City Commission Packet 09-27-2005

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    CITY OF MUSKEGON
          CITY COMMISSION MEETING
                   SEPTEMBER 27, 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. Liquor License Transfer of Ownership Request- City Cafe. CITY CLERK
     C. Liquor License Request for Outdoor Service - Linne Lodge #57.    CITY
        CLERK
     D. Rezoning Request for Properties Located at 3800 Bluff and 1260 Browne
        Streets. PLANNING & ECONOMIC DEVELOPMENT
     E. Zoning Ordinance Amendment to Article II (Definitions) of the Zoning
        Ordinance. PLANNING & ECONOMIC DEVELOPMENT
     F. Zoning Ordinance Amendment to the Zoning Ordinance Language for
        Creation and Membership (Zoning Board of Appeals). PLANNING &
        ECONOMIC DEVELOPMENT
     G. Budgeted GPS Purchase. PUBLIC WORKS
     H. Fuel Sales. PUBLIC WORKS
     I.   Request for Encroachment Agreement by Muskegon Masonic Temple
          Association. ENGINEERING
     J. Request for Encroachment Agreement on          Jefferson and    Clay.
        ENGINEERING
     K. Softball World Contract Extension with Muskegon Township. ASSISTANT
        CITY MANAGER
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
          A. Sister City- Antalya, Turkey. MAYOR
          B. Intergovernmental Cooperation Agreement with Muskegon County for
             Mail Processing Services. CITY CLERK & FINANCE
          C. Agreement for School Resource Officer-Muskegon Public Schools.
             PUBLIC SAFETY
          D. Towing Service and Storage of Impounded Vehicles. PUBLIC SAFETY
          E. Concurrence With the Housing Board of Appeals Notice and Order to
             Demolish the Following: PUBLIC SAFETY
              1516 Hoyt Street
              350 Allen - Area 11
              291 Washington- Area lOb
              769 Washington- Area 12
o ANY OTHER BUSINESS:
o 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 Choir.
>    Step fo!Word to fhe microphone.
>    State name and address.
>    limit of 3 minutes to address the Commission.
>    {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO A TrEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date:      September 27, 2005
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the September 1ih
Community Relations Committee Meeting and the Commission
Worksession, the September 13th Regular Commission Meeting, and the
September 15th Special Commission Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                   SEPTEMBER 27, 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 5:30 p.m., Tuesday, September
27,2005.
   Mayor Warmington opened the meeting with a prayer from Commissioner
Clara 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
Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin
Davis, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-88 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the September 12th Community
Relations Committee Meeting and the Commission Worksession, the September
13th Regular Commission Meeting, and the September 15th Special Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. Liquor License Transfer of Ownership Request- City Cafe. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from lordache Holdings, Inc. to transfer
ownership of the 2005 Class C licensed business with Dance-Entertainment
permit from Ashley-Chandler, Ltd. and PKT Twelve, Inc. (Co-licensees).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF   RECOMMENDATim~:      All departments ore recommending approval.
        C. liquor license Request for Outdoor Service - Linne lodge #57.     CITY
           CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from Linne Lodge #57, Independent Order of
Vikings to add a New Outdoor Services (1 area) to be held in conjunction with
their 2005 Club licensed business with Dance Permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
        D. Rezoning Request for Properties Located at 3800 Bluff and 1260 Browne
           Streets. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 3800 Bluff and
1260 Browne Streets, from R-1, Single Family Residential to OSR, Open Space
Recreation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 15th meeting. The vote was
unanimous in favor of the amendment. with B. Smith absent.
        E. Zoning Ordinance Amendment to Article II (Definitions) of the Zoning
           Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to amend the
definitions for "Hotel" and "Motel".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:       Staff recommends amendment of the Zoning
Ordinance to amend the definitions for "Hotel" and "Motel".
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
        I.   Request for Encroachment Agreement by Muskegon Masonic Temple
             Association. ENGINEERING
SUMMARY OF REQUEST:        Muskegon Masonic Temple has requested your
permission to upgrade the existing awning at the entrance of the building. The
awning will follow the same footprints as the existing awning (built in 1972) and
be installed by Muskegon Awning.          The new awning will extend over the
sidewalk at 396 W. Clay Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
      J. Request for Encroachment          Agreement     on   Jefferson   and   Clay.
         ENGINEERING
SUMMARY OF REQUEST: Volunteer Muskegon has requested your permission to
place three (3) planters along Jefferson/Clay area closest to their office at 880
Jefferson. The planters would be about three feet in diameter similar to those
along Lakeshore Drive. This request is unusual in the respect that it is for ten ( 10)
years instead of the standard five (5) years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
      K. Softball World Contract Extension with Muskegon Township. ASSISTANT
         CITY MANAGER
SUMMARY OF REQUEST: The City Leisure Services Department has a contract
with Muskegon Township for the use of Softball World. The contract expires on
November 1, 2005. Due to the need to complete a thorough assessment of the
continuation of the Softball Program, a one-year extension of the contract was
requested and granted by Muskegon Township. Staff is requesting official
authorization by the Commission to allow the Mayor and Clerk to sign the one-
year extension.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the one-
year extension of the Contract with Muskegon Township for the use of Softball
World.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items F, G, and H.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
             Nays: None
MOTION PASSES
2005-89 ITEMS REMOVED FROM THE CONSENT AGENDA:
      F. Zoning Ordinance Amendment to the Zoning Ordinance Language for
         Creation and Membership (Zoning Board of Appealsl. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:        Request to amend Section 2501 (Creation and
Membership) of Article XXV, Zoning Board of Appeals to mirror the State of
Michigan Zoning Act that requires a 2/3 concurring vote of members to grant a
use variance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:         Staff recommends amendment of the Zoning
Ordinance to amend the "Creation and Membership" language to mirror the
State of Michigan Zoning Act that requires a 2/3 concurring vote of members to
grant a use variance.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
zoning ordinance amendment to the zoning ordinance language for creation
and membership of the Zoning Board of Appeals.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
            Nays: None
MOTION PASSES
      G. Budgeted GPS Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:     Approval to purchase 20 GPS receivers and
components from Advanced Tracking Technologies.
FINANCIAL IMPACT: Cost $26,945.85
BUDGET ACTION REQUIRED: None. There is $32,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the budgeted GPS purchase.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
           Nays: None
MOTION PASSES
      H. Fuel Sales. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to waive the 15% administrative fee on
outside fuel sales to Muskegon Public Schools.
FINANCIAL IMPACT: $5,000 in revenue depending on fuel consumption.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve waiving administrative fee.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the waiver of the 15% administrative fee on outside fuel sales to Muskegon
Public Schools.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
2005-90 NEW BUSINESS:
      A. Sister Citv- Antalya, Turkey. MAYOR
SUMMARY OF REQUEST: To establish a Sister City relationship with Antalya,
Turkey. The relationship will provide an opportunity for a cultural exchange
between the two cities.
FINANCIAL IMPACT: Minimal expenses expected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve establishing a Sister Cities relationship
with Antalya, Turkey.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Sister City relationship with Antalya, Turkey.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
            Nays: None
MOTION PASSES
      B. Intergovernmental Cooperation Agreement with Muskegon Countv for
         Mail Processing Services. CITY CLERK & FINANCE
SUMMARY OF REQUEST: Postal regulations and equipment requirements are
constantly changing. The City is currently faced with the requirement to replace
its postage metering equipment by the end of 2006. We have looked at several
alternatives for meeting our future mailing needs including purchase/lease of
new equipment and outsourcing mail processing. Staff has concluded that the
most cost-effective option is to enter into the intergovernmental cooperation
agreement with Muskegon County for this purpose. Under the agreement, the
City will pay $0.06 for each piece of mail processed (in addition to postage
costs). (By way of comparison, the County Central Services office charges
$0.05/piece to other County departments.) This agreement applies to the City's
general daily mail needs but does not cover high-volume, bulk mailings such as
tax and water bills. These mailings are handled under a separate printing and
mailing services contract with a private firm.
FINANCIAL IMPACT: Approximately ll 0,000 pieces of mail will be processed
annually under this contract at a total cost of $6,600. This cost will be more than
offset by the following savings: l) volume/sorting discounts not available to City
(annual savings $1.980); 2) Avoidance of equipment and meter purchase/lease
(annual savings $4.476); 3) staff-time savings in Clerk and Finance offices (annual
savings $2,500).
Additionally, many other minor benefits will be realized: l) responsibility for
monitoring/responding to changing postal requirements will pass to the County;
2) postal supplies savings ($50-$100); and, 3) minor interest savings from no
longer pre-funding postage meter.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the "Agreement for Mail Services" with
Muskegon County.
Motion by Commissioner Gawron, second by Commissioner Davis to approve
the Agreement for Mail Services with Muskegon County.
ROLL VOTE: Ayes:  Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      C. Agreement for School Resource Officer-Muskegon Public Schools.
         PUBLIC SAFETY
SUMMARY OF REQUEST:            Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for a full-time School Resource Officer who will
be assigned to Muskegon High School. Muskegon Public Schools has agreed to
pay one-half of the annual salary of a police officer position. This will not be a
new position. The officer will be selected from the existing staff.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$30,000 each calendar year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the agreement for School Resource Officer with Muskegon Public Schools.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
              Nays: None
MOTION PASSES
        D. Towing Service and Storage of Impounded Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: Bids were solicited and have been accepted for the
towing services and storage of impounded vehicles for the City of Muskegon's
Police and Public Works Departments. This bid covers a three-year contract
beginning September 1, 2005- August 31, 2008. Two companies submitted bids.
They were (1) Central Towing, 710 Pulaski and (2) Reliable Towing, Inc., 1288 9th
Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Based upon the bid proposals, we recommend that
Central Towing be awarded this contract.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the contract with Central Towing for towing and storage and have staff negotiate
the City vehicle flat tire change/exchange from September 1, 2007 to August 31,
2008.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
             Nays: None
MOTION PASSES
        E. Concurrence With the Housing Board of Appeals Notice and Order to
           Demolish 1516 Hoyt, 350 Allen, 291 Washington. and 769 Washington.
           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 (30)
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 the demolitions with the lowest
responsible bidder.
          1516 Hoyt
          350 Allen - 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 Gawron to concur
with the Housing Board of Appeals notice and order to demolish 1516 Hoyt and
350 Allen.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
            291 Washington- Area lOb
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 291 Washington.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
            Nays: Davis
MOTION PASSES
            769 Washington- Area 12
FINANCIAL IMPACT: General Fund
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 table the
demolition of 769 Washington for 30 days.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
            Nays: None
MOTION PASSES
2005-91 ANY OTHER BUSINESS:
Our new Sister City Antalya, Turkey, gave a presentation.
2005-92 PUBLIC PARTICIPATION:
Scott Siera dzki, 1074 Kampenga, spoke re ference his house at 557 W. Clay
Street.
Motion by Vice Mayor Larson, second by Commissioner Davis to take no action
on the demolition before October 27th with the understanding that the building
must pass inspections prior to that date.
ROLL VOTE: Ayes: Warmington, Carter, Davis, and Larson
            Nays: Spataro, Gawron, and Shepherd
MOTION PASSES
Lyle Day, 1989 Duck Lake Road, requested sick leave extension.
Motion by Commissioner Spataro, second by Commissioner Davis to grant a six-
month leave per contract with the understanding that it is an unpaid leave.
ROLL VOTE: Ayes: Davis, Carter, Larson, Shepherd, Gawron, and Spataro
            Nays: None
            Absent: Warmington (excused at 8:01 p.m.)
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:07 p.m.


                                          Respectfully submitted ,


                                            ~0 - ~r
                                          Gail A. Kundinger, MMC
                                          City Clerk
Date:      September 27,2005
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Transfer of Ownership Request
           City Cafe
           413-415 W. Western Avenue




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from lordache Holdings, Inc. to
transfer ownership of the 2005 Class C licensed business with Dance-
Entertainment Permit from Ashley-Chandler, Ltd. And PKT Twelve, Inc.
(Co-licensees).


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:           All departments are recommending
approval.
                                  Musl(egon Police Department
                                                    Anthony L. K/eibecker
                                                   Director of Public Safety




                    980 Jefferson                 w'vvw.muskcgonpolice.com     Phone:231-724-6750
                    Muskegon, Michigan                                         FAX: 231-722-5140
                    49443-0536




Sept. 16, 2005



To:              City Commission through the City Manager

From:              ~ L.I~Q._
                 Antl   y L. Kletbecker, Director of Public Safety

Re:              Liquor License Request - 413-415 W. Western
                 Transfer of Ownership of 2005 C lass-C SDM Licensed Business



The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Iordache Holdings, Inc. comprised of Catalin and Daniela Iordache of
426 East Circle Dr. in North Muskegon.

Iordache Holdings, Inc requests to transfer ownership of 2005 Class-C SDM licensed business with
Dance-Entertainment Permit, 2 Direct Connections, and 3 Bars located at 413-415 W . Western from
Ashley-Chandler, Ltd. and PKT Twelve, Inc. Catalin and Daniela Iordache have limited experience in the
alcohol service industry and are aware of the Muskegon Police Depmiment's position on enforcing local
alcohol laws and ordinances.

A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.



ALK/kd
                       Mici ">Jan Department of Labor & Economic C:mJWth
                                LIQUOR CONTROL COMMISSION
                                        7150 Harris Drive
                                         P.O. Box 30005
                                  Lansing. Michigan 48909-7505

                              POLICE INVESTIGATION REQUEST
                                [Authorized by MCL 436.1201 (4 )]



To:    MUSKEGON POLICE DEPARTMENT                                  Date: August 16, 2005
       CHIEF OF POLICE                                             REF#: 316345
       980 JEFFERSON STREET, PO BOX 536
       MUSKEGON, M149443-0536




Chief Law Enforcement Officer

Applicant:

IORDACHE HOLDINGS, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2005 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, 2 DIRECT CONNECTIONS, AND 3
BARS, LOCATED AT 413-415 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY, FROM
ASHLEY-CHANDLER, LTO. AND PKT TWELVE, INC. (CO-LICENSEES).




Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request. LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form. you may use
the back.

Forward your report and recommendations of the applicant to the Licensing Division.


Please include fingerprint cards and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.


If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.




LC-1972 Rev. 9/17
4880-1658

sfs
                                                                                        Michigan   ~"oartmentof Labor & Economic Growth
 POLICE INSPECTION REPORT ON L.        OR LICENSE REQUEST                                 MICHl(       LIQUOR CONTROL COMMISSION
                                                                                                         7150 Harris Drive
 Req lD #316345       (Authorized by MCL 436.1217)                                                        P.O. Box 30005
                                                                                                   Lansing, Michigan 48909·7505

  · Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
               Return the completed report and fingerprint cards to the Commission.
  BUSINESS NAME AND ADDRESS: (include zip code)
  IORDACHE HOLDINGS, INC., 413-415 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY

  REQUEST FOR:
  REQUEST TO TRANSFER OWNERSHIP OF 2005 CLASS C-SDM LICENSED BUSINESS WITH
  DANCE-ENTERTAINMENT PERMIT, 2 DIRECT CONNECTIONS, AND 3 BARS, FROM ASHLEY-
  CHANDLER, LTO. AND PKT TWELVE, INC. (CO-LICENSEES).

[ Section 1.                                              APPLICANT INFORMATION                                                                    I
  APPLICANT #1:                                                    APPLICANT #2:
  CATALIN V. IORDACHE- STOCKHOLDER                                       DANIELA. IORDACHE- STOCKHOLDER
  HOME ADDRESS AND AREA CODE/PHONE NUMBER:                               HOME ADDRESS AND AREA CODE/PHONE NUMBER:
 .426 EAST CIRCLE DRIVE                                                  426 EAST CIRCLE DRIVE
  NORTH MUSKEGON, Ml 49445                                               NORTH MUSKEGON, Ml 49445
  H(231 )744-9217/B(231 )638-2654                                        H&B(231 )744-9217
  DAT:=OFBIRTH:           ~-zo··(;7                                      DATE OF BIRTH:          "/·12·73
  If the applicant is not a U.S. Citizen:                                If the applicant is not a U.S. Citizen:
     0                                                                      0
         Does the applicant have permanent Resident Alien status?               Does the applicant have permanent Resident Alien status?
           '}JSes       D No                                                       liZI Yes D No
    0                                                                       0
      Does the applicant have a Visa? Enter status:                        Does the applicant have a Visa? Enter status:
    Date finQerprinted:     '1- 9 -OS                                    Date fingerprinted: ")- 9- ()!;
I        Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission.                                  I
  ARREST RECORD:            0 Felony      0 Misdemeanor                ARREST RECORD:            0 Felony      0 Misdemeanor
  Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
 report if more space is needed)                                         report if more space is needed)

[Section 2.                           Investigation of Business and Address to be Licensed                                                         I
 Does applicant intend to have dancing or entertainment?
 D No S-Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit

 Are gas pumps on the premises or directly adjacent?         )li. No     D Yes, explain relationship:


l Section 3.                   Local and State Codes and Ordinances, and General Recommendations
 Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
 and ordinances, if this license is granted?  i;J::Yes    D No

 If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


[_Section 4.                                                       Recommendation
  From your investigation:
     1. Is this applicant qualified to conduct this business if licensed?      ~Yes         0 No
    2. Is the proposed location satisfactory for this business?                 l8l Yes     0 No
     3. Should the Commission grant this request?                                lR'Yes     0 No
    4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)


                                                                                                                           ? -.2..1 -0~
                                                                                                                                  Date

                                                         MUSKEGON POLICE DEPARTMENT


   LC-1800 Rev. 07/02
                                                           STATE OF MICHIGAN
                                                 'EPARTMENT OF LABOR & ECONOMIC GROWTI'
                                                       LIQUOR CONTROL COMMISSION                        REQ ID: 316345
                                                              7150 Harris Drive
                                                               P.O. Box 30005
                                                           Lansing, MI 48909-7505


                                 LOCAL LAW ENFORCEMENT AGENCY REPORT

                                              DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
                                                        (Authorized by MCL 436.1916)


 IQRDACHE HOLDINGS, INC.
 ii'PPLICANT/LICENSEE                                                                                                PHONE NUMBER



 STREET ADDRESS                              CITY                               TOWNSHIP                      COUNTY            ZIP
                                                           X                    X


 1.            The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
               customers. cy"'ES·,            NO             N/A

 2.            Describe the type of entertainment applicant/licensee will provide:             NIA
                                                                                    /I1V>Jl.




               Will this entertainment include topless activity?     YES                                    N/A


                                                                                                  NIA
                                              PERMIT                                              N/A
                           vnwc''" ACTIVITY PERMIT                                                N/A




               DATE SUBMITTED                                        OFFJCESSIGNATURE




                                                                                DEPARTMENT NAME                     PHONE NUMBER




                                                                                ADDRESS                                    '   CITY




LC·fi9JN REV 5/98
~;1!\(}-0652
                                                                                                                                          Req ID #316345
                                                          STATE OF MICHIGAN
                                                DEPARTMENT OF LABOR & ECONOMIC GROWTH
                                                      LIQUOR CONTROL COMMISSION


                                                                         RESOLUTION
                                                                          2005-SS(b)
Ata       Regular                                                             meeting of the __c_i_t~y----=C_o__,m,..,..m-=-1-·..,...s=s_i_o=n::----::---,.,.---- --
                    (Regular or Special)                                                                            (Township Board, City or Village Council)



called to order by Mayor Warmington                                                   on       September 27, 2005at                            5 : 30
                                                                                                                                            - - -- - P.M.

The following resolution was offered:

Moved by Commissioner Carter                                                   and supported by Commissioner Spataro

That the request from IORDACHE HOLDINGS, INC. TO TRANSFER OWNERSHIP OF 2005 CLASS C
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 413-415 W . WESTERN,
MUSKEGON, Ml49440, MUSKEGON COUNTY, FROM ASHLEY-CHANDLER, LTD. AND PKT TWELVE, INC.
(CO-LICENSEES).


be considered for              Approval
                                                                               (Approval ur Disapproval)

                                   APPROVAL                                                                  DISAPPROVAL

               Yeas:                 7                                                            Yeas:

               Nays:                 0                                                            Nays:

               Absent:               0                                                            Absent:

It is the consensus of this legislative body that the application be:

                                    Recommended                                                                                                          for issuance
-----------~(R~~o-
                 m-me-nd~ed-
                          or-no--,tR~ec-·om-m-en-,-ded~)----------------




State of Michigan                                    )

County of Muskegon                                       )

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the ___c-;;;:i~t..::y;.,..--;;C_o-:-m-:::-m::--i-;-;s:;;-s_i-:::-o__n-,;-:----- at a _ _R_e--=g:...u_l_a_r-;;;-:=~=:-------
                                 (Township Board, City or Village Counci l)                                                (Regular or Special)



meeting held on September 27. 2005 .
                                           ( Date)



                   SEAL

                                                                                                                                    Muskegon, MI 49440
                                                                                                                                     (Mailing address of Township. City of Village)
                                                                        SEP 1 6 2005
                                                                   MU::SKEbU1\ hJi    DEPT.
                                                                        CHIEF of POLICE

To:    Tony Kleibecker, Director of Public Safety

From: Det. Kmi Dykman

Date: 09-16-05

Re:    Liquor License Transfer



Chief Kleibecker,

The Muskegon Police Depmtment has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Iordache Holdings, Inc. of 413-
415 W. Western, Muskegon, MI. 49440.

Iordache Holdings, Inc is requesting to transfer ownership of 2005 Class-C SDM licensed
business with Dance-Entertainment Permit, 2 Direct Connections, and 3 Bars located at
413-415 W. Western from Ashley-Chandler, Ltd. and PKT Twelve, Inc. Iordache
Holdings, Inc is comprised of Catalin and Daniela Iordache of 426 East Circle Dr, N.
Muskegon, MI. 49445. Mr. & Mrs. Iordache have had limited experience in the alcohol
service industry and has been made aware of the Muskegon Police Departments position
on enforcing local alcohol laws and ordinances.

A check of MPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,

               /



.· .· ,             :;~~'L_
Det. Kurt Dyktlliin           ..


data/common/liquor/Iordache
              LIQUOR LICENSE REVIE\V FOlll\,1



AKA Business Name (if applicable): - - - - - - - - - - - - - - -

0 pe ra tor/Manager's Name: _                           f=a......f.;...:.,'n-'--_..::....+-____./)"'"'a"'-(7:.....:....:.-;'e.______,..
                                      ___._.f!.....,a.......                                                                  =/                         h. . .
                                                                                                                                    .J""""a"-'-c"""'J,. . ,_a......
                                                                                                                                                              c .... e____

Business Address:


Reason for Review:
New License D                 Transfer of Ownership                                      181'                               Dance Permit D

Drop/Add Name on License D                                                                                     Transfer Location D

Drop/Add Stockholder Name            D                                             New Entertainment Permit D

Other
        ----------------------------
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety                Approved          ~                     Denied D                                  No Action Needed D

Income Tax                   Approved D                              Owing D                                   Amount:                       ----
Treasurer                    Approved D                              Owing D                                   Amount:

Zoning                       Approved D                             Denied D                                   Pending ZBA                                0
Clerk's                      Approved D                             Owing D                                    Amount:                       ----
Fire/Inspections             Approved D                             Denied D                                 Remaining Defects D




Department Signature           ~        L           . I      ~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
                                                                                                                                                                                7-r-os-

              LIQUOR LICENSE REVIE\V FOllJ,,I



AKA Business Name (if applicable): - - - - - - - - - - - - - - --

0 pe ra tor/Manager's Name: _         ___._.fl:....::a.....f...=a.......l-'-'
                                                                          /n' -'----"'f-_   _.../2"""'a'-'-n.._.l_;:.e"'"'"/_                                  u ......
                                                                                                                                .......,..,.,l:....:.a"-c...,_J.....     b.._.e" ----
                                                                                                                                                                     c ......

Business Address:


Reason for Review:
New License D                Transfer of Ownership                                          Bf                                  Dance Permit D

Drop/Add Name on License D                                                                                         Transfer Location D

Drop/Add Stockholder Name            D                                               New Entertainment Permit D

Other
        ----------- ------------------
Deadline for receipt of all information: - - - -- -- - - -- -- - - -
Public Safety                Approved D                               Denied D                                      No Action Needed D

Income Tax                   Approved~                                Owing D                                       Amount:

Treasurer                    Approved D                               Owing D                                       Amount:

Zoning                       Approved D                              Denied D                                       Pending ZBA D

Clerk's                      Approved D                              Owing D                                       Amount:

Fire/Inspections             Approved D                              Denied D                                    Remaining Defects D




Department Signature         ~Cf,JQ:f---
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
                    LIQUOl~                       LICENSE PJ:VIE'V FORlVl~AXED                                                                          RECEIVED       0
                                                                                                                                                SEP 12 2005
Business Name:                      _To rJo cbe                       /-lo /J,~v s
                              -~'-!..-!.A-lo'- - '-~'<" '-,'" "~'!Afo
:;t'"'e:'----'-'--9-'-'/
                                     H.
                                                                               :;te:   ti:-Q~~
                                                                        }'-\Name: Gail A.
                                                                                          0
                                                                                           :     o
                                                                                               Kundi~
Title: Secretary                                                             Title: Clerk
Date:   9/19/05                                                              Date:     9-,;; ,y- os=-




0:\POLJCE\K.IeibeckenMuskegon PS Resource Officer Atveement.IXX:
                          City Commission Meeting
                            Tuesday, September 27, 2005


To:          Honorable Mayor and City Commissioners

From:        Anthony L. Kleibecker, Public Safety Director

Date:        September 21, 2005

Subject:     Towing Service and Storage of Impounded Vehicles


Summary of Request:

Bids were solicited and have been accepted for the towing services and storage of
impounded vehicles for the City of Muskegon's Police and Public Works Departments.
This bid covers a three-year contract beginning September 1, 2005- August 31, 2008.

Two companies submitted bids. They were (1) Central Towing, 710 Pulaski and (2)
Reliable Towing, Inc, 1288 9th St. A copy of the bid solicitation is attached along with
the bids received from each company.

Financial Impact:

None.


Budget Action Required:

None.


Staff Recommendations:

Based upon the bid proposals, we recommend that Central Towing be awarded this
contract.
        SEEKING BIDS FOR TOWING, IMPOUND AND STORAGE FACILITY

Sealed bids will be received at the Office of the City Clerk, Post Office Box 536, Muskegon MI
49443-0536 until 2:00pm on Tuesday, September 6, 2005 for the furnishing of a company to do
the towing, impounding and providing storage of same for the City of Muskegon Police and
Public Works Departments, according to specifications available at the Office of the City Clerk.

The City of Muskegon reserves the right to accept or reject any of all bids that appear to be in the
best interest of the City of Muskegon.

Bids shall be marked "Towing Service" and shall be submitted on the proposal form provided in
the bid specifications. Bids not submitted on the proposal forms will not be considered.
Postmarks will not be considered having met the deadline requirement.
                              BID PROPOSAL
           TOWING SERVICE AND STORAGE OF AN IMPOUNDED VEIDCLE
           WITHIN THE CORPORATE LIMITS OF THE CITY OF MUSKEGON


                September I, 2005 thru     September I, 2006 thru                  September I, 2007 thru
                       Augsut 31, 2006            Augsut 31, 2007                         Augsut 31, 2008
Towing to
impound facility
                      .!15'{)00                      JJ 5() oo                                .ft   so-oo
                September I, 2005 thru     September 1, 2006 thru                 September I, 2007 thru
                       Augsut 31, 2006            Augsut 31, 2007                        Augsut 31,2008
Storage per day
at facility
                          JJ
                                 10 .oo              :Ii     !0 oo                            .1110 .oo

                September I, 2005 thru     September 1, 2006 thru                 September 1, 2007 thru
                       August 31, 2006            August 31, 2007                        August 31,2008
Moped storage
                         11     (ou                    f-l   j- [l L)                         fo .
                                                                                                     I .00
per day



                September 1, 2005 thru     September 1, 2006 thru                 September I, 2007 thru
                       August 31, 2006            August 31,2007                         August 31, 2008
Towing of city
vehicles to Muskegon
locales (i.e. DPW,                                                                          ~\c. 00
MPD, dealerships)



                September 1, 2005 thru     September I, 2006 thru                 September 1, 2007 thru
                       August 31, 2006            August 31, 2007                        August 31, 2008
Same as above for
city vehicles 15 to 50
                          i\.
                                d ~-/) 0              ~~     .;J so·2l                     ~        '_) c
                                                                                               C;;} ::._").
                                                                                                              oo
tons


                September I, 2005 thru     September I, 2006 thru                 September 1, 2007 thru
                       August 31, 2006            August 31, 2007                        August 31, 2008
City vehicle flat
tire change/exchange
(DPW heavy equip-     \\, c-       ou
ment exempt)         __0=-·----



Dated:                                     Bidder:

                                           Representing:        --=:::C--e~11.:..:.-ht_(:l~/_:..:O:...!.W~12jl.l4----
                      Centra[ Towing
                               :/()Pulaski ,Ire.
                            Mmkegon Ali -!9-!-!1
                            Pho11e (231) 7 15-3708
                             Fox (23!} !193-li0-!3




August 30, 2005


City of Muskegon
Post Office Box 536
Muskegon, Mi 49443-0536

Dear City ofMuskegon Commissioners,

 As the owner of Central Towing !would like to highlight some of the things
 our towing company has to offir the city above and beyond what is required
 in regards to the open bidfor the towing contract. We have recently
purchased a new 400x60 facility. This provides us with ample indoor
 storage in a heated garage that is well/it. The property is 5 acres which
 leaves room for expansion should the need arise with the new abandoned
 vehicle laws. We also have enough parking space on our property to hold
 auction vehicles so they can remain on our property as opposed to being put
 out on a city street after the sale. The storage yard is surrounded by a solid
fence so it is not an eyesore to ac(joining properties or motorist passing by.
 The storage yard is also well/it and is monitored by a 10 camera security
system to control theft and vandalism of any vehicles in our possession.

The drivers at Central Towing have been with the company for many years
and are familiar with the city requirements and duties for the impounding
and recovery of vehicles. These drivers are also knowledgeable and licensed
to operate our Heavy Duty semi wrecker which is the largest heavy duty
underlifl in the county ofMuskegon. We also have a loader and dump
trucks that are available to us if needed for recovery work.




Sincerely&t:,

Q                   1~~
EdHiggi ,
                      Centra[ ToTving
                               7 I{)   Pllln~)ri   ,h,r>
                            Muskcf!0/1, Mi -/94-1 I
                            Phone (23Ii 755-3708
                             Fax (23]) 893-60-/3




September 26, 2005


City of Muskegon
Post Office Box 536
Muskegon, Mi 49443-0536

Dear City ofMuskegon Commissioners,

As the owner of Central Towing I would like to highlight some of the things
 our towing company has to offer the city above and beyond what is required
 in regards to the open bid for the towing contract. We have recently
purchased a new 400x60 facility. This provides us with ample indoor
storage in a heated garage that is well/it. The property is 5 acres which
 leaves room for expansion should the need arise with the new abandoned
 vehicle laws. We also have enough parking space on our property to hold
 auction vehicles so they can remain on our property as opposed to being put
 out on a city street after the sale. The storage yard is surrounded by a solid
fence so it is not an eyesore to adjoining properties or motorist passing by.
 The storage yard is also well/it and is monitored by a I 0 camera security
system to control theft and vandalism of any vehicles in our possession.

The drivers at Central Towing have been with the company for many years
and are familiar with the city requirements and duties for the impounding
and recovery of vehicles. These drivers are also knowledgeable and licensed
to operate our Heavy Duty semi wrecker which is the largest heavy duty
underlift in the county of Muskegon. We also have a loader and dump
trucks that are available to us if needed for recovery work.



Sincerely,


Ed Higgins, Owner
                               BID PROPOSAL
            TOWING SERVICE AND STORAGE OF AN IMPOUNDED VEHICLE
            WITHIN THE CORPORATE LIMITS OF THE CITY OF MUSKEGON


                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       Augsut 31, 2008              Augsut 31, 2008          Augsut 31, 2008
Towing to
impound facility         $;SO,-                          iDs.::;                 £LeO


                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       Augsut 31, 2008              Augsut 31, 2008          Augsut 31, 2008
Storage per day
at facility                                            ~ 1'3, ~                 f/1,-,   s

                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       August 31, 2008              August 31, 2008          August 31, 2008
Moped storage            1£,·                           ~ 5.-
per day                          5.-                                             $       5.·-

                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       August 31, 2008              August 31, 2008          August 31,2008
Towing of city
vehicles to Muskegon
locales (i.e. DPW,       fj
MPD, dealerships)               I Lj   . -



                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       August 31, 2008              August 31, 2008          August 31, 2008
Same as above for
city vehicles 15 to 50        rQ;so.-                     .t;50 .               4so.-
tons


                September I, 2005 thru       September I, 2005 thru   September I, 2005 thru
                       August 31, 2008              August 31, 2008          August 31,2008
City vehicle flat
tire change/exchange
(DPW heavy equip-
ment exempt)                       0·-                                            -0-



Dated:                                       Bidder:
REliABLE TOWING,                              INC~
                  1288 Ninth Street • Muskegon, Michigan 49440 • Phone 231.722.1309 • Fax 231.725.82 73




    September 6, 2005


    City of Muskegon Police Department
    Muskegon City Commission
    980 Jefferson Street
    Muskegon MI 49440

    Attn: Chief of Police Anthony Kleibecker & Staff

    We'd like to thank you for once again allowing us the opportunity to participate in
    the bidding process for the towing contract for the City of Muskegon and update
    our business information.

    Reliable Towing has been in business for 53 years and under .the owner:ship of
    Thomas Olsen for the past 23 years. Our truck fleet now consists of seven regular
    wreckers; one flatbed; and two heavy-duty wreckers (one of which has an under-
    reach) which are capable of towing tractor trailers, garbage packers, etc.

    Along with the attached bid sheet, we would like to offer the following proposal:
    To help the City offset expenses incurred at our auctions; we are proposing to
    reimburse the City 5% of the total revenue we receive from all impounded auction
    vehicles, minus any overages. This will amount to approximate.ly $3,500 to $4,000
    each year.

    Thank you again.for your consideration,

    Sincer~                      /');J
    ·-/-;ftrHa:nJ 74(·(~_/'l'/c-.
    Thomas M. Olsen, Owner
    Reliable Towing, Inc.


    kso
    Attachments
;:,..?o-ds o~b:d~ '&2~ 0~
~J"- ~      f-Ld< ..'(-e_v-    :'   LAd-e_ v~;o o~£-s
 'J- /- dOOS"~'-'­            ?f - I ·- ~oa & t-Avw.   q - I--   .;2 oo '?   tKv..
 s·-31- .;;oc(..              g- 3' I - ;loo 7          j> - ] (- ~O<>P
      l$j;;2S";-                      $;,;;;.s:-                 L/ .;;LS:: -
 DATE:               September 20, 2005

TO:                  Honorable Mayor and Commissioners

FROM:                Mark Kincaid, Deputy Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-030012


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
1516 Hoyt 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-030012- 1516 Hoyt Street

Location and ownership: This structure is located on Hoyt between E. Southern
and E. Grand and is owned by Flagstar Bank, 5151 Corporate Dr., Troy, Ml
48084.

Staff Correspondence: A dangerous building inspection was conducted on
05/16/05. The Notice and Order to Repair was issued on 06/01/05. On 07/13/05
the HBA declared the structure substandard and dangerous. There was a report
of fire on 07/27/05.

Owner Contact: There has been no owner contact.


Financial Impact:              CDBG Funds

Budget action required:                  None

State Equalized value:                   $27,000

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, September 27, 2005.




C:\Documents and Settings\Potter\Local SettingsU:emporary Internet Files'OLKIA\AGENDA ~ 1516 Hoyt. doc   page 1 of 1
Thursday, August 11, 2005


                          DANGEROUS BUILDING
                      INTERIOR INSPECTION REPORT
Enforcement# EN030012                1516HOYT ST                      24-205-281-0001-00

                            Owner INGALLS TONYA

Inspection Type:   Dang Building                        Inspector: Henry Faltinowski

Date completed: 05/16/2005

DEFECENCIES:

 Uncorrected
1. Finish siding on home.
2. Open - missing windows.
3. Repair all foundation wall and damage.
4. Exterior porches must be repaired to code - unstable structually failing. Provide proper
guardrails, handrails, and stairs to code.
5. Scrape and paint all exposed loose chipping paint on siding.




Request interior inspection by all trades, electrical, mechanical and plumbing. Please
contact Inspection Services with any questions or to schedule an inspection at (231) 724
6758.

Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
    OSCOOOlO.JPG   OSCOOOll.Jf'G




\




    DSC00032.JPG   OSCOOOll.JPG    .
                        DSCOOO.l,.JPG
OSCOOOJ8.JPG




               ;:::/0
OSC00040.JPG            OSCOOo.ti.JPG
                                   AGREEMENT

THIS AGREEMENT, made this January 31, 2006 by and between:
 Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                         ); (an individual trading as _ __
:-:--:----:-:-:-:-:---); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1516 Hoyt as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $4050.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:                            CONTRACTOR:

                                   By: -----LA
                                             --~.--~
                                                   <. Ld::! . .()-----'
                                                               t. . !. ~
                                                                       ~ f2~tj~=:::---'-'-(-----IJ"f1"""1.-<.M"-=---­
                                             Printed name and title

ATTEST:

~&a
L cl
        .~
     /o tft>/
            q




                                             ~ aL~
  I   '/J




                                                 d
                                              City Clerk

(SEAL)

CERTIFICATION (IF APPLICABLE)

                                   , certify that I am the ---=
                                                             ~ ~E.-
                                                                 =--------

of the Corporation named as contractor herein;

                                   , who signed this Agreement on behalf of the

Contractor, was then--rf2~'A
                          a_.o;:;.({;:J
                                   L.___ _ _ _ _ _ of said Corporation:


That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.

                                   Signed :

                                            .. 1=--=cs~w-­
(CORPORATE SEAL)
                                              ~e~~~e ~~ctfftle ~
DATE:               September 20, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Mark Kincaid, Deputy Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-050098


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
350 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-050098- 350 Allen

Location and ownership: This structure is located on Allen between Wood St and
Emerald and is owned by Steven/Amy Kelly.

Staff Correspondence: A dangerous building inspection was conducted on
03/28/05. The Notice and Order to Repair was issued on 04/19/05. On 07/13/05
the HBA declared the structure substandard and dangerous.

Owner Contact: There has been no owner contact. Notices have been returned
unclaimed from post office. An electrical permit was issued 02/04/03 and expired
08/03/03 to replace wiring. No inspections have been scheduled.


Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $25,000

Estimated cost to repair:               $20,000

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, September 27, 2005.




C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA 350 Allen.doc
                                                                                     M                page I of I
                             CITY OF MUSKEGON
                       DANGEROUS BUILDING INSPECTION ·
                                  REPORT
                                   Tuesday, September 20, 2005

Enforcement# EN050098          Property Address 350 ALLEN AVE
Parcel #24-205-211-0008-00     Owner KELLY STEVEN R/AMY S

Inspector: Henry Faltinowski

Date completed: 03/28/2005

DEFICENCIES:

 Uncorrected
1. All permits have expired on home.
2. Numerous broken out windows, home boarded.
3. Project has been abandoned.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.


Henry Faltinowski, Building Inspector                      Date
                                   AGREEMENT

THIS AGREEMENT, made this January 31, 2006 by and between:
 Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                     ); (an individual trading as _ __
________ ); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 350 Allen as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $3750.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:                            CONTRACTOR:

                                   BY:   /J/4t7   ,~ ~f           JW-0
                                          Printed name and titlE!

ATTEST:




(SEAL)

CERTIFICATION (IF APPLICABLE)

                                   , certify that I am the -=S.t
                                                             : =: : . :. c>"
                                                                           - '---------

of the Corporation named as contractor herein ;

                                   , who signed this Agreement on behalf of the

Contractor, was then--=P~~bi'tn
                             .....___ _ _ _ _ _ _ of said Corporation:


That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.

                                   Signed:

                                          d~ C}!1fv
(CORPORATE SEAL)                          '//:) &{M, I 5:r~ f        Sec_
                                          Printed Nafne an ~·itle
DATE:               September 20, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Mark Kincaid, Deputy Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040053 Address:
                    291 Washington. Case Tabled 03/22/05


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
291 Washington -Area 1Ob 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-040053 - 291 Washington

Location and ownership: This structure is located on Washington between Sixth
St. and Seventh St. and is owned by WillieNerlene Holden, 580 E. Delano,
Muskegon, Ml49444

Staff Correspondence: A dangerous building inspection was conducted on
05/06/04 and an interior inspection on 08/02/04 the notice and order to repair
was issued on 05/07/04. On 08/05/04 the HBA declared the structure
substandard and dangerous. On 03/22/04 City Commission tabled case.

Owner Contact: Mr. Holden was present to represent this case. He stated he
lives at 291 Washington and can start repairs in 30 days. He was given a copy
of the interior inspection that was conducted earlier in the week at the HBA
meeting. Case scheduled before commission on 03/22/04. Mr. Holden appeared
before Commission stating he had been ill but had plans to complete repairs.
Commission tabled. There have been no permits issued or inspections
scheduled and no owner contact since that time.

Financiallmpact:              CDBG

Budget action required:                 None

State Equalized value:                  $13,300

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, September 27, 2005.
C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA -291 Washington(2).doc page I of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       291 Washington

                                  (INTERIOR INSPECTION)
                                          8/2/04



Inspection noted:

1.      Service- romex not run through fittings.
2.      Circuits not fused.
3.      Bonding jumper is missing.
4.      Metal covers not grounded.
5.      Kitchen to be wired per Michigan Residential Code 2003.
6.      Smoke detectors required per Michigan Residential Code 2003.
7.      Closet light improperly wired (needs new fixtures).
8.      Repair front concrete steps.
9.      Side deck needs repair/replacement.
10.     Interior soffit (already installed) requires permit.
11.     Sister cut floor joist in basement.
12.     Replace all structural damage on roof and back wall section to meet
        Michigan Residential Code 2003.


ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.

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\OLKIA\291 Washington.doc
                ......................




OSCC0813.JPG                             OSCOOI14.JPG




OSC00815.JI"G                            OSC00816.JPG
               2!1 We&hington




OSC00812.JPG
DATE:               September 20, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Mark Kincaid, Deputy Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-050100


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
769 Washington -Area 12 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-0501 00- 769 Washington

Location and ownership: This structure is located on Washington between Henry
and Beidler Streets and owned by Francisco Galindo, 1873 Whitehall Rd,
Muskegon, Ml 49445 on land contract with a Victor J. Rockafellow of 1450
Leahy, Muskegon, Ml49442.

Staff Correspondence: A dangerous building inspection was conducted on
04/22/04. The Notice and Order to Repair was issued on 05/04/04. An interior
inspection conducted on 05/28/04. On 05/05/05 the HBA tabled case for 30 days
to allow owner to provide a time-line for repairs and schedule inspections. Case
brought back to HBA 06/02/05 and was declared dangerous, substandard and a
public nuisance with a 30 day delay before sending to commission.

Owner Contact: Victor Rockafellow was present for the HBA 05/05/05 meeting.
He stated he had put in a new foundation and purchased new windows and was
unaware that permits had expired. He said his plan was to install vinyl siding this
summer but all repairs would take about a year because of limited time and
resources. Henry Faltinowski stated only one inspection had been done and
there had been no contact with owner since that time and added a timeline
should have been set to complete repairs. Case came back before HBA 06/02/05
and Mr. Rockafellow was present. Henry Faltinowski stated all three trade
inspectors went out 05/12/05 and an report was sent out of all repairs needed.
He stated Mr. Rockafellow needs to provide a time line if he wants to invest the
money because repairs are extensive. Nick Kroes asked based on the inspection
report how long would it take to resolve these issues. Mr. Rockafellow stated it
would take about 1 year, he could get the exterior done this summer and he's
trying to line up a plummer. There has been no contact from Mr. Rockafellow
since that time and the structure was sold on land contract 06/20/05 to a
Francisco Galindo who was sent all notices and inspections 08/17/05. Mr.
Galindo made note of the dangerous building status at a progress inspection for
another dangerous building he owns at 775 Washington but has not provided a
timeline for repairs and no permits have been issued.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA -769 Washington.doc   page 1 of2
Financial Impact:             General Fund

Budget action required:                  None

State Equalized value:                   $34,800

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, September 27, 2005.




C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA -769 Washington.doc   page 2 of 2
                            CITY OF MUSKEGON
                      DANGEROUS BUILDING INSPECTION
                                 REPORT
                                 Tuesday, September 20, 2005

Enforcement# EN0501 00         Property Address 769 WASHINGTON AVE
Parcel #24-205-412-0004-00              Owner ROCKAFELLOW VICTOR J

Inspector: Henry Faltinowski

Date completed: 05/12/2005

DEFICENCIES:

 Uncorrected
1. Steel boxes to bonded properly.
2. White ungrounded conductors to be re-identified.
3. Smoke alarm box in rear entry to be located properly.
4. Outlet boxes to be within 1/4" of non-combustible surface.
5. Dishwasher not to be on small appliance branch circuit.
6. Need plug by middle bedroom door
7. Check kitchen/dining room plug layout.
8. Need laundry outlet.
9. Fire stop verticle holes.
10. Rough in is about 75% done.
11. Furnace gas line should have drop leg.
12. Bathroom intact - no vent fan.
13. Clean ductwork and support.
14. Hot water heater needs to be replaced with a tankless hot water heater.
15. Hose clamp on gas line going to gas meter will need access opening
for
shower valve.
16. Plumb to Mich 2003 Plumb Code.
17. Replace furnace vent.
18. Outside faucet to have a vacuum breaker.


 Uncorrected
1. All framing headers on bearing must meet MRC 2003 requirement - See
attached sheet.
2. Bowed out walls must be repaired.
3. Foundation wall and plate must be attached -1/2" anchor bolts 1 -foot
of corners every 6ft on center or approved sill straps.
4. All framing of walls, joists, rafters must meet code 2003 MRC
5. Windows must meet section R613.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.


Henry Faltinowski, Building Inspector                      Date
                                    CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                        765 Washington

                                              4122104


Inspection noted:

1.      Foundation wall repair needed around entire perimeter.

2.      Replace, scrape- paint all damaged siding - entire perimeter.

3.      Scrape & paint - repair all window frames.

4.      Replace damaged back porch.

5.      Replace broken glass.

6.      Structural damage to roof- provide rafter investigation.

7.      Remove collapsing shed.

8.      All handrails, guardrails must meet Michigan Residential Code 2003.

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

10.     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.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\765-769
Washington.doc
  \ \
)) ~ l
                                      STATE OF MICHIGAN
                            DEPARTMENT OF LABOR & ECONOMIC GROWTH                         RECEIVED
                                    LIQUOR CONTROL COMMISSION
                                                   7150 Harris Drive
                                                    P.O. Box 30005
                                                                                             SEP 0 1 2005
                                                Lansing, MI 48909-7505
                                                                                               MUSKEGON
                                                                                         CITY MANAGER'S OFFICE
                                 LOCAL APPROVAL NOTICE
                                  (Authorized by MCL 436.1501{2) and MAC 1105(2)(d))




                                                                                       Req ID: 316345

Date: August 16, 2005

To:         MUSKEGON CITY COMMISSION
            933 TERRACE STREET
            PO BOX 536
            MUSKEGON, MI 49443-0536


Applicant: IORDACHE HOLDINGS, INC.

Home Address And Phone No:
CATALIN V. IORDACHE, 426 EAST CIRCLE DRIVE, NORTH MUSKEGON, Ml49445
H(231 )744-9217/8(231 )638-2654
DANIELA. IORDACHE, 426 EAST CIRCLE DRIVE, NORTH MUSKEGON, Ml 49445 H&B(231 )744-9217


Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.

For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.

If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.



                    PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
                   TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS


sfs
LC-1305 REV 9/!7
4880-1234
September 27, 2005



Iordache Holdings, Inc.
426 East Circle Drive
North Muskegon, MI 49445

Dear Catalin and Daniela Iordache:

This letter is to inform you that your request to transfer ownership of the 2005
Class C licensed business, with Dance-Entertainment Permit from Ashley-
Chandler, Ltd., and PKT Twelve, Inc. located at 413-415 W. Western Avenue,
will be presented to the City Commission on September 27, 2005. This meeting
begins at 5:30 p.m. and is located in the City Commission Chambers, 933
Terrace, Muskegon, MI.

This request has also been sent to the Nelson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
business' who are located there.

Sincerely,



Linda Potter
Deputy Clerk
Affirmatln Ac!lon
(231)724~6703
FAX: (231}721.-1214

Assessor/Equalization
(231)724-6708
FAX: (231)726--5181

Cemetery Department
(231)724~6783
FAX: (231)726--5617

City Manager
(231)724~6724
FAX: (231)722-1214

CtvU Service
{231)724~6716
FAX: {231)7244405       September 23, 2005
Clerk
(131)724-6705
FAX: (231)7244178

Community and           Commissioner Spataro, President
  Neigh. Services
(231)724-6717           Nelson Neighborhood Assoc.
FAX: (231)72&.2501
                        1567 Sixth Street
Computer Info.          11uskegon,11I 49441
  Systems
(231)724-6744
FAX: (231)722-4301      Dear Larry:
Engineering Dept.
(231)724~6707           We have received a letter from the Liquor Control Commission reference a
FAX: (231)727-6904
                        request from Iordache Holdings, Inc., to transfer ownership of the 2005 Class C
Finance Dept.
(231)724-6713
                        licensed business with Dance Entertainment Permit from Ashley-Chandler, Ltd.,
FAX: (231)724~6768      and PKT Twelve, Inc. located at 413-415 W. Western Avenue (City Cafe). A
Fire Department
                        Class C license permits the sale of beer, wine, or liquor for consumption on the
(231 )724~6792          licensed premises. On Tuesday, September 27, 2005, the City Commission will
FAX: (231)724-6985
                        review this request and determine whether or not it should be recommended for
Income Tax              approval.
(231)724-6770
FAX: (231)724-6768
                        You are being sent this notice because the City Commission would like to know
Inspection Services
(231)724~6715           how the Neighborhood Association feels and would appreciate any comments that
FAX: (231)728-4371
                        they may have. You may send these comments to 933 Terrace, 11uskegon, 11I
Leisure Services        49440 or attend the City Commission 11eeting on September 27, 2005, at 5:30
(231 )724-6704
FAX: (231)724~1196      p.m. in the Commission Chambers.
Mayor's Office
(231)724-6701           If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)722~1214

Planning/Zoning         Sincerely,
(231 )724~6702
FAX: (231)724-6790

Pollee Deptartment
(231)724~6750
FAX:    (231)722~5140   Linda Potter
Publlc Works Dept.      Deputy Clerk
(231}724-41 00
FAX: (231)722-4188

Treasurer's Office
(231 }724-6720
FAX: (231)724-6768

Water Billing Dept.
(231)724-6718
FAX: (231)724-6768

Water Filtration
(231)724-4106
FAX: (231)755-5290
                          City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                                     www .shorelinecity .com
 Affirmative Action
 (231)724-6703
 FAX: (231)722Ml214

 Ass essor/Equalizatlon
 (231)724-6708
 FAX: (231)726M5l81

 Cemetery Department
 (231)724M6783
 FAX: (231)726-5617

 City Manager
 (231)724~6724
                                                     West Michigan's Shordin(' City
 FAX: (231}722-1214

Civil Service
(23 1)724M6716
FAX: (231)724-4405

Clerk
(231)724-6705
FAX: (231)724-4178        October 12, 2005
Co~munlty    and
  Neigh. Services
(231 )724M67 J 7
FAX: (231)726-2501

Computer Info.
                          Liquor Control Commission
  Systems                 7150 Harris
(23 1 )724-6744
FAX: (231)722-4301        POBox 30005
                          Lansing, MI 48909-7505
Engineering Dept.
(231}724-6707
FAX: (231)727-6904        REF: #316345
Finance Dept.                  Iordache Holdings, Inc.
(231)724-6713
FAX: {231)724-6768
                               413-415 W. Western
                               Muskegon,MI 49440
F1re Department
(23 1 )724-6792
FAX: (l31)724M6985        To Whom It May Concern:
Income Tax
(23 1 )724-6770
FAX: {231)724-6768
                          Enclosed is the Resolution, form LC-1800, Local Law Enforcement Agency
                          Report, and print cards and check for Iordache Holdings, Inc. This was
Inspection Services
(231)724-6715
                          recommended for approval at the September 27, 2005, City Commission Meeting.
FAX: (231)728-4371

Leisure Services          Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6704
FAX: (231)724-1196
                          Sincerely,
Mayor's Office
(23 I )724-6701
FAX: (231)722-1214

Planning/Zoning
(231 )724-6702            Linda Potter
FAX: (231)724-6790
                          Deputy Clerk
Police Deptartment
(231)724~6750
FAX: (231)722-5140        enc.
Public Works Dept.
(231 )724-41 00
FAX: (231)722-4188

Treasurer's Office
(231)724-6720
FAX: (231)724-6768

Water Billing Dept.
(231)724-6718
FAX: (231)724-6768

Water Filtration
(231)724-4106
FAX: (231)755-5290
                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                       www.shorelinecity.com
Date:      September 27, 2005
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           Linne Lodge #57
           3132 Lakeshore Drive




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Linne Lodge #57, Independent
Order of Vikings to add New Outdoor Service (1 area) to be held in
conjunction with their 2005 Club licensed business with Dance Permit.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:           All departments are recommending
approval.
                                                                        R
                                                                            SEP - 6 2005
                                                                      MIJSKEGOI~ POUCt DEPT
                                                                           CHIEF of POLICE
To:    Tony Kleibecker, Director of Public Safety

From: Det. Kurt Dykman

Date: 9-6-05

Re:    Liquor License Request



Chief Kleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Linne Lodge #57, Independent
Order of Vikings, Inc. of3132 Lakeshore Dr., Muskegon, MI. 49441.


Linne Lodge #57 is requesting to requesting to add New Outdoor Service (1 area), in
conjunction with 2005 Club licensed business, with Dance Permit located at the above
address. The Michigan Liquor Control Commission Licensing Division does not need a
local commission resolution for this request and requires only the attached LC-1636 to be
signed and returned.

A check ofMPD records shows no reason to deny this request.

Respectfully submitted,




Det. Kurt Dykman


data/common/liquor/Vikings#57
                                       INCIDENT LIST :

Agcy Case #                 Offense             Rpt Date        Location

MUPD   1 996 - 015029 - A   PRIV . PROP. HIT    06/24/1996      3132     LAKESHORE    DR
MUPD   1996 - 015503 - I    GENERAL NON - CRI   06/28/1996      3132     LAKESHORE
MUPD   1997 - 026319-I      GENERAL ASSISTA     10/14 /1997     3132     LAKESHORE    BLVD
MUPD   1998 - 012928-I      SERVICE CALL        05/30/1998      3 132    LAKESHORE
MUPD   1998 - 03341 4 - I   BURGLARY-FORCED     12/28/1998      3132     LAKE SHORE
MUPD   1999 - 034936-I      RECKLESS DRIVI N    12/23/1999      3132     LAKESHORE
MUPD   2000-00 4201-A       TRAFF IC ACCIDEN    02/18/2000      3132     LAKESHORE    DR/EDGEWATER
MUPD   2000-007577-I        STOPPING/STANDI     03/24/2000      3132     LAKESHORE
MUPD   2001 - 004003-I      LARCENY - THEFT     02/24/2001      3132     LAKESHORE
MUPD   200 1 - 004198-I     MINOR HIT & RUN     02/27/2001      3132     LAKESHORE    DR
MUPD   2001 - 005757 - I    SUSPICIOUS SITU     03/20/2001      3132     LAKESHORE
MUPD   2001 - 015744 - I    SUSPICIOUS SITU     06/29/200 1     3 1 32   LAKESHORE    DR
MUPD   2001 - 017389 - I    LARCENY - OTHER     07/13/200 1     3132     LAKESHORE    DR
MUPD   2001-018 1 08-I      LARCENY - OTHER     07/20/200 1     3 132    LAKESHORE    DR
MUPD   2002 - 00 11 08-I    DAMAGE TO PROPE     01/16/2002      3132     LAKESHORE    DR
MUPD   2002-020 1 24-I      SUSPICIOUS SITU     08/24/20...Q2   3 132    LAKESHORE    DR · L ,uJ P41v'r)
MUPD   2002 - 027669-I      DAMAGE TO PROPE     11/17/2002      3132     LAKESHORE    DR
MUPD   2002-030878 - I      LARCENY - THEFT     12/31/2002      3132     LAKESHORE    DR
MUPD   2002 - 030879 -I     LARCENY - THEFT     12/31/2002      3132     LAKESHORE    DR
MUPD   2002 - 030877 - I    LARCENY - THEFT     12/31/2002      3132     LAKESHORE    DR
MUPD   2003 - 001553- I     LARCENY - THEFT     01/ 22/2003     3 1 32   LAKESHORE    DR
MUPD   2003 - 006280 -A     TRAFFIC ACCIDEN     03/27/2003      3132     LAKESHORE    DR / EDGEWATER
MUPD   2004 - 028858- I     UNAUTHORIZ ED DU    1 2/15/2004     3 132    LAKESHORE    DR
MUPD   2005-0193 14 -I      DAMAGE TO PROPE     08/25/2005      3132     LAKESHORE    DR
                                                    STATE OF MICHIGAN
                                        DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                               LIQUOR CONTROL COMMISSION

                                                                     RESOLUTION
                                                                          2005-BB(c)
Ata     Regular                                                           meeting of the --~C-=i-=t:..cy:--:-c,_o.,....m_m.,...l""'.s_s-:-ci,.o_n-::---:::------
                 (Regular or Sprcial)                                                                         t-reeomOiended) - - - - - - - - - - - - -- - - - - -- -- - -- -

S igned : )C..    G=:     L   ~ t ~.D _Q .. -~
                                                     Signature and Title

Date:            9 -   C. - 0 ~

rim


LC-1636 Rev. 10/99
4880-1934
              LIQUOR LICE?'ifSE REVIE\V FORl"\1


AKA Business Name (if applicable):             LJsaeaJt'af     Oclf'r    4 /'   i:t/7-.J
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -

Business Address:                          .JJJ:Z


Reason for Review:
New License D                   Transfer of Ownership     D          Dance Permit      D
Drop/Add Name on License            D                          Transfer Location D

Drop/Add Stockholder Name D                          New Entertainment Permit D

Other       +.;;;,;; r     /o      qJJ     !11; W Oii.tr:&Q/   .sc/'1/t c C.

Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety                Approved      D     Denied   D    No Action Needed D

Income Tax                   ApprovedR           Owing D       Amount:

Treasurer                    Approved      D     Owing    D    Amount:

Zoning                       Approved      D     Denied D      Pending ZBA        0
Clerk's                      Approved      D     Owing    D    Amount:

Fire/Inspections            Approved       D     Denied D      Remaining Defects D




Department     Signature_~-----'----------------­
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
                       LIQUOR LICEi~ SE REVIE\V FOR1'1

Business Name:                                  L/oa c.                 !ocf:,-v              # SZ
                                                                                                                        7
AKA Business Name (if a p plica bI e): . . L=..c....o
                                           . ...../....,mUJ...<.-> <1 -r .M ~ J            c.- o.--u:-.5 Ife '1 v-r··-e .1~ e ,., 7J

        Clerk's                                                Approved                 D                Owing            D               Amount:

        Fire/Inspections                                       Approved D                                Denied            D            Remaining Defects                             D

   RF. 0 r-l\/l :o
    s p ( 2005
  c.I I Y 'r,I.J,.t,Ll)
                                                                                O•HollooN ..




                                                                                ~·1 ~ SloQl•·F•ml~   R uldont~l
                                                                                Ul ~   ~okolrool "'""'tloo
                                                                                OSR    ~   Opon Sp•oo Ro"ulloo




0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\3800 Bluff & 1260                   6
Browne.doc
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\3800 Bluff & 1260   7
Browne.doc
RECOMMENDATION

Staff recommends approval of the request to rezone the subject properties from R-1 to OSR,
because the request conforms to the goals and recommendations of the 1997 Master Plan.

DELIBERATION
Criteria-based questions typically asked during a rezoning include:

1.     What, if any, identifiable conditions related to the petition have changed which justify
       the petitioned change in zoning.

2.     What are the precedents and the possible effects of precedent that might result from the
       approval or denial of the petition?

3.     What is the impact of the amendment on the ability of the city to provide adequate
       public services and facilities and/or programs that might reasonably be required in the
       future if the petition is approved?

4.     Does the petitioned zoning change adversely affect the environmental conditions or value
       of the surrounding property?

5.     Does the petitioned zoning change generally comply with the adopted Future Land
       Use Plan of the City?

6.     Are there any significant negative environmental impacts which would reasonably
       occur if the petitioned zoning change and resulting allowed structures were built such as:

        a.    Surface water drainage problems
        b.    Waste water disposal problems
        c.    Adverse effect on surface or subsurface water quality
        d.    The loss of valuable natural resources such as forest, wetland, historic sites,
              or wildlife areas.

7.     Is the proposed zoning change a "Spot Zone"?

       a.    Is the parcel small in size relative to its surroundings?
       b.    Would the zoning change allow uses that are inconsistent with those allowed in
             the vicinity?
       c.    Would the zoning change confer a benefit to the property owner that is not
             generally available to other properties in the area?
       d.    A spot zone is appropriate if it complies with the Master Plan.




              0:\Planning\COMMON\Zoning\City Con~nission Itcms\rezone\Approve\2005 Approvals\3800 Bluff & 1260   8
              Browne.doc
DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the properties located at 3800 Bluff and 1260 Browne Streets
from R -1, One Family Residential district to OSR, Open Space Recreation district, as described
in the public notice, be recommended for (approval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use Plan and zoning district intent.




              0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\3800 Bluff & 1260   9
              Browne. doc
                              CITY OF MUSKEGON
                              NOTICE OF ADOPTION

Please take notice that on September 27, 2005, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from R-1 "Single Family Residential" to OSR, "Open
Space Recreation":

     CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 1 & 2 BLK 748 &
     LAKE ST VAC ADJ TO LOT lALSO W 1/2 BROWNEST VAC N FROM S
     LINE LOT 6 BLK 745 EXTENDED
                                 And

     CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 4-5 & 6 BLK 745 &
     LAKE ST VACATED ADJ TO SAID LOTS ALSO E 1/2 BROWNEST VAC N
     FROM S LINE OF LOT 6 BLK 745


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    Oc io be/' J          , 2005         CITY OF MUSKEGON

                                            By __________________________
                                                  Gail A. Kundinger, MMC
                                                  City Clerk
                    Commission Meeting Date: March 252 2005




Date:          September 19, 2005
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development~
RE:            Zoning Ordinance Amendment to Article II (Definitions) of the
               Zoning Ordinance




SUMMARY OF REQUEST:

Request to amend Article II (Definitions) to amend the definitions for "Hotel" and "Motel".


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to amend the definitions for "Hotel" and
"Motel".

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the amendment at their 9/15 meeting. The
vote was unanimous in favor of the amendment, with B. Smith absent.




9/19/2005
                                        CITY OF MUSKEGON

                                 MUSKEGON COUNTY, MICHIGAN

                                       ORDINANCE N0.~3

An ordinance to amend Article II (Definitions) of the Zoning Ordinance to amend the
definitions for "Hotel" and "Motel".

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Article II (Definitions) is hereby amended for the following definitions for "Hotel" and "Motel":

Deletions are erossea s11t and additions are bold.

Hotel: A building or part of a building, with a common entrance or entrances, in which lodging
is provided and offered to the public for compensation and which is open to transient guests
(as distinguished from a boarding house or lodging house, apartment hotel, fraternity or
sorority house) in Vihieh reeming units ai'C used primarily fer IJ'tmsient eeeupaney, and in which
one or more of the following services are offered:

        1. Maid service.

        2. Furnishing oflinen.

        3. Telephone, secretarial, or desk service.

        4. Room service.

A hate! may inelt~de A restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting
rooms may be located in the same building as a hotel.

Motel: A building or group of buildings, whether detached or in connecting units, llsea as inaiviooal
sle6jling 8f dwelling llllits eesignea primarily far tnmsient al!!srnsaile travelers ana provieing far
aeeesssry sff street parking fueilities. which shall provide for overnight or resort lodging and are
offered to the public for compensation, and shall cater primarily to the public traveling by
motor vehicle. The tenn motel shall include buildings designated as hotels, auto courts, tourist courts,
motor courts, motor hotel, and similar appellations which are designed as integrated units of individual
rooms under common ownership. A motel shall not be considered or construed to be a multiple family
dwelling.

This ordinance adopted:

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

        Nayes:_N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date:             September 27, 2005

Effective Date:_ _ _ _o_c_to_b_e_r_l_3.:....,_2_0_0_5_ _ _ _ _ _ __

First Reading: _____
                   se_,p=--t_e_mbe_r_2_7...:.'. .-_2_00_5
                                                 :.     _ _ _ _ _ __

Second Reading: _ _ ___:N/'-_
                            A _ _ _ _ _ _ _ _ _ _ _ __

                                                        CITY OF MUSKEGON

                                                        By:    /i;LQ_
                                                                Gail A Kundinger, MMC, City




                                            CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of September, 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. 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.            J                    j
                                                                              ,

DATED:           q/ 2._Cj          2005.             ~ Q. ~
                                                Gaif A. Kundinger, MMC
                                                Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                     CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

Please take notice that on September 27, 2005, the City Commission of the City of Muskegon adopted
an ordinance to amend Article II (Definitions) of the Zoning Ordinance to amend the definitions for
"Hotel" and "Motel".

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten days from the date of this publication.

Published     Octoher ,3 , 2005                       CITY OF MUSKEGON

                                                      By __~~~~~--~~~----­
                                                              Gail A. Kundinger, MMC
                                                              City Clerk



PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                   7
                                            Staff Report (EXCERPT)
                                             CITY OF MUSKEGON
                                           PLANNING COMMISSION
                                             REGULAR MEETING

                                                September 15, 2005




Hearing; Case 2005-33: Staff initiated request to amend Article II (Definitions) of the Zoning
Ordinance to amend the definitions for "Hotel" and "Motel".
 BACKGROUND
Since the present definitions are rather broad, staff feels that some tightening of the requirements for hotels and
motels would be in the best interest of the City's Waterfront Marine districts. These changes would more clearly
state the intent of the definitions of a "hotel" or "motel".
NEW LANGUAGE
Deletions are erossed oHt and additions are bold.

Hotel: A building or part of a building, with a common entrance or entrances, in which lodging
is provided and offered to the public for compensation and which is open to transient guests
(as distinguished from a boarding house or lodging house, apartment hotel, fraternity or
sorority house) in which reeming units are usedprimarily for transient eeeupaney, and in which
one or more of the following services are offered:

         1. Maid service.

         2. Furnishing oflinen.

         3. Telephone, secretarial, or desk service.

         4. Room service.

A hotel may inelude A restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting
rooms may be located in the same building as a hotel.


Motel: A building or group of buildings, whether detached or in connecting units, used as irulividual
sleeping or c!welling ooits designee! primarily fur transient aHtomobile travelers anc! provicling fur
aeeessory off street parking faeilities. which shall provide for overnight or resort lodging and are
offered to the public for compensation, and shall cater primarily to the public traveling by
motor vehicle. The term motel shall include buildings designated as hotels, auto courts, tourist courts,
motor courts, motor hotel, and similar appellations which are designed as integrated units of individual
rooms under common ownership. A motel shall not be considered or construed to be a multiple family
dwelling.



City of Muskegon Planning Commission- 7115/04
DELIBERATION
I move that the amendment to Section 2501 (Creation and Membership), Article II (Definitions), of
the Zoning Ordinance to amend the definitions for "Hotel" and "Motel", be recommended to the City
Commission for (approval/denial).




City of Muskegon Planning Commission- 7/15/04
                                                                       /,   •   t'1




Date:         September 27,2005
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Request for Encroachment Agreement By:
              Muskegon Masonic Temple Association




SUMMARY OF REQUEST:
Muskegon Masonic Temple has requested your permission to upgrade the existing awning
at the entrance of the building. The awning will follow the same footprints as the existing
awning (built in 1972) and be installed by Muskegon Awning.

The new awning will extend over the sidewalk at 396 W. Clay Ave.




FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.




COMMITIEE RECOMMENDATION:
                          Muskegon Masonic Temple
                                   396 W. Clay Avenue
                                   Muskegon,MI49440
                                     231/722-2411

September 15, 2005



City of Muskegon
Engineering Department
933 Terrace Street
Muskegon,MI49441

RE:    Request for Encroachment Agreement in conjunction with new awning project at
       396 W. Clay Avenue

Dear Sir:

The Muskegon Masonic Temple desires to put in place a new awning to replace the
existing structure with the footprint the same as the existing awning. The new awning
would present an attractive and updated look to the entrance of the Masonic Temple
located at 396 West Clay Avenue. It is my understanding that we are required to put in
place an encroachment agreement with the city before any permits for the awning can be
issued.

Enclosed is the following:
           • Encroachment Agreement signed by two members of the Board of
               Directors of the Muskegon Masonic Temple Association: Ralph E. Frid
               and Thomas F. Schultz
           • A drawing rendered by Muskegon Awning ofthe new awning
           • A certificate of additional insured naming the City of Muskegon from our
               liability carrier
           • Check in the amount of $100 for your requisite fee
           • A photo of the existing structure which has been in place since 1972

Please advise if there is anything else required of the Muskegon Masonic Temple. It is
our understanding that both Muskegon Awning Company and Balasco Electric are fully
licensed and bonded contractors.




Diana L Coleman, Manager
Muskegon Masonic Temple
Enc.

                         Email: [email protected]
                                               CITY OF MUSKEGON

                             ENCROACHMENT AGREEMENT AND PERMIT

         THIS AGREEMENT is made and entered into this                   dl"A     day of, SeplonJt'r 20
                                                                                         I
                                                                                                         os-; by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and

   MLlSKcqon !A1aSV~ItTewp\ e                    Asxc.          (hereinafter called LICENSEE).

                                                      RECITALS

            I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the

encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or

owned by the City of Muskegon, the encroachment being described                  a~


       0-     new                -1-o rJJp\etC'L"-' .cus+~-~"9
                          ctluntng                                                           (lWVIIn§
                 C\.± 3 9 Lo W. CtCly Avenue
         2. The City-owned or controlled property (herein "property") subject to the encroachment is

described as:



  +hcd pox-
                     .
                  o.£ -\ hQ
                                                 .
[please insert a general description, and if required by the CITY, an accurate legal description]

                                         c d '-/ S Ide LLJ ct l U..l       k be r '
                                                                                               '
                                                                                                     m
                  ·h Dfl                                                      k'    0 u       mo
                             I                                                                   ,        f
   cd- ,3CJ(p LU, CIC\y Luhere                             tuXT£11+ o.wntn~ 1S noLO·
         3. The CITY is willing to grant such privilege upon the terms and conditions herein. This

agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to

any encroachment on public ways or property.

         THEREFORE,

         I.       CITY does hereby grant unto LICENSEE the privilege of _ _ _ constructing,

___ installing, _ _ _ _ maintaining, _ _ _ repairing and perfom1ing all necessary functions

relating to the encroachment, and for that purpose to enter the property, for the term herein stated.




                                                            I
\\Muskdata\Data\ENGINEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Pennit.doc
This privilege shall be effective upon the issuance of an encroachment permit, which shall be issued

only after approval of this agreement by the City Commission and delivery to the CITY of the required

evidence of insurance coverages.

         This grant is subject to the following special conditions: -~S.,_,e....,c."'-----"q"--"-f-'l'(
       llcc>\1d1C\

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                                         MUSKEGON, Ml 49440
                                                                                                                                                                                                'I
                                                                                                                                                                                               ,,
                                                                                                                                                                       9-91744                   .

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 II                          11"0000 b '10 211" . •:o 7 2000., I. s•:             0001. 28!;7 21.11"
Affirmative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231)726-5181

Cemetery
(231 )724-6783
FAX(231)726·5617
                                                West Michigan's Shoreline City
City Manager                                        www.shorellnecity.com
(231 )724-6724
FAX(231)722-1214

Civil Service
(231)724-6716
FAX (231 )724·4405
                                                        INVOICE
Clerk
(231 )724-6705
FAX (231 )724-4178

Comm. & Neigh.
Services
(231 )724-6717               Date: 10-12-05
FAX (231)726-2501

Engineering
(231 )724-6707
                             Muskegon Masonic Temple
FAX(231)727-6904             396 W. Clay Avenue
Finance                      Muskegon,Ml 49440
(231)724-6713
FAX (231 )724-6768

Fire Department              Certificate fee for the awning at 396 W. Clay:      $25.00
(231 )724-6792
FAX (231 )724-6985

Income Tax
(231)724-6770
FAX (231 )724-6768
                             Please make check payable to:
                             City of Muskegon
Info. Teclmology
(231)724-4126                Clerk's Office
FAX (231 )722-430 I
                             933 Terrace Street
Inspection Services
(231)724-6715                Muskegon,Ml 49440
FAX (231 )728-4371

Leisure Services
(231 )724-6704
FAX (231)724-1196            If you have any questions, please call 724-6915.
Mayor's Office
(231 )724-670 I
FAX (231)722-1214            Thank you,
Planning/Zoning
(231 )724-6702
FAX (231 )724-6790

Police Department
(231 )724-6750
FAX(231)722-5140
                             Linda Potter
Public Works
(231)724-4100
FAX (231 )722-4188

Treasurer
(231 )724-6720
FAX (231 )724-6768

Water Billing
(231 )724-6718
FAX (231 )724-6768

Water Filtration
(231)724-4106
FAYf?~l'\7-<:i-<:i~-<:i?OO
         HILLS MUSKEGON MASONIC TEMPLE ASSN                                                                                                       741
                                     PH. 231-722-2411
                                  396 W. CLAY AVENUE                                                                                         25-801440
                                  MUSKEGON, Ml 49440                                                                                         BRANCH 501

                                                                                                           DATE     /I!>/Ol.6   /o,s:::
PAY
TOTHE
               J2 -r•       o/~               . ,, .
ORDER OF<      ~u~- 7_5 JIILLLf:   2        2005     .By    /l~,~
                                                                 s'upervisor


                 CITY OF MUSKEGON
                 A Michigan municipal corporation,

                 Date Signed: .s,JJft~t~b&
                                 I
                                             l.poo5

                 Date Signed:.Syt,,J,.r I~ 2005
                                   MEMORANDUM

To:            Mayor and City Commissioners
From:          Lee J. Slaughter, Assistant City Manager
Date:          September 21, 2005
Re:            Softball World Contract with Muskegon Township One-Year Extension

This memorandum is being provided to clarify the Softball World Contract that is on the
Commission Agenda for September 27, 2005. I am asking you for official authorization
to allow the Mayor and Clerk to sign a one-year contract extension with Muskegon
Township for the use of Softball World. The problem is that my request is retroactive.
The Contract has already been signed by the Mayor and Clerk, but not distributed,
pending your official action. The terms of the Commission Purchasing Policy requiring
Commission approval for all expenditures $8,000 and above, did not occur to me until
after the contract was signed. The terms of the current Softball World Contract is $8500.
(See attached).

You will observe that all terms of the current contract remain AS IS. There's no change
from the terms of the current.

Your understanding in this matter would be very much appreciated.

Thank you.

C:      Bryon Mazade, City Manager
r-·------ - -                 ----·-··     ------------- --------- - -------------------- ----------------- ------- - - ...... - - ·
                                     - - --- ~---

:. Don Aley . Softbail World Contract. doc                                                                             Page 1
L-._                             •- • •- - - - •• - •- • - -   -·-· - -- - - ----- ---·- - - ~c· - -- -··--- -- ---- -~-- ------~-- ·-·- -




                                                                               2003-18 (g)
                                                                        LEASE AGREEMENT

                          THIS AGREEMENT, effective April 1, 2003, by and between the City ofl'vluskegon, a
                  Michigan municipal corporation. with offices at 933 Terrace St., Muskegon, Michigan .:19443
                  (hereinafter referred to as "City"), and Muskegon Charter Township, a Michigan municipal
                  corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter
                  referred to as "Township").

                                                                           WITNESSETH:

                        WHEREAS, the Township is the owner and operator of four approved slow-pitch softball
                  diamonds located at the corner of Mill Iron Road and Apple Avenue in Muskegon Township,
                  Muskegon County, known as "Softball World;" and,

                          WHEREAS, the City desires to use Softball World's fields for its recreational summer
                  and fall softball leagues; and,

                         WHEREAS, the Township desires that the City utilize its softball fields and said pa11ies
                  have negotiated and desire to put their several agreements in writing relating to the operation and
                  management of Softball World,

                         NOW, THEREFO!tE, in consideration of the mutual promises of the parties hereto, it is
                  agreed as follows:

                  I.    Premises. The Township hereby agrees that the City for the term herein, and subject to
                 the conditions contained herein, shall have the right to use the four softball fields owned by the
                 Township known as "Softball World." During the term of this Agreement, the Township shall
                 have the right to operate and manage the restaurant and bar concessions, or to enter into a
                 concession agreement for the same.

                 2.      Term . The term ofthis Agreement shall commence April I, 2003, and continue in full
                 force and effect, subject to its terms and conditions, until November I, 2005, unless terminated
                 earlier by agreement of both parties.

                 3.      Compensation.

                        A.       City agrees to pay the Township the following compensation for use of the
                 premises:

                                 i.       Eight Thousand Five Hundred                    Dollars~er
                                                                                                year (total lease
   I             obligation Twenty-five Thousand Five Hundred Dollars ($25~;able in four equal
   I
                 monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2, 125), with the
   I             first installment due April I, 2003, and a like amount each three months thereafter, until paid in
   I             full. In addition, in the event the electricity bill during any one year period exceeds the sum of
                 Four Thousand Dollars ($4 ,000), per year. the City agrees to pay the extra amount over and
   I             above said Four Thousand Dollars ($4.000), in addition to the sum set forth above.
 _: I

   :             0:\LEISURE\JACOBSENIWORD\SOFTBALL WORLD CONTRACT.DOC
                                                                                 . I .
                                                                                                          Page 2
                                                                                                        ----·--·-~




                        ( i)   City agrees to provide a! I Jield mainten;1nce ( fidd mJinlenance is
dctined as the dCJily maintcnancl! w keep the fields playable such as dragging. & lining the
tields, Cj. . .+-_ _, 2005.
                                                       Gail A. Kundinger, MMC
                                                       Clerk, City of Muskegon



Publish:           Notice of Adoption to be published once within ten (1 0) days of final adoption.
                                     CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

Please take notice that on September 27, 2005, the City Commission of the City ofMuskegon adopted
an ordinance to amend Section 2501 (Creation and Membership) of Article XXX (Zorring Board of
Appeals) to amend the zorring ordinance language regarding "a concurring vote of2/3 of the members
of the board is necessary to grant a variance from uses ofland".

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten days from the date of this publication.

Published     Ocm.dt'r 3           , 2005             CITY OF MUSKEGON

                                                      By __~~~~--~~~---­
                                                           Gail A. Kundinger, MMC
                                                           City Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                   7
Date:     09/27/05
To:       Honorable Mayor and City Commission
From:     Brett Kraley, Equipment Supervisor
RE:       Budgeted GPS Purchase


SUMMARY OF REQUEST: Approval to purchase 20 GPS receivers and
components from Advanced Tracking Technologies.


FINANCIAL IMPACT: Cost $26,945.85


BUDGET ACTION REQUIRED: None. There is $32,000 budgeted for this
purchase.


STAFF RECOMMENDATION: Approve purchase of 20 GPS receivers and
components from Advanced Tracking Technologies.
Memorandmn
To:   Honorable Mayor and Commissioners
From: Brett Kraley, Equipment Supervisor
Date: 9/20/2005
Re:   GPS



     The Equipment Division has budgeted in 2005 for the installation
of twenty "real time" Global Positioning System (GPS) receivers in our
vehicles and equipment. The initial purchase includes all ofthe
software, maps, and hardware. We plan to add additional units each
year until all daily use vehicles are being monitored.

  GPS is a proven tool that helps reduce operating costs and manage
mobile assets more efficiently. This is accomplished with GPS by:

• Proving or disproving public claims. If a citizen claims that a plow
  truck hit a parked car, we can verify if we had trucks in the area. It
  also allows us to give citizens information on services that have been
  complete or a timeframe in which they will be completed. I.e., when
  roads will be plowed.
• Increased security. If a city vehicle is stolen or being driven without
  permission, it could be tracked immediately.
• Aiding supervision in dispatching more effectively. Knowing the
  exact location of crews would enable supervision to choose the crew
  nearest the service request area.
• Improving employee efficiency by monitoring coffee and lunch
  breaks. At this time, supervision can make only spot checks because
  they cannot be in multiple places at one time.
• Employee Safety. In one particular case, an employee slipped and
  fell while exiting a plow truck during a snowstorm. The supervisor



                                                                            1
                                                                    September 20, 2005



         saw that the truck had not moved and was able to go directly to the
         location and call for help.
       • Reducing fuel costs. Companies have realized fuel savings of 20-
         25% by assuring that drivers are going where they are supposed to
         and nowhere else.

The Equipment Division looked at dozens of different GPS systems before
choosing Advanced Tracking Technologies from Houston, Texas as our
supplier. The system uses it's own 900 MHz receiver to track and report
vehicle location. There are no monthly cellular telephone bills or other costs
once the system is in place.




                                                                                    2
Date:     09/27/05
To:        Honorable Mayor and City Commission
From:      Brett Kraley, Equipment Supervisor
RE:        Fuel Sales




SUMMARY OF REQUEST: Approval to waive the 15% administrative fee on
outside fuel sales to Muskegon Public Schools.



FINANCIAL IMPACT: $5,000 in revenue depending on fuel consumption.



BUDGET ACTION REQUIRED: None.

                        I

STAFF RECOMMENDATION: Approve waiving administrative fee.

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