City Commission Packet 07-10-2001

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                JULY 10, 2001
          CITY COMMISSION                 CHAMBERS@ 5:30 P.M.


                                       AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
                 a. 2001 Mrs. Muskegon County International
                 b. Michigan Municipal League Award
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Liquor License Request (1301 E. Apple). CITY CLERK
                 c. Liquor License Request (1163 E. Laketon}. CITY CLERK
                 d. Cemetery Building Renovation. LEISURE SERVICES
                 e. Purchase of Property from Pakren Associates for the Bike Path.
                    PLANNING & ECONOMIC DEVELOPMENT
                 f.   Sale of Buildable Vacant Lot on Yuba Street. PLANNING &
                      ECONOMIC DEVELOPMENT
                 g. Sale of Non-buildable Lot on Marquette Ave. PLANNING &
                    ECONOMIC DEVELOPMENT
                 h. Sale of a Buildable Lot in Campbell Neighborhood. PLANNING &
                    ECONOMIC DEVELOPMENT
                 i.   Revenue/Collections Administrator Position CITY TREASURER
                 j.   Payment  Authorization, Emergency        Storm     Sewer    Repair
                      DEPARTMENT OF PUBLIC WORKS
•   PUBLIC HEARINGS:
                 a. Request for an Industrial Facilities Exemption Certificate, Bekaert
                    Corporation. PLANNING & ECONOMIC DEVELOPMENT
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
                      a. Sister Cit5y representation - Kamasi Ghana. BOB KUHN
                       b. Designation of Voting Delegates for Michigan Municipal League
                          Annual Meeting on September 12-14, 2001. CITY CLERK
                      c. Large Meter Replacement. DEPARTMENT OF PUBLIC WORKS
                      d. Replace Waste Services on Marquette. ENGINEERING
                      e. Concurrence With the Housing Board of Appeals Notice and Order
                         to Demolish the Following:
                           1. 186 & 186 ½ Strong
                           2. 2130 W. Sherman
                           3. 247 W. Forest
                           4. 286 Irwin
                      f.   Care Communities Fund Application. PLANNING & ECONOMIC
                           DEVELOPMENT
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:    July 1 0, 2001
To:       Honorable Mayor and City Commissioners
From:    Gail A. Kundinger, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, June 26, 2001.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
         CITY OF MUSKEGON
           CITY COMMISSION MEETING
                               JULY 10,2001
        CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                     MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 10, 2001.
   Mayor Fred J. Nielsen opened the meeting with a prayer after which members of
the City Commission and the members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioner Lawrence
Spataro, John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, and Clara
Shepherd; Assistant City Manager Lee Slaughter; City Attorney Tom Johnson; and City
Clerk Gail Kundinger.
  Vice-Mayor Sieradzki announced that it was Mayor Nielsen's birthday and the City
Commission purchased a cake for him.
2001-78 HONORS AND AWARDS:
                a. 2001 Mrs. Muskegon County International.
   Resolution was presented to Victoria Evans by Vice-Mayor Scott Sieradzki.
                b. Michigan Municipal League Award.
   Resolution was presented to Melanie Smith by Commissioner Aslakson.
2001-79 CONSENT AGENDA: Items listed under the Consent Agenda have been con-
sidered to be routine in nature and will be enacted in one motion. No separate dis-
cussion will be held on these items. If discussion of an item is required, it will be re-
moved from the Consent Agenda and be considered separately.
               a. Approval of Minutes. CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meet-
ing that was held on Tuesday, June 26, 2001.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the minutes.
                d. Cemetery Building Renovation. LEISURE SERVICES
   SUMMARY OF REQUEST: To award a contract to VanderVen Construction to reno-
vate the outside of the Cemetery office.
   FINANCIAL IMPACT: $35,769. $70,000 was budgeted.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approve
                e. Purchase of Property from Pakren Associates for the Bike Path.
                   PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: Approval of resolution, purchase agreement and purchase
agreement addendum for property owned by Pakren Associates, which is required for
the continuation of the bike path along Laketon Avenue. The purchase price is
$11,000. The purchase agreement has already been signed by Pakren Associates.
    FINANCIAL IMPACT: Purchase will allow the Laketon Ave. bike path project to con-
tinue. The price for the property is $11,000 and the purchase will be completed with
funds received from the sale of the Chase Hammond Golf Course.
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the
resolution, purchase agreement and purchase agreement addendum, and recom-
mends that the City Commission authorize staff to complete the purchase according
to the terms of the agreement.
                f.   Sale of Buildable Vacant Lot on Yuba Street.          PLANNING &
                     ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot on Yuba
Street to Gracie Scott, of 937 Lighton, Muskegon, Ml. The lot is 77 x 132 feet, and is be-
ing offered to Ms. Scott for $3,000. She plans to use the land for the construction of a
1,448 sq. ft. single-family home with a two-stall attached garage. Ms. Scott is a partici-
pant in the City's In-Fill program. The price of the lot is set through the Jackson Hill
Marketing Plan at $3,000 and Ms. Scott submitted the only bid of $3,000.
     FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate
additional tax revenue for the City and will place the property back on the City's tax
rolls thus relieving the City of continued maintenance costs.
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
     COMMITTEE RECOMMENDATION: The LRC approved the extension of the Jackson
Hill Marketing Plan late in 2000.
               g. Sale of Non-Buildable Lot on Marquette Ave.              PLANNING &
                  ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot on
Marquette Avenue to Linda Johnson of 1116 Marquette Avenue. Approval of this sale
will allow Ms. Johnson to expand her current yard. The subject parcel is being offered
to Ms. Johnson for $100. The parcel is located on a corner and there are no other ad-
jacent property owners. The other two lots previously owned by the City on that block
were sold to John Morrison last fall for additional yard space for his rental home.
   FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on
the City's tax rolls thus relieving the City of continued maintenance costs.
   BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
               h. Sale of a Buildable Lot in Campbell Neighborhood. PLANNING &
                  ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: A city-owned lot in Campbell neighborhood was adver-
tised for bid on June 17, 2001. The City did not receive other bids except from Mr.
Gary Smith in the amount of $10,025. The buyer understands the conditions and re-
quirements of the purchase agreement which includes construction of a single-family
residential home within 18 months, and existing trees shall not be cleared except to
accommodate the structure and driveway. Mr. Smith will build a 1500 sq. ft. house
with an attached 2-stall garage. Other policies will also apply.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends approval to sell the property to Mr.
Gary D. Smith for $10,025.
               j.   Payment Authorization.  Emergency        Storm     Sewer   Repair.
                    DEPARTMENT OF PUBLIC WORKS
  SUMMARY OF REQUEST: Authorize payment to Felco Contractors Incorporated for
emergency storm sewer repair on Bourdon Street in May, 2001.
   FINANCIAL IMPACT: $11,289.86
   BUDGET ACTION REQUIRED: None, will be charged to Public Works' Highway De-
partment budget.
   STAFF RECOMMENDATION: Recommended approval.
   Motion by Commissioner Schweifler, second by Vice-Mayor Sieradzki to approve
the Consent Agenda with the exception of item b, c, and i.
   ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
              Spataro
               Nays: None
MOTION ADOPTED
2001-80 ITEMS REMOVED FROM THE CONSENT AGENDA
               b. Liquor License Request (1301 E. Apple}. CITY CLERK
    SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from Bunty, Inc. to add a new Specially Designated Distributor li-
cense, to be held in conjunction with the proposed New Specially Designated Mer-
chant license.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: ALL Departments are recommending approval.
  Motion by Commissioner Aslakson, second by Commissioner Schweifler to recom-
mend approval of the addition of a new SOD license at 1301 E. Apple.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
                Nays: Sieradzki
MOTION ADOPTED
               c. Liquor License Request (1163 E. Laketon). CITY CLERK
    SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from PNS#9, Inc. to transfer all stock in the 2001 Class C licensed
business by dropping Alfonso Loera, deceased, as stockholder through transfer of his
10,000 shares of stock to new stockholder, Anita Loera.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: All Departments are recommending approval.
    Motion by Vice-Mayor Sieradzki, second by Commissioner Aslakson to approve the
transfer.
      ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
                 Benedict
                    Nays: None
MOTION ADOPTED
               i.   Revenue/Collections Administrator Position. CITY TREASURER
     SUMMARY OF REQUEST: To reclassify the current Deputy Treasurer position to Reve-
nue/Collections Administrator along with the salary pay range from range X to range
VIII of the non-represented employees' salary schedule.
  FINANCIAL IMPACT: Staff expects that the costs of the position changes will be
more than offset by:
   1) Reduction in accounts receivable days and improvement in the city's cash flow.
  2) Reduction in bad debts that are written off.
  3) Improved collections due to the knowledge of debtors ("slow-pays") that the
     City is focusing more attention to this area.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the request to reclassify the position.
  COMMITTEE RECOMMENDATION: The Civil Service Commission approved the job
  description at their meeting on May 22, 2001.
   Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the Revenue/Collections Administrator Position.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
                Nays: None
MOTION ADOPTED
2001-80 PUBLIC HEARINGS:
                a. Request for an Industrial Facilities Exemption Certificate. Bekaert
                   Corporation. PLANNING & ECONOMIC DEVELOPMENT
    SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Bekaert
Corporation, 2121 Latimer, Muskegon, Michigan, a plant that fabricates high tech
mechanical spring wire, has requested the issuance of an Industrial Facilities Exemp-
tion Certificate. Total capital investment for this project is $233,000 in real property and
$2,999,364 in personal property for a total of $3,232,364. The project will result in the
creation of three employment opportunities while retaining six jobs. Bekaert's current
workforce is 73.
   FINANCIAL IMPACT: The City will capture certain additional property and income
taxes generated by the expansion.
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facili-
ties Exemption Certificate for a term of 12 years for real property and 6 years for per-
sonal property.
   The Public Hearing opened at 6:04 p.m. to hear and consider any comments from
the public. Matthew Dugener explained the item. No public comments were heard.
   Motion by Commissioner Schweifler, second by Commissioner Shepherd to close
the Public Hearing at 6:09 p.m. and approve the issuance of an Industrial Facilities Ex-
emption certificate.
   ROLL VOTE: Ayes:   Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
              Schweifler
                Nays: None
MOTION ADOPTED
COMMUNICATIONS: None
CITY MANAGER'S REPORT: None
UNFINISHED BUSINESS: None
2001-82 NEW BUSINESS:
                a. Sister City Representation - Kamasi Ghana. BOB KUHN
   SUMMARY OF REQUEST: Director of Public Works, Robert Kuhn, is scheduled to be a
part of a mission trip to Kamasi Ghana in September 2001. He is requesting permission
to represent the City of Muskegon for the purpose of discussing the possibility of a fu-
ture Sister City relationship between Muskegon and Kamasi.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
    Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
Bob Kuhn to represent the City of Muskegon and his trip to Kamasi Ghana and enter
into discussion with them on the possibility of a future Sister City relationship between
Muskegon and Kamasi.
   ROLL VOTE: Ayes:  Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
              Shepherd
               Nays: None
MOTION ADOPTED
               b. Designation of voting delegates for Michigan Municipal League
                  Annual Meeting on September 12-14.2001. CITY CLERK
  SUMMARY OF REQUEST: To designate voting delegates for the Michigan Municipal
League Annual Business Meeting, September 12-14, 2001.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  Motion by Commissioner Shepherd; second by Commissioner Spataro to designate
Mayor Nielsen and Vice-Mayor Sieradzki to represent the City Commission at the MML
Conference in September at Battle Creek.
   Motion amended by Commissioner Benedict, second by Vice-Mayor Sieradzki to
designate Commissioner Shepherd as the alternate.
   ROLL VOTE ON THE AMENDMENT:
               Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
               Sieradzki
               Nays: None
AMENDMENT ADOPTED
   ROLL VOTE ON THE ORIGINAL MOTION WITH THE AMENDMENT:
               Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
               Spataro
               Nays: None
MOTION WITH AMENDMENT ADOPTED
  Motion by Commissioner Aslakson, second by Commissioner Benedict to designate
Mayor Nielsen to carry the flag at the MML Conference.
   ROLL VOTE: Ayes: Nielsen, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
               Nays: None
               Absent: Schweifler (stepped out of the room)
MOTION ADOPTED
               c. Large Meter Replacement. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: To approve the proposal with Metron Fornier to replace 400
large meters 1½ inch through 8 inch at the cost of $946,798.
   FINANCIAL IMPACT: $946,798 Water/Sewer Fund
   BUDGET ACTION       REQUIRED: Initial cost will be made with cash on hand from water
and sewer funds.       A budget adjustment will be made during the second quarter
budget re forecast.    The meter replacement program is expected to pay for itself with
recovered revenue     in two to five years.
   Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve
the large meter replacement.
   ROLL VOTE:    Ayes:        Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
                Nays: None
Motion Adopted
                d. Replace Water Services on Marquette. ENGINEERING
    SUMMARY OF REQUEST: To authorize Jackson Merkey, the contractor on the
County Force Main project, to replace the galvanized water services they encounter
while placing the force main with copper services. Jackson Merkey would bill the City
directly for the cost of replacement which is expected to be around $50,000. The bill-
ing would be in accordance with the unit prices submitted on their bid. By authorizing
this work, the City would avoid the possible need to dig-up those "new" streets in the
near future. Most of the galvanized services are expected to be in Marquette be-
tween Getty & US-31 BR.
   FINANCIAL IMPACT: The cost of replacing about forty (40) galvanized water serv-
ices for an estimated cost of about $50,000.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To authorize Jackson Merkey to replace the services.
   Motion by Commissioner Spataro, second by Commissioner Aslakson to authorize
Jackson Merkey to replace the services.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
                Nays: None
MOTION ADOPTED
                e. Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish for the following:
                       11     186 & 186 ½ Strong.
                       n_     2130 W. Sherman. (Staff requested this item be withdrawn)
                       fil.   247 W. Forest.
                       ~      286 Irwin.
    SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the above mentioned structures are un-
safe, 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 di-
rected to execute a contract for demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: All are CDBG
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
   VOTED ON SEPERATELY
   l) 186 & 186 ½ Strong
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Nielsen, Schweifler
                  Nays: Sieradzki
MOTION ADOPTED
   2) 2130 W. Sherman (item withdrawn - no action taken)
   3) 247 W. Forest
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd
                  Nays: Sieradzki, Benedict
MOTION ADOPTED
   4) 286 Irwin
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
    Motion and second amended by Commissioner Spataro and Commissioner
Schweifler that within the next 30 days the owner is to put $5,000 in escrow and submit
a timeline satisfactory to staff; if this does not happen, we would concur with the Hous-
ing Board of Appeals decision to demolish.
   ROLL VOTE ON MOTION WITH AMENDMENT:
                  Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
                  Spataro
                  Nays: None
MOTION AND AMENDMENT ADOPTED
                  f.   Core Communities Fund Application.    PLANNING & ECONOMIC
                       DEVELOPMENT
    SUMMARY OF REQUEST: To approve the resolution approving an application for a
Core Communities Fund loan from the Michigan Economic Development Corporation
in the amount of $1,000,000 for the development of a public seawall and boardwalk
improvements on the former Teledyne property. And to approve the Certification and
Repayment Agreement that outlines the repayment terms of the loan.
   FINANCIAL IMPACT: The Core Communities Initiative loan must be repaid from in-
crements captured by the Muskegon SmartZone LDFA amortized over a period of 15
years and at 3.5 percent interest. Annual payments to the MEDC will be approxi-
mately $86,000.
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION:          To approve the resolution and Certification and Re-
payment Agreement.
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to approve
the resolution for the application for the Core Communities fund loan.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
              Aslakson
               Nays: None
MOTION ADOPTED
2001-83 ANY OTHER BUSINESS:
   Commissioner Shepherd stated she received a call from Allen Avenue Church.
They would like to meet with their Community Officer on Wednesday night at 7:00 p.m.
reference a vandalism complaint. Assistant City Manager responded.
  Commissioner Benedict stated she was not notified of the July 9, 2001, Special
Meeting.
   Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to terminate
the City Manager effectively immediately or consider his resignation.
   At 8:00 p.m., the Mayor called for a recess.
  The Commission reconvened at 8:26 p.m.
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to table this
item until the next meeting.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Shepherd, Sieradzki, Benedict, Nielsen
MOTION FAILS
    Original motion and second amended by Commissioner Benedict and Vice-Mayor
Sieradzki to terminate the City Manager in two weeks at the next Commission Meeting
or consider his resignation.
  Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to call the
question.
   ROLL VOTE: Ayes: Shepherd, Sieradzki, Benedict, Nielsen
               Nays: Spataro, Aslakson, Schweifler
MOTION FAILS
   Motion by Commissioner Schweifler, second by Commissioner Spataro to request
the Mayor to enforce the rules.
  At 9:04 p.m. the Mayor called for a recess.
   The Commission reconvened at 9: 17 p.m.
   ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler
               Nays: Sieradzki, Benedict, Nielsen, Shepherd
MOTION FAILS
   Motion by Commissioner Schweifler, second by Commissioner Spataro to suspend
the rules of the Commission.
   ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki
               Nays: Spataro; Aslakson, Schweifler
MOTION FAILS
  Motion by Commissioner Benedict, second by Commissioner Shepherd to set a
Special Meeting for tomorrow at 5:30 p.m. to discuss the City Manager's termination.
   ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki
               Nays: Aslakson, Schweifler, Spataro
MOTION ADOPTED
   Motion by Commissioner Schweifler, second by Commissioner Aslakson to amend
the previous motion to meet on the weekend or next week.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Benedict, Nielsen, Shepherd, Sieradzki
MOTION FAILS
   Motion by Commissioner Spataro, second by Commissioner Schweifler to conduct
tomorrow's Special Meeting as a Public Hearing.
   ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
               Nays: Nielsen, Shepherd, Sieradzki, Benedict
MOTION FAILS
PUBLIC PARTICIPATION: Various comments were heard from the public.
2001-84 CLOSED SESSION: To discuss pending litigation.
   Motion by Commissioner Benedict, second by Commissioner Aslakson to go into
Closed Session at 9:45 p.m.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
              Nielsen
               Nays: None
MOTION ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Benedict to return
from Closed Session at 9:47 p.m.
   ROLL VOTE: Ayes:   Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
              Schweifler
               Nays: None
MOTION ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with the City Attorney's recommendation for 696 W. Southern.
  ROLL VOTE: Ayes:   Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
              Nays: None
MOTION ADOPTED
ADJOURNMENT: The regular Commission Meeting for the City of Muskegon was ad-
journed at 9:48 p.m.
                                          Respectfully submitted,


                                           ~o~~
                                          Gail A. Kundinger, CMC/AAE
                                          City Clerk
Date:     June 28, 2001
To:       Honorable Ma,y~and.City Commissioners
from:     Ric Scott     1/;lz,~
RE:       Cemetery Building Renovation


SUMMARY OF REQUEST:
To award a contract to VanderVen Construction to
renovate the outside of the Cemetery office


FINANCIAL IMPACT:
$35,769, $70,000 was budgeted


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Afnr mallve Acll• n
231 /724-6703
FAX/722-1214

Assessor
2311724-6708
FAX1726-5 181

Cemetery
23 l 1724-6783
FAX/726-56 17

Civil SerYice
23 l/724-6716
FAX/724-4405                                           West Michigan's Shoreline City
C lerk
23 I /724-6705
FAX1724-4178
                       Date:           June 28, 2001
Comm . & Neigh.
     Services          To:             Honorable Ma~ov            nd City Commissioners
23 l 1724-6717
FAX/726-2501           From:           Ric Scott        ¥flZpfl'
Engineering
23 i /724-670 7        Re:             Cemetery Office Renovation
FAX/727-6904
                       The Cemetery office building in Restlawn Cemetery is in
Fln11ncc
231/724-6713
                       need of major renovation. $70,000 was budgeted in this
FAX/724-6768           year's budget for the renovation of the exterior of the
Ffrc Dept.             building.
231/724-6792
FAX/724-6985           On Tuesday, June 19 th , two bids were received for the
I ncome 'J'nx
                       renovation project as follows :
23 l/724-6770
FAX/724-6768                   VanderVen Construction                           $35,769
Info. Systems                  Quality Builders                                 $57,860
2311724-6744
FAX1722-4301           The Architect for the project, Tim Bosma, has talked to
Leisure Service        VanderVen Construction to make sure that they didn' t
23 l/724-6704          forget something or make some mistake, as his estimate
FAX/724-l l 96
                       was about $70,000. He is convinced that VanderVen did
Manager's Office
2311724-6724
                       include everything in his bid and can do the project for
FAX1722-1214           the bid price.
Mayor's Office         Consequently, I am recommending that you award the
231/724-6701
FAX/722-12 14
                       contract for the renovation to the exterior of the
                       Cemetery office building to VanderVen construction for
Inspccllon Services
231/724-6715           $35,769.
FAX/726-2501
                       Thank you for your consideration.
Pla nning/ Zoning
231/724-670 2
FAX1724-6790

Police Dept.
23 l/724-6750
FAX/722-5 140

P u blic Works
231/724-4 10 0
FAX/722-4 l 88

Treasurer
231/724-6720
FAX/724-6768

Wntcr Illillng Dept.
23 11724-6718
F AX/724-6768

Wnter Flltrotlon
23 l /724-4 106
FAX/755-5290


                               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                   Commission Meeting Date: July 1 0, 2001




Date:         June 26, 2001
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development           cJ>u
RE:           Purchase of Property from Pakren Associates for the Bike
              Path


SUMMARY OF REQUEST:

Approval of resolution, purchase agreement and purchase agreement addendum for
property owned by Pakren Associates, which is required for the continuation of the bike
path along Laketon Ave. (see enclosed map). The purchase price is $11,000. The
purchase agreement has already been signed by Pakren Associates.

FINANCIAL IMPACT:

Purchase will allow the Laketon Ave. bike path project to continue. The price for the
property is $11,000.00 and the purchase will be completed with funds received from the
sale of the Chase Hammond Golf Course.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends that the Mayor and Clerk sign the resolution, purchase agreement
and purchase agreement addendum, and recommends that the City Commission
authorize staff to complete the purchase according to the terms of the agreement.

COMMITTEE RECOMMENDATION:

None




6/26/2001
                            Map Of Survey For - City of Muskegon, Department of Leisure Services
                                          September 25, 2000       No. 006063.1



                                                          Description of Property Surveyed

                                                 EAST PARCEL "Pakren"
                           The South 16.00 Feet of Lot 6, Block 465 of the Revised Plat of 1903 of the
                                       City of Muskegon, Muskegon County, Michigan


                                            WEST PARCEL "Hacldey Hospital"
                           The South 16.00 Feet of Lot 5, Block 465 of the Revised Plat of 1903 of the
                                       City of Muskegon, Mush:egon County, Michigan




                                              LOT 5                                                   LOT       (i
                                                                                                                                       I



                                              M=/33.41'                                              M=/33.41'
              -    M=/6.00'                                                    -M=/6.00
                                                                                        '   .
                                                                                                                         M=/6.00'-
                                        , -       ,                                                         ,
                                -
                               P-134.00, M-133.45                                                -
                                                                                                1P-/34.00, M=/33.45       "
                                                             Laketon               Ave.




                             11           1
                  Scale /      .::   40


                                                                        LEGEND
       This survey was made from the above legal
       description which was given to us as a complete          8 -Survey Iron fexfrtlng/
                                                                                                MOO/~E & BRUGGINK
       description of the · proparty. Both map and              0 -Survey Iron !placed)              Consu!tlng Engln&ars & Land Survayors
<      description should be compared with the Title                                                          Muskegon, Michigan
                                                                M-Measured Dlmerislon

•w"z
       Insurance Polley for any exception, easements or
a                                                               P-Pfatted Dimension
       differences in description. Setback dirmmslons as
       shown between structures and lot lines should not        R-l?ecorded Dimension
w      be used to reestablish property lines.                   x-x-x Fence Line
>
                                                                           Page 11


                                       PROPERTY SKETCH




                                               134
                r- - - - - - -- - - --- - -------
                1

                I
                I                         PAVED PARKING
                I




                              PAVED                  ONE STORY
                             PARKING                  MEDICAL
                                                      OFFICE
                                                                            I-
                                                                            LL!
                                                                            LL!
         ._,.                                                               0::
                                                                            I-
                                                                            U)

         "'
         "'     I                                                           ""
                                                                            u
                I                                                           LL!
                                                                            0..

                I
                I
                '-
                     ' '-
                            ' II
                                              PAVED PARKING      ✓
                                                                 I   t:,




                                                                                     '\ I
                                                                                     ''~



    ,,
/
                                    CITY OF MUSKEGON

                                     RESOLUTION #2001- 79 ( e )

RESOLUTION APPROVING THE PURCHASE OF PROPERTY FOR THE BIKE PATH

WHEREAS, the City of Muskegon is in the process of purchasing properties for the continuation
of the Laketon Ave. bike path project, and the property owned by Pakren Associates has been
identified as necessary for the project;

WHEREAS , the purchase of this property from Paki:en Associates would allow the bike path
project to proceed;

WHEREAS, Palaen Associates have signed a purchase agreement and purchase agreement
addendum forthe property at the price of $11 ,000.00 for the 16-foot strip;

NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $11,000.00.

Resolution adopted this 10th day of July, 2001.

       Ayes: As lak s on, Benedi ct , Niel sen, Schwe if ler, Shep herd, Si eradzki ,
             and Spat aro
       Nays: None

       Absent: None




       Gail A. Kundinger, Clerk

                                         CERTIFICATION


   This resolution was adopted at a regular meeting of the City Commission, held on July
   10, 2001 . The meeting was properly held and noticed pursuant to the Open Meetings Act
   of the State of Michigan, Act 267 of the Public Acts·of 1976.

                                           CITY OF MUSKEGON




                                                  Gail A. Kundinger, City Clerk
                        REAL ESTATE PURCHASE AGREEMENT
                                        2001-79(e)
        THIS AGREEMENT is made July 10                  , 2001, by and between PAKREN
ASSOCIATES, a Michigan co-partnership, of 1781 Peck Street, Muskegon, Michigan 49441
("Seller"), and the CITY OF MUSKEGON, a municipal corporation, with offices at
933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").

         I.     General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property commonly known as a 16 foot wide parcel ofland along the Northerly side of
Laketon Avenue, located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:

                   The South 16.00 feet of Lot 6, Block 465 of the Revised Plat (of
                   1903) of the City of Muskegon, County of Muskegon, State of
                   Michigan.

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

        2.     Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Eleven Thousand Dollars ($11,000), payable, in cash, to Seller at Closing.

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

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title to remedy such objections. If
Seller resolves such restrictions and remedies to the title (by obtaining satisfactory title insurance
or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated, at Buyer's option. The premium for the owners' title policy shall
be paid by Seller.



G:\COMMON\5\GTJ\C-RLESTISHOPHTH.PA                - 1-

                                                                                                         ·'
       5.     Personal Property and Fixtures. There are no fixtures or personal property, the
land being vacant.

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

         7.        Environmental Matters. Seller represents and warrants to Buyer as follows:

                 a.      To the best of Seller's lmowledge, the Premises have been used and
         operated in compliance with all applicable federal, state and local laws and regulations
         related to air quality, water quality, waste disposal or management, hazardous or toxic
         substances, and the protection of health and the environment.

                b.      Seller has not disposed of any hazardous or toxic substances on or in the
         Premises and, to the best of Seller's knowledge, the Premises and the groundwater
         beneath the Premises is free from environmental contamination of any kind.

                c.     To the best of Seller's knowledge, the Premises does not include any
         "underground storage tank," as that term is defined by state or federal law.

        Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.

      8.    Condition of Premises and Examination by Buyer. BUYER UNDERSTANDS
AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS
COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS
PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF SELLER THAT
NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT BUYER HAS PERSONALLY INSPECTED THE PREMISES AND
IS SATISFIED WITH THE CONDITION OF THE LAND AND THAT THE PROPERTY IS
BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND
NOT DUE TO ANY REPRESENTATIONS EXCEPT THOSE ABOVE MADE BY OR ON
BEHALF OF SELLER.



G:\COMMON\5\GTJ\C-RLEST\SHOPHTH.PA               -2-
         9.      Real Estate Commission. Buyer and Seller both aclmowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.

       I 0.    Closing. The closing date of this sale shall be on or before _ _ _ _ _ __
200_ ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.

       11.     Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

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

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

        14.     Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the deed to be delivered at Closing.

         15,       General Provisions.

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

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

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

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

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


G:\COMMON\5\GTJ\C-RLESnSHOPHTH.PA               -3-
                f.      Severability. In case any one or more of the provisions contained in this
        Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
        respect, such invalidity, illegality, or unenforceability shall not affect any other provision
        of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
        unenforceable provision( s) had never been contained herein.

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

               h.      Modification of the Agreement. This Agreement shall not be amended
        except by a writing signed by Seller and Buyer.

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

WITNESSES:                                               SELLER: PAKREN ASSOCIATES




                                                        T.ID No .. _ _ _ _ _ _ _ _ _ _ _ __




                                                        BUYER: CITY OF MUSKEGON


  ,t.;,Jcla    /'otfN'
                                                        By       ~   ·Gi;· 4 . .'G '"-'
                                                                       u
                                                        Fred J. Nielsen~yor

~k             rn. t<4-J~,sG·                           By·        -
        1' 0 A--v)I'\   l'}1 ,   K(' v /Lew <;, )L j    Gail A. Kundinger, Clerk

Drafted by:                                            All Closing Costs and Title Insurance Cost
G. Thomas Johnson                                      will be paid by buyer at closing, net to
PARMENTER O'TOOLE
                                                        sellers will be $11,000.00.
175 W. Apple Avenue
P.O. Box 786
Muskegon, Michigan 49443--0786
Telephone: 231/722--1621



G:\COMMON\5\GTJ\C-RLESnSHOPHTH.PA                      .. 4 ..
                 ADDENDUM TO PURCHASE AGREEMENT
                              2001-79(e).


            FOR VALUABLE CONSIDERATION, this addendum is made a

part of the agreement for sale of real estate located at 1781

Peck Street, in Muskegon, by and between Pakren Associates, a

Michigan co-partnership,     Seller,   and the City of Muskegon,

Buyer, to be simultaneously executed with a proposed purchased

purchase agreement.



            1.   Plan Review Clause.        The Buyer agrees to allow

Seller to review and comment on final plans for location of

its proposed bike path and alterations to be made to existing

landscaping prior to commencing construction or alteration of

the site.

            2.   Restoration Clause.        Buyer agrees to restore

Seller's parking lot surface and landscaping if damaged during

construction of the proposed bike path.



            3.   Zoning and Site Plan Clause.       Buyer agrees that

the diminution of lot size, parking space, building area to

land area ratio, set backs, and other dimensional requirements

of the city codes     by   reason of   this    transaction does   not

disqualify the remaining parcel retained by Seller from its

current use, or any other use permitted by the. zoning district

in which the parcel is located.
             THE FOREGOING three clauses shall be understood to

be an integral part of the purchase agreement for the sale of

real estate.

DATED: June~~, 2001

WITNESSED BY:                          SELLER: PAKREN ASSOCIATES



                                 By:
                                       Its Partner           J

                                       BUYER: CITY OF MUSKEGON



  ;,,,Jq /c;ri'-e,.

1f ~ M. l w s'{_ ·,




         G:\COMMON\5\GTJ\C-RLEST\GRACIE SCOTT.QCD.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON

         The foregoing instrument was acknowledged before me this / 3th day of J c,.1         /;t,:
                                                                                               2001, FRED J.,
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on
behalf of the City.


PREPARED BY: G . Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole                    L / .ndc-t       ! .   /   0   "I--/- r r
175 W. Apple Avenue                                   Notary Public, Muskegon County, Michigan
Muskegon, MI 49443-0786                               My commission expires: _ _,J---'
                                                                                    ~al
                                                                                      .._,S"--
                                                                                           "" -_,O
                                                                                                 :::........:?:-..
                                                                                                              -=...._ _ _ __ _ _
Telephone: 231/722-1621




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




       G:\COMMON\5\GTJ\C-RLESnGRACIE SCOTT.QCD.DOC
                                                        COVENANT DEED

KNOW ALL MEN BY THESE PRESENTS: That MUSKEGON COUNTY HABITAT FOR HUMANITY, INC., a Michigan non-
profit corporation, of 1330 Fifth Street, Muskegon, Michigan 49441,

CONVEYS to the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Mnskegon, MI 49443, the following
described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                                         Lot 3, except the North 44.17 feet thereof, and the
                                 North 55.24 feet of Lot 4 of Block 148 of the Revised Plat of 1903;

for the sum of less than One Hundred ($100) Dollars.

Grantor hereby covenants that no liens or encumbrances were placed on the property during the period of its ownership thereof.
Grantor hereby covenants that it will warrant and guarantee against any liens or encumbrances occuning during said period.

This deed is exempt from real estate transfer tax pursnant to the provisions ofMCLA 207.505(a) and MCLA 207.526 Sec. 6(a) of the
Public Acts of 1968.

Dated this 25th day ofJune, 2001.

                                                              MU~lI

                                                                              ______
                                                                                [--- I"
                                                                                             >



             1--- : _-_:_- -:_ -1===J7"-= _l_J_c=1===j
       -=-_:_j                                              Jc-::--: _J:-_ -- ---___ g ---- --
                                                      1-=-:-_c-=                       :-j
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       ----.                                   -- -     ------                               a.
                                                                                             =>




       ... i ~~- 1·· ···1 ... [ [TJ [JflTl1TJ
                                                          1$ NOS0!1H




       .. ·.... J .. . _. . .. r··r.1]~n.~tl~
       r1 c..Jl ~curr1r 1 n]D1· r=r=                                                              __ -
                                                               .lSOMOO




       . r~;r 1c·c 11;;;,. . . __ . _. _.
                          1SNl31S   ~

                    i               ~~~
                                    0:N ><
                                    1 cl o..   --S'-   /4-;-;1-rr
175 W. Apple Ave., Muskegon, Ml 49443-0786                      Notary Public, Muskegon County, Michigan
Telephone: 231/722-162 l                                        My commission expires: __,J_----'~"'---'-s--
                                                                                                         e.__
                                                                                                            - ---=o'--------"~-"----- -- - - --

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

            G:\COMMON\5\GTJ\C-RLEST\C-SM 1TH.G.D.QCD.DOC
                              AGENDA ITEM NO. _ _ __

                 CITY COMMISSION MEETING _ _ _ _ _ _ __



TO:           Honorable Mayor and City Commission

FROM:         Department of Public Works

DATE:         June 20, 2001

SUBJECT:      Payment Authorization, Emergency Storm Sewer Repair



SUMMARY OF REQUEST:
Authorize payment to Felco Contractors Incorporated for emergency storm sewer repair on
Bourdon Street in May, 200 I.


FINANCIAL IMPACT:
$11,289.86


BUDGET ACTION REQUIRED:
None; will be charged to Public Works' Highway Department budget.


STAFF RECOMMENDATION:
Recommend approval.


COMMITTEE RECOMMENDATION:
 A ffi rm:1tiv<.' Aclio11
 23 I/724-67113
 F,\X/722- 12 14

 Assesso r
 23 I 1724-6708
 FAX/726-51 8 1

 ( 'cmc lc ry
 23 I /724-6783
 FA.\1726-56 17

 C ivil Sl·rvin :
 23 I /724-67 16
 F,\ X/72 4--11155                                                       West Michigan's Sllorellne City
 Cie ri,
 2.l 1/724-670 5
 FAX1724-4 178

 C omm. & i\'d gh.
     Scr\'il:cs
 23 1/724-67 17
 FA .\/726-250 I

 Eng inee ring
 23 1/724-6 7117                To:       Honorable Mayor and City Commissione
 f ,\ X/72 7-6911-1

 Fina nce
 23 11724-67 13
                                From:
 FAX/72 4-6768

 Fin! Ocpt.
                                Re:       Payment Authorization
 23 I /724-<,792                          Bourdon Street Storm Sewer Repair
 FA.\1724-6985

l m:omcT:n
23 1/724-6770
                                Date: June 20, 2001
FAX/724-6768

I nfo. Systems
231 /724-6744                   Emergency storm sewer repairs in the 2100 block of Bourdon were required when the
FA.\1722-4311 I
                                storm sewer collapsed, washing the side of the hill into the west arm of Ruddiman Creek.
Lcisu rr Scr" icc
23 I /724-6704
                                City Engineer Mohammed Al-Shatel, with Public Works Director Robert Kuhn' s approval,
F ,\X/72 4-1 I%                 recommended the selection ofFelco, which was working on another city proj ect at the time
i\ la11a gcr 1s Office
                                and readily available for this emergency project. The work was performed May 15-18,
23 1/72 4-(,724                 2001.
FA.\1722- 12 14

,\ layur's Office               The attached itemized invoice for $11,289.86 has been reviewed by and appears reasonable
23 1/724-(,711 1
FA .\ /722- 12 14               to Engineer Mohammed Al-Shatel and Highway Supervisor Doug Sayles. As the invoice
Nc i~ h. ""~ Co11s l.
                                exceeds $8,000 city commission authorization is required and authorization is respectfully
    Scr \'ict•s                 requested.
23 I /724-67 1S
FA.\/726-2511 1
                                Att.
1•1:t n ning/Zo11i11g
23 l /7H-6702
FAX/724-6790
                                /pmb
Poli t:c Dl.' pl.
23 11724-67511                  (1/CommLlrBourdonSt. .. )
F,-\,\/722-5 140

Puh lic \ Vo rl,s
23 1/724-4 1uo
FAX/722-4188

T reasure r
23 1/724-6720
FA:\/724-6768

\ Va f l 'I' Billi ng D e pt.
23 I /724-67 18
F.- \.\/724-67(,8

\\'at<.'r Fillra lion
23 I /7H-4 I 06
FA.\1755-5290

                                                     De pa rtm e nt of P ublic Wor ks, 1350 E. Kea ting, Muskegon, Ml 49442
    874 Pulaski Ave.
                                                                                                 DATE               INVOICE#
    Muskegon,MI 49441
    Ph.: (616) 759-0924
                                                                                         5/25/2001                735
    Fax: (616) 755-0956

              I BILL TO:                                           SHIP TO

        City ofMuskegon
        ATT: Mohammed S.Al-Shatel, P.E.
        933 Terrace St.
        P.O. Box 536
        Muskegon, Mi. 49443-0536


                                                              P.O. NUMBER     TERMS                            PROJECT


                                                                             ,-.T_L   ':?fl          •- --1 . . . . . Sewer ...
                 I
    QUANTITY     I                         DESCRIPTION                                        RATE                  AMOUNT


          l      Transport oversize PC400LC-5 excavator to and from           1,235.00                          1,235.00
                 jobsite
          2      Dismantle trench box at east pit, load onto lowboy,              90.00                            180 00
                 W.O.# 19078
          5      Transport trench box and D39E dozer to jobsite,                      75.00                        375.00
                 W.0.#19089
        8.5      Working foreman, W.O. #19078                                     55.00                            467.50
          5      Dig to customer specs. w/ 400 excavator, build ramp             175.00                            875.00
                  down hill toward sewer area, clean up and stack brush
                  W.0.#19078
         24       Clay, yards, delivered to jobsite, for ramp, W.O.#19078              5.00                         120.00
         12       Sand, yards, delivered to jobsite, for curb                          5.00                          60.00
                                                                                                       r
                  protection, W. 0. # 19078
         12       Sand, yards, delivered to jobsite, for ramp, W.O.#19088              5.00                         60.00
          6       Hand Labor, W.O.#19090                                              40.00                        240.00
         24       Sand, yards, delivered to jobsite, for backfill,                     5.00                        120.00
                  W.0.#19090
          7       Hand Labor, W.O.#19084                                           40.00                           280.00
         10       Dig to customer specs. w/ 400 excavator, sewer repair,         I 75.00                         1,750.00
                  W.0.#19105
       10.5       Working foreman, W.O. #19087                                     55.00                            577.50
         39       L.F. , 18" PVC SDR35 pipe                                        24.70                            963.30
          2       18 X 18 PVC fernco flex coupler                                146.00                             292.00
          I       Place and move cover material with PC 400, W. 0.19054          l 75.00                            175.00
I         8       Move material with 962 loader, W.O.#19054                        90.00                            720.00
i
!
··--TnanKyou for your ousiness.
                                                                             Total
                                                          Page 1
  lFreilro ,:C\G1ra:tr21(e·1 01r3 9 tLrute~
                             1



  874 Pulaski Ave.
  ~Auskegon,MI 49441                                                                            DATE         I     INVOICE#

  Ph.: (616) 759-0924
  Fax: (616) 755-0956                                                                   5/25/200 l               735


                I BILL TO:                                           SHIP TO

       City of Muskegon                                                        CITY     ()C"   "'"         ,01\l
       ATT: Mohammed S.Al-Shatel, P.E.
       93 3 Terrace St.                                                               MAY 2 '.j 2001
       P.O. Box 536
       Muskegon, Mi. 49443-0536


                                                                 P.O. NUMBER    TERMS                        PROJECT


                                                                               N.et   1/)            01.u:d.O'l ''"Ver ..
  QUANTITY
                  'I                          DESCRIPTION                                   RATE                   AMOUNT
                   i
                   I
                  -:
                   !Push material with D-39 dozer, W.O.#19054                     80.00                            240.00
          3
                    Place and move cover material w/ 400 excavator,              175.00                            175.00
          I
                    W.O.#19054
                    Sand, yards, delivered tojobsite W.O.#19054                        5.00                        120.00
       24
                    Tons rip rap, delivered to jobsite W.O.#19054                     42.00                        180.60
      4.3
                    Sand, yards, delivered to jobsite W.O.#17424                       5.00                          50.00
       10
                    Clay, yards, delivered to jobsite, W.O #17424                      5.00                        l 50.00
       30
                    Topsoil, yards, delivered to jobsite, W.O.#17424                  12.00                        360.00
       30
                    Tons aggregate base course MOOT 22A, delivered to                 18.00                        52l.46
    28.97
                    jobsite, W.O#17424
                    Hand Labor, W.O.#17424                                         40.00                            40.00
          l
                    Hand Labor, W.O.#17424                                         40.00                            80.00
          2
                    Dig to customer specs. w/ 400 excavator, clean up work,       175.00              ·'           612.50
        3.5
                    W.O.#19104
           ry       Push material with D-39 dozer, clean up work,                     80.00                        160.00
           ~



                    W.O.#19104
                    Working foreman, W.O. #19104                                      55.00                        ll0.00
           2
                                                                                       6.00%                         000
                     State Sales Tax




-1hank you tor your ousmess.
                                                                               Total                        $] l,289.86

                                                            Page2
Date:       July 10, 2001
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Liquor License Request
            1301 E. Apple, Muskegon, Ml




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Bunty, Inc. to add a new
Specially Designated Distributor license, to be held in conjunction with
the proposed New Specially Designated Merchant license.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:             All Departments are recommending
approval.
,\ffirnlii li\'c Act io n
231/72H,70J
FA.\/722- 12 1-1

. \.-:Sl'SS U r
2J I /72 -1-(, 708
l'A.\/726-, 181

ll' llll' lcry
2.l 11724-(,783
F,\.\/72<,-SGI 7

Civil SL' r\'iCl'
23 l/72H,7 I G
F.-\.\/72 -1-HO,
                                                              West Michigan's Shm-ellne City

Cieri<
23 1/72-1-670,
F.\.\/724-4 178

Comm. L'\: :\1t•igh.         June 20, 2001
       S t·1Til'l'~
lJ l /72 4-(,7 17
F. \.\ /72 (,-2511 1

 E 11g i1n·l•ri 11~          To:             The City Commission through the City Manager
 2J 1/724-(,707

                                                             / ~~ .. _I{_~
 F. \ \/72 7-6911-1
                             From:            /-J..,. - L.                         -
 Fi11 :111n•
 231/714-6713
                                             Anth&ny L. Kleibecker, Chief of Police
 F.-\\/72H ,768

 Fin· Dl'IH.
                             Re:             Change in Liquor License at 130 1 E. Apple Ave., Bunty, Inc.
 2J 1172-1-(,792
 F.-\\ /72 4-6985

          f :1.\
 (11 CO lll l'
 2J 1/724-/, 770
                             The Muskegon Police Department has received a request from the Michigan Liquor
 F,\\/724-(,768              Control Commission for an investigation of the application from Bunty, Inc. They are
 I 11fu. Sysll'm.s           requesting to add a New Specially Designated Distributor License, to be held in
 2J 1/724 -67-14             conjunction with proposed N ew Specially Designated Merchant License (Authorized 3-1 -
 F.-\:\/722-HU I
                             01 and Approved 4-25-01).
 Lt•is u IT Scr\'ict·
 23 1/72-1-(,7114
 FA\1724- 11 %               The applicant, Jaswinder Singh, had become the current licensee as of 3-13-01. He has
 ,\ l ana~t·r's Offil"l'     since conducted business with no violations of LCC rules or state/city laws. This office
 23 11724-(,724              fi nds no reason to deny this request.
  F. \X/722- 12 14

  ~l :iyur\ Orrin•
  23 1/724-(,711 1
                             Since there are no new applicants for this license there are no Criminal History checks
  F ..\\/722- 1214           being made.
  ~l'iJ.!h. & ( ·un sl.
      Scrvicl'.S
  23 1/724-<,7 15
  F..\\172(,-2:ilJ I         TK/cmw
  l'l:111ni11g/Zonini;.
  231/724-G 702
  Fr\.\/72-1-6790

  Puli1.:c lkpt.
  231/724-67:iU
  F.-\.\/722 -5 1-111

  l'ublk \ \'url,s
  2J I/72 4-4 1110
  FA.\/722-4188

  T1·cas11 n~r
  2J 11724-67211
  FAX/724-(,768

  \\' akr llilling Dc111.
  23 1/724-(,7 18
  Fr\X/72 -1-6768

  \V;1IL•r ril tr:1 tio 11
  23 1/72-1-4 I OG
  F.-\.\ /755-,290

                                      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MEMO
To:    Chief Tony Kleibecker

From: Det. Kurt Dykman

Date: 5-10-01

Re:    Change in Liquor License at 1301 E. Apple Ave., Bunty, Inc.


Chief Kleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of the application from Bunty, Inc. to add a
New Specially Designated Distributor License, to be held in conjunction with proposed
New Specially Designated Merchant License (Authorized 3-1-01 and Approved 4-25-01 ).

The applicant, Jaswinder Singh, had become the current licensee as of3-13-0I. He has
since conducted business with no violations of LCC rules or state/city laws. This office
finds no reason to deny this request.

Since there are no new applicants for this license there is no Criminal History checks
being made.

Respectfully submitted,




Det. Kurt Dykman


data/common/Jsingh2
                                         LIQUOR LICENSE REVIEW FORM                                                                  MAY i O200Y

                      Business Name: _B""'"u-'-
                                            nt__..Y_,_,_I:;..;.;n.. .;;..c.;;._._ _ _ _ _ _ _ _ _ _ _ _ _ __

                     AKA Business Name (if applicable): · Dasmesh Mart (Sunny Mart l

                      Operator/Manager's Name: ---"J=as"""w'-'-i.:..:.:nd=e:..:....r_;:S<...:.i-'-'-'nq:i.:..h'------------

                     Business Ad.dress:                  · ·1301 E. Apple Avenue


                     Reason foir Review:

                     NewLke.nse               @              Transfer of Ownership                    D .Dan~e Permit D
                     DH"op/Addl Name on License                           •·                                           D
                                                                                                         Transfer Location

                     Drop/Add Stoclldnolder Name                          D              New JEnteir1tainme1mt Pen-mit D

                     Other --'-R=e=gu=e-=-st.;:_;i. .;.;.n. ;,. .q_.;;a'--n=e=w_S.;..;:D=D_l.;...;i...;;..ce=n=s--=-e_ _ _ _ _ _ _ _ _ _ _ __

                     DeadRine for receipt of aU information: _ _ _ _ _ _ _ _ __

                     Police Department Approved. [~] D enied                                  D      No Action Needed D

                     Income Tax                       Approved •                 Owing        D      Amount:

                     Treasun-eir                      Approved
                                                               •                 Owing        D      Amount:

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


          RE etfVcfct,n                            Compliance            0      Remaining Defects

                 MAY 11 2001
    MUSKEGON POLICE DEPT.
       CHIEF of POLICE
., (/1t~:·1
              \(:,   Depa.rtment Signature____/l.
                                              --'-,,,
                                                  Q-t-===--L__    V"'--Jfl_,
                                                             . _I ..... _ -1/_·_ ~___;;;..________
 ' ti!\                                                         (.J                            G     .2...<-    ul
•i /
      1
           MAY \ l 2~JI
,-J\L~. -                   .                                                             Gail A. Kundinger, City Clerk
                                                                                                               Liquor License Coordinator
                  MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                               LIQUOR CONTROL COMMISSION
                                       7150 Harris Drive
                                        P.O. Box 30005
                                 Lansing, Michigan 48909-7505

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



 Muskegon Police Department                                                May 2, 2001
 Chief of Police
 980 Jefferson Street
 P.O. Box 536
 Muskegon, Michigan 49443-0536                                             Request I.D.#126201


 Chief of Law Enforcement Office


 Applicant: BUNTY, INC. requesting a New Specially Designated Distributor license, to be located
 at 1301 E. Apple, Muskegon Michigan, 49442, Muskegon County, to be held in conjunction with
 proposed new Specially Designated Merchant license (Authorized 3-01-01 and Approved 4-25-01 ).

 Stockholder:

 Jaswinder Singh
 549 Marlane Street
 Muskegon, Michigan 49442

 Business Phone: (231)777-3696
 Home Phone:     (231)777-1250

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.

For.~ard your report and recommendations of the app!icant to the Licensing Division.

 [ X]   NO FINGERPRINTS NECESSARY

[ ] Please include fingerprint cards and $15.00 for each card,
    and mail to the Michigan Liquor Control commission.


If you have any questions, contact the Licensing Division at
(517) 322-1400.




jd
                                                   MICHIGAN DEPARTMENT OF ¢.OMMERCE
                                                      LIQUOR CONTROL COMMi°SSION


                                                                 RESOLUTION
                                                                  2001-80(.~)
 At a              Reg ul ar _____ meeting                          of the _ _ ____:. C__
                                                                                       i _,ty~C--o--m--m--i--=s--=s--i. ; .o--n________
                    (Regular. °' Special)                                                           {TOWNllip IINld. City ol Village Counclll


called to order by __M_a___y._o_r_.;. N;..;.i. ;;;.e_l.;;..se.;. n;.;. __ _ on        _ _J___u__l..._y_10_.1___,; ;. 2....00'--1___ at 5 : 30          P.M.

 the following resolution was offered:

         Moved by              Commissioner·Aslakson                             and Supported by                     Commissioner Schweifler

      That the re~uest from BUNTY, INC. requesting a New Specially Designated Distributor
license, to be located at 1301 E. Apple, Muskegon, Michigan 49442, Muskegon County, to
be held in conjunction with proposed new Specially Designated Merchant license (Authorized
3-1-01 and Approved 4-25-01).

         be considered for                    A roval

                                              Approval                                                       Disapproval

                                              Yeas:         6                                                Yeas:

                                              Nays:         'I                                               Nays:

                                             Absent: 0                                                       Absent:

        It is the consensus of this legislative body that the application be _ _Be_
                                                                                  <;.O.!!l~!ld.,._ed,.____                          (Recomm•ncled o,

         _ _ _ _ _ _ _ _ _ _ _ for issuance.
                       noc Aecom--)


State of Michigan )
County of Muskegon)                  SS

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--om_m_,--·s--s--i--=o__n__________                            at    a -----R~e:::..:91.::u~l~a:.:...r__________
                                                                                                                  (Re,illlat or Spec1a11




meeting held on the               10th of July, 2001.
                                                   (Daiei



                                                                                 (Signed)



                                                                                                 (lldLICANT INFORMATIC>N
               APPLICANT #1 :                                                                              APPLICANT #2:
                 JASWINDER SINGH

               HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                                    HOME ADDRESS AND AREA CODE/PHONE NUMBER:
                549 Marlane Str~et
                Muskegon, Micl,igan 49442
                ~ P. (2 1)7 -- 96 H P. (231 777-1250
                                                                                                                                                                            ,l
               DATE OF BIRTH:            2. 7..- £'/                                                       DATE OF BIRTH:
              If the applicant is not a U.S. Citizen:                                                      If the applicant is not a U.S. Citizen:
                 o Does the applicant have permanent Resident Alien status?                                   o Does the applicant have permanent Resident Alien status?
                          Yes •       No    •
                 o Does the applicant have a Visa? Enter status:
                                                                                                                   D Yes D No
                                                                                                               o Does the applicant have a Visa? Enter status:


              D_ate fingerprinted:          Al If                                                          Date fingerprinted:
                                          • Attach the fingerprit1J caret and_$1.5.00 tor ~ach card and.mail to-the·Uquor Control Commi_
                                                                                                                                       ssion.
\             ARREST RECORD:         0 Felony O Misdemeanor                                                ARREST RECORD: 0 Felony             O Misdemeanor
              Enter record of all arrests & convictions (attach a signed and                               Enter record of all arrests & convictions (attach a signed and
              dated report if more space is needed)                                                        dated report if more space is needed)




               Section 2.                                             Investigation ofBusiness·and Address to be Licen~ed
              Can living quarters be reached from the inside of the establishment without going outside?                                   D    Yes       ~ No
              Does applicant intend to have dancing or entertainment?
              ~li{]
                 No       D Yes, complet~_LC-693N, Police Investigation Report: Dance/Entertairiment Perrriit
              Are gas pumps on the premises or directly adjacent?                       ~     No       I   D       Yes, explain relationshipj



                                                       ·• Local'and ,Sta_
                                                                        te<<;odes and Ordinances; and Qeneral 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?   ~ Yes             No        D
              If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report If more space is needed)




              I Section4.                                                                   · Rec;ommendation                                                        "..


               From your investigation:
                  1. Is this applicant qualified to conduct this business if licensed?  Ii(] Yes           No                     D
                  2. Is the. proposed location satisfactory for this business?          ~ Yes              No                     D
                  3. Should this request be granted by th e Commission?                 12] Yes            No                     D
                  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)

                                                                                                                                      oj




                                                                                                                                                                  c:.. ,.:2 0 -c ,;
                                                                              Sign~{ure (Sherill or Chief of Po lice)                                                    Date

         LC· 1800 Rev. 06/97                                   (Mail white copy to the Commission, Keep yellow copy for your file)
                  MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                               LIQUOR CONTROL COMMISSION
                                        7150 Harris Drive
                                         P.O. Box 30005
                                 Lansing, Michigan 48909-7505
                             LOCAL GOVERNMENT 15-DAY NOTICE
                              [Authorized by MAC 436.1105 (2d)(3)]



 Muskegon City Council                                                         May 2, 2001
 c/o Gail Kundinger, Clerk
 933 Terrace Street
 P.O. Box 536
 Muskegon, Michigan 49443-0536                                                 Request I.D.#126201



 The Liquor Control Commission has received an application from: BUNTY, INC. requesting a New
Specially Designated Distributor license, to be located at 1301 E. Apple, Muskegon Michigan,
49442, Muskegon County, to be held in conjunction with proposed new Specially Designated
Merchant license (Authorized 3-01-01 and Approved 4-25-01 ).


 Stockholder:

Jaswinder Singh
549 Marlane Street
Muskegon, Michigan 49442

Business Phone: (231)777-3696
Home Phone:     (231)777-1250


Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.

For your information, part of the investigation of the application is conducted by the local law enforcement
agency and investigative forms will be released to them either in person or by mail.

Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise
licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of
this letter if the applicant location will not be in compliance with all appropriate state and local building,
plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.

All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable
in this case, with a copy of the law and/or ordinance submitted with notification.

PLEASE RETURN YOUR RESPONSE TO:

Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505


jd
                                                                                                                           MAY f O2001
                    LIQUOR LICENSE REVIEW FORM

Business Name: __:B=u=nt=y'-'-'---=-:.In=c--=-._ _ _ _ _ _ _ _ _ _ _ _ _ _ __

AKA Business Name (if applicable): · Dasmesh                                      Mart (Sunny Mart)


Operator/Manager's Name: ---=J=a=sw.:.....:i..:..:.n=de::..:..r--=-
                                                               S,;_;.n=q'
                                                                     ;· -'-h_ __ _ _ _ _ _ __

Business Address:                         ·1301 E. Apple Avenue




Reason for Review:
New License               @               'fira1msfer of Ownership                    D .Dan~e Permit D
Drop/Adld Name on License                              •                                          D
                                                                                        Transfer Location

Drop/Add Stoddnoldeir Name                              0              New Enteirtainment Peirmit D

Other _.....:.R-=e=q=ue=s...::.t..:.:.in.:. ;:iq.....:::..a. :.:n.: . ew:.:. . . : : S-=-DD=--:.1. .:. c=e=n-=-se=---------------
                                                                                                       i

Deadline fo.r .receipt of all1 information: _ _ _ __ __ _ __

Police Department Approved                             D      Denied         D      No Action Needed D

Income Tax                         Approved ~                  Owing         D      Amount: _ _ _ __

Treasuirer                         Approved
                                                       •       Owing        D       Amount:

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

Fire/Inspection                 Complian.ce            D       Remaining Defects
 Services




Department Signature_ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __


                                                                         Gail A. Kundinger, City Clerk
                                                                                             Liquor License Coordinator
                LIQUOR LICENSE REVIEW FORM                                                                 NAY 1 O2001

Business Name: ___;;Bc...::;u=n..:...ty'--'-'--=...:.In.:...::c....:...._ _ _ _ _ _ _ _ _ _ _ _ _ _ __

AKA Business Name (if applicable):                        Dasmesh Mart (Sunny Mart)


Operator/Manager's Name:                   --"J-=as=w'"""i-'-'-nd=e'-'-r_S;;;..;i"'"'n=ghc..:....__ _ _ _ __ _ __

Business Address:                  ·1301 E. Apple Avenue



Reason foir Review:

New License          @             Transfer of Ownership                   D .Dance Permit D
Drop/Add Name Ollll ]License                   •·                                           D
                                                                               Transfer JLocation

Drop/Adell Stockholder Name                    D              New Entell'tainmelllt Peirmit D

Other_~R=e=qu=e=s~t~in~q'-=-a~n=ew'"---=S=DD:;.._:,l....:...ic=e=n=se;;:.__ _ _ _ _ _ _ _ _ _ _ __


DeadH.l!lle for receipt of an information: _ _ _ _ _ _ _ _ __

Police Department Approved                    D Denied D                  No Action Needed                D
Income Tax                   Approved         • · owing D                 Amount:
  '
Treasurer                    Approved         [g/ Owing D                 Amount:

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

Fire/Inspection           Compliance          D      Remaining Defects
 Services




Department Signatu:re_:,_       ,~=
                      M_ ...-,,...,, ~-"'/'-____f~f_l!.-/c_,J_______
                                            (.,/'                     I    '

                                                               Gan! A. Kundinger, City Clerk
                                                                                   Liquor License Coordinator
               LIQUOR LICENSE REVIEW FORM

Business Name: ___;;Bc..;;;u.:..;_nt"""'y_,_,--=I=n....;;_c.;_•_ _ _ _ _ _ _ _ _ _ _ _ _ __

AKA Business Name (if applicable):                Dasmesh Mar t (Sunny Mart)


Operator/Manager's Name:                 Jaswi nder Si nqh

Business Address:           · ·1301 E. App 1e Avenue
                                                                     REeEI\/ED
                                                                             MAY 1 O2001

Reason for Review:                                                      'CITY OF MUSKEGON
                                                                      PLANNING DEPARTMENT
New License        @           T:ran11sfer of Ownership        D .Dance Peirmit D
Drop/Add Name on License                 D·                                   D
                                                                 Transfer Location

Drop/Add Stockholder Name                D           New Entertainment Permit D

Other       Request i nq a new SOD 1i cense


Dead!!i:ne for receipt of aU information: _ _ _ _ _ _ _ _ __

Police Department Approved               D   Denied      D    No Action Needed         D
Income Tax                Approved      •     Owing      D    Amount:

Tireasureir               Approved!
                                        •      D
                                              Owing           Amount:

Zoning                    Approved       ~eniedD              Pending ZBA         •
Clerk's                   Approved
                                        •      Owing    •      Amount:

Fire/Inspection        Compliance       D     Remaining Defects
 Services




Department Signature         ~d---------
                                                     Gali! A. Kundinger, City Clerk
                                                                     Liquor License Coordinator
                  LIQUOR LICENSE REVIEW FORM                                                           HAY 1 0 200!

Business Name: _             B--'-u_n.t...,___.__I'-'n_c_
                                                       . _ _ _ _ __ _ _ __ _ _ _ __

AKA Business Name (if applicable): ·                        Dasmesh Mart (Sunny Mart)


Operator/Manager's Name:                         Jaswi nder Si nqh

Business Address:                     1301 E. Apple Avenue                                 MA.Y 1 A 2001

                                                                                     CITY OF MUs1DC>
                                                                 3. Service Type           ~.~Y
                                                                                              O'f..~ 3Q02
                      /77/                                                rt'®!fl>i~ffi't,~""'1,"MMl.119
                                                                          9/~@eJ'A    ¢,   •'   Return Receipt for Merchandise
                                                                       Insured Mail        •    C.O.D.
                                                                 4. Restricted Delivery? (Extra Fee)             •   Yes

Article Number (Copy from service label) ;   .J




70oa                OS,?.o        001'(              3 7rJ 7         00/f,
Form 3811, July 1999                              Domestic Return Receipt                                     102595-00-M-0952


  bllJ/Tl.'FtJ/U1
   F AX/727-6904

  Finance                           Liquor Control Commission
  616/724-6713
  FAX/724-6768                      7150 Harris
                                    PO Box 30005
  Fire Dept.
  616/724-6792                      Lansing, MI 48909-7505
  FAX/724-6985

  Income Tax                        REF: #126201
  6 I 6/724-6770
  FAX/724-6768
                                         1301 E, Apple
                                         Muskegon,MI 49442
  Info. Systems
  616/724-6706
  FAX/722-4301                      To Whom It May Concern:
  Leisure Service
  616/724-6704                     Enclosed is the resolution and police inspection report (LC-1800) for the liquor
  FAX/724-1196
                                   license change request mentioned above,
  Manager's Office
  616/724-6724
  FAX/722-1214                     Please do not hesitate to call me at (231) 724-6705 if you have any questions,
  Mayor's Office
  616/724-6701                     Sincerely,
  FAX/722-1214

  Neigh. & Const.
     Services
  616/724-6715
                                 ~ ~
  FAX/726-2501                     Linda Potter
  Planning/Zoning                  Deputy Clerk
  616/724-6702
  FAX/724-6790
                                   Enc,
  Police Dept.
  616/724-6750
  FAX/722-5140

  Public \Vories
  616/724-4100
  F AX/722-4188

  Treasurer
  616/724-6720
  FAX/724-6768

  Water Billing Dept,
  616/724-6718
  FAX/724-6768

  Water Filtration
  616/724-4106
  FAX/755-5290                         City of Muskegon, 933 Terrace Street, P,O, Box 536, Muskegon, Ml 49443-0536
Date:      July 10, 2001
To:         Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:         Liquor License Request
            Flamingo II, 1163 E. Laketon, Muskegon, Ml




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from PNS#9, Inc. to transfer all
stock in the 2001 Class C licensed business by dropping Alfonso Loera,
deceased, as stockholder through transfer of his 10,000 shares of stock
to new stockholder, Anita Loera.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:            All Departments are recommending
approval.
Aflirm:1tive ,•\ct!on
2.J 1/7H-671l3
FA:\1722- 12 14

A SSl'~~ or
23 1/72 4-67(18
F,\:\1726-:i lR I

Ccnu •tcry
2J I/7H -1,783
F,\:\1726-56 17

Ci\'il Scrdn•
2) I /72-1-6 7 16
F.-\:\/724-H0,
                                                              West Michigan's Shoreline City

C l,• rk
1.J I/7H-6 7115
F.-\:\1724-4 178

                            June 20, 2001
23 I /724-(, 7 17
F.\:\ /72 6-2:ill I

Eugim·L•ri ug
                            To:             The City Commission tlu·ough the City Manager
23 1/724-67117
FA:\/727-l>'Jll4
                            From:
 Fi11:111n·
 2J l /72H,71J
                                             ntony L. Kleibecker, Chief of Police
 F.-\\/724-1,71,8

 Fil'l' lkpt.
                            Re:             Transfer of Stockholder at 1163 E. Laketon A venue
 23 1/724-67?2
 FA \/724-1,985

 l11c11111L'T:n
 23 1/724-6 7711
                            The Muskegon Police Department has received a request from the Michigan Liquor
 FA:\/7H-676X               Control Commission for an investigation from applicant PNS#9, Inc. They are
 Info. Systt•ms
                            requesting the transfer of all stock, (2001 Licensing year) in 2001 Class C-SDM licensed
 231/724-67~~               business with Official Permit (food), by dropping Alfonso Loera, who is now deceased,
 F.\X/722-rnll
                            as stockholder through transfer of his 10,000 shares of stock to new stockholder, Anita
 LL·isun· ScrvicL'
 23 I /71 4-67U4
                            Loera.
 FA:\/72 4- 11 96

 .\ l:111a)!L'r's Officl'
                            The listed location is that of Flaming II bar and restaurant. Anita Loera is the sister of the
 23 1/724-(,72~             deceased license holder and her father is the current owner.
 F.-\:\/722- 12 14

 \ l:iyor's Offin·          After a search of MPD records and a Michigan Criminal History Check was completed
 23 1/72~-6711 1
 FAX1722- 1214              we find no reason to deny this request.
 Nl'igh. & Const.
    S t•rvin·s
 23 1171~-67 l5
 FA\/72 6-15111
                            TK/cmw
  Pla1111i11g/Zo11in}!
  23 I /72~-6 702
  FAX/724-6790

  Po li n lh-p t.
  23 I /72 ~-r, 7511
  FA\:l722-:i1411

  Pu hlic \Vork~
  23 1/724- 4 11111
  F.-\.\/722- 4 188

  T rrasurcr
  23 I /724-6 7211
  FAX/724-6768

  Water Billi ng Dept.
  23 1/724-1,7 18
  FA:\/724-6768

  \\'a trr Fil1r.1 1io11
  2J 11724-4 106
  F.-\:\/7:i:i-529U

                                      City of M uskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
MEMO
To:    Chief Tony Kleibecker

From: Det. Kurt Dykman

Date: 3-13-00

Re:    Transfer of stockholder at 1163 E. Laketon Ave, Muskegon, Ml.



ChiefKleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant PNS#9, Inc. for transfer of all
stock (2001 Licensing year) in 2001 Class C-SDM licensed business with Official Permit
(food) by dropping Alfonso Loera, deceased, as stockholder through transfer of his
10,000 shares of stock to new stockholder, Anita Loera.

The listed location is that of Flaming II bar and restaurant. Anita Loera is the sister of the
deceased license holder and her father is the current owner.

After a search of MPD records and a Michigan Criminal History Check was completed I
find no reason to deny this request.

Respectfully submitted,



             .y~=-
      C.:~-~\~:)

Det. Kurt Dykman


data/common/Loera
                                                      STATE OF MICHIGAN
                                          DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                                 LIQUOR CONTROL COMMISSION


                                                                       RESOLUTION                                                REQ ID #                      125550
                                                                             ~OCJ /- f'O(q)

       Re_ g.. __u l_a_r_ _ _ _ __ _ _ _ meeting of the _ _ __C_i_t_y_C_om_m_,_·s_s_i_o_n_ _ _ __ __
At a ___
                   (Regular or Special)                                                                     (Township Board, City or Villago Council)



called to order by Mayor Niel sen                                                   on _~J=u..c.,lY~1~0_,_,~2~0~0_1_ _ at                 5 :30                    P.M.

The following resolution was offered:

Moved by Vice-Mayor Sieradzk i                                               and supported by __C_o_m_m_i_s_s_io_n_e_r_A_s_la_k_s_o_n_ _ __

That the request from PNS#9, INC . to transfer all stock (2001 licensing year) in 2001
Class C licensed business, located at 1161-1163 E. Laketon, Muskegon, MI 49442,
Muskegon County, by dropping Alfonso Loera, deceased, as stockholder through transfer
of his 10,000 shares of stock to new stockholder, Anita Loera.




be considered for                            A rova l
                                                                             (Approval or Disapproval)

                                   APPROVAL                                                               DISAPPROVAL

              Yeas:            7                                                                Yeas:

              Nays:            0                                                                Nays:

              Absent:              0                                                            Absent:

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

------------(R-,c-om-m-•nd-
                                   Recommended
                         ,d-or_no_t_Re-c
                                      om-m-,n-de-d
                                                 ) _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                                                                                                                 for issuance


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 -------=- it~y- C,_o,c--m_m....,i=
                       C....,                   s s_,_·o,...n_______ at a ___
                                                                            Re~g~u_l_a_r...,.,,.--,-----=-....,...,,..- - -- --
                                o,c,ea o, MCC, m.< ('ll
   To:       Muskegon Police Department                          Date: May 14, 2001
             Chief of Police                                     REF#:
             980 Jefferson Street                                REQ ID#:125550
             PO Box 536
             Muskegon, MI 49443-0536




   Chief Law Enforcement Officer

  Applicant:

   PNS#9, INC. requests to transfer all stock (2001 licensing year) in 2001 Class
   C-SDM licensed business with Official Permit (Food), located at 1161-1163 E.
   Laketon, Muskegon, MI 49442, Muskegon County, by dropping Alfonso Loera,
   deceased, as stockholder through transfer of his 10 1 000 shares of stock to new
   stockholder, Anita Loera.




  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 $15.00 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. 6/92
  4880-1658

  sfs
            LIQUOR LICENSE REVIEW FORM

Business Name: _    _____.E-1-l->.aA--'-'-m...,____,_/-'---~"=,(7;<-...._Q_    __,_/f?;..,_._.::..,..,s,,__i~C?_i.(..,_,//;'-.Ja.q_,,o....,,___,f'-------


AKA Business Name (if applicable):                                        --'-/_,_'.ll/--"----'5"-'<-_#____,4:..,....--=_j_==-
                                                                                                                            . . ,. ,.:. . .;_C;;___.
                                                                                                                                            /l      _ __


Operator/Manager's Name:

Business Address:                                          II?,?


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                               ~                          New Entertainment Permit                                           D
Other-------------------------

Deadline for receipt of all information: _ _ _ _ _ _ _ _ __

Police Department Approved                                D D~                                       No Action Needed D

Income Tax              Approved                         ~              Owing             D         Amount:

Treasurer               Approved
                                 •                                     Owing              D         Amount:

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

Fire/Inspection     Compliance                            D            Remaining Defects
  Services




Department Signature_ _ _ _ _ _ _ _ __ _ __ __ _ _ __


                                                                                     Gail A. Kundinger, City Clerk
                                                                                                                 Liquor License Coordinator
              LIQUOR LICENSE REVIEW FORM

Business Name:             Elarniyr'  &.sfczucoof
AKA Business Name (if applicable): -~/~;//
                                        ~ 5_ _#__,_4......--'_---'j_---.--,-/1_C_ . _ __
Operator/Manager's Name:

Business Address:                       I
                                            //& . ?


Reason for Review:

New License       D           Transfer of Ownership          D       Dance Permit        D
Drop/Add Name on License                D                                      D
                                                                 Transfer Location

Drop/Add Stockholder Name
                                       ~
                                       N              New Entertainment Permit D

Other - - - - -- -- - - -- - -- - - -- -- - --

Deadline for receipt of all information: __________

Police Department Approved              D Denied D           No Action Needed D

Income Tax               Approved       D Owing D            Amount:

Treasurer                Approved ~wing O                    Amount:

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

Fire/Inspection        Compliance      D       Remaining Defects
  Services




Department Signature. , ~                             ff    O)


                                                      Gail A. Kundinger, City Clerk
                                                                    Liquor License Coordinator
               LIQUOR LICENSE REVIEW FORM

Business Name: _         __,_£-l-l. .a,µrn'-'-'--'-'
                                     . . /zj'-L,,,;ie'-'o""--_.....,;&--'-"-',....,_S·4i-_e1.....      C.c.....=&2_,0
                                                                                                c....._/         -'-'l' ---   ---

AKA Business Name (if applicable): _..,.,__/_.,'._l//-"---"5-=<--_#__,_~-,--:_j_
                                                                             ="-'-/1_c_ . _ __

Operator/Manager's Name:

Business Address:                                      //&. '3


Reason for Review:

New License         D               Transfer of Ownership                                   D               Dance Permit          D
Drop/Add Name on License                              D                                            D
                                                                                               Transfer Location

Drop/Add Stockholder Name
                                                    ~
                                                    PJ                    New Entertainment Permit D
Other _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ __ _ _ __

Deadline for receipt of all information: ______ _ _ __

Police Department Approved                           D       Denied              D         No Action Needed D

Income Tax                 Approved •                          Owing             D         Amount:

Treasurer                  Approved
                                    •                          Owing             D         Amount:

Zoning                     Approved                ;g}         Denied D Pending ZBA                                           •
Clerk's                    Approved                  D          Owing           •           Amount:

Fire/Inspection         Compliance                   D         Remaining Defects
  Services




Department Signature             ~~                                       ~?"ef,..-~




                                                                            Gail A. Kundinger, City Clerk
                                                                                                           Liquor License Coordinator
            LIQUOR LICENSE REVIEW FORM

Business Name: _    ____,£--+-/--l,Q
                                   A--L-'-
                                      l(l ---'--'-1-"-
                                                   ·21~ t7
                                                        ~...._      _,__,_'-'-,S
                                                            a _ __,_&,         .,_"b
                                                                                  ........a.
                                                                                        cz_,_c£.1C.
                                                                                                 J.'---'a""--Lo..L. . .lf'. -------

AKA Business Name (if applicable):                       _....:...f...L1-"-----"
                                                                         /ll 5..£....__#--1....
                                                                                            4-r---=_i_
                                                                                                   =-.,
                                                                                                      ....:.../1
                                                                                                               ..;_C
                                                                                                                   ..;:;__
                                                                                                                        . _ __


Operator/Manager's Name:

Business Address:                              // ?,, f


Reason for Review:

New License   D               Transfer of Ownership                               D           Dance Permit                   D
Drop/Add Name on License                       D                                           D
                                                                                     Transfer Location

Drop/Add Stockholder Name                    ~                    New Entertainment Permit D

Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _ _ _ _ _ _ _ _ __

Police Department Approved                    D       Denied            D        No Action Needed D

Income Tax             Approved •                       Owing           D        Amount:

Treasurer              Approved
                                •                       Owing           D        Amount:

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

Fire/Inspection     Compliance                D         Remaining Defects
 Services




Department Signature_ __ _ _ _ _ _ __ _ _ _ _ _ __ __


                                                                    Gail A. Kundinger, City Clerk
                                                                                            Liquor License Coordinator
                LIQUOR LICENSE REVIEW FORM

· Business Name: _        ___,_£_ !__.a_ _rn
                                          . . . . . .---/,_,.        _ _._.lf?:~,. s. ._,_f-"'q.__...._u_,_
                                                         §},:;ae.....c2                                 /'.=u:_.O
                                                                                                                ....L-----,'f --_   _ __

 AKA Business Name (if applicable): --'-f_,_11/......._.,5"""-_#--<..4-.---:_:..)_
                                                                                :.,...,_;_/1_C
                                                                                 . . _ . _ __

 Operator/Manager's Name:

 Business Address:                                      I
                                                         II t;,?

 Reason for Review:

 New License        D                Transfer of Ownership ·D                                                Dance Permit               D
 Drop/Add Name on License                               D                                             D
                                                                                                   Transfer Location

 Drop/Add Stockholder Name                            ~                      New Entertainment Permit D
 Other _ _ _ _ _ _ _ __ _ _ __ __ _ _ __ _ __ __

 Deadline for receipt of all information: _ _ _ _ __ _ _ __

 Police Department Approved                            D        Denied  D                      No Action Needed D

 Income Tax                 Approved                   •          Owing D                      Amount:

 T reasurer                 Approved
                                                       •          Owing             D          Amount:

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

 Fire/Inspection         Compliance                   fl Remaining Defects
  Services




                                                                               Gail A. Kundinger, City Clerk
                                                                                                           Liquor License Coordinator
                                          STATE OF MICHIGAN
                              DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                      LIQUOR CONTROL COMMISSION
                                                     7150 Harris Drive
                                                      P.O. Box 30005
                                                  Lansing, MI 48909-7505


                                   LOCAL APPROVAL NOTICE
                                    (Authorized by MCL 436.1501(2) and MAC l 105(2)(d))




                                                                                          Ref#
                                                                                          Req ID#12ssso
Date:    May       14, 2001

To: Muskegon City Commission
    93 3 Terrace Street
    PO Box 536
    Muskegon, MI 49443-0536

Applicant: PNS#9, INC.
HOME ADDRESS AND PHONE NO,
Anita Loera, 1324 Eastwood Drive, Muskegon, MI H(231)777-4718/B(23 l )722-1679




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 6/98
4880-1234
Affirmative Action
616/72~-6·103
FAX/7f2-1214

Asses3or
616/724-6708
FAX/724-4178

Cemetery
616/724-6783
FAX/726-5617

Civil Service
616/724-6716
FAX/724-4055                                    West MicllDigan's Shoreline City

Clerk
616/724-6705
FAX/724-4178

Comm. & Neigh.
   Services
                      July 3, 2001
616/724-6717
FAX/726-2501

Engineering
616/724-6707
FAX/727-6904          Ms. Jacqueline Vines, President
                      East Muskegon Neighborhood Association
Finance
616/724-6713          217 4 Continental
FAX/724-6768
                      Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX/724-6985
                      Dear Ms. Vines:
Income Tax
616/724-6770          A request has been received from the Liquor Control Commission to transfer all
FAX/724-6768          stock in the 2001 Class C licensed business at 1163 E. Laketon (Flamingo II) by
Info. Systems         dropping Alfonso Loera, deceased, as stockholder through transfer of his 10,000
616/724-6706          shares of stock to new stockholder, Anita Loera. A Class C license permits the
FAX/722-4301
                      sale of beer, wine, liquor and mixed spirit drink for consumption on the premises.
Leisure Service
616/724-6704
                      On Tuesday, July 10, 2001, the City Commission will review this request and
FAX/724-1196          determine whether or not it should be recommended for approval.
Manager's Office
616/724-6724          You are being sent this notice because the City Commission would like to know
FAX/722-1214
                      how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office        they may have. You may send these comments to 933 Terrace, Muskegon, MI
616/724-6701
FAX/722-1214          49440 or attend the July 10, 2001, City Commission Meeting at 5:30 p.m. in the
                      Commission Chambers.
Neigh. & Const.
   Services
616/724-6715
FAX/726-2501
                      If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
616/724-6702
                      Sincerely,
FAX/724-6790

Police Dept.
616/724-6750
FAX/722-5140
                      Linda Potter
Public Works
616/724-4100
                      Deputy Clerk
FAX/722-4188

Treasurer
616/724-6720
FAX/724-6768

Water Billing Dept.
616/724-6718
F AX/724-6768

Water! Filtration
616/724-4106
F AX/75:5-5290          City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmative Action
616/724-6'703
FAX/7,22-1214

Asse,;sor
616/724-6708
FAX/724-41711

Cemetery
616/724-6783
FAX/726-5617

Civil Service
616/724-6716
F AX/724-4055                                   West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-41711

Comm. & Neigh.
   Services           July 3, 2001
616/724-6717
FAX/726-2501

Engineering
616/724-6707
FAX/727-6904          Ms. Anita Loera
Finance
                      1324 Eastwood Drive
616/724-6713          Muskegon, MI 49442
FAX/724-6768

Fire Dept.            Dear Ms. Loera
616/724-6792
FAX/724-6985
                      This letter is to inform you that your request to transfer ownership of the 2001
Income Tax
616/724-6770          Class C licensed business will be presented to the City Commission on July 10,
FAX/724-6768
                      2001. 'This meeting begins at 5:30 p.m. and is located in the Commission
Info. Systems         Chambers, 933 Terrace, Muskegon, MI.
616/724-6706
FAX/722-4301
                      This request has also been sent to the East Muskegon Neighborhood Association
Leisure Service
616/724-6704          for their comments. It is Commission practice to let the Neighborhood
FAX/724-1196          Association know of any liquor license requests that are located within their
Manager's Office      boundaries. This allows for comments from the people who live there and not
616/724-6724          just from the owners of the business' who are located there.
FAX/722-1214

Mayor's Office
616/724-6701
                      If you have any questions, please feel free to contact me at 724-6705.
FAX/722-1214

Neigh. & Const.
                      Sincerely,
   Services
616/724-6715
FAX/726-2501

Planning/Zoning
616/724-6702          Linda Potter
FAX/724-6790          Deputy Clerk
Police Dept,
616/724-6750
FAX/722-5140

Public Works
616/724-4I00
FAX/722-4188

Treasurer
616/724-6720
F AX/724-6768

Water Billing Depl.
616/724-6718
F AX/724-6768

Watd Filtration
616/724-4106
F AX/755-5290           City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
    Complete items 1, 2, and 3. Also complete
    item 4 if· Restricted Delivery Is desired.
    Print yQJJr P.a,, 1,2: a, 1d address on the reverse
                                                                     C. Signature
    so that we can return the card to you.
    Attach this card to the back of the mailpiece,                                                                   0   Agent
                                                                     X                                               D   Addressee
    or on the front if space permits.·
                                                                     D. Is delivery address different from !terp 1?  DYes
   Artlcle Addressed to:
                                                                        If YES, enter delivery address below:       D No


                                                                    I SCHUELLER

                                             MA1L &DEL\\Ji~f\\1 S
                                                                    "' J,J,~-            OF MICHIGAN
                                                                     3. Service Type
       l3ox            3   ()CIO   ~                                    ~ 'R3«!7'mJ1ail       D   Express Mail

  I     .
                                                              J L      ·o R'egfs~ered • Return Receipt for Merchandise
  _ ant.17f        1   /11) f J JO fl - 70O r,'                     1--~•!_ll~nsSlllur::,ed':'M~a:g_il=~
                                                                                                       • C°'.O':.D:'.:.·~-----;:~::---
                                                  POST Off.'\l®l!riff>lil)lierro{;                Ira Fee)           •   Yes
   Article Number (Copy from service labeQ        LA
     7000              o.,;-,;;..o        001'1             J 70        7            ff ,<,;2__3
  S Form 3811, Jµly 1999                        Domestic Return Receipt                                           102595-00·M-0952


     6I6/724-ii707
     FAX/727-6904

    Finance
    616/724-6713
                                      Liquor Control Commission
    F AX/724-6768                     7150 Han-is
    Fire Dept,
                                      POBox30005
    616/724-6792                      Lansing, MI 48909-7505
    F AX/724-6985

   Income Tnx                        REF: #125550
   616/724-6770
   FAX/724-6768                           1161 -1163 E. Laketon
   Info. Systems
                                          Muskegon,MI 49442
   616/724-6706
   FAX1722-4301
                                     To Whom It May Concern:
   Leisure Service
   616/724-6704
   FAX/724-1196                      Enclosed is the resolution and police inspection report (LC-1800) for the liquor
                                     license change request mentioned above.
  Manager's Office
  616/724-6724
  FAX/722-1214
                                     Please do not hesitate to call me at (231) 724-6705 if you have any questions.
  Mayor's Office
  616/724-6701                       Sincerely,
  FAX/722-1214

  Neigh. & Const.
     Services
  616/724-6715
  FAX/726-2501
                                   Linda Potter
 Planning/Zoning                   Deputy Clerk
 616/724-6702
 FAX1724-6790
                                   Enc.
 Police Dept.
 616/724-6750
 FAX/722-5140

Public Works
616/724-4100
FAX1722-4188

Treasurer
616/724-6720
FAX/724-6768

Water Billing Dept.
6 I 6/724-6718
FAX/724-6768

Water Filtration
616/724-4 I 06
F AX/755-5290
                                     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Date:     July 10, 2001
To:        Honorable Mayor and City Commissioners
From:      City Treasurer
RE:        Revenue/Collections Administrator Position




SUMMARY OF REQUEST:            To reclassify the current Deputy Treasurer position to
Revenue/Collections Administrator along with the salary pay range from range X to
range VIII of the non-represented employees' salary schedule.



FINANCIAL IMPACT:         Staff expects that the costs of the position changes will be
more than offset by:

       1) Reduction in accounts receivable days and improvement in the city's cash
          flow.

       2) Reduction in bad debts that are written off.

       3) Improved collections due to the knowledge of debtors ("slow-pays") that
          the City is focusing more attention to this area.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the request to reclassify the position.



COMMITTEE RECOMMENDATION:                The Civil Service Commission approved the
job description at their meeting on May 22, 2001.
                                                               City of Muskegon
                                                               Treasurer's Office



Memo
 To:       Mayor and City Commissioners

 From: Derrick Smith, City Treasurer
 Date:     June 27, 2001

 Re:       Revenue/Collections Administrator Position



 We are proposing to reclassify the Deputy Treasurer posttion in the Treasurer's Office to
 Revenue/Collections Administrator. A driving force behind the proposed change is the need to
 focus more attention to the City's accounts receivable area.       In fact, in reviewing the City
 Commission / Department Goals for 2000-2001, the proposed change would be in line w~h two of
 the goals.     The first goal which is to "continue efforts to improve the City's AIR (accounts
 receivable) collections by reducing AIR days and enhancing cash flow would be better served with
 the reclassified position.   The second goal to "implement an aggressive plan to reduce the
 delinquency rate on personal property taxes" would also be addressed by the proposed change.

 In 1997, the City offered an early retirement incentive program for certain non-union
 employees. At that time both the City Treasurer and the Water Billing Office Supervisor
 decided to accept the early retirement offer. With this, it was decided to consolidate the two
 separate offices and replace two management positions with a single department head. In
 addition, at that time it was decided that a recently vacated account clerk I position would
 remain unfilled due to staff cross training efficiencies expected to be gained. The net result
 was that two full-time positions were eliminated and personnel costs, along with total
 department costs, for the combined department have been much lower than before the
 restructuring.

 The Deputy Treasurer's position has been open since February 5, 2001. In order for the City
 to be more competitive in attracting qualified candidates to fill the new Revenue/Collections
 Administrator position, we are requesting that the salary range be approved at range VI 11 of
 the non-represented employees' salary schedule. The former Deputy Treasurer position was
 at range X of the non-represented employees' salary schedule.

 We believe that the proposed plan best serves the needs of the City while complimenting the
 other staff within the department. Please feel free to contact me should you have any
 questions regarding the requested change.
                                      CITY OF MUSKEGON
                                   *Proposed Job Description*


Job Title:               Revenue/Collections Administrator                 Position No.
Department:              Finance                                           Pay Grade: VIII
Reports to:              City Treasurer
FLSA Status:             Non-exempt
Prepared by:             Karen Scholle
Prepared date:           April 9, 2001
Approved by:
Approval date:

SUMMARY: Under the supervision of the City Treasurer, oversees customer service and
resolves customer complaints/concerns where Revenue Clerks are unable to reconcile the
dispute. Will follow up on delinquent property tax and utility accounts and make every effort to
collect these debts, including but not limited to small claims court filings, property tax liens, and
working with outside collection agencies.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. An employee in this
classification may be called upon to do any or all of the following essential functions. These examples
do not include all of the duties which the employee may be expected to perform. To perform this job
successfully, an individual must be able to perform each essential function satisfactory, with or without
accommodation.

1. General accounts receivable collections management.

2. Oversee the preparation of processing of service orders for various City services, including
   water turn-ens and turn-offs, new utility billing accounts, and discontinuance of accounts.

3. Approve extensions for utility customers.

4. Provide or coordinate customer service training for Clerks as needed.

5. Resolve customer complaints and answer questions/concerns where clerks are unable to
   reconcile the dispute.

6. Personal property tax collections.

7. Small claims court filings and appearances, when needed.

8. Report to credit reporting agencies/bureaus.

9. Ensure strict adherence to state and federal laws governing debt collection/bankruptcy.

10. Coordination with outside collection agencies used by the City.

11. Work with various City departments on collection issues.

12. Data reporting on collections.
Revenue/Collections Administrator Job Description
Page2


13. Property lien filing.

14. Performs related work as required.

SUPERVISORY RESPONSIBILITIES: Supervision of Revenue Clerks staff.

QUALIFICATIONS: The requirements listed below are representative of the
knowledge, skills, abilities, and minimum qualifications necessary to perform the
essential function of the position. Reasonable accommodations may be made to
enable individuals with disabilities to perform the job.

Education: BA/BS in Business Administration/related field and/or equivalent experience.

Experience: A minimum of two years of supervisory/management and collections experience,
PLUS experience working with credit reporting/collection agencies and the courts preferred.
Knowledge of state/federal laws concerning collections and bankruptcy.

Must possess excellent customer service and communication skills. Thorough knowledge of
accounting software, database operations, and records management essential.

CERTIFICATES, LICENSES, REGISTRATIONS: Valid Michigan driver's license with an
acceptable driving record.

PHYSICAL DEMANDS: The Physical demands described here are representative of those
that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform
the essential functions.

While performing the duties of this job, the employee regularly is required to sit, reach with
hands and arms, and use hands to finger, handle, or feel. The employee occasionally must
travel to other locations and lift and/or move items of moderate weight. Specific vision abilities
required by this job include close vision and distance vision.

WORK ENVIRONMENT: The work environment characteristics described here are
representative of those an employee encounters while performing the essential functions of
this job. Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.

The noise level in the work environment is typical of an office environment where the noise
level is usually moderate.
                   Commission Meeting Date: July 10, 2001




Date:         June 25, 2001
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development Ll)V
RE:           Public Hearing • Request for an Industrial Facilities
              Exemption Certificate - Bekaert Corporation


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, Bekaert Corporation, 2121 Latimer,
Muskegon, Michigan, a plant that fabricates high tech mechanical spring wire, has
requested the issuance of an Industrial Facilities Exemption Certificate. Total capital
investment for this project is $233,000 in real property and $2,999,364 in personal
property for a total of $3,232,364. The project will result in the creation of 3
employment opportunities while retaining 6 jobs. Bekaert's current workforce is 73.

FINANCIAL IMPACT:

The City will capture certain additional property and income taxes generated by the
expansion.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of 12 years for real property and 6 years for personal property.

COMMITTEE RECOMMENDATION:

None




6/25/2001
                                           Resolution No. 2001-81 (a)

                                      MUSKEGON CITY COMMISSION

                       RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                        OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                       Bekaert Co,poration

WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
     October 13, 1992, this Commission by resolution established an Industrial Development
     District #92-125(b) as requested by Bekaert Corporation, 2121 Latimer Drive, Muskegon,
     Michigan, 49442; and

WHEREAS, Bekaert Corporation has filed an application for the issuance of an Industrial Facilities Tax
     Exemption Certificate with respect to a new machinery and equipment to be installed within the
     Industrial Development District #92-125(b); and

WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
     July 10, 2001 at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the
     applicant, the assessor and representatives of the affected taxing units were given written notice
     and were afforded an opportunity to be heard on said application; and

WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
     June 9, 2001, the date of the acceptance of the application for the issuance of an Industrial
     Facilities Tax Exemption Certificate; and

WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
     likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and

WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
     Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
     SEV of personal and real property thus exempted.

NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
      Muskegon, Michigan that:

          1) The Muskegon City Commission finds and determines that the Certificate considered
             together with the aggregate amount of certificates previously granted and currently in force
             under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
             of 1978 as amended shall not have the effect of substantially impeding the operation of the
             City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
             valorem property taxes in the City of Muskegon.

          2) The application of Bekaert Corporation, for the issuance of an Industrial Facilities Tax
             Exemption Certificate with respect to installation of new machinery and equipment on the
             following described parcel of real property situated within the City of Muskegon Industrial
             Development District# 92-125(b) to wit:

              PORT CITY INDUSTRIAL CENTER NO 3 LOTS 36 & 37




6/25/01                                                                                                    2
          3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
             and effect for a period of twelve (12) years on real and six (6) years on personal property.


Adopted this 10th Day of July 2001

Ayes:     Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler

Nays:     None

Absent:     None




I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a egular meetin held on July 10, 2001.




6/25/01                                                                                                 3
                             City of Muskegon
                             Industrial Development District
                             Summary Sheet


Company Summary:
        Bekaert Corporation of 2121 Latimer Drive has requested an Industrial Facilities
Exemption Certificate. Bekaert is installing $233,000 in real property, $2,999,364 in personal
property and is adding 3 new employees. Bekaert Corporation engages in the fabrication of high
tech mechanical spring wire. Bekaert Corporation has historically been a stable company and
employer for the Muskegon area.

Employment Information:
       Racial Characteristics:
                      White                     65
                      Minority                      8
                      Total                     73

       Gender Characteristics:
                     Male                       62
                     Female                     11
                     Total                      73

       Total No. of Anticipated New Jobs:       3

Investment Information:
       Real Property:                           $ 233,000
       Personal Property                        $2,999,364
       Total:                                   $3,232,364

                                                                           \
Property Tax Information: (Annual)
       Total New Taxes Generated                $87,274
       Value of Abatement                       $43,637
       Total New Taxes Collected                $43,637

Income Tax Information: (Annual)
       Total Additional Income Tax Generated:        $939

Company Requirements:
       Adopted Affirmative Action Policy                     ;81     Yes       D   No
       Meeting w/ City Affirmative Action Director            )?!(__ Yes       D   No
       Signed Tax Abatement Contract                         ::g. Yes          D   No
       Taxes Paid In Full                                     ~ Yes            D   No
       Appropriate Zoning                                    ~ Yes             D   No




:~~
Business Development
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Date:      June 11, 2001
To: Mayor and City Commission
From: Robert Kuhn, Director of Public Works
Re: Sister City Representation - Kamasi Ghana



SUMMARY OF REQUEST: Director of Public Works, Robert Kuhn is
scheduled to be part of a mission trip to Kamasi Ghana in September
2001. He is requesting permission to represent the City of Muskegon for
the purpose of discussing the possibility of a future Sister-City
relationship between Muskegon and Kamasi.

FINANCIAL IMPACT: None




BUDGET ACTION REQUIRED: None




STAFF RECOMMENDATION:




COMMITTEE RECOMMENDATION:
Bryon Mazade                                         June 5, 2001
City Manager

Fred Nielsen
Mayor
And City Commissioners

RE: Kamasi Ghana
Sister City Program

In September of this year I will be venturing to Kamasi Ghana on a mission trip through
my church. (Crosswinds Fellowship of North Muskegon). I will be the program
coordinator for this trip that includes the construction of two houses with Habitat for
Humanity International, as well as an immunization support program with the major
hospital in Accra Ghana (national capitol). We will also be establishing a distribution
center in Kamasi for the future distribution of donated clothing and materials. Our contact
in Ghana has arranged for me to meet with my Public Works counterparts in the Kamasi
reg10n.

Recently there has been much interest regionally in pursuing the feasibility of obtaining
Sister City status with Kamasi Ghana and the Muskegon area. The Sister Cities group is
seriously considering sending a representative with our contingent.

I am requesting the City Commission's approval to allow me to represent the City of
Muskegon ifwe are able to arrange a meeting with the Kamasi Metropolitan Agency. I
will discuss with them the potential of establishing a Sister-City relationship with
Muskegon.

With the City of Muskegon's Afro-American population increasing to over 31 % in the
2000 census, a cultural relationship with Ghana would get much support within our
community. In addition, there are other things coming together with this mission trip that
could very well bring national attention to Muskegon. At this time I am not at liberty to
elaborate on the specific details.

I am personally very excited about this trip and its potential for both Muskegon and the
city ofKamasi. I will be present at the City Commission meeting to answer any
additional questions. I can assure you that I am willing to do everything I can to represent
my city with pride.

Sincerely;


Robert H. Kuhn
Director of Public Works
City of Muskegon Michigan
            ~MICHIGAN
             MUNICIPAL
                                    OFFICIAL NOTICE TO MEMBER CITIES AND VILLAGES
                                    OF THE MICHIGAN MUNICIPAL LEAGUE
                                                                                                             June 22, 2001




          1-tt\f.i$~~~~             (Please present at the next Council or Commission Meeting)
                   President
           CHARLES SMILEY           Dear Official:
                   Mayor, Burton
                                    The annual meeting of the members of the Michigan Municipal League will be held
            Vice President          in Battle Creek, September 12-14, 2001. The business session is scheduled for
             JEFFREY FITCH          10:30 a.m. on Wednesday, September 12, at the McCamly Plaza Hotel. The
      Village President, Kalkaska
                                    meeting will be held for the following purposes:
                    Trustees
MARGARET 'PEGGI' ARNOLD                       1.         Election of Trustees. To elect six members of the Board of Trustees
              Mayor, Manistique                          for terms of three years each .
           KENNETH BABICH
                 Mayor, Marlette              2.         Policy. To vote on statements of policy and resolutions properly
    FRANKLIN L. CAMPBELL                                 brought before the annual meeting.
                Mayor, Hastings

    C. D. 'AL' CAPPUCCILLI                    3.         Other Business. To transact such other business as may properly
                 Mayor, Monroe                           come before the meeting .
             HAROLD DRAKE
     Village President, Ravenna ,                                      Designation of Voting Delegates
           MYRON -FRASIER \_
    Council President, Southfield   Pursuant to the provisions of the League Bylaws, you are requested to designate
                                    by action of your governing body one of your officials who will be in attendance at
          FREMAN HENDRIX
          Deputy Mayor, Detroit     the Convention as your official representative to cast the vote of the municipality
                                    at the annual meeting, and, if possible, to designate one other official to serve as·
    PATRICIA KILLINGBECK
          City Manager, AuGres      alternate. After taking this action, please return the enclosed reply card no later
                                    than August 22, 2001 .
              KURT KIMBALL
    City Manager, Grand Rapids
                                    In connection with the designation of an official representative of the member to
    GEORGE KORTHAUER
        City Manager, Petoskey      the annual meeting , your attention is invited to the following provisions of the
                                    Bylaws of the Michigan Municipal League:
          KATE LAWRENCE
                Mayor, Brighton
                                              "Section 4.4 - Votes of Members. Each member city and village shall be
            JAMES LEIDLEIN
   City Manager, Harper Woods
                                             equally privileged with all other members in its voice and vote in the
                                             election of officers and upon any proposition presented for discussion or
            CAROL SHEETS
      Mayor Pro Tern, Wyoming
                                             decision at any meeting of the members. Honorary members shall be
                                             entitled to participate in the discussion of any question, but such members
   ROBERT SLATTERY, JR.                      shall not be entitled to vote. The vote of each member shall be cast by its
           Mayor, Mount Morris
                                             official representative attending the meeting at which an election of officers
          JOEL THOMPSON                      or a decision on any proposition shall take place. Each member shall, by
                 Mayor, Otsego
                                             action of its governing body prior to the annual meeting or any special
      MICHAEL USKIEWICZ                      meeting, appoint one official of such member city or village as its principal
       City Manager, Escanaba
                                             official representative to cast the vote of the member at such meeting, and
    Executive D irector
                                             may appoint one official as its alternate official representative to serve in
    GEORGE D. GOODMAN                        the absence or inability to act of the principal representative. "

                                                                      A member of the National League of Cities
      Web Address                       Headquarters Office                        Lansing Office                       Northern Field Office
        www.mml.org                  1675 Green Road, P.O. Box 1487        320 N. Washington Square, Suite 110             8925 Garden Road
                                        Ann Arbor, Ml 48106-1487                 Lansing, Ml 48933-1288                  Garden, Ml 49835-9270
                                          Phone: 734-662-3246                     Phone: 517-485-1314                     Phone: 906-644-2299
                                           Fax: 734-662-8083                       Fax: 517-372-7476                       Fax: 906-644-2298
PLEASE RETURN BY AUGUST 22. 2001
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:

Name _ _F_r_e_d_J_._N_i_e_l_s_e_n_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title ___M_a~o_r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Our alternate official representative will be:
Name        Clara Shepherd
Title       Cammi s s i oner
Official action of governing body on             Ju 1 y 10, 2001
                                                             (date)

Submitted by      ~eu.L,
                    in
                            Q.
                     I A. kundTriger,Citcterk
                                                   .
Municipality     City of Muskegon
Date:      6/29/2001
To:        Honorable Mayor and City Commission
From:      Kelly Defrench, Public Works Supervisor
RE:        Large Meter Replacement




SUMMARY OF REQUEST: To Approve the proposal with Metron Farnier to
replace 400 large meters 1 1/2 inch through 8 inch at the cost of $946,798.00



FINANCIAL IMPACT: $ 946,798.00 Water/ Sewer Fund



BUDGETED-: None



BUDGET ACTION REQUIRED: Initial cost will be made with cash on hand
from water and sewer funds. A budget adjustment will be made during the
second quarter budget reforecast. The meter replacement program is expected
to pay for itself with recovered revenue in two to five years



STAFF RECOMMENDATION: To approve the proposal from Metron Farnier to
replace 400 Large meters at the cost of$ 946,798.00
Memorandum
To:    Bob Kuhn, Director of Public Works
Cc:    Tim Paul, Ken Meyer, Derrick Smith
From: Kelly DeFrench, Public Utility Supervisor
Date: 06/28/0 I
Re:    Large Meter Replacement Proposal



As you know we have been installing Metron single jet water meters for commercial
use for about 3 years now. Until this type of meter was introduced, we have had to
use compound and turbine type meters for services 2" and larger, with turbine
meters primarily used for irrigation. Compound meters measure a wide range
initially, but are not as accurate as single jet meters and require extensive
maintenance over time. Turbine type meters are more reliable than compound
meters, but they do not cover a wide range of flow as the single jet type
manufactured by Metron.

We have Eighty (80) new Metron meters currently in our system. We performed a
revenue analysis by comparing revenues collected from Twelve (12) of these new
Metron meters, with revenue generated from the old meters. In order to do a fair
comparison, figures were used from the same months for adjacent years. The results
were quite significant. The report (see attached) reveals a projected increase in
revenue of $94,320 in one year for these twelve meters

Metron Farnier sent a proposal to replace 400 of our large meters 1/1/2 - 8" at a cost
of $946,798.00. The turnkey project cost of $946,798 includes meters and
appurtenances, installation and drive by radio AMR hardware and software. The
cost of the meter replacement proposal includes changing out 2 master meters for
the City of Roosevelt Park and I master meter for the City of North Muskegon.

Agreements that we have in place with both communities provide for reimbursement
to the city for replacement of master meters. The replacement cost for Roosevelt
Park would be$ 20,970.00, and $9,000.00 for the City of North Muskegon. The
total recovered amount of$ 29,970.00 from both communities would put our actual
cost for the project at $916,828.00.



                                                                                         1
                                                                             June 28, 2001



Results of our "12" meter study" indicate an apparent payback time of3 months.
While this payback would not hold true for all meters, a payback time for the entire
system of about two (2) years does seem realistic. Metron estimates the replacement
of the 400 large meters will yield a revenue increase of at least$ 395,000 per year.
At the project cost of$ 946,798, this would yield a payback of just over two (2)
years.



Performing the large meter replacement program with city forces would overextend
our staff and delay implementation of this money saving effort. Changing out large
meters can be risky, old pipes can break causing extensive damage to property and
could result in personnel injury. Older large meters are extremely heavy and difficult
to move. 4" compound meters weigh between 500 and 700-lbs. 6" compound meters
weigh between 800 and I 000 lbs. Depending on manufacturer. Getting these out of a
building or vault can be quite a task and back injuries are highly probable. We
believe that these risks to our employees, together with the delay in implementing
this revenue producing measure justify completing the meter installation under
contract.

Representatives from Metron estimate that the replacement of the 400 large meters
will take approximately ninety days. To insure that our installation standards and
specifications are followed, Ron Archer and Matt Holmes of our department would
supervise the installation.




                                                                                         2
Muskegon, Ml                                                                                                                                Meter Analysis ·




                                                     Metron Meter Comparison


         $25,000
         $24,000
         $23,000
         $22,000                          Revenue Recovery Window
                                                                                                                                                ,,
                                                                                                                                                             -
                                                                                                                                                             -
         $21,000                             12 Meters Compared                                                                                              -
         $20,000                                                                                                                                             -
         $19,000                    Water Recovered by Metrons: 34,890 CCF                                                                                   -
         $18,000                    Revenue Recovered by Metrons: $94,320                                                                                    -
         $17,000                           Total Meter Cost: $21,377                                                                                         -
    EIGHTY AND 001100 DOI.I.ARS ... ($4K,ml0.!MlJ                                                  O•
       the (oUowlng described prenibe., iiltua1ed In
          THE CITY OJ: MUSKEGON. COUNTY 01: MtlSKEGEI> IN l.llmR J OF
         Pl.ATS ON PAGE 71. MUSKEGON C'OIINTY KEl.'ORl>S
         P.P. # 6l•tl •l0-281H)IK 1ns11n1
         SUBJECT TO liASl:MliNTS. Rl'.Sl!RVATll>NS, RESTRIC""fl l.lMITATU>NS 111: RH"IJRD, IF ANY.


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       o/lS'TED BY:                                           MY COMMISSION F.XPIRE..li: OS/11/98

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                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          May 4, 2001

To:            Daryl Jefferson, 1252 Adams, Muskegon MI 49442
               Owners Name & Address

               Ford Consumer Finance Company, Inc., 2 Armstrong Rd, Shelton CT 06484
               Name & Address of other interested parties

                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 186 & 186 ½ Strong Ave. all in Muskegon, Michigan, shall be demolished for the reason that
the said structure or structures are found, based upon the evidence before the Board of Appeals,
to be dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the structure(s)
within 30 days from the final determination to concur and demolish, if it is made, by the City
Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the
City Commission.

        The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.




                                                            'I




F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

        Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director oflnspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission has,  0




considered the record and this order, and has concurred.

       The City Commission may concur with this order, or disapprove or modify the order.




                                                 ert B. Grabinski, Fire Marshal/Inspections Dept




F:IINSPECTIONSIEVERETnWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: April 20, 2001

Address of the Property:      186 & 186 ½ Strong, Muskegon, Michigan

Description of the Structure: Lot 10 Blk 392

TO:    Daryl & Lesia Jefferson 1252 Adarris. Muskegon MI 49442
       [Name & Address of Owner]

       Ford Consumer Finance Company Inc .• 2 Armstrong Rd .• Shelton CT 06484
       [Names & Addresses of Other Interested Parties)

       Please take notice that on May 3, 20..Ql., the City of Muskegon Housing Board of
Appeals will hold a hearing at S:30 p.m, and at the said hearing consider whether or not the
following structure should be determined to be dangerous, substandard and a nuisance, and
demolished, or repaired.

       The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on February 27. 2001.

        At the hearing on Thursday, May 3. 2001, at 5:30 p.m., at the Muskegon City Hall,
933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence
to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show
cause why the structure should not be allowed or ordered demolished.

                                     CITY O~~KEGON INSPECTION DEPARTMENT,
                                     ONB H A L F ~ i ~ ~ P E A L S
                                     By_ ____,,___ _ _ _ _ _ _ _ _ _ _ __
                                        Robert    . Grabinski, Fire Marshal/Inspection Services




F:IINSPECTIONSIEVEREmWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
                                              CITY OF MUSKEGON

              NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH} A STRUCTURE

           DATE:         2/27/01

      · Address of the Property:        186 Strong. Muskegon, Michigan
       '
           Description of the Structure: Lot 10, Block 392

       TO:         Daryl & Lesia Jefferson, 1252 Adams, Muskegon MI 49442
                   [Name & Address of Owner]

                   Ford Consumer Finance Company Inc, 2 Armstrong Rd. Shelton CT 06484
                   [Names & Addresses of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has determined that the
       structures above described are dangerous, substandard, and constitute a nuisance in violation of
       the Dangerous Buildings Ordinance of the City.

                You are hereby notified that the City will proceed to demolish or cause the demolition and
       removal of the said structure unless you accomplish the actions indicated below within the time
       limits indicated (only one to be checked):

                   1.    X      Obtain the issuance of all permits required to accomplish the repair of the
                                structure defects listed in the attached schedule within 30 days of this
                                notice. All repairs shall be accomplished within the times set forth in the
                                permits. All work must be physically commenced within 30 days of the
                                date of this notice.

                   2.           Obtain the issuance of the appropriate permit for the demolition of
                                structures within 30 days, and accomplish the demolition thereof within
                                60 days of this notice.

        The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in
the attached schedule.




       F:\Inspections\Everett\WORD\STANDARD FORMS\Inspections Department Notice and
       Order.doc ·

                                                     Page l of3
                                                                          f

                                   FAILURE TO COMPLY

        After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to ~how cause why the structure shall not be ordered
demo~hed.                                                                                          ..,_,


                               SCHEDULE OF CONDITIONS

        The following conditions are present at the structure at 186 Strong . Muskegon, Michigan, and cause
said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report

                                                   CITY O.-F----.SKEGON INSPECTION DEPARTMENT


                                                   By_ _ __,__ _ _ _ _~~~~-~~---
                                                     Robert . Grabinski, Fire Marshal
                                           MICHIGAN DEPARTMENT OF STATh
                                             Candice S. Miller, Secretary of State
                                                Lansing, Michigan 48918-0001

                                         STATE HISTORIC PRESERVATION OFFICE
                                                 Michigan Historical Center
                                                  717 West Allegan Street
                                                Lansing, Michigan 48918-1800

May 8, 2001

INSPECTION SERVICES
CITY OF MUSKEGON
933 TERRACE STREET
POBOX536
MUSEKGON MI 49443

RE:       ER-96-169        Demolition of 186 Strong, Muskegon, Muskegon County (HUD)

Dear Inspection Services:

Under the authority of Section 106 of the National Historic Preservation Act of 1966, as amended, we
have reviewed the above-cited undertaking at the location noted above. Based on the information
provided for our review, it is the opinion of the State Historic Preservation Officer (SHPO) that the
proposed undertaking will have an adverse effect on 186 Strong, a contributing structure to the Campus
Historic District Extension, which appears to meet the criteria for listing in the National Register of
Historic Places.

This undertaking meets the criteria of adverse effect because: the undertaking may alter, directly or
indirectly, any of the characteristics ofa historic property that qualify the property for inclusion in the
National Register in a manner that would diminish the integrity of the property's location, design, setting,
materials, workmanship,feeling, or association [36 CFR § 800.5(a)(l)J Specifically, the undertaking
will result in:

•     Physical destruction of or damage to all or part of the property.

The finding of adverse effect will prompt HUD, hereinafter referred to as "Agency", to consult further to
resolve the adverse effect pursuant to 36 CFR § 800.6 by proceeding with the following steps:

(!) Per 36 CFR § 800.6(a), the Agency shall continue consultation with the SHPO and other consulting
parties to develop and evaluate alternatives or modifications to the undertaking that could avoid,
minimize or mitigate adverse effects on historic properties. The Agency shall submit a case study
outlining these efforts for review by the SHPO.

(2) In accordance with 36 CFR § 800.6(a)(4), the Agency shall make information regarding this finding
available to the public, providing the public with an opportunity to express their views on resolving
advers.1; effects of the undertaking. Pursuant to 36 CFR § 800.1 l(e), copies or summaries of any views
provided by consulting parties and the public shall be made available to the SHPO as part of the case
study outlined in (1).
(3) Th_e Agency shall immediately notify the Advisory Council on Historic Preservation (Advisory
Council), Old Post Office Building, 1100 Pennsylvania Avenue, NW, Suite 809, Washington, D.C.
20004, of the adverse effect finding per 36 CFR §_ 800.6 (a)(l). The notification to the Advisory Council
should be similar to the proJect mformalton submitted to this office and should include the following
documentation as outlined in 36 CFR § 800.1 l(e).

•   A description of the undertaking, specifying the federal involvement, and its area of potential effects
    including photographs, maps and drawings, as necessary.                                                 '

•   A description of the steps taken to identify historic properties.

•   A description of the affected historic properties, including information on the characteristics that
    qualify them for inclusion in the National Register of Historic Places.

•   A description of the undertaking's effects on historic properties.

•   An explanation of why the criteria of adverse effect were found applicable or inapplicable, including
    any conditions or future actions to avoid, minimize or mitigate adverse effects.

•   Copies or summaries of any views provided by consulting parties and the public.

(4) The Agency shall invite the Advisory Council to participate in consultation if the undertaking will
affect a National Historic Landmark, if a Programmatic Agreement will be developed as a result of the
finding of adverse effect, or if the Agency wants the Advisory Council to participate in consultation. The
Advisory Council will advise of its decision to participate in consultation within fifteen (15) days of
receipt of this notification or other request. If the Advisory Council chooses not to participate in
consultation, the Agency shall resolve the adverse effect without Advisory Council participation and
pursuant to 36 CFR § 800.6(b)(l).

( 5) If the Agency, the SHPO and, if applicable, the Advisory Council agree on how the adverse effects
will be resolved, they shall execute a Memorandum of Agreement (MOA) pursuant to 36 CFR § 800.6(c).

(6) If the Agency and the SHPO fail to agree on the terms of the MOA, the Agency shall request the
Advisory Council to join the consultation. If the Advisory Council decides to join the consultation, the
Agency shall proceed in accordance with 36 CFR § 800.6(b)(2). If the Advisory Council decides not to
join the consultation, the Advisory Council will notify the Agency and proceed to comment in
accordance with 36 CFR § 800.7.

The views of the public are essential to informed decision making in the Section I 06 process. Federal
Agency Officials or their delegated authorities must plan to involve the public in a manner that reflects
the nature and complexity of the undertaking, its effects on historic properties and other provisions per
36 CFR § 800.2(d). We remind you that Federal Agency Officials or their delegated authorities are
required to consult with the appropriate Indian tribe and/or Tribal Historic Preservation Officer (THPO)
when the undertaking may occur on or affect any historic properties on tribal lands. In all cases,
whether the project occurs on tribal lands or not, Federal Agency Officials or their delegated authorities
are also required to make a reasonable and good faith effort to identify any Indian tribes or Native
Hawaiian organizations that might attach religious and cultural significance to historic properties in the
area of potential effects and invite them to be consulting parties per 36 CFR § 800.2(c).
                                                                              )




Please note that the Section I 06 process will not conclude according to 36 CFR § 800."6 "Resolution of
Adverse Effects" until the consultation process is complete, an MOA is developed, executed and
implemented, and, if applicable, the formal comments of the Advisory Council have been received.

The State Historic Preservation Office is not the office of record for this undertaking. You are therefore
asked to maintain a copy of this letter with your environmental review record for this undertaking. If the
scope of work changes in any way, or if artifacts or bones are discovered, please notify this office
immediately.

If you have any questions, please contact Elizabeth Szufuar, Environmental Review Assistant, at
(517) 335-2723. Please reference our project number in all communication with this office
regarding this undertaking. Thank you for this opportunity to review and comment, and for your
cooperation.

Sincerely,'



J.::::::,~/1
State Historic Preservation Officer

BDC:EAS

copy:     Advisory Council on Historic Preservation
          Les Berman, HUD




        '-,..
                                                             f


                               CITY OF MUSKEGON

                    DAI\GEROUS BUILDING INSPECTION REPORT

                                    186 STRONG
                             Both Fro11t & Back dwelli11gs
                                        2(19/01


Inspection noted:

1.     Home is partially boarded up·. Back home is open.
2.     Roof systems on both homes are in need of repair and/or replacement; fascia
       rotting; Cornice repair needed, soffit repair needed.
3.     Both home in need of exterior siding protection; scrape and paint or new siding;
       window frames need maintenance.
4.     Broken out windows.
5.     Interior inspection required on both homes by the Inspection Services Dept. Trade
       Inspectors. (Plumbing, mechanical, electrical and building)


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




F:\lnspections\Everett\WORD\DANGEROUS BUILDING INSPECTION REPORTS\186 Strong.doc
    HBA Minutes 5/0 I



    #01-004- 2130 W. Sherman - Delbert & Jean Esh, 2650 Regent, Muskegon
(   Ml 49441
    History: Grabinski stated that this was a house that was brought to us by our
    housing inspector in that area. We have had a change in ownership. This guy
    Mr. Esh said that he was going to fix it. Since that time nothing has happened, I
    went out there today, there's walls torn down inside, the garage is wide open the
    roof is still deteriorated and the reason we went out there the first time is because
    it smelled of cats. It still smells of cats bad.                                 •,,,

    Staff recommendation: Declare the structure a dangerous building, substandard
    unsafe a public nuisance and forward the case to the city commission for their
    concurrence.

    Motion: John Warner, supported by Jerry Bever, made a motion to accept staffs
    recommendation and forward the case to the city commission for their
    concurrence.

    A roll cal vote was taken:

    AYES:                 NAYES:              EXCUSED:             ABSENT:
    Greg Borgman                              Fred Nielsen
    John Warner                               Nick Kroes
    Randy Mackie                              Clint Todd
(   Jerry Bever

    The motion carried.

    Case# 01-0015 -186 & 186 ½ Strong - Daryl Jefferson, 1252 Adams,
    Muskegon Ml 49442
    Owner or Representatives presentation: The owner or representative was not in
    attendance.

    Staff History: Pictures were passed around to the members of the Board. This
    case consists of two structures on the same property. The pictures are from 186
    ½, which sits on the alley side of this house. The front house is boarded
    however that one still remains unboarded at this point. The owner has a couple
    more days before the City will enter on the property and Board it. There has
    been no contact from the owner. Commissioner Shepherd and some
    neighborhood residents had brought this property to the attention of the
    Inspection Department. According to the commissioner and the neighbors, 186
    ½ is being used for drug activity. The evidence at the structure proves that that
    is probably the case. The same thing with 186 however we have not boarded
    that one. There has been no contact with the owner or a representative.

    Staff Recommendation: To declare the structure unsafe, substandard, a public
    nuisance and forward the case to the City Commission for concurrence.



                                          14 ofl5
    HBA Minutes 510 I




    Motion: Randy Mackie, supported by John Warner, made a motion to declare
    the structure substandard, unsafe, a public nuisance and forward to the city
    commission for concurrence.

    A roll cal vote was taken:

    AYES:                 NAYES:              EXCUSED:             ABSENT:
    Greg Borgman                              Fred Nielsen
    John Warner                               Nick Kroes
    Randy Mackie                              Clint Todd
    Jerry Bever

    The motion carried.

    Old Business: None

    New Business: Borgman invited Mr. Bill Seeback of the Historic District
    Committee to attend tonight's meeting for observation. If Mr. Seeback could
    have stayed, we would have had a short discussion on his observation and
    based upon his observation how he expects us to work together. Not saying that
    it can't be done. He said he would try to make the next meeting also. Borgman
    thinks it will be helpful in making them a little more understanding of what reality
(   is and that we can't save everything.

    Grabinski said that he would be interested in hearing what Mr. Seeback's
    observations were.

    Borgman said that he intended to invite Mr. Seeback to next months meeting.

    Adjournment: 7:00 PM




(


                                           15 of 15
DATE:               June 29, 2001

TO:                 Honorable Mayor and City Commissioners

FROM:               Robert Grabinski, Fire Marshal/Inspections

RE:                Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish. Dangerous Building Case #:01-004; Address: 2130
                   W. Sherman, Muskegon Ml.


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
2130 W. Sherman, Muskegon, Ml 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: 01-004 - 2130 W. Sherman, Muskegon Ml

Location and ownership: This house is located at 2130 W. Sherman Blvd. in
Lakeside HUD census #9. The owner is Delbert Esh.

Staff Correspondence to Owner attachments: Dangerous building inspection
report conducted 2/15/01. Notice and Order to Repair was issued 2/28/01,
Notice of HBA Hearing dated 5/03/01.

Owner Contact: On 6/25/01 Mary Oakes came in the office to let us know
Delbert & Jean Esh are deceased. She said the new owners are Scott Horta and
Heather Esh (her niece). They have not accepted certified mail being sent
because they thought it was bills. She was told they need to accept mail to be
aware of repairs that need to be done and meetings being conducted with regard
to the property.

Financial Impact: General Fund

Budget action required: None

State Equalized value: $18, 600.00 (2,000)

Estimated cost to repair: $20,000




F:\Inspcclions\Urabinski_Lorraine\ Word\CC MEETINUS\Agcnda 2130 W. Sherman.doc   page I of2
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 on Tuesday, July 10, 2001.




F:\lnspections\Grabinski_Lorrainc\Word\CC MEETINGS\Agenda 2130 W. Sherman.doc   page 2 of2
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          ------
~arbor Title
                  955 West Broadway
                  Muskegon,MI49441
                                                   Title Search
                                                                                             Case No.: 100119486
                                                                                                February 23, 2001

I.   Beginning Date: 7/20/90, at 8:00 A.M.

     Please See Attached Liber 1529, Page 199, Muskegon County Records, for Legal Description:

2.   We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
     subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
     2/1/2001, at 8:00 A.M.

                                                      Documents
                        Deeds:                                                             Mortgages:
                       1529/199                                                             1813/205
                                                                                            2184/634

                                                         Taxes:
                             Invoice charges in the amount of$583.40 for Trash. (As to
                             #9813035, #9813966, #9816166 and #9817388.

                             Payment of the Water/Sewer Usage Bill, due and payable to the
                             City of Muskegon Treasurer in the amount of $134.58, if paid by
                             February 28, 200 I.

                             Payment of the 2000 Winter taxes, due and payable to the City of
                             Muskegon Treasurer in the amount of$816.87, if paid by
                             February 28, 2001. (Base Amount $793.26)



                             Note:
                             No 2000 Summer taxes were assessed.
                             Permanent Parcel No.: 61-24-779-002-0026-00.
                             2000 State Equalized Value: $18,600.00.
                             2000 Taxable Value: $14,639.00.
                             Non-Homestead Property.

3    We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
     County, Michigan, against:

     Delbert Esh and Jean C. Esh, husband and wife

4.   No search has been made for any instrument, however designated, which has been filed as a financing statement
     pursuant to the Uniform Conunercial Code.

5.   No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
     the office of the Register of Deeds.

6.   Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
     evidence of title thereto.
                                                                                    (
                                I
                                '                                                   I
7.   Note: In consideration of the fact that the above information is to be used for reference purposes only and not
     relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
     paid for this information.                                               /
                                                                                                    ·-i:i

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                                                                                                                                                          H,C60-0~l
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          May 4, 2001

To:            Delbert & Jean Esh, 2650 Regent, Muskegon MI
               Owners Name & Address

               TMS Mortgage INC, 30300 Telegraph Rd, Ste# 20 I, Bingham Farms MI""48025
               The Money Store/Packaging, P.O. Box 160128 Sacramento, CA 95816 - 0128
               Name & Address of other interested parties

                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 2130 W. Sherman. all in Muskegon, Michigan, shall be demolished for the reason that the
said structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the structure(s)
within 30 days from the final determination to concur and demolish, ifit is made, by the City
Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the
City Commission.

        The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to·seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.




F:\INSPECTIONS\EVEREIBWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

        Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director oflnspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission ha,i,
considered the record and this order, and has concurred.

       The City Commission may concur with this order, or disapprove or modify the order.




                                                 ert B. Grabinski, Fire Marshal/Inspections Dept




F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: April 20, 200 I

Address of the Property:      2130 Sherman. Muskegon, Michigan

Description of the Structure: Lot 26, Blk 2. Subd of Blk 651

TO:    Delbert Esh. 2650 RegenlMuskegon MI 49441
       [Name & Address of Owner]

       TMS Mortgage Inc., 30300 Telegraph Road. Suite 201, Bingham Farms MI 48025
       [Names & Addresses of Other Interested Parties]

       Please take notice that on May 3, 20_.Q.L, the City ofMu~kegon Housing Board of
Appeals will hold a hearing at 5:30 p.m, and at the said hearing consider whether or not the
following structure should be determined to be dangerous, substandard and a nuisance, and
demolished, or repaired.

       The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on February 28, 2001.

        At the hearing on Thursday, May 3, 2001, at 5:30 p.m., at the Muskegon City Hall,
933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence
to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show
cause why the structure should not be allowed or ordered demolished.

                                     CITY OF      USKEGON INSPECTION DEPARTMENT,

                                     ::        ALn~~.~PEALS

                                        Robert . Grabinski, Fire Marshal/Inspection Services




F:IINSPECTIONSIEVEREIBWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
                                            CITY OF MUSKEGON

           NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE

        DATE:          2/28/01

        Address of the Property:      2130 W Sherman , Muskegon, Michigan

       Description of the Structure: Lot 26, Block 2 of Subdivision Block 651

       TO:      Heather Esh & Scott Horta, 2130 W Sherman. Muskegon MI 49441
                [Name & Address of Owner]

                Delbert Esh & Jean Esh. 2650 Regent, Muskegon MI 49441
                TMS Mortgage Inc., 30300 Telegraph Road, Suite 201, Bingham Farms MI 48025
                [Names & Addresses of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has determined that the
       structures above described are dangerous, substandard, and constitute a nuisance in violation of
       the Dangerous Buildings Ordinance of the City.

               You are hereby notified that the City will proceed to demolish or cause the demolition
       and removal of the said structure unless you accomplish the actions indicated below within the
       time limits indicated (only one to be checked):

                I.    X       Obtain the issuance of all pem1its required to accomplish the repair of the
                              structure defects listed in the attached schedule within 30 days of this
                              notice. All repairs shall be accomplished within the times set forth in the
                              permits. All work must be physically commenced within 30 days of the
                              date of this notice.

               2.             Obtain the issuance of the appropriate permit for the demolition of
                              structures within 30 days, and accomplish the demolition thereof within
                              60 days of this notice.

        The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed _in
the attached schedule.




       F:\Inspections\Everett\WORD\STANDARD FORMS\Inspections Department Notice and
       Order.doc

                                                   Page I of3
                                   FAILURE TO COMPLY

        After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
demolished.


                               SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 2130 W Sherman, Muskegon, Michigan, and
cause said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report



                                                               filffll:t™"'T
                                                   By_ _- + - - - - - - - - - - - - -
                                                     Robert . Grabinski, Fire Marshal
                                  CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                      2130 \V Sherman

                                           2/15/01


  Inspection noted:

  l.     Attached garage roof system collapsing, rotted sheathing, rafters.
  2.     Missing cracked siding.
  3.     Home Partially painted.
  4.     Hot water heater split open by cold weather- Venting damaged.
  5.     Broken out windows.

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




            ALTINOWSKI, BUILDING INSPECTOR




I i


  \\MUSK DAT A\DAT Allnspections\Everett\WORDIDANGEROUS BUILDING INSPECTION
  REPORTS\O8 INSPECTION REPORT FORJ"1.doc
                                       Electrical Inspection
                                        2130 W. Sherman


I. Service conductors deteriorated, (Insulation exposing conductors)
2. Service equipment deteriorated. (Not suitable for exposure to the weather)
3. Circuits overused.
4. Wiring in building inadequate (extension cords in use in building.
5. Furnace not wired properly.
    D. ESH
    2650 S. REGENT
    MUSKEGON, MI 49441

    RE: 2130 W SHERMAN


    NOTICE ISSUED BY: INSPECTION SERVICES     PHONE: 724-6715


    Dear Property Owner:

    We have received a complaint   that there are certain
    unsatisfactory conditions at   the above address.  If these
    conditions exist, they are a   violation of the City Code. A copy
    of the recorded complaint is   attached for your review as part of
    this notice.

    Please look into this matter to see if the complaint is valid.  I
    have informed the complainant that the matter is to be taken care
    of within the next 72 hours.

    If code violations are reported to exist after this period, a
    complete inspection of the property may be made.   You will be char~'"
    a MINIMUM of $60. 00 for such an inspection and there is also a chc,~ •
    for each reinspection required.

    Please feel free to contact me about this notice.    Your cooperatic::
    would be greatly appreciated.

    Housing Inspector
    City of Muskegon, Inspection Services Department
•
                                                                         )
                                       CITY OF MUSKEGON INSPECTION REPORT

         December 8, 2000           AT 3:23 p.m.       FOR     W. SHERMAN 2130       PAGE   1

                                                                             FINAL NOTICE
         No       Cat                              Violation
         ---      ---   =---===--==---=--------------==----=---------=====-----==========
              1   A     BATHROOM
                          No power.
              2    B    BATHROOM
                          Floor covering has holes, rips or is missing or is not sealed
                          on edges.
              3   A     BATHROOM
                          Toilet seat is loose, broken or missing.
              4   A     BATHROOM - BY TUB
                          Floor boards are loose, deteriorated or missing.
              5   A     BATHROOM - LAVATORY
                          Waste line is plugged.
              6   B     BATHROOM - LAVATORY (COLD)
                          Doesn't have any water to it.
              7         BATHROOM - TUB
                          Overflow is missing.
              8   A     EAST BEDROOM
                          Window sash is broken, rotted or missing.
              9   B     EAST BEDROOM
                          Window lock(s) is/are missing.or inoperative.
           10     B     EAST BEDROOM
                          Walls have peeling paint.
           11     B     EAST BEDROOM
                          Outlet is broken, loose or not working.
           12     A     EAST BEDROOM
                          Outlet cover is missing or broken.
      < -- 17     B     EXTERIOR
                          Siding has holes in it or is rotted or missing.
           14     B     EXTERIOR
       5±                 Has peeling paint and is not protected from weather by
                          properly applied water-resistant paint or waterproof finish.
         -1 5     B     EXTERIOR
                          Operable window(s) do not have a screen - must cover the
                          complete bottom sash.
      - 16        A     EXTERIOR - f      Ii
                          Window has broJld, remiud, releas,d, aliened, und confinncd, and by 1hesc presents docs ;nnt. barpin.
     ,;rl\, mnisl.'. alirn. rclt.!nse and conflrm unto 1he party(ies) of the secorid pan, and to the heirs and assians of said
     party(ies) of the stcond part rorev~,. the followinll described rtlul estilte situate in the Ci. ty
     or        Muskegon                               , County or Muskegon                        , State of Mlchlpn, to wit:


      The East 1/3 of Lots 17 and 18, Block 441, Revised Plat of the City
      of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County/
      Records.
                                       ------·--,,..~------"";..
                                          /1,a~
                                        Paree)
                                          '1 . ·
                                                _;iJ.- _ _:::._ _:::.:_.
                                                    ..,
                                                                         """"                         ~
                                                                                                                        -;.:.....--;r,-
                                                                                                                                1·· ·• •

      Known as: 247         w.   Forest, Muskegon

      PP# ll-30-453-003



      Please forward all future tax bills to the buyer.




                                              This (       Is mmpl from county transfer
                                              tax undtr NCL 207.505 (h) and from slate
                                                                                                -
                                              transfer tax under MCL 207.526 (h).


                                                                   ··-· .. ·        -·. -....    ---       ....    ·-·: -·-·-··   ·-·----- - ----
           BEINO th• "'n" p_rop,rly acquired by tho puty or the flnt pan punu111t to the pro,lsion1 or the National




l
    Ho111iotf Ar'irrn::t"
                                                                                                ~
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                                                                                                                                                      '
                                                                                                                                                     ~•
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          May 4, 2001

To:            Gustav Buchholz, 17512 N Fruitport Rd, Spring Lake, 49456
               Owners Name & Address

               Associates Home Equity Srvc., 250 E Carpenter Freeway, Irving TX 75062
               Name & Address of other interested parties
                                                                                          "'
                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 247 W Forest. all in Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the structure(s)
within 30 days from the final determination to concur and demolish, if it is made, by the City
Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the
City Commission.

        The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.




F:IINSPECTIONSIEVEREmWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

        Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director of Inspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission htlli,
considered the record and this order, and has concurred.

       The City Commission may concur with this order, or disapprove or modify the order.

                                             FOR THE HOUSING OARD OF APPEALS:


                                                 ert B. Grabinski, Fire Marshal/Inspections Dept




F:IINSPECTIONS\EV~RETT\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
                                            CITY OF MUSKEGON

           NOTICE AND ORDER TO REPAIR OR REMOVE (DE!\IOLISH) A STRUCTURE

       DATE:           2/26/0 l

       Address of the Property:       247 W Forest, Muskegon, Michigan

       Description of the Structure: E 1/3 Lots 17-18. Block 441

       TO:     Gustav Buchholz. 17512 N Fruitport Rd. Spring Lake MI 49456
               [Name & Address of Owner]       ·

               Associates Home Equity Services. INC. 250 E Carpenter Freeway. Irving TX 75062
               [Names of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has detennined that the
       structures above described are dangerous, substandard, and constitute a nuisance in violation of
       the Dangerous Buildings Ordinance of the City.

               You are hereby notified that the City will proceed to demolish or cause the demolition
       and removal of the said structure unless you accomplish the actions indicated below within the
       time limits indicated (only one to be checked):

               1.     X       Obtain the issuance of all pennits required to accomplish the repair of the
                              structure defects listed in the attached schedule within 30 days of this
                              notice. All repairs shall be accomplished within the times set forth in the
                              pennits. All work must be physically commenced within 30 days of the
                              date of this notice.

               2              Obtain the issuance of the appropriate permit for the demolition of
                              structures within 30 days, and accomplish the demolition thereof within
                              60 days of this notice.

        The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in
the attached schedule.




       F:\lnspections)Everett\ WORD\ST AND ARD FORMS\Inspections Department Notice and
       Order.doc

                                                   Page I of3
                                   FAILURE TO COMPLY

        Atter 30 days from mailing this notice, if you haw not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
demqlished.                                                                                    .,.


                               SCHEDULE OF CONDITIONS

        The following conditions are present at the structure at 247 W Forest , Muskegon, Michigan, and cause
said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report

                                                   CITY OF MUSKEGON INSPECTION DEPARTMENT
                                                               (


                            CITY OF MUSKEGON
                 DAi'iGEROUS BUILDING INSPECTION REPORT

                                     247 IV. FOREST
                                          2/6101


Inspection noted:

1.     Entire roof system in need of replacement and/or repair. When roof is stripped,
       need inspection on sheathing and rafters.
2.     Fascia, Soft missing - Rotting. ·
3.     Antenna lying on roof.
4.     Numerous broken out windows.
5.     Siding and window frames in need of protection from elements.
6.     Front porch column repair needed.
7.     Garage doors deteriorated - broken out windows and door panels - front.
8.     An interior inspection is required by the City of Muskegon Inspection Services
       Dept. Trade Inspectors. (Pluming, mechanical, electrical and building).

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



          1
         FALTINOWSKI, BUILDING INSPECTOR
                                                                    d-k/d,oo f
                                                                    DfTE /




F:llnspec1ions\EverettlWORDISTANDARD FOR1',!SIDI3 INSPECTION REPORT FOR.'-'l.doc
.. ,.~rmath'e Action
  _,.}nn24-670J
 'FAX1722-1214,                                           MUSKEGON
 Assessor
 u1n2u1os
 FAX/716-5181

 Cemelery
 lJI/714-6783
 FAX1726-5617
                                                                                                   ,FILE COPY
 CivU Sen1ce
 231nl4-6716
 FAX/724-4405                                             West Mkhlgan's Sborellne Oty
 Clerk
 231/724-6705
 FA.Xn24-4178

 Comm, & Neigh,                              MUSKEGON HOUSING BOARD OF APPEALS
    Services
 131/724-6717
 FAX/7:i6-2501

 Engineering            July 10, 2000
 231/724-6707
 FAxn27-6904

 Finance
 231/724-6713           Gustav Buchholz
 FAX/724-6768           17512 N Fruitport Rd
 Fire Dept.             Muskegon MI 49456
 131/714--6792
 FAX/724-6985
                        Dear Property Owner:
 Income Tu
 231/724-6770
 FA.X/714-6768          Subject: Property Maintenance Code Violation Appeal case #00-02- 247 W Forest Ave,
 Info. Syllem,          Muskegon MI.
 231/724.-6744
 FAxnll-4301
                        FINDING OF FACTS & ORDER
 Leisure Service
 231/724-6704
 FAX/724-1196           At the July 6, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed by
 Manager's Office       the Board to GRANT PMC Appeal Case #00-02- 247 W Forest Ave. time to complete
 231/724-6724
 FAX/722-1214
                        repairs, however, the repairs must be complete by 8/31/00. If repairs are made and final
                        inspections are completed within the agreed upon timetable, you will not have to come back
 Mayor's Office
 231/724-6701           to the Housing Board of Appeals.
 FAX1711-1214

 Inspection Services    If you have any questions, please call the Inspections Department at (231) 724-6715.
 231/724-6715
 FAXn26-1S01

 Plannlng/Z.Onlng
 231/724-6702
 FAxn24-6790

 Police Dept.
 231/724-6750
 FAX/722-5140
                       ')):1£.il~·
                       ~~         Grabinski
                       ,-J::ire Marshal/Inspection Services
 Public Works
 131/724-4100
 FAXnll-4188

 TreHurn
 1Jln24--6720
 FAX/724-6768

 Water Dillin& Dept,
 13Jnl4-6718
 FAX171U768

 Water Fihntton
 ZJlnl'-4106
 FAX/75S..5190


                                 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                      CIT ,JOF MUSKEGON INSPECTION REF-Jn

 December 10, 1999                 AT 2:35 p.m.       FOR     W. FOREST 247        PAGE     1



 No              Cat                              Violation
 ===             ===    =====---================-==--===-==--===--===-==--==--==---===-==
 ~                      EXTERIOR·
                          Window has glazing that is missing or deteriorated.
 --'!""'"B              EXTERIOR
                          Foundation walls has missing brick block or mortar or open
                          cracks.
  7
--           -C         EXTERIOR

----B                     has eave boards that are rotted or missing.
                        EXTERIOR
                          Openable windowlsl do not have a screen - must cover the
                          complete bottom sash.
-=s::.            B     EXTERIOR
                          Has peeling paint and is not protected from weather by
                          properly applied water-resistant paint or waterproof finish.
                  C     EXTERIOR
                          Roof is totally deteriorated - must be replaced.
    ,.;,.-a             EXTERIOR
                          Siding has holes in it or is rotted or missing.
   .-e"'          A     EXTERIOR - E. SIDE
                          Window has broken or cracked glass.
  (!              B     EXTERIOR - FIREPLACE
                          Ash door. missing.
  -rt)            B     EXTERIOR - FRONT f•QRCH
                          Ceiling H!f or missing •
..:: l   ~   -          EXTERIOR EAST REAR
                          Stairway with more than 4 risers does not have a handrail on
                          the open sides,
  ""II!!!:"       B     EXTERIOR FRONT PORCH
                          Screen door screen is ripped or missing.
~                 B     EXTERIOR WEST SIDE
                          trim is broken, missing or incomplete.
                        GARAGE
                          Has peeling paint and is not protected from weather by
                          properly applied water-resistant paint or waterproof finish.
    1 r-;               GARAGE
                          Side has eave boards that are rotted or missing.
 -.,J.6.... B           GARAGE - OVERHEAD
                          Door ~lass is missing.
  di!MDEIB              GARAGE - SERVICE
                          Door is not installed in proper manner.
             END       OF L'IST


 ~
 ./


                                                                              \
                                                                              \
                      CITY OF MUSK.EGON, MICIDGAN
           NEIGHBORHOOD AND CONSTRUCTION SERVICES DEPARTMENT
                                           HOUSING BOARD OF APPEALS
                                               CLAIM OF APPEAL

1. Address of property under appeal:          d- lf '?         &J, ..£;",etS ,--
2. Name of person making appeal:                    c;;: c...5 71'!v' @t,t<:...hh,g,\ 2-
                                                                          (Please Print) _

3. Relationship to owner:
       (If Not Owner)                                                         /

                                                    ~;;;_....Af-"-'.'--1:Ru......_....,.._t±--'-'f'-'o,._&:.....____,~-=------
4. Address of person making appeal: _\._'i---'-S-'-\...

                                               5{>&, 13 iAJ;e:; lvt£<-(<; lfrt.
5. Telephone (daytime):

6.         How long has the property been owned by the current own~t,,_y ( ':::{              f<
                                               .·           ........ fv..~Cd A.>
7. Is the property owner-occupied or rental: _ . _~_S, ,J ~ o                            <.<::.f.,a,
8. Reason for appeal (check appropriate line):

              _ _ A City standard causes more hardship for me than others.
              _ _ The City's order was an incorr~ct interpretation of the standard.
              _ _ I have an alternative way to meet the minimum standard.
              ~ I need more time to comply with the City's order.

               _ _ Other (explain):



9. Date of the inspection I am appealing:

10. Date of the repair notice I am appealing:               (( ~ --t(e-<9 'f

11. Violation numbers being appealed (from repair notice):                ~ 3 S ?,                           8'        ref       I~
 .....__


12. I would agree to correct the violations no later than:             ::::rz:1'J 7 ~t    •      ?-oc:, C

13. I have already corrected the foltowing'vioiaiions listed on the repair order (indicate violation number):

I ® ':! ') 9,                          IO           )   I    , .....    \>1       (,l,         ( ),
1
Afflrmath'e Action
231t72+-6:'03                                                                            )
FAX/72:'.:-1214

.-\ssessor
231/724--6708
FAXnl6-5181

Cemetery
u1n:Z4-678J
FAX/726-5617
                                                                                             FILE COPY
Civil Ser.ice
231/724-6716
FAX1714-4405

Clerk
l3tnl4-6705
FAX1714-4178
                                                          CITY OF MUSKEGON
Comm. & Neigh.
   Services
131/714-6717                                      NOTICE OF HEARING ON
FAX/726-1501
                                             DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724-6707
FAXnl7-6904

Finance
131/724-6713           June 23, 2000
FAX1714-6768

Fire Dept,             Gustav Buchholz
131/714-6792
FAX/714-6985           17512 N Fruitport Rd
                       Spring Lake MI 49456
Income Tu
l31n24-6770
FAxn24-6768            Dear Property Owner:
Info. Systems
2Jtnl4-6744
FAX1722-4301           SUBJECT:        Property Maintenance Code Review Case #00-02-247 W Forest, Muskegon MI
                                                                                                             .   .
Leisure Service
231n?4-II,
                                   l'REI'ARUI Bf;                                                                    .......................... -·- ............. ·······-····· ... .
                                   LILUAII LIGHT                                                                     Pate                                                                                19
                                   620 R, GILES, HllSKflli9ij4 Ml                                                    Couoty Trca.Jµru, ~ .                                                 r'\ l\.                                ei L                             County, Michigan
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         ~·.·~:;.· ~~\t~.~\(:.~-~··;>;~~:~·}"J'·-'-------~~='===========~~~~                                    1,:r~.~
                                                                                                                          ~             •.:.i.•.i1.1·:{.:,.•.,,..·~
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                                                                                                                                                                                                               •..•.·•.:.;_::.·'::_,'
                                                                                                                                                                                                                                 ..                  .. •.·.:.·•..:_·..·.:.·.;_;·.·.:.:.'....•.:.:.:.:·:·:.·:'. ;_:.'::_-.'.:;::·\::.·_:':....
                                                                                                                                                                                                                                                                                                                                           ·: ·:.:.::'.·:.·.:.·.•:::·...·,,.'_'.::·:·.;.·:.:_•.:.i,.··::':::!.:,
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                ..:.',~.~.~,:··;=.·
                                CITY Oc MUSKEGON INSPECTION REPORT
December 15, 2000            AT 2:58 p.m.       FOR     IRWIN 286           PAGE     1


No        Cat                               Violation
===       ===         ' - ----------- -----------------------------------------=--
     1
                   NOTE: Effective June 15, 1997 no certificates of compliance
                   will be issued until all fees and debts to the City for that
                   property have been paid in full.
     2
                   NOTE: Code requires owners to notify City in writing within
                   10 days of transfering ownership. Notice must include name,
                   address and phone number of new owner.
     3     B     EXTERIOR
                   Foundation walls have missing mortar or open cracks.
     4           EXTERIOR
                   Front or side yards are without ground cover.
     5     B     EXTERIOR
                   Foundation walls have peeling paint.
     6     B     EXTERIOR
                   Roof has some shingles or parts of shingles missing.
     7     B     EXTERIOR
                   Roof has shingles that are deteriorated and need replacing.
     8     B     EXTERIOR - @ REAR PORCH
                   Roof flashing is missing or incorrectly installed.
     9     B     EXTERIOR - BASEMENT
                   Window is closed off and the mat'erial used does not blend
                   with the siding.
 10        B     EXTERIOR - FRO~'T COLUMN
                   Block wall (s) has/have hole (s) that. need to be repaired.
 11        A     EXTERIOR - REAR PORCH
                   Has unguarded side more than 30" high from ground or floor,
                   need 36" guardrail with balusters no further apart than 4".
 12        B     EXTERIOR - UPPER REAR
                   Siding has holes in it or is rotted or missing.
 13        B     EXTERIOR - UPPER REAR DORMER
                   Has eave boards that are rotted or missing.
 14        B     EXTERIOR - UPPER REAR DORMER
                   Side of the roof has rotted or missing roof boards.
         END    OF LIST
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                    286 Irwin
                                     12/4/00


Inspection Noted:
1.    Roof System in need of structural repair.
      A.      Large holes in roof.
      B.      Shingles failing, falling off roof.
      C.      Rotted sheathing. · ·
      D.      Need to inspect rafter~ for damage.
      E.      Fascia Rotting. ·
      F.      Soffit Rotting. .
2.    Front left porch column in near state of collapse, supporting roof load and
      dormer. .
3.    li!oarded'up and/or broken windows on home.
4.    Repair netded on window and door frames of home.
5.    An interior inspection is required by the building, plumbing, mechanical and
      electrical inspectors before any necessary permits or certificate of
      occupancy will be issued.

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




                                                                                     ,.-
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 ~.,.:H•Jr   '
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     4




F \ \. !!>-5181
         4




Ctmtttry
?JI 7!4-67&3
rAX. '726-5617

ChilScnice
Ul,724--6716
FA. '<172,4-&.,105
    .
                              February 21, 2001
Clerk
IJlnl'-6705
fA.'(/724-1178

Comin. &'Nel&h.
                     '
    Sen1cu
lllnl+-6717
                              Cigzree Morris
FA.'(/716-1501                311 Muskegon
Enelncertns
                              Muskegon Ml 49440
131,7~707
FAX171749«M
                              Re:    286 Irwin, Muskegon Ml
Finance
2Jtn2u11J
FA.V714-6768                  Dear Ms. Morris:
Fire Dept.
l31nlU792                     We would like to thank you for scheduling an interior inspection for the above-
FAxnl4-6985
                              mentioned address. The following are the inspector's findings:
Income Tu
231n2u110
FAX/714--6768                 Electrical:
Info. S)'Jlem1
IJlnl4-67.U                          Replace all incomplete or missing light fixtu
FA.V7!1-4J0t
                                     Replace missing outlet and switch covers.
Lelsnre Ser.ice                      2 - 20 amp circuits to serve kitchen counters.
2Jlnl4-671M
FA.V7!._tt%

M•n•a:er's O             e
2)1/724-6714                  Building:
FAX1712-111

M1yor'10ffl                   1.     Basement foundation wall needs repair and tuck-pointing.
lJl/714-6701
FAX1711-111                   2.     Window frames and windows in foundation wall are rotted and/or broken.
lnspudoa                 cu
                              3.     Basement steps broken, unstable.
1Jtnl4-6715                   4.     Furnace and plumbing needs re-worked/replaced. Open duct, open waste
FAX1716-150
                                     lines. Certification on furnace needed.                      • _ _
Plannln&fZon                  5.     Ceilings and walls in home. Need holes repaired re-drywall or plastered.
lll/714-6702
FAX/724-6790                  6.     Broken out windows in home.
PoUet Dept.
                              7.     Pigeons and homeless living in home.
1Jl/71U7SO
FAX/711-5140
                 '•",.
Publlc Works
1J1n:w-uoo
FAX/711-41111

Treuarer
tltmuno
FAX/714-6768

Water BIWD& Dept.
1Jtn!4-6111
FAX1714-6761

Water Flllndoa
131/72'-'106
FAX/755-5290
                                                                           I 01'2
                                       City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                                                  j


       The above reports are in addition to the exterior inspection that-was conducted
       on 12/4/01 and is attached for your records. As you know, this case will be heard
       on 3/01/01 before the Housing Board of Appeals. Please submit a timetable for
       completion of repairs at that time.

            Should you have any questions or concerns, please don't hesitate to call our
            office Monday through Friday from l}:30 AM - 5:00 PM @ (231) 724-6715.



            Si~~.


1b,rt B. Gcab;oskl
            Fire Marshal/Inspection Services




..-......




                                                    2 of 2
                           )


                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Address of the Property:       286 Irwin , Muskegon, Michigan
  1
De scription of the Structure: Easterly 30 Feet of Lot 5 and the Westemly 3 ft of Lot 6, Block 267
 !
TO:    Cigzree Morris, 311 W Muskegon MI 49440
       [Name & Address of Owner]

       None Known at this time
       [Names & Address of Other Interested Parties]

        Please take notice that on Thursday, March 1, 2001, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 p.m. and at the said hearing consider whether or not
the following structure should be determined to be dangerous, substandard and a nuisance, and
demolished, or repaired.

      The reason for this hearing is so that you can submit and discuss your timetable to
complete all repairs.

       At the hearing on Thursday, March 1, 2001 at 5:30 p.m., at the Muskegon City Hall,
933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to
the Housing Board of Appeals and have counsel of your choice present, if you desire, to show
cause why the structure should not be allowed or ordered demolished .




                                                 . Grabinski, Fire Marshal/Inspection Services




F:IINSPECTIONSIEVERETT\WORDIHBA MEETINGS\NOTICE OF HBA HEARING.DOC
                                                                              )


                                            CITY OF MUSKEGON

           NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE

       DATE:          0 I /04/0 I

       Address of the Property:        286 IRWIN, Muskegon, Michigan

       Description of the Strncture:

       TO:     Ciggzrree Morriss, 311 W. Muskegon MI 49440
               [Name and Address of Owner]

               FMB Lumbermans Bank. One Lumberman's Square Muskegon MI 49440
               [Names and Addresses of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has determined that the
       structures above described are dangerous, substandard, and constitute a nuisance in violation of
       the Dangerous Buildings Ordinance of the City.

               You are hereby notified that the City will proceed to demolish or cause the demolition
       and removal of the said structure unless you accomplish the actions indicated below within the
       time limits indicated (only one to be checked):

               1.    X         Obtain the issuance of all permits required to accomplish the repair of the
                               strncture defects listed in the attached schedule within 30 days of this
                               notice. All repairs shall be accomplished within the times set forth in the
                               permits. All work must be physically commenced within 30 days of the
                               date of this notice.

               2.              Obtain the issuance of the appropriate permit for the demolition of
                               structures within 30 days, and accomplish the demolition thereof within
                               60 days of this notice.

        The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in
the attached schedule.




       F:\lnspections\E\'erett\ST ANDARD FORMS\Inspections Department Notice and Order.doc

                                                    Page I of3
                                  )


                                  FAILURE TO COMPLY

        After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
demolished.


                              SCHEDULE OF CONDITIONS

        The following conditions are present at the structure at 286 Irwin, Muskegon, Michigan, and cause said
structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached Dangerous Building inspection report.

                                                   CITY~ N JNSPECTION DEPARTMENT

                                                   By                      &6-f}i;6/.
                                                        Cathy Everett,   epartment Secretary


                                                   Dated:   ---~~~--
                                                               01/04/01
Affirmatln A.-:tion
ZJ1i7l4--67-03
FAX1122-1214                                             MUSKEGON
ASl"~ssor
n1n24-6,os
FAxn26-5181

Cemetery
231n24-6783
FAX1726-5617

Chil Service
n1n24-6716
FAX!724--440S
                      March ;7, 2001                     West Michigan's Sborellne llty
Clerk
Bln24-670S
FAX1724-4178

Comm. & Neigh.
   Sen·kes
23ln24-6717
FAX/7%6--2501
                      Cigzree Morris
                      311 W Muskegon
Engineering
231/724-6707          Mllskegon MI 49440
FAX/727-6904

Finance               Re:     286 Irwin, Muskegon MI
231/724-6713
FAX/724--6768
                      Dear Ms. Morris:
Fire Dept.
231/724-6792
FAX/724-6985          As the enclosed order states, the Housing Board of Appeals tabled your case until July 5,
Income Tu             2001. They are expecting all the repairs on the attached inspection reports to be completed
231/724-6770          by then. The Board also asked for monthly progress inspections to be conducted. The
FAX1724-6768
                      following is a schedule of the inspections that have been set up.
Info. Systems
231/7U,6744
FAX/722-4301          April 6, 2001 @ 10:30 a.m.
Leisure Service
                      May 8, 2001@ 10:30 a.m.
231/724-6704          June 8, 2001 @ 10:30 a.m.
FAX/724--1196

Manager's Office      If the above schedule is not convenient for you, please don't hesitate to call me at (231)
231/724-6724
FAX/722-1214          724-6757.
Mayor'• Office
231/724--6701         Sincerely,
FAX1722-1214

Inspection Services
231/724-6715
FAX1726-2501
                      d~&~~
                      Cathy Everett
Plannlng!Zonlng
231/724--6702
                      Department Secretary
FAX/724-6790

Police DepL
231/724--6750
FAX1722-5140

Public Works
231/724-4100
FAXn22-tI88

Treasurer
231/724-6720
FAX/724-6768

Water Billing Dept.
231/724-6718
F AX/724-6768

Water Fthntlon
231/724-4106
F AX/755,.5290
                                                                      4
                               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: March 20, 2001

Address of the Property:      286 Irwin, Muskegon, Michigan

Description of the Structure: Easterly 30 Ft, Lot 5 and the Wly 3 ft , Lot 6, Blk 267

TO:    Cigzree Morris, 311 W Muskegon ML 49440
       [Name & Address of Owner]

       None Known at this time
       [Names & Addresses of Other Interested Parties]

        Please take notice that on Thursday, April 5, 20_Q_l_, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 p.m, and at the said hearing consider whether or not
the following structure should be determined to be dangerous, substandard and a nuisance, and
demolished, or repaired.

        The reason for this hearing is that you have not complied with the schedule of repairs
that you submitted to the City of Muskegon Building Inspection Department on March 1, 2001.

       At the hearing on Thursday, April 5, 2001, at 5:30 p.m., at the Muskegon City Hall, 933
Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause
why the structure should not be allowed or ordered demolished.

                                     CITY OF MUSKEGON INSPECTION DEPARTMENT,
                                     ON BEHALF OF THE HOUSING BOARD OF APPEALS




                                                   Grabinski, Fire Marshal/Inspection Services




F:\INSPECTIONS\EVERETT\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
                                                                    )
                                                                    I




                           CITY OF MUSKEGON
              CITY OF MUSKEGON HOUSING BOARD OF APPEALS


                         ORDER TOREPAIRORDEMOLISH


Date of Order:                  March 7, 2001

Address of the property:      286 Irwin, Muskegon Ml
Description of the structure: Easterly 30 Feet of Lot 5 and the Westernly 3 feet of Lot 6,
                              Block267

To:     Ciwee Morris, 311 W Muskei;on, Muskei;on MI 49440
        Name of owner and address

      _Huntini;ton Bank, One Lumbermans Square, Muskei;on MI 49440
       Name of other interested parties

                              OPPORTUNITY TO REPAIR


         The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance. However, it is
determined that the buildings are repairable, provicled that permits are applied for and
repairs performed in a timely fashion. Therefore, it is ordered that the owner or interested
parties shall apply for all permits required to accomplish the repairs of the conditions found
in the inspection report attached to this order by July 5, 2001 and for monthly progress
inspections to take place starting on April 6, 2001 @ 10:30 a.m. A schedule of progress
inspections is attached. If you need to reschedule the inspections, please call the Secretary at
the Inspection Services Department at (231) 724-6757 between 8:30 a.m. and 5:00 p.m. All
repairs shall be accomplished in the time limited by the permits issued relevant to the said
repairs, and physical repair must be commenced within the said 30 days.




                                                2
                  FAILURE TO COMPLY - DEMOLITION ORDER

                TO BE SUBMITTED TO THE CITY COMMISSION

       .In the event the owners or interested parties fail to apply for all permits required to
effectuate the said repairs or fail to commence physical repair within 30 days, then the above
order of the Housing Board of Appeals shall constitute an order to demolish the said
structures.

       In such case, the Director of Inspections is ordered to place before the Muskegon
City Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board for demolition, and further, to give notice to the
o'Yller and interested parties of the date and time when this matter shall be considered by the
City Commission.

                                                CITY OF MUSKEGON
                                                HO        O   OF APPEALS




                                               3
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          April 5, 2001

To:            Cigzree Morris, 311 W Muskegon Ave., Muskegon MI 49440
               Owners Name & Address

               None known at this time
               Name & Address of other interested parties

                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, April 5, 2001, does hereby order that the following structure(s)
located at 286 Irwin , Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the structure(s)
within 30 days from the final determination to concur and demolish, if it is made, by the City
Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the
City Commission.

       The director of inspections is ordered to delay for 90 days before placing before
forwarding to the Muskegon City Commission this order and the record in this case to seek
concurrence by the City Commission with the decision of this board, and further to give notice to
the owner and interested parties of the date and time when this matter shall be considered by the
City Commission. This order is not final until concurred with by the City Commission.




F:\INSPECTIONS\EVERETT\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
    HBA Minutes 4/01



    Case# 97-43 -1133 Third, Duane & Rose Armstrong, 5920 Vine Street,
    Muskegon Ml 49442

    History: Grabinski Stated that the process was started in 1997. Since then there
    have been no permits since the time we gave them to complete the repairs and
    we have not been called for inspections.

    Staff Recommendation: To declare the structure at 1133 Third Street a     -....,
    dangerous building, substandard a public nuisance and forward the case to the
    city commission for concurrence.

    Motion: Randy Mackie, supported by John Warner, made a motion to accept
    staff's recommendation.

    Discussion: Mr. Kroes asked if nothing has been done. Grabinski said from
    staffs prospective, we don't know because they haven't pulled any permits and
    they haven't called for inspections. Even if they have done something we don't
    know if it is right.

    A Roll Call vote was taken:

    AYES:                 NAYES:              EXCUSED:                    ABSENT:
    Greg Borgman
(   John Warner
    Fred Nielsen
    Randy Mackie
    Clint Todd
    Jerry Bever
    Nick Kroes

    The Motion Carried.

    Case# 00-90 - 286 Irwin, Cigzree Morris, 311 W Muskegon, Muskegon Ml
    49440

    History: Grabinski reminded the board that a timetable was given on this case
    last month. Ms. Morris did not adhere to her own schedule and it is being
    brought back for review. Grabinski showed some pictures that were taken on
    4/5/01 in the morning. He stated that it was not a bad house, it sits along Irwin
    and is in fairly decent shape. The problem is that it is boarded up, the structure
    is square, the foundation looked in pretty good shape, however if something is
    not done soon, and the home will deteriorate and cause problems.

    Staff Recommendation: Because of history with the owner, declare the structure,
    substandard, unsafe, a public nuisance, however, because of the condition of the
(   property, to give a maximum of 90 days before the case will be brought to the city



                                           3 of 8
      HBA Minutes 4/01



      commission and within those 90 days, repairs must be complete in order to stop
(     it from going to the commission.

      The board asked if staff has done an interior inspection. Grabinski said no.
      Warner asked if all repairs are including exterior and interior repairs. Grabinski
      stated that completion of all repairs is including interior and exterior is to be
      complete in 90 days or the case will go to commission. Nielsen asked what if all
      repairs are complete except for one. Grabinski stated that it would depend oo.'"
      the seriousness of the repair. If it is serious it will go before commission.
      Grabinski stated that if the board agrees to accept staffs recommendation, the
      next step is commission, however, if repairs are not complete, it is staffs
      responsibility to decide the seriousness of any repairs remaining at the end of the
      90 day and if it will be brought to commission.

      The electrical inspector corrected Mr. Grabinski, an interior inspection was
      conducted and roughly ten items were found to be wrong. Mr. Grabinski still
      thought 90 days to complete all interior and exterior repairs would be plenty of
      time. The inspectors agreed.

      Motion: Randy Mackie, supported by, Clint Todd, made a motion to accept
      staffs recommendation.

      A Roll Call vote was taken:
(
      AYES:                 NAYES:              EXCUSED:                   ABSENT:
      Greg Borgman
      John Warner
      Fred Nielsen
      Randy Mackie
      Clint Todd
      Jerry Bever
      Nick Kroes

      The Motion Carried.

      Case# 00-101 - 438 Amity, John Wesley AME Zion Church, 886 Wood
      Street, Muskegon Ml 49442

      History: No permits have been applied for and staff has had no contact with the
      owner. Some people are in the audience to speak about this property. Some
      pictures were displayed by projector. Annetta Wills-Banks, a member of John
      Wesley AME Zion Church attended the meeting and stated that a decisi.on has
      been made to demolish the structure. She explained that the church owns the
      property and before they can do anything with the property they need permission
      from their bishop. Ms. Banks also stated that Paster Samuel Leuch could not
l .   attend tonight because he was at a meeting with the bishop to gain approval of



                                             4 of 8
                  Commission Meeting Date: July 10, 2001

Date:        July 3, 2001
To:          Honorable Mayor and City Commissioners

From:        Planning & Economic Development

RE:          Core Communities Fund Application


SUMMARY OF REQUEST:

To approve the attached resolution approving an application for a Core Communities
Fund loan from the Michigan Economic Development Corporation in the amount of
$1,000,000 for the development of a public seawall and boardwalk improvements on
the former Teledyne property. And to approve the attached Certification and
Repayment Agreement that outlines the repayment terms of the loan. (Please see the
attached memorandum for additional information.)

FINANCIAL IMPACT:

The Core Communities Initiative loan must be repaid from increments captured by the
Muskegon SmartZone LDFA amortized over a period of 15 years and at 3.5 percent
interest. Annual payments to the MEDC will be approximately $86,000.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the attached resolution and Certification and Repayment Agreement.

COMMITTEE RECOMMENDATION:

None




7/3/2001
Memorandum
To:      Honorable Mayor and City Commissioners

From: Planning & Economic Development

Date: July 3, 2001

Re:      Core Communities Fund - Seawall & Boardwalk on Former Teledyne Property

The Core Communities Fund (CCF) was established by the Michigan State Legislature
in 2000, to provide gap-financing assistance in the form of loans, grants, sales, or cash
flow participation agreements, guarantees, or any combination thereof, to urban core
communities. Eligible activities include the financing of land, property acquisition, and
assembly; demolition, site development, utility modifications and improvements, street
and road improvements, telecommunications infrastructure, site location/relocation, and
infrastructure improvements.

The City of Muskegon CCF request is for $1 million to assist in the development of a
seawall and public boardwalk along Muskegon Lake on the former Teledyne property.
The benefit of this project will be to provide public access to the waterfront in the form
of a boardwalk and public transient boat slips. Further, the seawall serves a public
purpose by containing the site and groundwater contamination from flowing into
Muskegon Lake. The total project cost is in excess of $2 million. The remaining cost
of the project will be funded by private developers on the former Teledyne site.

In March of 2001, the City Commission approved the submission of a Notice of Intent to
apply for $1,000,000 from the Core Communities Fund. On June 20, 2001, the City
received notice that the boardwalk project had been selected for the submission of a
full application. The Michigan Economic Development Corporation must commit the
Core Communities Fund assets by July 20, 2001. The submission of the application is
not a guarantee of approval of loan funds but rather places the City's request in the
pool for commitment of fund assets by the July 20 date. Final agreement for the
acceptance of the loan would be made at a later date. The City has been informed that
the funds, if approved, would be in the form a low-interest loan not as a grant.




7/3/01                                                                                4
                                         Resolution No. 2001-82 ( f)

                                      MUSKEGON CITY COMMISSION



 RESOLUTION APPROVING APPLICATION FOR CORE COMMUNITIES INITIATIVE FUNDS IN THE
                            AMOUNT OF $1,000,000

WHEREAS, the City of Muskegon has been identified by the State of Michigan as a Core
     Community and is eligible for funding consideration under the CCI program; and

WHEREAS, the Muskegon City Commission has determined that it is in the best interest of the community
     to develop a seawall and public boardwalk along Muskegon Lake on the former Teledyne
     property; and

WHEREAS, the Core Communities Initiative funds will be granted in the form of a loan that will require
      repayment through the establishment of a Local Development Finance Authority; and

WHEREAS, the development of a public boardwalk is consistent with Downtown Redevelopment Plan.

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
      applying for Core Communities Initiative funds from the Michigan Economic Development
      Corporation in the amount of $1,000,000.

BE IT FURTHER RESOLVED, that the Muskegon City Commission hereby appoints the City Manager to
        act on behalf of the City concerning the filing and signing of all required application documents.

Adopted this 10th day of July 2001.



AYES: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson

NAYS: None

ABSENT: None

                                           BY:


                                           ATTEST:




I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on July
10,2001.                                                           ~
                                                      ~                            iv
                                                    Gail Kundinger, Clerk




7/3/01                                                                                                   2
                                                                                      Attachment 4

                   CERTIFlfCAT][ON ANiD REPAYMENT AGREEMENT

 .   City of Muskegon             . (hereinafter known as the.Applicant) understands and
acknowledges that the creation of jobs was an essential factor in persuading the Michigan
Economic Development Corporation (MEDC) that this project is economically viable.
Therefore, recognizing that it will derive a real and substantial' benefit from this loan, the
Applicant agrees to the following.:

       I.      The MEDC shall make a loan to the Applicant to finance infrastructure
               improvements. The loan shall carry a maximum term of        15     years
               with no principal or interest payments for • 1     years. Interest will · ·
               not begin accruing until the beginning of the  2nd year. The interest rate
               will be    3 •5    ¾.
                                       .                     .   .
      2.       The Applicant has executed or will execute the Revenue Sharing Pledge
               Agreement as security for the MEDC loan.

      3.       The Applicant shall obtain approval, from the Michigan Department of Treasury,
               Local A~dit and Finance Division, for issuance of new 4ebt. Such approval is ·
               required under Chapter III, Section 1 of Act 202 of the Public Acts of 1943, as
               amended.

      4.       To repay the MEDC loan, in full, should job creation goals not be met.




                                                                     ] - 12 - o I
                                                         Date
       J. Niel sen, Mayor
                      )
         MUSKEGON LAKE




                                  ~




(        Former Teledyne Prope~rt"'y"----/
    ~'
,.h<-
7,S·~ IL..,




        -!
        0

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