAL IMPACT:
Invest between $24,000 & $26,000 the first year which includes the purchase of the units
and an annual investment of $25.95/month/unit after the first year.



BUDGET ACTION REQUIRED:
None at this time, however, future budget will include a $25.95/month/unit for
maintenance and technical support.


STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with networkfleet to purchase the GPS units and
the annual subscription fee for an additional two years.



COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item to purchase
gps units 6-26-2012.doc
Date:            June 26, 2012
To:              Honorable Mayor and City Commissioners
From:            Engineering
                 RE: Consideration of Bids for:
                 S-661 Evanston Lift Station Rehabilitation


SUMMARY OF REQUEST:
Award the Evanston Lift Station Rehabilitation project – S-661 to Jackson Merkey out of
Muskegon, MI since they were the lowest responsible bidder with a total bid price of
$193,585, see attached bid tabulation.


FINANCIAL IMPACT:
The construction cost of $193,585 plus engineering


BUDGET ACTION REQUIRED:
None since this project is on the 2012/2013 CIP’s list.


STAFF RECOMMENDATION:
Award the contract to Jackson Merkey.



COMMITTEE RECOMMENDATION:




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\CONAWA 06-26-12.doc
S-661 EVANSTON AVE. LIFT STATION REHABILITATION
                    BID TABULATION 06/12/12


                 CONTRACTOR                    AMOUNT
 JACKSON MERKEY
                                              $193,585.00
 555 E. WESTERN AVE.

 MUSKEGON, MI 49442
 GRAND RIVER CONSTRUCTION INC.
                                              $242,950.00
 5025 40th Ave./ PO Box 323
 Hudsonville, MI 49426
Date:       June 26, 2012
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Cummings, City Clerk
RE:         Gaming License Request from Red’s Youth
            Center/Restoration Restore a Generation




SUMMARY OF REQUEST: Red’s Youth Center/Restoration Restore a
Generation, 1855 Peck Street, Muskegon, MI 49441, is requesting a
resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a Gaming License.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Denial until 501(c)3 is shown.
Date:        June 26, 2012

To:          Honorable Mayor and City Commissioners

From:        Engineering

RE:          Consideration of Bids
             Hackley Ave. Glen to Hudson WM
             Replacement (W-734)
________________________________________________________________________

SUMMARY OF REQUEST:

Award the above referenced project to Jackson-Merkey who submitted the
preliminary bid of $642,662.45.

FINANCIAL IMPACT:
The construction cost of $642,662.45 plus engineering cost which is estimated at
an additional 15%.

BUDGET ACTION REQUIRED:
None at this time, this project is in the 2012/2013 CIP budget.

STAFF RECOMMENDATION:
Award the contract to Jackson-Merkey.

COMMITTEE RECOMMENDATION:
                                                                                                                       H-1682, W-734,
                                                                                                                           S-660
                                                                                                            HACKLEY AVE., GLEN ST. TO HUDSON ST.
                                                                                                                     BID TABULATIONS


                                                              CONTRACTOR                                                  Jackson-Merkey Const.                   Diversco Constr. Co.                McCormick Sand Inc.                Jack Dykstra Exc.
                                                                 ADDRESS                  ENGINEER'S                       555 E. Western Ave.                        PO Box 409                        5430 Russell Rd.                 3677 3 Mile Rd. NW
                                                                CITY/ST/ZIP                ESTIMATE                        Muskegon, MI 49442                     Grandville, MI 49418                Twin Lake, MI 49457              Grand Rapids, MI 49534
LINE                                                        UNIT    QUANTITY         UNIT PRICE     TOTAL PRICE          UNIT PRICE          TOTAL PRICE      UNIT PRICE         TOTAL PRICE     UNIT PRICE         TOTAL PRICE     UNIT PRICE         TOTAL PRICE
  1    Mobilization, Max                                     Ls           1.00   $      25,000.00   $  25,000.00     $        6,860.00   $         6,860.00   $ 40,275.00    $        40,275.00 $ 44,750.00     $         44,750.00 $ 70,000.00    $        70,000.00
  2    Sidewalk, Rem                                        Syd         260.00   $           5.00   $   1,300.00     $            5.50   $         1,430.00   $      4.00    $          1,040.00 $     9.00     $          2,340.00 $      8.00    $         2,080.00
  3    Curb and Gutter, Rem                                  Ft         600.00   $          10.00   $   6,000.00     $            7.00   $         4,200.00   $      6.00    $          3,600.00 $     6.00     $          3,600.00 $      7.00    $         4,200.00
  4    Pavt, Rem, Modified                                  Syd       12880.00   $           5.00   $  64,400.00     $            1.95   $        25,116.00   $      1.95    $        25,116.00 $      1.00     $         12,880.00 $      2.30    $        29,624.00
  5    Erosion Control, Inlet Protection, Fabric Drop        Ea          24.00   $         100.00   $   2,400.00     $          110.00   $         2,640.00   $    125.00    $          3,000.00 $    75.00     $          1,800.00 $ 100.00       $         2,400.00
  6    Aggregate Base, Conditioning                         Syd       12800.00   $           3.00   $  38,400.00     $            4.25   $        54,400.00   $      3.45    $        44,160.00 $      2.20     $         28,160.00 $      5.25    $        67,200.00
  7    Maintenance Gravel, LM                               Cyd         250.00   $          20.00   $   5,000.00     $            4.75   $         1,187.50   $     25.00    $          6,250.00 $    20.00     $          5,000.00 $     30.00    $         7,500.00
  8    Dr Structure, Adj, Add Depth                          Ft           8.00   $         200.00   $   1,600.00     $          230.00   $         1,840.00   $    105.00    $            840.00 $   300.00     $          2,400.00 $ 200.00       $         1,600.00
  9    Dr Structure Cover, Modified                          Ea          13.00   $         500.00   $   6,500.00     $          340.00   $         4,420.00   $    445.00    $          5,785.00 $   380.00     $          4,940.00 $ 350.00       $         4,550.00
 10    Dr Structure Cover, Adj, Case 1, Modified             Ea          13.00   $         550.00   $   7,150.00     $          465.00   $         6,045.00   $    404.00    $          5,252.00 $   450.00     $          5,850.00 $ 375.00       $         4,875.00
 11    HMA, 3C                                              Ton        1600.00   $          65.00   $ 104,000.00     $           60.00   $        96,000.00   $     59.00    $        94,400.00 $     58.79     $         94,064.00 $     59.00    $        94,400.00
 12    HMA, 4C                                              Ton        1700.00   $          65.00   $ 110,500.00     $           72.00   $       122,400.00   $     70.00    $       119,000.00 $     70.29     $        119,493.00 $     71.00    $       120,700.00
 13    Driveway, Nonreinf Conc, 8 Inch, Modified            Syd         200.00   $          35.00   $   7,000.00     $           28.00   $         5,600.00   $     27.10    $          5,420.00 $    30.00     $          6,000.00 $     30.10    $         6,020.00
 14    Curb and Gutter, Conc, Det F4, Modified               Ft         600.00   $          14.00   $   8,400.00     $           15.00   $         9,000.00   $     14.20    $          8,520.00 $    16.00     $          9,600.00 $     15.20    $         9,120.00
 15    Sidewalk Ramp                                         Sft       1125.00   $           6.00   $   6,750.00     $            3.50   $         3,937.50   $      3.25    $          3,656.25 $     3.80     $          4,275.00 $      3.60    $         4,050.00
 16    Detectable Warning Surface                            Ft         100.00   $          10.00   $   1,000.00     $           37.00   $         3,700.00   $     36.00    $          3,600.00 $    36.00     $          3,600.00 $     37.00    $         3,700.00
 17    Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk       Ft         200.00   $           2.00   $     400.00     $            2.60   $           520.00   $      2.50    $            500.00 $     3.00     $            600.00 $      2.50    $           500.00
 18    Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar       Ft          80.00   $           6.00   $     480.00     $            6.40   $           512.00   $      7.50    $            600.00 $     8.00     $            640.00 $      7.50    $           600.00
 19    Pavt Mrkg, Ovly Cold Plastic, Lt Turn Arrow Sym       Ea           2.00   $          95.00   $     190.00     $          105.00   $           210.00   $     90.00    $            180.00 $   300.00     $            600.00 $     90.00    $           180.00
 20    Pavt Mrkg, Ovly Cold Plastic, Lt Turn Only            Ea           4.00   $         115.00   $     460.00     $          210.00   $           840.00   $    283.00    $          1,132.00 $   500.00     $          2,000.00 $ 285.00       $         1,140.00
 21    Pavt Mrkg, Waterborne, 4 inch, White                  Ft         800.00   $           0.50   $     400.00     $            0.52   $           416.00   $      0.47    $            376.00 $     0.30     $            240.00 $      0.50    $           400.00
 22    Pavt Mrkg, Waterborne, 4 inch, Yellow                 Ft        6295.00   $           0.25   $   1,573.75     $            0.16   $         1,007.20   $      0.47    $          2,958.65 $     0.30     $          1,888.50 $      0.50    $         3,147.50
 23    Barricade, Type III, High Intensity, Lighted, Furn    Ea          12.00   $          17.00   $     204.00     $          105.00   $         1,260.00   $     95.00    $          1,140.00 $    85.00     $          1,020.00 $     95.00    $         1,140.00
 24    Barricade, Type III, High Intensity, Lighted, Oper    Ea          12.00   $           3.00   $      36.00     $            5.00   $            60.00   $      5.00    $             60.00 $     1.00     $             12.00 $      5.00    $            60.00
 25    Dust Pillative, Applied                              Ton          15.00   $         100.00   $   1,500.00     $           10.00   $           150.00   $    395.00    $          5,925.00 $     1.00     $             15.00 $ 300.00       $         4,500.00
 26    Plastic Drum, High Intensity, Furn                    Ea         100.00   $          17.00   $   1,700.00     $           23.00   $         2,300.00   $     21.00    $          2,100.00 $    16.00     $          1,600.00 $     21.00    $         2,100.00
 27    Plastic Drum, High Intensity, Oper                    Ea         100.00   $           3.00   $     300.00     $            1.00   $           100.00   $      1.00    $            100.00 $     1.00     $            100.00 $      1.00    $           100.00
 28    Sign, Type B, Temp, Furn                              Sft        480.00   $           3.00   $   1,440.00     $            3.00   $         1,440.00   $      3.00    $          1,440.00 $     2.50     $          1,200.00 $      3.00    $         1,440.00
 29    Sign, Type B, Temp, Oper                             Sft         480.00   $           1.00   $       480.00   $            1.00   $           480.00   $       1.00   $            480.00   $     1.00   $            480.00   $     1.00   $           480.00
 30    Hyroseeding                                          Syd        1350.00   $           0.50   $       675.00   $            0.50   $           675.00   $       0.90   $          1,215.00   $     1.00   $          1,350.00   $     1.00   $         1,350.00
 31    Topsoil Surface, Furn, 4 inch                        Syd        1350.00   $           3.00   $     4,050.00   $            3.90   $         5,265.00   $       2.80   $          3,780.00   $     2.50   $          3,375.00   $     4.00   $         5,400.00
 32    Sand Refill                                          Cyd        6685.00   $           9.00   $    60,165.00   $            1.00   $         6,685.00   $       3.25   $         21,726.25   $     3.30   $         22,060.50   $     7.50   $        50,137.50
 33    Underdrain 6 inch Pipe                                Ft        1160.00   $           4.00   $     4,640.00   $            4.00   $         4,640.00   $       3.25   $          3,770.00   $     3.50   $          4,060.00   $     2.50   $         2,900.00
 34    Sidewalk, Conc, 4 inch                               Sft         850.00   $           3.00   $     2,550.00   $            2.20   $         1,870.00   $       2.10   $          1,785.00   $     2.40   $          2,040.00   $     2.45   $         2,082.50
 35    Sidewalk, Conc, 6 inch                               Sft         400.00   $           4.00   $     1,600.00   $            2.90   $         1,160.00   $       2.75   $          1,100.00   $     3.00   $          1,200.00   $     3.10   $         1,240.00
 36    Watermain, DI, 6 Inch, Tr Det G, Modified             Ft         265.00   $          35.00   $     9,275.00   $           41.80   $        11,077.00   $      52.20   $         13,833.00   $    35.00   $          9,275.00   $    41.75   $        11,063.75
 37    Watermain, DI, 8 Inch, Tr Det G, Modified             Ft        3627.00   $          30.00   $   108,810.00   $           44.50   $       161,401.50   $      53.60   $        194,407.20   $    40.40   $        146,530.80   $    48.20   $       174,821.40
 38    Watermain, DI, 12 Inch, Tr Det G, Modified            Ft          65.00   $          50.00   $     3,250.00   $           86.75   $         5,638.75   $      86.85   $          5,645.25   $    59.00   $          3,835.00   $    67.05   $         4,358.25
 39    Water Service, 1 inch, Copper Type K                  Ft         251.00   $          25.00   $     6,275.00   $           19.00   $         4,769.00   $      28.20   $          7,078.20   $    14.00   $          3,514.00   $    25.00   $         6,275.00
       Water Service, 2 inch, Copper Type K                  Ft          30.00   $          50.00   $     1,500.00   $           34.00   $         1,020.00   $      43.60   $          1,308.00   $    25.00   $            750.00   $    33.80   $         1,014.00
 40
 41    Corporation Stop, 1 inch                             Ea            7.00   $         250.00   $     1,750.00   $          235.00   $         1,645.00   $     114.00   $            798.00   $   280.00   $          1,960.00   $ 125.00     $           875.00
 42    Corporation Stop, 2 inch                             Ea            1.00   $         350.00   $       350.00   $          455.00   $           455.00   $     359.00   $            359.00   $   900.00   $            900.00   $ 270.00     $           270.00
 43    Meter Pit Complete                                   Ea            2.00   $         750.00   $     1,500.00   $          815.00   $         1,630.00   $   1,037.00   $          2,074.00   $   835.00   $          1,670.00   $ 785.00     $         1,570.00
 44    Cross, 12 Inch x 8 Inch, DI MJ                       Ea            1.00   $         600.00   $       600.00   $          935.00   $           935.00   $     967.00   $            967.00   $   830.00   $            830.00   $ 630.00     $           630.00
 45    Cross, 8 Inch x 8 Inch, DI MJ                        Ea            1.00   $         500.00   $       500.00   $          740.00   $           740.00   $     539.00   $            539.00   $   610.00   $            610.00   $ 420.00     $           420.00
 46    Hydrant, 6 inch, Standard                            Ea            8.00   $       1,500.00   $    12,000.00   $        2,195.00   $        17,560.00   $   2,270.00   $         18,160.00   $ 2,270.00   $         18,160.00   $ 2,100.00   $        16,800.00
 47    Sleeve, 6 inch, Long, DI MJ                          Ea            6.00   $         400.00   $     2,400.00   $          275.00   $         1,650.00   $     435.00   $          2,610.00   $   550.00   $          3,300.00   $ 330.00     $         1,980.00
 48    Sleeve, 12 inch, long, DI MJ                         Ea            2.00   $         400.00   $       800.00   $          565.00   $         1,130.00   $   1,271.00   $          2,542.00   $   650.00   $          1,300.00   $ 635.00     $         1,270.00
 49    Sleeve, 8 inch, Long, DI MJ                          Ea            7.00   $         400.00   $     2,800.00   $          325.00   $         2,275.00   $     623.00   $          4,361.00   $   600.00   $          4,200.00   $ 485.00     $         3,395.00
 50    Curb Stop and Box, 2 inch                            Ea            1.00   $         350.00   $       350.00   $          470.00   $           470.00   $     441.00   $            441.00   $   425.00   $            425.00   $ 485.00     $           485.00
 51    Valve, 6 inch, Gate, with Box                        Ea           11.00   $         700.00   $     7,700.00   $          930.00   $        10,230.00   $     790.00   $          8,690.00   $ 1,200.00   $         13,200.00   $ 710.00     $         7,810.00
 52    Valve, 8 Inch, Gate, With Box                        Ea           14.00   $         800.00   $    11,200.00   $        1,205.00   $        16,870.00   $   1,118.00   $         15,652.00   $ 1,465.00   $         20,510.00   $ 965.00     $        13,510.00
 53    Bend, 8 inch, 45 Degree, DI MJ                       Ea           26.00   $         350.00   $     9,100.00   $          360.00   $         9,360.00   $     272.00   $          7,072.00   $   310.00   $          8,060.00   $ 230.00     $         5,980.00
 54    Bend, 6 inch, 45 Degree, DI MJ                       Ea            6.00   $         350.00   $     2,100.00   $          270.00   $         1,620.00   $     223.00   $          1,338.00   $   280.00   $          1,680.00   $ 205.00     $         1,230.00
 55    Reducer, 8 inch, x 6 inch, DI MJ                     Ea            4.00   $         350.00   $     1,400.00   $          375.00   $         1,500.00   $     196.50   $            786.00   $   280.00   $          1,120.00   $ 225.00     $           900.00
 56    Cut and Cap, 6 inch Watermain                        Ea            2.00   $         400.00   $       800.00   $          575.00   $         1,150.00   $     280.00   $            560.00   $   500.00   $          1,000.00   $ 260.00     $           520.00
 57    Tee, 8 inch x 8 inch, DI MJ                          Ea            6.00   $         400.00   $     2,400.00   $          510.00   $         3,060.00   $     473.00   $          2,838.00   $   560.00   $          3,360.00   $ 360.00     $         2,160.00
 58    Tee, 8 inch x 6 inch, DI MJ                          Ea           11.00   $         400.00   $     4,400.00   $          460.00   $         5,060.00   $     426.00   $          4,686.00   $   500.00   $          5,500.00   $ 310.00     $         3,410.00
 59    Water Valve Box and Cover, Complete                  Ea            4.00   $         350.00   $     1,400.00   $          425.00   $         1,700.00   $     301.00   $          1,204.00   $   550.00   $          2,200.00   $ 370.00     $         1,480.00
 60    Curb Stop and Box, 1 inch                            Ea            5.00   $         250.00   $     1,250.00   $          270.00   $         1,350.00   $     267.00   $          1,335.00   $   320.00   $          1,600.00   $ 200.00     $         1,000.00




                                                                                                    $   672,153.75                       $       642,662.45                  $        719,565.80                $        648,722.80                $       774,143.90


       ORIGINAL ESTIMATE AMOUNT                                                                     $   668,653.75

                                                                  DIFFERENCE $                          (3,500.00)
                  Commission Meeting Date: June 26, 2012




Date:         June 19, 2012
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request for Preliminary and Final Planned Unit Development
              approval for 372 Morris Ave


SUMMARY OF REQUEST:

The request for Preliminary and Final Planned Unit Development (PUD) approval at
372 Morris Ave for a mixed use development. The request is by Bob Dykstra, Urban
Renaissance Group, LLC.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends final approval of the PUD provided that the conditions listed in the
attached resolution are met.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the Preliminary PUD and the
final PUD, with the conditions listed on the attached resolution, at their June 14, 2012
meeting. The vote was unanimous, with T. Michalski and W. Parked absent.




                                                                                     1
                                 CITY OF MUSKEGON

                                 RESOLUTION #2012-
   RESOLUTION FOR PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT
                     APPROVAL FOR 372 MORRIS AVE.

WHEREAS, a petition for a planned unit development was received from Bob Dykstra, Urban
Renaissance Group, LLC; and,

WHEREAS, a planned unit development will allow a mixed use development; and,

WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and

WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary
and Final Planned Unit Development and associated site plan, with conditions as follows:

       1.        Each phase of the PUD come back to the Planning Commission for approval of
                 the site plan and PUD amendment

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the preliminary and final planned unit development is
hereby approved.

Adopted this 26th day of June, 2012

       Ayes:

       Nays:

       Absent:


                                              By:
                                                    Stephen J. Warmington
                                                    Mayor


                                              Attest:
                                                        Ann Marie Cummings
                                                        Clerk, City of Muskegon
                  CERTIFICATE (Preliminary and Final PUD 372 Morris Ave.)

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of June, 2012, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and
that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2012.               _______________________________________
                                                Ann Marie Cummings
                                                Clerk, City of Muskegon
                                       MEETING EXCERPTS

                                      CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING
                                         June 14, 2012

Hearing, Case 2012-15: Request for preliminary Planned Unit Development approval for a
mixed use project for the property at 372 Morris St, by Urban Renaissance Group, LLC.

BACKGROUND

Applicant:                              Bob Dykstra, Urban Renaissance Group, LLC
Property Address/Location:              372 Morris St
Request:                                Preliminary Planned Unit Development (PUD)
Present Land Use:                       Parking
Zoning:                                 B-3, General Business District



STAFF OBSERVATIONS



1. This property is owned by the Community Foundation for Muskegon County and is currently
   used as a parking lot.
2. The property measures 8.34 acres.
3. The request for the PUD is for development of “The Shoreline Market,” which will be a
   mixed use development of retail, fresh food, artisans, office, market rate apartments and
   condos. The retail market (Phase 1) will be constructed out of recycled shipping containers.
   The rest of the development will use traditional building materials.
4. The Downtown and Lakeshore Redevelopment Plan of 2008 identifies this property as a high
   development priority, with a target date within the next five years. It had been identified as a
   possible location for the relocation of the farmers market along with the possibility of a
   pedestrian bridge over Shoreline Drive to connect downtown to the waterfront. However,
   However, the plan does mention that other beneficial uses to this property include a
   conference center and general mixed-use development.
5. The site plan will be discussed along with the final PUD request in the next case.
6. Notice was sent to all properties within 300 feet of this property. Staff has received no
   comments regarding this request.
                   372 Morris St, looking north from Morris St.




372 Morris St, looking northwest from Morris St. The new Social Security building is
                               pictured to the right.
Aerial Photo




Zoning Map
Ordinance Excerpt:

                                     Planned Unit Developments

Excerpted from Section 2101: Development Options


Planned Unit Development (PUD) Purpose

       The purpose of this option is to permit flexibility in the regulation of land development; encourage
       innovation in land use and variety in design, layout, and type of structures constructed; achieve
       economy and efficiency in the use of land, natural resources and utilities; encourage provision of
       useful open space; provide adequate housing, employment, and shopping opportunities
       particularly suited to the needs of the residents of the City of Muskegon and encourage the use,
       reuse, and improvement of existing sites and buildings when the uniform regulations contained in
       zoning districts do not provide adequate protection and safeguards for the site or surrounding area.

       This option is intended to accommodate developments with mixed or varied uses, to allow some
       degree of flexibility in the application of standards and regulations in this Ordinance to achieve
       innovation to development on sites with unusual topography or unique settings within the
       community, or on land which exhibits difficult or costly development problems, and shall not be
       allowed where this option is sought primarily to avoid the imposition of standards and requirements
       of zoning classifications rather than to achieve the stated purposes above.

       a.      Planned Unit Development Regulations, Standards and Requirements

               1)       The entire parcel for which application is made must be under one ownership or
                        the application must be made with the written authorization of all property owners.

               2)       The application shall   meet the criteria established in each specified zoning
                        district.

       b.      PUD Review Procedures

               1)       A petition for a PUD approval shall be submitted in accordance with Section 2332
                        of this ordinance.

               2)       The review shall be in two phases:

               3)       The preliminary phase shall involve a review of a conceptual PUD plan to
                        determine its suitability.

               4)       The final phase shall require a detailed development plan for any part of the
                        approved conceptual PUD plan.

       c.     Standards for Approval of PUD Plans

               The Planning Commission shall approve, deny or modify preliminary PUD plans, based
               upon the following standards. Likewise, the City Commission shall approve, deny, or
               modify final PUD plans (after review and recommendation by the Planning Commission)
               based upon the following standards.
                1)       The uses proposed will have a beneficial effect, in terms of public health, safety,
                         welfare, or convenience of any combination thereof, on present and potential
                         surrounding land uses. The uses proposed will not adversely affect the public
                         utility and circulation systems, surrounding properties, or the environment.

                2)       The uses proposed should be consistent with the land use plans adopted by the
                         City.

                3)       The amount of open space provided, which the Planning Commission or City
                         Commission may modify even though such modifications do not conform to that
                         required in other sections of this ordinance.

                4)       The amount of off-street parking areas, which the Planning Commission or City
                         Commission may modify even though such modifications do not conform to that
                         required in other sections of this ordinance.

                5)       The amount of landscaping and buffering areas, which the Planning Commission
                         or City Commission may modify even though such modifications do not conform
                         to that required in other sections of this ordinance.

                6)       The protection or enhancement of significant natural, historical, or architectural
                         features within the proposed development area.

                7)       The uses proposed will result in safe, convenient, uncongested and well defined
                         vehicular and pedestrian circulation systems.

Preliminary PUD Plan Submission

        The applicant shall submit together with the application for PUD preliminary phase approval:

        a.      A general development plan depicting the proposed locations of streets, parking areas,
                open spaces, buildings and structures, and their spatial relationships, the relationship to
                off-site improvements and infrastructure and any unusual topographic features.

                1)     Approval by the Planning Commission of the PUD Preliminary Plan shall remain
                       in effect for a period not to exceed three (3) years from the date of approval.
Final PUD Plan Submission

        The applicant shall submit together with the application for PUD final phase approval, development
        plans in sufficient detail and in so far as possible the specific locations and dimensions of:
        a.       all streets, sidewalks, public and private utilities, parking areas, truck docks and service
                 drives;

        b.      all buildings and structures, elevations and spacial relationships;

        c.      landscaping, buffers, fences, and protective walls;
        a.      open space areas and other significant environmental features;
        b.      existing and final topographic changes;
        c.      identification and directional signage:
        d.      a property survey prepared and certified by a licensed land surveyor;

Amendments to an Approved Final PUD Plan

                a.       Incidental or minor changes may be approved by the Planning Commission if the
                         proposed modifications do not alter the basic design or land uses of the plan.
                 b.       If the Planning Commission determines that the proposed modifications are
                          significant or major, a public notice and public hearing in accordance with Section
                          2332 must be conducted prior to approval or denial.


PUD Development Time Limits

                 a.       Construction of the improvements shown on the approved final PUD plan with all
                          proposed buildings, parking areas, landscaping and infrastructure must
                          commence within one year of approval by the City Commission.

                 b.       Construction must be continued in a reasonable, diligent manner and be
                          completed within five (5) years.

                 a.       Said five (5) year period may be extended if applied for in writing by the petitioner
                          and granted by the City Commission following public notice and public hearing in
                          accordance with Section 2332 of this ordinance. Failure to secure an extension
                          shall result in a stoppage of all construction.




DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency with the adjacent
   use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of increased
   traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.

4. The proposed site plan complies with section 2331of the ordinance and has:
              a. proper ingress and egress
              b. sufficient parking areas, streets, roads and alleys
              c. screening walls and/or fences
              d. adequate fire and police protection
              e. provisions for disposal of surface water run-off, sanitary sewage
              f. adequate traffic control and maintenance services
              g. preserves property values to related or adjoining properties.


MOTION FOR CONSIDERATION
I move that the Preliminary PUD for a mixed-use development at 372 Morris Ave be (approved/denied)
pursuant to the determination of (compliance/lack of compliance) with the intent of the City Zoning
Ordinance and City Master Land Use Plan.
                         AGENDA ITEM NO. ___________________

                        CITY COMMISSION MEETING          June 26, 2012



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       June 15, 2012

RE:         Charter Amendments regarding Millage Cap and Senior Transit Millage




SUMMARY OF REQUEST:
To approve a charter amendment to set a specific millage rate limit and a charter amendment
for a Senior Transit millage.



FINANCIAL IMPACT:
A Senior Transit millage would generate funds to support the Senior Transit program.




BUDGET ACTION REQUIRED:
None at this time.




STAFF RECOMMENDATION:
These amendments are provided pursuant to direction from the City Commission at their
meeting on June 12, 2012.



COMMITTEE RECOMMENDATION:
None.




pb\AGENDA - CHRTR AMNDMNTS 061512
                                                     CITY OF MUSKEGON

                                                  RESOLUTION NO.______

        A Resolution of the City of Muskegon City Commission to propose for adoption by the
voters of the City of Muskegon an Amendment to the City Charter concerning an additional
millage for transportation for low to moderate income citizens over the age of 62.


The City Commission of the City of Muskegon resolves the following amendment to the
City Charter shall, upon approval of the Governor, be submitted to the Electors of the City
in accordance with the Home Rule Cities Act of the State of Michigan

                                              Proposed Charter Amendment


                                                        City of Muskegon

Amend Article XI, by adding Section 8 to read as follows:

                                                ARTICLE XI. TAXATION

                     Section 8. Taxation; Transit for Low to Moderate Income Citizens over the
                     age of 62.

                     In addition to the limitation established in Article XI, Section 7, the City shall
                     have the power to levy an ad valorem tax in an amount not to exceed 0.1 mill of
                     the taxable valuation of all such real and personal property from December 1,
                     2012, for the purpose of providing transportation services for low to moderate
                     income citizens over the age of 62 who reside in the City of Muskegon.

        BE IT FURTHER RESOLVED that the proposed addition of Section 8 would be
applicable only if the proposed Charter Amendments adding Sections 7 and 8 are adopted by the
electorate.

       BE IT FURTHER RESOLVED that the following language be placed upon the ballot at
the next election in accordance with the Home Rule Cities Act:

                     CHARTER AMENDMENT

                     Shall Section 8 of Article XI of the City Charter be adopted to authorize the levy
                     of 0.1 mills on real and personal property situated in the City for the purpose of
                     providing transportation services for low to moderate income citizens over the age
                     of 62 who reside in the City of Muskegon, commencing with the December 1,
                     2012 levy, in addition to the current tax limitation, and that these provisions be




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I38003-Chartr Amendment tax for seni.DOC
                     made an express part of the City Charter? (This Charter amendment is contingent
                     upon adoption of the Charter amendment adding Section 7 to Article XI.)

       BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the
city commission on __________ ___, ____, be published in the Muskegon Chronicle, and a
reasonable number of copies made available to the public before the said election.

This resolution adopted:

AYES: _______________________________________________________________________
_____________________________________________________________________________

NAYES: ______________________________________________________________________
_____________________________________________________________________________


ABSENT: _____________________________________________________________________


                                                                                       CITY OF MUSKEGON

                                                                                       By___________________________
                                                                                       Ann Marie Cummings, City Clerk

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the city commission members of the City of Muskegon, Michigan, held on the ____
day of ________, 2012, and that the minutes of the meeting are on file in the office of the City
Clerk and are available to the public. Public notice of the meeting was given pursuant to and in
compliance with Act 267, Public Acts of Michigan, 1976.

                                                                                       ______________________________
                                                                                       Ann Marie Cummings, City Clerk




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I38003-Chartr Amendment tax for seni.DOC
                                                      CITY OF MUSKEGON

                                                   RESOLUTION NO.______

        A Resolution of the City of Muskegon City Commission to propose for adoption by the
voters of the City of Muskegon an Amendment to the City Charter concerning an additional
millage for street improvements and street maintenance.


The City Commission of the City of Muskegon resolves the following amendment to the
City Charter shall, upon approval of the Governor, be submitted to the Electors of the City
in accordance with the Home Rule Cities Act of the State of Michigan

                                               Proposed Charter Amendment


                                                          City of Muskegon

Amend Article XI, by adding Section 7 to read as follows:

                                                 ARTICLE XI. TAXATION

                      Section 7 Taxation; General Powers.

                              The City shall have the power to assess taxes and levy and collect rents,
                      tolls and excises. The annual ad valorem tax levy shall not exceed ten (10) mills
                      of the assessed valuation of all real and personal property subject to taxation in
                      the City as equalized by the State, exclusive of any levy required for the payment
                      of principal and interest on City indebtedness or on outstanding bonds of the City
                      and exclusive of any levy authorized by statute to be made beyond the Charter tax
                      rate limitation.

       BE IT FURTHER RESOLVED that the following language be placed upon the ballot at
the next election in accordance with the Home Rule Cities Act:

                      CHARTER AMENDMENT
                      Shall Section 7 of Article XI of the City Charter be adopted to authorize the levy
                      of 10 mills on real and personal property situated in the City, which is the current
                      limitation, commencing with the December 1, 2012 levy, and that these
                      provisions be made an express part of the City Charter?

       BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the
City Commission on __________ ___, ____, be published in the Muskegon Chronicle, and a
reasonable number of copies made available to the public before the said election.

This resolution adopted:



C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I37093-Resolution - charter tax_.DOC
AYES: _______________________________________________________________________
_____________________________________________________________________________

NAYES: ______________________________________________________________________
_____________________________________________________________________________


ABSENT: _____________________________________________________________________


                                                                                        CITY OF MUSKEGON

                                                                                        By___________________________
                                                                                        Ann Marie Cummings, City Clerk

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the city commission members of the City of Muskegon, Michigan, held on the ____
day of ________, 2012, and that the minutes of the meeting are on file in the office of the City
Clerk and are available to the public. Public notice of the meeting was given pursuant to and in
compliance with Act 267, Public Acts of Michigan, 1976.

                                                                                        ______________________________
                                                                                        Ann Marie Cummings, City Clerk




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I37093-Resolution - charter tax_.DOC
DATE:        06/19/2012

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN120015


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
230 MYRTLE AVE 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: # EN120015 - 230 MYRTLE AVE

Location and ownership: This structure is located on Myrtle Ave. between
Rathborne and Murphy Streets and is owned by CLARK WALTER G/PAMELA.

Staff Correspondence: A dangerous building inspection was conducted on
1/27/12 based on fire report. The Notice and Order to Repair was issued on
02/14/12. On 04/05/12 the HBA declared the structure substandard and
dangerous.

Owner Contact: Mr. & Mrs. Walter and Pamela Clark were present for HBA
meeting dated 04/05/12. Mr. Clark stated there was no insurance on home and
that Habitat of Humanity had approached him about demolishing the home to
acquire land but no definite contract/agreement had been established.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $7,000 (Entire property)

Estimated cost to repair: $100,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
DATE:        06/19/2012

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN120019


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
510 OTTAWA ST 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: # EN120019 - 510 OTTAWA ST

Location and ownership: This structure is located on Ottawa between Kenneth
and Holt Streets and is owned by URBAN STREAM LLC.

Staff Correspondence: A dangerous building inspection was conducted on
02/07/12. The Notice and Order to Repair was issued on 02/14/12. On 04/05/12
the HBA declared the structure substandard and dangerous.

Owner Contact: David Medendorp was present for HBA meeting stating a lot of
properties was purchased thru County auction and didn’t realize building existed
on parcel. Owner had no plan to repair. Inspections Department staff noted
several complaints and police reports received regarding loose bricks and
openings unsecured allowing kids to enter.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $7,000 (Entire property)

Estimated cost to repair: (over) $100,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
DATE:        06/15/2012

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN120007


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
450 W SOUTHERN AVE 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: # EN120007 - 450 W SOUTHERN AVE

Location and ownership: This structure is located on Southern Ave. between 8th
and Park Streets is owned by BRYANT SELMA.

Staff Correspondence: A dangerous building inspection was conducted on
01/10/12 based on fire report. The Notice and Order to Repair was issued on
01/30/12. On 04/05/12 the HBA declared the structure substandard and
dangerous. Property is in foreclosure status with County of Muskegon.

Owner Contact: No one was present for the HBA meeting dated 04/05/12. Owner
called stating there was no fire insurance and property was deeded to her by
mother and she doesn’t have funds to repair.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $6,100 (Entire property)

Estimated cost to repair: $50,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
DATE:         06/19/2012

TO:           Honorable Mayor and Commissioners

FROM:         Jeffery Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order
              to Demolish. Dangerous Building Case #: EN110079


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
1290 WOOD ST 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: # EN110079 - 1290 WOOD ST

Location and ownership: This structure is located on Wood between Catawba
and Nims Streets and is owned by HOPE LIGHTHOUSE CHURCH.

Staff Correspondence: A dangerous building inspection was conducted on
04/13/2011. The Notice and Order to Repair was issued on 05/26/11. On
08/04/11 the HBA declared the structure substandard and dangerous.

Owner Contact: Mr. Doug Malear was present for the HBA meeting dated
08/04/11. Mr. Malear stated he purchased property on land contract and
recognized need to demolish but was trying to pay off property taxes and was
limited on funds to demolish.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:      $23,000(Entire property)

Estimated cost to repair: $40,000(Exterior Only)

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

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