City Commission Packet 04-10-2001

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


                                     AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Liquor License Transfer Request - 1301 E. Apple. CITY CLERK
                 c. Liquor License Transfer Request - 1601 Beach. CITY CLERK
                 d. Sheldon Charter Park. LEISURE SERVICES
                 e. Intake Inspection Project. WATER FILTRATION
                 f.   Dumpbox/Underbody and Tap System Purchase. PUBLIC WORKS
                 g. Aggregates Highway Maintenance           Materials   and    Concrete.
                    PUBLIC WORKS
                 h. McGraft Park Caretaker Pay Range. LEISURE SERVICES
                 i.   City - MDOT Agreement for M - 120 Over the Muskegon River.
                      ENGINEERING
                 j.   Request for an Encroachment Agreement in the Area of Sherman
                      and McCracken. ENGINEERING
                 k. Consideration of Bids, Windsor Henry to Barclay. ENGINEERING
                 I.   MDOT Agreement for     Barclay Street,    Sherman    to    Hackley.
                      ENGINEERING
•   PUBLIC HEARINGS:
                 a. Continuation of Public Hearing - Millard Avenue. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
                       a. SECOND READING: Rezoning Request for property at 2575
                          McCracken. PLANNING & ECONOMIC DEVELOPMENT
□   NEW BUSINESS:
                       a. TallShips Festival Request. LEISURE SERVICE
                       b. Transmittal of 2000 Comprehensive Annual Financial Report.
                          FINANCE
                       c. Approving Cutting Edge Construction as one of the three
                          Contractors for the City's Vinyl siding Program. COMMUNITY &
                          NEIGHBORHOOD SERVICES
                       d. High Service Pump #2 Rebuild. WATER FILRATION
                       e. Concurrence with the Housing Board of Appeals Notice and Order
                          to Demolish the Following: INSPECTION SERVICES
                            1. 1712PineSt.
                           2. 1750 Pine
                           3. 15 E. Muskegon
                           4. 273 Merrill
                           5. 1309 Sixth St.
□ 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 l O 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:     April10,2001
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, March 27, 2001.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
          CITY COMMISSION MEETING
                          APRIL 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 5:30pm, Tuesday, April l 0, 2001.
   Mayor Fred J. Nielsen opened the meeting by offering the prayer after which
the 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
John Aslakson; Jone Wortelboer Benedict; Robert Schweifler; Clara Shepherd;
Lawrence Spataro.
2001-36    CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, March 27, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
               b. Liquor License Transfer Request - 1301 E. Apple. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request to transfer ownership of the existing 2000 SDM license at
1301 E Apple Ave. from Gurmett Singh and Jaswinder Singh solely to Jaswinder
Singh.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments recommend approval.
               c. Liquor License Transfer Request - 1601 Beach. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request to transfer ownership of the existing 2000 Class C-SDM li-
cense with Dance-Entertainment Permit, Official Permit (food), Outdoor Service
(2 areas), and two bars from Marquette, Inc., to Beach Street Inn, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments recommend approval.
                e. Intake Inspection Project. WATER FILTRATION
 SUMMARY OF REQUEST: To award a contract to Sea Brex Marine, Inc. of Ste-
vensville, Ml to perform a complete inspection of the Water Filtration Plant Intake
including complete penetration of the pipeline.
FINANCIAL IMPACT: The low bid received is for $24,000.00. This project is budg-
eted at 24,000.00.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Endorse the lowest responsible bidder, Sea Brex Ma-
rine, Inc., and enter into contract for the inspection of the Water Filtration Plant
Intake.
                f.   Dumpbox/Underbody and Tarp System purchase. PUBLIC
                     WORKS
SUMMARY OF REQUEST: Approval to purchase one Dumpbox, Underbody
scraper and Tarp System for 2001 Plow Truck (installed), from Truck and Trailer
Specialists for $18,258.00
FINANCIAL IMPACT: Total Cost $18,258.00.
BUDGET ACTION REQUIRED: None, Total for Truck and Equipment 64,240.25,
$70,000.00 is budgeted.
STAFF RECOMMENDATION: Approval to purchase Plow Truck Dump Box, Under-
body Scraper and Tarp System from Truck and Trailer Specialties for $18,258.00.
                g. Aggregates Highway Maintenance Materials and Concrete.
                   PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine)
and 32% (winter salting) to Liquid Dustlayer, Inc.
Award bid to supply 20AA and 31A bituminous asphalt to Asphalt Paving, Inc.
Award bid to supply polymer modified anionic asphalt emulsion to Koch Materi-
als Company.
Award bid to supply sylvax-patching material to either bidder based on avail-
ability.
There are no bids to supply limestone ship blend to DPW. We will purchase
based on cost and availability.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to Consumers Concrete. High Grade Concrete
does have the lowest bid, but due to extra unloading charges, Consumers will
be cheaper.
FINANCIAL IMPACT: $100,972 based on 2000 usage at 2001 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
STAFF RECOMMENDATION: To award the various materials to the vendors as re-
quested.
                i,   City - MDOT Agreement for M-120 Over the Muskegon River
                     ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation to replace the M-120 Structure over the Muskegon River; together
with the necessary related work. And to approve the resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: While this is an MDOT project, we are required to participate
at the rate of 11.25% as stipulated by Act-51 since the project falls within the
City's limits. The City's share is estimated at $98,700 but not more that 11.25% of
eligible cost. The total cost of the project is $4,407,900.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
                k.   Consideration of Bids. Windsor. Henry to Barclay,
                     ENGINEERING
 SUMMARY OF REQUEST: To award the contract for the construction of Windsor,
including the watermain, from Henry to Barclay to Grant Tower since they were
the lowest responsible bidder with a bid price of $257,704.00.
FINANCIAL IMPACT: The construction cost of $257,704.00 plus related engineer-
ing expenses.
BUDGET ACTION REQUIRED: None, this project is in the 2001 budget.
STAFF RECOMMENDATION: Award the contract to Grant Tower.
Moved by Commissioner Benedict, seconded by Vice Mayor Sieradzki to ap-
prove the consent agenda as read with the exception of items d,h,j,I, which
were removed.
ROLL VOTE: A YES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
            NAYS; None
MOTION ADOPTED
PRESENTATION: "This is your City of Muskegon" brochure.
   Brenda Moore, Planning, presented a brochure on the City of Muskegon
services and facts to the Citizens of the Community.
2001-37   ITEMS REMOVED FROM THE CONSENT AGENDA:
               d. Sheldon Charter Park. LEISURE SERVICES
SUMMARY OF REQUEST: To accept the Quit Claim Deed from Muskegon Public
School and to name Sheldon Park as a Charter Park.
FINANCIAL IMPACT: None
 BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to accept
the Quit Claim Deed from Muskegon Public Schools and to name Sheldon Park
as a Charter Park.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
             NAYS; None
MOTION ADOPTED
                h. McGraft Park Caretaker Pay Range. LEISURE SERVICES
 SUMMARY OF REQUEST: To create a pay scale for the newly created Building
Facility Caretaker position, which is an upgrade from the McGraft Caretaker po-
sition.
FINANCIAL IMPACT: New rate to be Step 2 Pay Scale - $7 to $8.50/hr. Old rate
was $5.50 to $7 /hr.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by Commissioner Schweifler to ap-
prove the request to create a pay scale for the newly created Facility Caretaker
position.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
         NAYS; None
MOTION ADOPTED
                j. Request for an Encroachment Agreement in the Area of
                   Sherman and McCracken. ENGINEERING
 SUMMARY OF REQUEST: Kaydon Corporation has filed an encroachment
agreement form requesting your approval to install three monitoring Wells within
the following right-of-ways;
l.   McCracken between Sherman and Letarte
2.   Letarte between McCracken and Torrent
3.   Torrent between Letarte and Sherman
This agreement would permit Kaydon's representative {Dell Engineering at this
time) to sample underground water.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
Moved by Commissioner Aslakson seconded by Commissioner Shepherd to ap-
prove the encroachment agreement with the Kaydon Corp. to install 3 monitor-
ing wells at 1. McCracken between Sherman and Letarte, 2. Letarte between
McCracken and Torrent, 3. Torrent between Letarte and Sherman.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
              NAYS; None
MOTION ADOPTED
                 I.   MDOT Agreement for Barclay Street. Sherman to Hackley.
                      ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the reconstruction of Barclay Street from Sherman to Hackley
and to approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT participation is about $366,628.00 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of the
project is $600,000.00.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the attached agreement and resolution be
approved
Moved by Commissioner Benedict, to set public hearing in 2 weeks at next
commission meeting. No second, therefore motion failed for lack of support.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to ap-
prove the MDOT agreement for Barclay, Sherman & Henry Streets and to author-
ize the Clerk and Mayor to sign the contract.
ROLL VOTE: A YES; Aslakson, Schweifler, Shepherd, Sieradzki, Spataro
             NAYS; Benedict, Nielsen
MOTION ADOPTED
2001-38     PUBLIC HEARINGS:
                a. Continuation of Public Hearing - Millard Avenue.
                      ENGINEERING
 SUMMARY OF REQUEST: To continue the public hearing on the proposed spe-
cial assessment of the Millard from Lake Dunes to West End project, and to cre-
ate the special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project. Per your in-
struction on March 27th, we have revised the design of the proposed road to
reflect a width of 22' back to back. The property owners affected by the pro-
posed assessment have been notified and a drawing showing the revisions was
mailed.
Furthermore, it is respectfully requested that if the district is created to award the
contract to Jackson Merkey who was the lowest responsible bidder with a bid
price of $129,888.70.
FINANCIAL IMPACT: Construction cost plus related engineering cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:23pm to hear and consider any comments from
the public. City Engineer, Mohammed AI-Shatel, explained the item. Com-
ments were heard from Ronald Pesch, 3351 Millard; Susan Line, 3340 Millard. Both
Citizens were opposed.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to close
the public hearing at 6:33pm and to create a special assessment district and
appoint two Commissioners to the Board of Assessors.
ROLL VOTE: A YES; None
             NAYS; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
MOTION FAILED
COMMUNICATIONS:
CITY MANAGER'S REPORT:
2001-39    UNFINISHED BUSINESS:
                a, SECOND READING: Rezoning Request for property at 2572
                   McCracken. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2572
McCracken St. (between Sherman Blvd. And Letarte Ave.} from R-1, Single-
Family Residential and B-1, Limited Business to entirely B-2, Convenience and
Comparison Business, or to entirely B-1, Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends rezoning the entire parcel to B-1,
due to compliance with the future land use map and Master Land Use Plan, and
to make the zoning consistent for the entire parcel.
COMMITTEE RECOMMENDATION: The Planning Commission recommended re-
zoning the entire parcel to B-1 at their 3/15/2001 meeting. The vote was unani-
mous.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to
adopt ordinance to rezone the entire parcel to B- 1.
ROLL VOTE: A YES; Schweifler, Shepherd, Spataro, Aslakson
            NAYS; Nielsen, Sieradzki, Benedict
MOTION ADOPTED
2001-40    NEW BUSINESS:
                a. Tall Ships Festival Request. LEISURE SERVICES
SUMMARY OF REQUEST: To waive all City service fees in conjunction with the Tall
Ships event at Heritage Landing in August.
FINANCIAL IMPACT: Estimated at $20,000.00.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Schweifler to
waive the City service fees for the Tall Ships event.
ROLL VOTE: A YES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
            NAYS; None
MOTION ADOPTED
               b. Transmittal of 2000 Comprehensive Annual Financial Report.
                   FINANCE
 SUMMARY OF REQUEST: The City's 2000 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time the
CAFR is being formally transmitted to the Commission in accordance with state
law. Should the Commission wish to do so, staff and the independent auditors
are prepared to conduct a special work session to focus on the CAFR as well as
City finances in general.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial ac-
tivities for 2000 and includes the independent auditor's unqualified opinion on
the City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2000 CAFR.
Moved by Commissioner Spataro, seconded by Commissioner Schweifler to ac-
cept the 2000 Comprehensive Annual Financial Report as written.
ROLL VOTE: A YES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
            NAYS; None
MOTION ADOPTED
               c. Approving Cutting Edge Construction as one of the three
                  contractors for the City's Vinyl Siding Program. COMMUNITY &
                  NEIGHBORHOOD SERVICES
 SUMMARY OF REQUEST: To approve for Community and Neighborhood Services
to add Cutting Edge Construction of Muskegon as one of the City's contractors
to install siding through its housing rehabilitation program.
FINANCIAL IMPACT: The contract with Cutting Edge will be the same as with the
other two contractors $75.00 a square and will be taken from CDBG budget.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve CNS request.
Moved by Commissioner Benedict, seconded by Commissioner Spataro to ap-
prove the addition of Cutting Edge as one of the City's contractors to install sid-
ing through its housing rehabilitation program.
ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Shepherd,
(Schweifler, out of the room)
             NAYS; None
MOTION ADOPTED
                d. High Service Pump #2 Rebuild. WATER FILTRATION
SUMMARY OF REQUEST: To rebuild High Service Pump #2 (12 million gallon per
day) prior to the summer season peak water demand.
FINANCIAL IMPACT: Cost of the pump rebuild is $20,100.00.
BUDGET ACTION REQUIRED: This is an unplanned expense and will require an in-
ternal budget transfer from another line item.
STAFF RECOMMENDATION: To endorse Peerless-Midwest, Inc. as the contractor
to rebuild high service pump #2 at a cost of $20,100.00.
Moved by Commissioner Benedict, seconded by Commissioner Aslakson to ap-
prove the rebuild of pump #2 by Peerless-Midwest at a cost of $20,100.00.
ROLL VOTE: A YES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
            NAYS; None
MOTION ADOPTED
                e. Concurrence with the Housing Board of Appeals Notice and
                   Order to Demolish the following:
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures listed below are
unsafe, substandard, a public nuisance and that they be demolished within
thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolitions of these structures and that the Mayor and the City Clerk
be authorized and directed to execute contracts for demolition with the lowest
responsible bidders.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Concur with Housing Board of Appeals to demolish.
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish the structure at 1712
Pine St.
ROLL VOTE: A YES; Aslakson, Nielsen, Schweifler, Shepherd, Spataro
             NAYS; Benedict, Sieradzki,
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish the following struc-
tures at 1750 Pine (Garage Only), 247 Amity, 462 White.
ROLL VOTE: A YES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
             NAYS; None
MOTION ADOPTED
Moved by Commissioner Benedict, seconded by Commissioner Shepherd to
postpone decision on the demolition of 15 E Muskegon Ave. until the next
meeting in 2 weeks.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
             NAYS; None
MOTION ADOPTED
Moved by Commissioner Shepherd, seconded by Commissioner Spataro to
concur with Housing Board of Appeals decision to demolish the structure at 273
Merrill.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
             NAYS; None
MOTION ADOPTED
Moved by Commissioner Spataro, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish house and garage
at 1309 Sixth Sf.
ROLL VOTE: AYES; Shepherd, Spataro, Aslakson, Nielsen, Schweifler
             NAYS; Sieradzki, Benedict
MOTION ADOPTED
2001-41    ANY OTHER BUSINESS:
               a. Notification Process for Special Assessments, (Commissioner
                   Benedict)
Moved by Commissioner Spataro to refer to staff for a report on the potential ex-
pense of mailing options. No support, therefore, motion withdrawn.
Moved by Commissioner Aslakson, seconded by Commissioner Benedict to re-
fer to staff to study costs to convert the Special Assessment mailings to certified
mail, return receipt requested and report back to Commission in two weeks.
ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
             NAYS; None
MOTION ADOPTED


                b. Investigation into Price of Gasoline in West Michigan, (Mayor
                   Nielsen)
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
quest that staff draft a resolution to send to the County in support of their investi-
gation of the gasoline prices.
ROLL VOTE: A YES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
             NAYS; None
MOTION ADOPTED
2001-42    PUBLIC PARTICIPATION:
Various comments were heard from the general public.
2001-43    CLOSED SESSION: To discuss Pending Litigation.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to go
to closed session at 8:52pm.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
             NAYS; None
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
turn from closed session at 9:22pm.
ROLL VOTE: A YES; Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict
             NAYS; None


MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
lease the retainer and allow Michigan Municipal Risk Management Authority to
settle.
ROLL VOTE: A YES; Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen,
(Vice Mayor Sieradzki absent)
             NAYS; None
              EXCUSED; Sieradzki
MOTION ADOPTED
ADJOURNMENT:
The Regular Commission Meeting for the City of Muskegon was adjourned at
9:23pm.


                                      Respectfully submitted;




                                      Gail Kundinger, CMC/AAE
                                      City Clerk
GK/do
Date:       April 10, 2001
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Liquor License Transfer Request
            1301 E. Apple, Muskegon, Ml




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request to transfer ownership of the existing
2000 SOM license at 1301 E. Apple from Gurmett Singh and Jaswinder
Singh solely to Jaswinder Singh.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:            All Departments are recommending
approval.
A flirmat in• Action
23 1/724-6 703 '
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Co mm. & ~fr il,!h,       March 13 , 2001
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E11 J;!in c c1·in~        To:           The City Commission through the City Manager
231 1724-6707
F.I X/727-6904
                          From:             ~       L . l ~ a Q, . L
Fi uan i.:t•
23 1/724-(,7 13                             ntHny   L. Kleibecker, Chief of Police
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Fin· Dt•pt.               Re:           Transfer of Ownership of Liquor License at 1301 E. Apple Avenue
23 1/724-6792
F. IX/72 4-6985

ln i.: oml' T a \
23 1/724-6770             The Muskegon Police Department has received a request from the Liquor Control
F.1 \172 4-6768
                          Commission for an investigation concerning the transfer of the current 2000 SOM license
Info. Sys fl• ms          located at 1301 E . Apple. The applicants involved are Gurmeet Singh and Jaswinder
23 11724-6 744
F. \.\/722-Htl I          Singh.
Ll•is u n • Sl'r \'in ·
23 I 1724-6704            The request is to transfer of ownership of the license solely to Jaswinder Singh. Mr.
FA \ /724- 11 %
                          Singh resides at 549 Marlane Street, Muskegon, Michigan 49442. He currently works at
.\la 11a~c r \ Offiet·    the establishment which is retail business .
23 1/724- 6724
F,\ \/722- 12 14
                          We have searched our records and conducted a Michigan Criminal History Check and
1\ la yo r's Offii.:c
23 I /724-/,70 I          find no reason to deny this request.
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      Scrvi1.:cs
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 Po lil:c Dept.
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 P11 hli r \ Vurlmmendatihris ..··

        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 D No
        If you are recommending approval subject to certain conditions, list the conditions: (Allach a signed and daled report If more space Is needed)




      I Sectiorf4~                                                                  Recommendation
        From    your investigation:
           1.   Is this applicant qualified to conduct this business if licensed?  [Kl Yes            No          •
           2.   Is the. proposed location satisfactory for this business?          1RJ Yes            No          •
           3.
           4.
                Should this request be granted by the Commission?                  @ Yes              No          •
                If any of the above 3 questions were answered no, state your reasons: (Allach a signed and daled report If more space Is needed)




                                                                      Sig~re (Sherill or Chief of Police)                                                Dale

     LC· 1800 Rev. 06/97                          (Mail white copy to the Commission, Keep yellow copy for your file)
             MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
    /
        or                LIQUOR CONTROL COMMISSION
                              7150 Harris Drive
                                P.O. Box 30005
                        Lansing, Michigan 48909 - 7505

                        POLICE INVESTIGATION REQUEST
                        (Authorized by MCL 436.1(4))


                                           DATE:March 1, 2001
                                           REQUEST ID# 103266
Chief of Police
Muskegon Police Department
980 Jefferson Street
Muskegon Mi 49440

Chief of Law Enforcement Office

Applicant: Bunty, Inc. request to transfer ownership of 2000 SDM
licensed business from Gurmeet Singh & Jaswinder Singh located at 1301
E. Apple, Muskegon, MI 49442, Muskegon County .

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.

NO FINGER PRINT NECESSARY

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




LC-1972 Rev. 6/92
4880-1658
nll
MEMO
To:     Chief Tony Kleibecker

From: Det. Kurt Dykman

Date:   3-13-00

Re:     Transfer ownership of 1301 E. Apple, Muskegon, ML




Chief Kleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Bunty, Inc. for transfer of
ownership of2000SDM licensed business from Gurmeet Singh & Jaswinder Singh
located at 1301 E. Apple, Muskegon MI 49442.

This transfer of license is solely to Jaswinder Singh. Mr. Singh resides at 549 Marlane
St, Muskegon MI 49442. He currently works at the establishment that is a retail business.

I have searched MPD records and conducted a Michigan Criminal History Check and
find no reason to deny this request.

Respectfully submitted,




data/common/Jsingh
                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 Commission                         March 1, 2001
933 Terrance st                                  REQUEST ID# 103266
P . o. Box 536
Muskegon, MI 49443 - 0536

The Liquor Control Commission has received an application from:
Bunty, Inc. request to transfer ownership of 2000 SDM licensed business from
Gurmeet Singh & Jaswinder Singh located at 1301 E. Apple, Muskegon, MI 49442,
Muskegon County. Stockholder Jaswinder Singh 549 Marline st, Muskegon, MI
49442 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

LC- 3104 Rev . 6/90
4880- 2068
nll                                                RECEIVED
                                                       MAR    5 2001
                                                       MUSKEQ ON
                                                     CITY MANAG~r..•s

                                                --------·--
                                                         OFFICE
                                                                        -
             LIQUOR LICENSE REVIEW FORM ·

Business Name:           Bunty, Inc.
                  ------------,-----------
AKABusinessName{ifapplicable):              currently Dasmesh Mart (Sunny Mart)


Operator/Manager's Name:           Jq..s w/lJ cle /'     ~Ph
Business Address:           1301 E. Apple




Reason for Review:

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

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

Deadiilllle for receipt of all. information:           Apri 1 2, 200-1


Police Depa.rtmernt Approved       D Denied D          No Action Needed        D
Income Tax             Approved ~           ingO Amount:

Treasurer              Approved!
                                •      Owing  D        Amount:

Zoning                 Approved •      Denied D        Pending ZBA        •
C!erk.9 s              Approved
                                •      Owii:ngD         Amount:

Fire/Inspection       Compliance   D   Remaining Defects
 Services




Department Slignature    ~~

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

 Business Name:     ___Bunty, _______________
                              Inc.
                               ___;_:_       _
AKA Business Name (Jif applicable):             currently Dasmesh Mart (S unny Mart) .


Operato.r/Ma-nager's Name:               Jqs w/lJ Jf /'     .>1gt'h
Business Address:               1301 E. Apple



Reason for Review:

New License         D          'fransfer of Ownership                         D
                                                           @ · 'JIJJance Permit
Drop/Add Name on Lkel!Dse                •·               Trannsfeir Location D

Drop/Adld Stockholdeir Name              0        New JEnteirtainment Permit D
Other _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

JD>ea«:ltKine for receipt of all nnformmtion.:            Apri 1 2, 2001


Police Depa.ll"tment Approved            D Denied D       No Action Needed        D
Income Tax               Approved. ~wingO Amount:

Treasurer                Approved             wing  D     Amoullllt:

Zoning                   Appll"oved!     •   Denied D     Pending Z:BA       •
Cleirk.9 s               Approved.
                                         •   Ownng   •     Amount:

Fiire/][nspection       Compllfance      D   Remaining Defods
  Services




Department Signature ) ~ .3/xJlo J
                           '                  7 T'
                                                  Gail A. Kum.dingew, Clity Cleirk
                                                                Liquor License Coordinator
               LIQUOR LICENSE REVIEW FORM ·

 Business Name:               Bunty, . Inc .
                    -------'- -- - ---------,--- - -- - - - - -
 AKA Busi.ness Name (if applicable):                 currently Dasmesh Mart ( Sunny Mart)

 OperatoR"/Manager's Name:                (}g.s w/lJ Jf /'       Or>/pb
 Business Address:                 1301 E. App l e



Reason for Review:

New License         D          1'.ransfeir of Ownerslhuip      @ · Dance Permit   D
Drop/Addi Name on License                                      Transfer Location. D

Dr-op/Add Stock!noldeir Name              0            New JEimtertainment Permit D
Other _ __ _ __ _ __ _ _ _ _ _ __ _ _ __ __ _ __

ID>eadilJi.JIRe for irecelipt of   an iinfoirmatnon:          Apr i 1 2, 200·1

Police Department Approved               0     Denned!    0   No Adlion Needed 0

Income Tax               Approved!       •     Owing     •    Amount:

Treasmurer               Approved
                                         •     Owing     0    Amount:

Zonim.g                  Approved        ~l    Denied!   D    Pending ZBA
                                                                           '--
                                                                                 •
Clerk.9s                 Approved
                                         •      Ownng    •     Amount:

JFfre/Jfnspection       Com.pllnance     D     Remaining Defects
  Services




Department Signatllred ~
                          ✓




                                                       Gain A. Kundinger9 City Cleirk
                                                                    Liquor License Coordinator
              LIQUOR LICENSE REVIEW FORM

· Business Name:            Bunty, Inc.
                     - -----'--------,-----------
AKA Business Name (ff appiicable):             current l Y Dasmesh Mart ( Sunny Mart)


Operator/Manager's Name:

Business Address:              1301 E. Apple



Reason for Review:

New License          D       l'rairnsfeir of Ownership    @ · Dance Permit          D
Drop/Add Name on Liiceimse            D·                                   D
                                                           l'raimsfer Locatnon

Drop/Add Stockholder Name             D          New Entertainment Peirmit D
Other _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ __


DeadRiillle for receipt of all mformatlion:              Apri 1 2, 2001


Police Department Approved            D Denied! D        No Action Needed       D
Income Tax                Approved.   • Owillllg D       Amm111rnt:

Treasurer                 Approved
                                      •   Ownng  D       Amouumt:

Zoning                    Approved!   •   Demied D       Pendnllllg ZBA    •
Clerk' s                  Approved    ~    Owing    •     Amouumt:

Fire/Inspection:n.       CompHnance   D   Remaining Defects
  Services




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

Business Name:           Bunty, Inc .
                  -------------,-----------
AKA Business Name (if applicable):          currently Dasmesh Mart (Sunny Mart)


Operator/Ma-n ager's Name:                                S:,1g,toL
Business Address:           1301 E. Apple



Reason for Review:
New License       D       1'raH11sfe1r of Ownerslhuip    [iii · IDance Permit       D
Dirop/Add l\fame on LiceH11se      D·                                     D
                                                          Transfer Locatfon

Drop/Add Stockh.oldeir Name        D          New lEimteirtainment Permit D

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

DeadHiRD.e fmr receipt of all. illlfoirmation:          Apri 1 2, 2001


Pollice Depairtmemt Approved       D Denied! D          No Adion Needed         •
Income 1':ax           Approved    •    Ow1hmg   D      Amount:

1'ireasuue:r           Approved
                                   •    Owing  D        Amount:

Zolllilllg             Approved    •    Denied D        Pending ZBA        •
Clerk's                Approved    D    Ownng    •       Amount:

Fire/[nspection
 Services
                      Compliance   i    Remaining Defects




Department Signatur~.tl..lJ-e.'


                                              Gail A. Kundinger, City Cleirk
                                                              Liquor License Coordinator
Affirmative Action
616/724-6703
FAXn22-i214

Assessor
616/724-6708
FAX/724-.il78

Cemetery
616/724-6783
FAX/726-5617

Civil Service
616/724-6716
FAX/724-4055

Clerk
616/724-6705
FAX/724-4178

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

Engineering
616/724-6707
FAX/727-6904           Mr. Gordon Peterman, President
Finance                Sheldon Park Neighborhood Association
616/724-6713           1132 Oakgrove
FAX/724-6768
                       Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX/724-6985           Dear Mr. Peterman:
Income Tax
616/724-6770           A request has been received from the Liquor Control Commission to transfer
f<   ci         E
                                                                               D
Comm. & Neigh.                                                                 D                                      ti
                                                                                                                      a:
  Services                                                                     D
616/724-6717
FAX/726-2501          April 17, 2001
                                                                               I"'-
                                                                                                                      I
                                                                                                                      0
                                                                                                                      0
Engineering
616/724-6707
FAX/727-6904

Finance               Liquor Control Commission
616/724-6713
FAX/72<1-6768         7150 Harris
                      PO Box 30005
Fire Dept.
616/724-6792          Lansing, MI 48909-7505
FAX/724-6985

Income Tax            REF: #103266
616/724-6770
FAX/724-6768
                           1301 E. Apple
                           Muskegon,MI 49442
Info. Systems
616/724-6706
FAX/722-430!          To Whom It May Concern:
Leisure Service
616/7H-6704           Enclosed is the resolution and police inspection report (LC-1800) for the liquor
FAX/724-1196
                      license transfer 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
6 I 6/724-6701        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 Works
616/124-41_00
FAX/722-4138

Treasurer
616/724-6720
FAX/724-6768

Water Billing Dept.
616/724-6718
F AX/724-6763

Water Filtration
616/724-4106
F AX/755-5190
                        Ciiy of 1½!11l§kegon, 933 1ferrnce §!reel, IP'.O. l!llox 536, l½[i,sll,egon, Ml 49II
2.l iH-6703
F,\.\/722- 12 H

.-\ss\'sso r
23 I /724-(,708
F.-\ .\/726-5 18 1

(_\ •nu•l l'I} '
23 I /724 -(,783
F.-\.\/726-56 17

Ch·il Scn ·in•
231/724-67 16
F..\X/72 • -• • os
                                                            West Mlch.lgan's Shoreline City

Cll-rl,
23 1/7H-67115
F.\ :\/72• -4 178

                           April 2, 2001
      Sl'r\'in.•s
23 I /724-(, 7 17
F.-\:\ /72/,-2511 I

En!!,incl'rin g
                           To:             The City Commission through the City Manager
23 1/72 4-6707
F,-\.\/727-69114
                           From:            ~      L _/ ~                   -
Fi11a11n•
23 1/724-/, 713
                                           kirtony L. Kleibecker, Chief of Police
F.-\.\ /7 24-67/,8

 Fi n · lkpl.
                           Re:             Transfer of Ownership of Liquor License at 1601 Beach Street
 2J 1/724-6792
 F.\:\/7H-(,9X5

 l 11cu111L·   Ta~
 2J I /724-6 770
                           The Muskegon Police Department has received a request from the Liquor Control
 F.-\:\ /72 • -67(,8       Commission for an investigation concerning the transfer of the current license at 1601
 In fo. Systems
                           Beach St, Pavilion Building, Muskegon MI. 49441 from applicant Beach Street Inn, Inc.
 23 l /724-67H
 F. \.\/72 2-4311I
                           Beach Street Inn is requesting to transfer ownership of the current 2000 Class C-SDM
 LL·i ~urc St' t-Vin·
 23 I /724-6 704
                           licensed business (in escrow) with Dance-Ente1iainment Permit, Official Permit (food),
 Fr\.\/72• - 1I%           Outdoor Service (2 area"), and two bars from Marquette, Inc.
 ;\ lana~l'r's Orfin~
 13 1/724-(, 724           Our department has met with the applicant, Steve M. Schenck of 11517 Windsor Dr,
 F,\X/722-1214
                           Spring Lake, MI. , 49345. Mr. Schenck plans to keep the entertainment permit and have
 1\l:1yor's Officl'        music from both bands and pre-recorded background type music.
  2.l I /724-6 7111
 F.-\X/722- 12 14

                           We have searched our records and conducted a Michigan Criminal History Check and
      St.·n ·in·:-.        find no reason to deny this request.
 23 1/ 724-67 I 5
 F.-\X/726-2511 1

 Plan11i11~/Zon i 11g
 23 1/724-c.702            TK/cmw
 Fr\:\/724-67911

 Po lin.· l>l'pt.
 2.l 1/724-/, 7511
 F.-\X/722-51411

 Puhlir \Vorl,s
 2J 1/724-411111
 F,\.\/722 -4 IXX

 Tn·:1s 11n~r
 23 I /724-6 7211
 F,\X/724-6768

  \l'alcr Billing D,•pl.
  2J 1/7H-(,7 IR
  FAX/724-/,76R

  \\'atL•r F iltrat ion
  2J 11724-4 I06
  F.-\:\/755-5290

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

  From: Det. Kurt Dykman

  Date: 3-30-00

  Re:    Transfer of ownership/ liquor license



  ChiefKleibecker,

  The Muskegon Police Department has received a request from the Michigan Liquor
  Control Commission for an investigation from applicant Beach Street Inn, Inc., Pere
  Marquette Park, 1601 Beach St, Pavilion Bldg., Muskegon MI. 49441.

  Beach Street Inn is requesting to transfer ownership of2000 Class C-SDM licensed
  business (in escrow) with Dance-Entertainment Permit, Official Permit (food), Outdoor
  Service (2 area"), and 2 bars from Marquette, Inc.

  I have met with the applicant, Steve M. Schenck of 11517 Windsor Dr, Spring Lake, MI.,
  49345. Mr. Schenck plans to keep the entertainment permit and have music from both
  bands and pre-recorded background type music.

  I have searched MPD records and conducted a Michigan Criminal History Check and
  find no reason to deny this request.

  Respectfully submitted,


,//£'.'.~~             ... ··••.   - -


  Det. Kurt Dykman


  data/common/schenck
             LIQUOR LICENSE,REVIEW FORM
                         .                                 'i                .
Business Name:       Beach Street Inn, Inc.

AKA Business Name (if applicable): -=Ja:::..:l~a=pe::.:.n:.::.o....:'s=----------

Operator/Manager's Name:                  Steven M. Schenck
                                         ---'---'----------------
Business Address:        1601 Beach Street



Reason for Review:

New License     D            Transfer of Ownership ~                          Dance PermitD
Drop/Add. Name on License                      D·                       Transfer Location D

Drop/Add Stockholder Name                      D                New Entertainment Permit D

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

DeadlU.ne for ireceipt of all information:                             April 2 2001


Police Department Approved Bnenied                            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 Signatu:re_       ____.;/1
                                   :.......;.;
                                           " """'--t   _ 1_.Z=jb
                                                               - ~_.o_,,.._. . _JL.,_,...
                                                                                  _ _ _ _ _ _ _ __




                                                                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, Ml 48909-1505


                                 LOCAL APPROVAL NOTICE
                                 (Authorized by MCL 436.1501(2) and MAC 1105(2)(d))




                                                                                      Ref#
                                                                                      Req ID#l03560
Date:   March 9, 2001


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

Applicant: BEACH STREET INN, INC.
HOME ADDRESS AND PHONE NO:
Steven M. Schenck, 1601 Beach Street, Muskegon, MI 49441 H&B(616)485-1293




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 8/98
4880-1234
                            STEVEN 1\11. SCHENCK 7.95                        9-32/720                    11 7 5
                                  UC. S520777603177                        275000529170         /
                                  11517 WINDSOR OR.
                                   SPARTA, Ml 49345
                                                                         DATE       ?&I~~/




1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - n n 1 1 S , , w ,




                            STEVEN 1\11. SCHIEI\ICK 7.95
                                                                             9-32/720
                                  UC. S520777603177
                                                                            275000529170                 1176
                                                                                 J&/4,/
                                  11517 WINDSOR DR.
                                  SPARTA, Ml 49345
                                                                          DATE


PAYTOTHE
ORDER OF                    _,;r4 7a           ,-_,,,::   d?'J "TL   I/Z L' )hi,           I$        /5 .,,.,:,
                        / ) ,F ~J.A!,7              ~-=-~                                           DOLLARS   lcrli!,,;!f;:-
                     =
       !BJjj!JI/I!}[=
                    :=@/!!/IE.
       Bank Ona       """
       Detroit, Michlgari 48226
            £"'              IJ. •,_
MEMO       ~ v              ('4 >,;I}   ;,
                  I
  n:o 7 2000 :3 2 bu:
             LIQUOR LICENSE REVIEW FORM

Business Name:        Beach Street Inn, Inc .

AKA Business Name (if applicable): _..;_Ja"--l-"-a._pe'--n-'-0_s_ _ _ _ _ _ _ __
                                                     1




Operator/Manager's Name:
                                 -Steven
                                   ' - -M.- Schenck
                                            ------------
Business Address:        1601 Beach Street



Reason for Review:

New License     D          Transfeir of Ownership        @]           D
                                                               Dance Permit

Drop/Add Name on License           •                Transfer Location D

Di'op/Add Stockholder Name         D         New Entertainment Permit D

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

Deadline for :receipt of all information: __Ap,__r_i_l_2-'-2_00_1_ _ __

Police Department Approved         D Denied D
                                           No Action Needed                     D
                               rv(~ 1--Y~~         ~AA u l\ A--rl1 r'11-Y\
                      Approved A - - - - - - -                                                (l'owmblp Boord, City or Villago Council)



calledtoorderby                 Mayor Nielsen                                         on April 10 l 2001                                    at          5:30                  P.M.

The following resolution was offered:

Moved by Comm i ssioner Benedi ct                                               and supported by                Vice Mayor Sieradzk i

That the request from BEACH STREET INN, INC. to transfer ownership of 2000 Class c
licensed business with Dance-Entertain.~ent Per~it; located in escrow at Pere Marquette
Park, 1601 Beach, Pavilion Bldg., Muskegon, MI 49441, Muskeg.on County, from MARQUETTE,
INC .




be considered for                   A       rova l
                                                                                (Approval or Diupproval)

                                    APPROVAL                                                                    DISAPPROVAL

                Yeas:           7                                                                 Yeas:

                Nays:           0                                                                 Nays:

                Absent:             0                                                             Absent:

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

                                Recommended                                                                                                                    for issuance
- - - - - - -- - --(R.:eomm,---icndod-or_
                                        no_tRc<
                                             -- , m-me_ndcd_)- - - - - - - - - - - - --



State of Michigan _ _ __ _,
                                                                §
County of          Muskegon                            )

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

                 c t~y'-C__o_m_m_is--s__i._ao__n_ _ _ _ _ _ at a __R_e_.g_u_la_ r_ _ _ _ _ _ _ _ __
adopted by the ___                ,=·

                                  (l'own.,hip Boord, City or VU!ag,, Council)                                                 (11<,gular or Spe,,ial)



meeting held on Apr i 1 10, 2001 •
                                        ((late)



                     SEAL                                                                                  (Signed)    ~
                                                                                                                           (Mailing llddlUS ofTowo.,hip, City of Village)
                                                                                                                      Muskegon, MI                      49443-0536
                                                    CITY OF lvIBSKJEGON

                                               lv1USKJEGON COUNTY, lVi!ICffiGAN

                                                     Resol1.1tio11 No. 2001-36 ( c)


                                  A Resoiution approving lease of the business and buiiding
                                     subject to the Ground Lease at 1601 Beach Street.


                                                             Recitals

            1. The City of Muskegon has entered into a Ground Lease for certain land located at 1601 Beach
St. with Pavilion Properties, L.L.C., upon which is located a building and other improvements owned by
Pavilion Properties L.L.C. and used for a restaurant and bar business, a use which is required to be carried
on by the said lessee under the Ground lease.

        2. The ground lessee, Pavilion Properties, L.L.C., wishes to operate its business in the building
through a subsidiary entity, known as Beach Street Inn, Inc., which would be a lessee of the building
owned by the ground lessee.

         3. T'nat there has beeu uo requesi by the ground lessee to assign or otherwise alienate its
responsibilities under the ground lease, and all the responsibilities of the ground lessee to the City, (ground
lessor), remain unchanged.

        4. That the purpose of the request relates solely to the responsibilities of the ground lessee under
the ground lease.


        NOW, TIEIEREFORE, the City Commission of tlile City of Muskegon, relyil!lg upo11
am.D incorporatilllg tile above recitals, hereby resolves:

        That the lease arrangement for the building between Pavilion Properties, L.L.C. and Beach
Street Inn, Inc., is approved, PROVIDED that Pavilion Properties, L.L.C. shall remain fully
responsible to the City for all requirements of the Ground Lease, and PROVIDED any act or
omission by Beach Street Inn, Inc. shall be fully chargeable to, and shall be the responsibility of,
Pavilion Properties, L.L.C. The City recognizes no separate right of Beach Street Inn, Inc., in the
ground lease or the land which is the subject of that ground lease. Beach Street Inn, Inc. shall be
entirely subject to all requirements and responsibilities of Pavilion Properties, L.L.C., and shall
not be entitled to any separate notices or any separate rights.

        In the event the lease provides anything contrary to the contents of this resolution, this
resolution shall be void and the consent to the lease to Beach Street Inn, Inc. shall not exist.




r:-rP.kt\rP.~nh1tion l'l.nnrovino lP.il<::P.
2001-36(c)
THIS RESOLUTION ADOPTED

AYES      Aslakson, Benedict , Niel sen, Schweifl er, Shepherd, Sieradzki, Sp atar o

NAYS      None ·




                                           CERTIFICATE

STATE OF MICHIGAN
COUNTY OF MUSKEGON
        I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Ivlichigan, held on the 10th day
of     Apr i 1 , 2001                   , and that the minutes of the meeting are on file in the office
of the City Clerk and are available to the public. Public notice of the meeting was given pursuant
to and in compliance with Act 267, Public Acts ofMic~               6.

                                                      -   -'---"--=-=c-=-.,,'----'~   - --   -   -   --1'"--- -
                                                      Gail A Kundinger, City Clerk
   Req ID #103560                                                                                                 Michigan Department of Consumer & Industry Services
                                                                                                                           LIQUOR CONTROL COMMISSION


                                                                                                                                                                          a, ,
    IP'OUCiE !NSIP'IEClr!ON RIEIP'O, .• ON UQI.JOR llJCrENSIE                                       FllEQllilES"i                  7 i 50 Harris Drive
                                                                                                                                    P.O. Box 30005        •
                                           (Authorized by MCL 436. 7a)
                                                                                                                             Lansing, Michigan 48909-750    ; .

   Important:        Please conduct your inves!igalion "• soon as possible and complete ,ill lour sections of !his report.                                         /   j /S .,()/
                     Return lhe completed report and lingerprini cards lo !he Commission.                                                                      /
                                                                                                                                                                   1
                                                                                                                                                                       3/
    BUSINESS NAME AND ADDRESS: (include zip code)                                              Muskegon. ounty
   BEACH STREET INN, INC., Pere Merquette Park, 1601 Beach, Pavilion Bldg., Muskegon, MI 49441,
   REQUEST FOR: Transfer ownership of 2000 Class C-SD'l licensed business (in escrow) with Tunce-Entert:airurent Permit,
   Official Permit (Food), Outdoor Service (2 areas), mid 2 bars, from MARQUETIE, INC.
    Section ·1.
   APPLICANT #1:                                                                       APPLICANT #2:
   Steve M. Schenck - Stockholder
   HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                            HOME ADDRESS AND AREA CODE/PHONE NUMBER:
   1601 Beach Street
   Muskegon, MI 49441
   DATE OF BIRTH:        "°> .g-.   i./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?
        0 Yes         ONo                                                                     D Yes        D No
    o Does the applicant have a Visa? Enter status:                                       o Does the applicant have a Visa? Enter status:

   Date fingerprinted:                                                                  Date fingerprinted:


  ARREST RECORD:         0 Felony D Misdemeanor                                        ARREST RECORD: 0 Felony             D 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)




   Can living quarters be reached from the inside of the establishment without going outside?                         D    Yes       Ji;l' No
   Does applicant)ntend to have dancing or entertainment?
   D  No       1K] Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
   Are gas pumps on the premises or directly adjacent?               ~ No             D    Yes, e"plain relationship:




   Will the applicant's proposed location meeMII 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 Section 4.                                                             f'!eeoinmendaiion
   From    your investigation:
      1.   Is this applicant qualified to conduct this business if licensed?  ~ Yes          O No
      2.   Is the. proposed location satisfactory for this business?          0Yes           O No
      3.   Should this request be granted by the Commission?                  13'.J.Yes      O No
      4.   If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)




                                                           Signature<(sheriff or Chief of Police)                                                     Date

LC-1800 Rev. 06/97                          (Mail white copy to the Commission, Keep yellow copy for your file)
                                                     STATE OF MICHIGAN
                                          JPARTMENT OF CONSUMER & INDUSTRY SER
                                                 LIQUOR CONTROL COMMISSION
                                                        7150 Harris Drive
                                                         P.O. Box 30005
                                                     Lansing, Ml 48909-7505


                            LOCAL LAW ENFORCEMENT AGENCY REPORT
                                        DANCE/BNTERTAINMENTfl'OPLESS ACTIVITY PERMIT
                                                  (Authorized by MCL 436.1916)


BEACH STREET INN INC.
APPLICANT/LICENSEE                                                                                                    PHONE NUMBER



          1601 Beach St            Muskegon                                                    Mus~egon         49441
STREET ADDRESS                         CITY                            TOWNSHIP                             COUNTY              ZIP




1.        The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing
          by customers. YES "Jll.._ NO • NI A •

2.        Describe the type of entertainment applicant/licensee will provide:           N/A D
                   Music- band & pre-recorded



3.        Will this entertainment include topless activity? YES        D       NO       Ji._      NIA       •


                      DANCE PERMIT                         YES    '¢_         NO    •           NIA     •
                      ENTERTAINMENT PERMIT                 YES     ~          NO    •           NIA     •
                      TOPLESS ACTIVITY PERMIT              YES     •          NO    )ia'        NIA     •




                                                              ~        '- ·   / ~·                    'Y - 13 - 0 (

          DATE SUBMfITED                                               OFFICER'S SIGNATURE


                                                               Muskegon Police Department                   231.724.6750
                                                                       DEPARTMENT NAME                                PHONE NUMBER



                                                                980 Jefferson Ave.                              Mus 1Ho res



                                            i
                                                 •
                                                 \
                                                     '·. --._!UDDIMAN CRf:EK
                                                               ~~---------·-···



  A &: C MACHINE
    &: TOOL CO.



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                                     -$-~w-2
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                                                                                                 I         KNOLL GROUP
                                                                                                           (FORMER SHAW~WAUjb..Se.,/
     I
                                  Cl
                                                                                                 I                                    "'"'--1 \S _



PROP~RTY :O~NDARY         y-;,4iL--                               ~.OW-l-                 . __   !              ·KAYOON CORPOR
                                        CADD I w                                     ;:i~ber                            2860 McCRACKEN
                         ·             -~--"----'                                    ERMGroupl=--~------NO_R_T_ON_S_HO_R_E_S,_M_l_CH_IG_At

                                       Dotei~;;~y:a•v'd ERM!!)                                   Dell Engineering, Inc. [~t~r,ti~~
                                                                                                                                                                                                               Commerr:e
                                                                                                                                                                                                                .f!!!!IJ
                                                                                                                                                                                                               --62-101 / 311
                                                                                                                                                                                                                                                        023484
                                                                                                                                                                                                                                     CHECK DATE     REFERENCE NUMBER

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  £l'2'"    ,.......                                                                                                                                                                                                                :<031/.02/01     0023484 ,'
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                                                                                                                                                                                                                                   ·:AMOUNT
                                                                                                                                                                                                                                         ,.:   '


                                                                                                                                                                                                                                  $~".;;;**100:00
PAY:                                           ,     ,.,·"'",/.',"i;'•       , •·"·',',',,'",11,,,u" ,_        ;',",:":•;,;;,, .., .. ,;   ,"':"·"\,,,·;:: •"'""'
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                                                                         Ii!/iiiii:: ,i,:Jf1iil il~lili1I ::,::
TO:
                                                                          CITY OF"MOSKEGON
                                                                          9},,~,, TE~,s;Jj; §TRE,~7
                                                                         MGSKEGQN.:' l<',';,:M-1,: .i':4 9 4;4'.'3-
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                                                                                                          ~E


                                                                 11•0 2 31.,81.,11'                                                             ,:o 3 I, 1,0 1,0 I, 71:                                        'l 5 0000b 5       311•
Date:         April 1 O, 2001
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City- MOOT Agreement for:
              Barclay Street, Sherman to Hackley




SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Barclay Street
from Sherman to Hackley and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.



FINANCIAL IMPACT:
MOOT participation is about $366,628 but not to exceed 81.85% of eligible cost. The
estimated total (including engineering) cost of the project is $600,000.



8UDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.



STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.



COMMITTEE RECOMMENDATION:
                                   RESOLUTION 2001-37 ( l)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION (BITUMINOUS SURFACE, C & G, GRADING, SIDEWALK AND ALL
NECESSARY RELATED WORK) ON BARCLAY STREET FROM SHERMAN TO HACKLEY AVE.
AND AUTHORIZATION FOR MAYOR, FRED J. NIELSEN, AND CITY CLERK, GAIL A KUNDINGER,
TO EXECUTE SAID CONTRACT




Moved           by Cammi s s i oner Spataro                  and           supported             by
Commissioner     As l ak son              that the following Resolution be adopted:




WHEREAS, entry by the City of Muskegon into Contract no. 01-5108 between the Michigan
Department of Transportation and the City of Muskegon for the RECONSTRUCTION OF BARCLAY
Street between Sherman And Hackley within the City is in the best interests of the City of Muskegon.




RESOLVED, that entry by the City into Contract Agreement Number 01-5108 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.




Adopted this   10th       day of    April      , 2001.




                                             BY    ~             -~


                                                  Fred J. Nielsen, Mayor



                                        ATTEST     Jk0.            ~W
                                                  Gail A. Kundinger, City Clerk
2001-37 ( l )


                                  CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
 Apr i 1 ·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.


                                                                       FMUSKEGON
STP                                                          DIR
                                                     Project                STP 0161(213)
         ,cCEIVtu                                    Job Number             50054
         CITY OF MUSKEGON                            Control Section        STUL 61407
                                                     Fed Item#              HH2787
             I HIR·
              '"'   l
                        0
                        d   0 "(.;)11 01             Contract No.           01-5108


                                             PART I


         THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made and entered into this date of_ _ _ _ _ _ _ _ _ _ _ , by and between the MICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJE_CT" and estimated in detail on EXHIBIT "I", dated March 22, 2001, attached hereto
and made a part hereof:

       Bituminous pavement work along Barclay Street from Sherman Boulevard to
       Hackley Avenue; including earthwork, drainage structures, and curb and gutter work;
       and all together with necessary related work.


       WITNESSETH:

        WHEREAS, ;ursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and

      WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and

       WHEREAS, the PROJECT, or portions of the, PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:

                                 SURFACE TRANSPORTATION PROGRAM

       WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form ofa written
contract.



09/06/90 STP.FOR 3/22/01                        I
        NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:

        1.      The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.

       2.     The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical constmction necessary for the completion of the PROJECT.

       Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.

        The costs incurred by the REQUESTING PARTY for preliminary engineering, constmction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.

       3.      The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.

     Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.

         4.    The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:

               A.     Design or cause to be designed the plans for the PROJECT.

               B.     Appoint a project engineer who shall be in responsible charge of the
                      PROJECT and ensure that the plans and specifications are followed.

               C-.    Perform or cause to be performed the construction engineering and inspection
                      services necessary for the completion of the PROJECT.

        The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any tmnkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.

      5.     The PROJECT COST shall be met in part by contributions by the Federal
Government. Under the terms of this contract, Federal Surface Transportation Funds shall be applied


09/06/90 STP.FOR 3/22/01                        2
to the eligible items of the PROJECT COST at the established Federal participation ratio equal to
81.85 percent up to an amount not to exceed $366,628. The balance of the PROJECT COST, after
deduction of Federal Funds, shall be charged to and paid by the REQUESTING PARTY in the
manner and at the times hereinafter set forth.

       Any items of PROJECT COST not reimbursed by Federal Funds shall be the sole
responsibility of the REQUESTING PARTY.

        6.     No working capital deposit will be required for this PROJECT.

        In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.

        In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail. ·

       7.      Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.

       8.      The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
                     '
        9.      The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.

       The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING


09/06/90 STP .FOR 3/22/01                        3
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs of remediation of such hazardous substances in its estimated
cost of construction of the PROJECT.

         10.     If, subsequent to execution of this contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.

         11.    If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
                      '
       12.     The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.

        Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.




09/06/90 SIP.FOR 3/22/01                          4
        The providing of recommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).    ·

       When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.

        13.     The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes of MCL 691.1402; MSA 3 .996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.

        14.    The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.

       15.     The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.

       16.     The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:

               A.     Maintain bodily injury and property damage insurance for the duration of the
                      PROJECT.

               B.     Provide owner's protective liability insurance naming as insureds the State of
                      Michigan, the Michigan State Transportation Commission, the
                      DEPARTMENT and its officials, agents and employees, the REQUESTING
                      PARTY and any other party with jurisdiction for the roadway being
                      constructed as the PROJECT, and their employees, for the duration of the
                      PROJECT and to provide copies of certificates of insurance to the insureds.
                      It is understood that the DEPARTMENT does not assume jurisdiction of the
                      highway described as the PROJECT as a result of being named as an insured
                      on the owners protective liability insurance policy.




09/06/90 STP.FOR 3/22/01                        5
                 C.        Comply with the requirements of notice of cancellation and reduction of
                           insurance set forth in the current standard specifications for construction and
                           to provide copies of notices and reports prepared to those insured.       ·

          17.      This contract shall become binding on the parties hereto and of full force and effect
  upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
  of the necessary resolutions approving said contract and authorizing the signatures thereto of the
  respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
. attached to this contract.

        IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
 day and year first above written.

 CITY OF MUSKEGON                                         MICHIGAN DEPARTMENT
                                                          OF TRANSPORTATION



  Title:   Fred J·. Nie 1sen


               o
           Mayo    · , /

 By  ~             ·.c!<~LJ
  Title:   Gai 1 A. Kundinger       d
           City Clerk




                       '




 09/06/90 SIP.FOR 3/22/01                            6
                                                                                  March 22, 2001


                                           EXHIBIT I

                              PROJECT      SIP 0161(213)
                              JOB NUMBER    50054
                              CONTROL SECTION STUL 61407


                                      ESTIMATED COST

CONTRACTED WORK

       Estimated Cost                                                      $549,200




                                    COST PARTICIPATION

               GRAND TOTAL ESTIMATED COST                                  $549,200
               Less Federal Funds*                                         $366.628
               BALAL"\ICE (REQUESTING PARTY'S SHARE)                       $182,572


*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amount not to exceed $366,628.

NO DEPOSIT




09/06/90 SIP.FOR 3/22/01                        7
DOT                                                       TYPEB
                                             BUREAU OF HIGHWAYS
                                                          03:15-93




                            PART II

              STANDARD AGREEMENT PROVISIONS


      SECTION I   COMPLIANCE WITH REGULATIONS AND DIRECTIVES

      SECTION II PROJECT ADMINISTRATION AND SUPERVISION

      SECTION III ACCOUNTING AND BILLING

      SECTION IV MAINTENANCE AND OPERATION

      SECTION V _SPECIAL PROGRAM AND PROJECT CONDITIONS




                              1
                                          SECTION I

                   COMPLIANCE WITH REGULATIONS AND DIRECTIVES

A.     To qualify for eligible cost, all work shall be documented in accordance with the require-
       ments and procedures of the DEPARTMENT.

B.     All work on projects for which reimbursement with Federal funds is requested shall be
       performed in accordance with the requirements and guidelines set forth in the following
       Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
       referenced in pertinent sections of Title 23 of the Code of Federal Regulations (CFR), and
       all supplements and amendments thereto.

       1.     Engineering

              a.      F APG (23 CFR 140G): Payroll & Related Expense of Public Employees;
                      General Administration and Other Overhead; and Cost Accumulation
                      Centers and Distribution Methods

              b.      FAPG (6012.1): Preliminary Engineering

              c.      F APG (23 CFR 172): Administration of Engineering and Design Related
                      Service Contracts

              d.     F APG (23 CFR 635A): Contract Procedures

      2.      Construction
                      ,
              a.     F APG (23 CFR 140E): Administrative Settlement Costs-Contract Claims

              b.     F APG (23 CFR 140B): Construction Engineering Costs

              C.     FAPG (23 CFR 140G): Reimbursement for Employment of PublJc
                     Employees on Federal-Aid Projects                        ·

              d.     F APG (23 CFR 17): Recordkeeping and Retention Requirements for
                     Federal-Aid Highway Records of State Highway Agencies

              e.     FAPG (23 CFR 635A): Contract Procedures

              f.     FAPG (23 CFR 635B): Force Account Construction

              g.     F APG (23 CFR 645A): Utility Relocations, Adjustments and


03-15-93                                       2
                        Reimbursement


             h.         FAPO (23 CFR 645B): Accommodation ofUtilities (PPM 30-4.1)

             1.         F APO (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
                        Streets and Highways

      3.     Modification Or Construction Of Railroad Facilities

             a.         FAPO (23 CFR 1401): Reimbursement for Railroad Work

             b.         F APO (23 CFR 646B): Railroad Highway Projects

C.    In conformance with FAPG (23 CFR 630C) Project Agreements, the political
      subdivisions party to this contract, on those Federally funded projects which exceed a
      total cost of $100,000.00 stipulate the following with respect to their specific
      jurisdictions:

      1.     That any facility to be utilized in performance under or to benefit from this
             contract is not listed on the Environmental Protection Agency (EPA) List of
             Violating Facilities issued pursuant to the requirements of the Federal Clean Air
             Act, as amended, and the Federal Water Pollution Control Act, as amended.

      2.     That they each agree to comply with all of the requirements of Section 114 of the
             Federal Clean _fl.ir Act and Section 308 of the Federal Water Pollution Control
             Act, and all regulations and guidelines issued thereunder.
                    ,
      3.     That as a condition of Federal aid pursuant to this contract they shall notify the
             DEPARTMENT of the receipt of any advice indicating that a facility to be
             utilized in performance under or to benefit from this contract is under
             consideration to be listed on the EPA List of Violating Facilities.
                                                                                      ,.   ',.
                                                                                      '    ~ '.'

D.    Ensure that the PROJECT is constructed in accordance with and incorporates_all
      committed environmental impact mitigation measures listed in approved environmental
      documents unless modified or deleted by approval of the FHWA.

E.    All the requirements, guidelines, conditions and restrictions noted in all other pertinent
      Directives and Instructional Memoranda of the FHWA will apply to this contract and will
      be adhered to, as applicable, by the parties hereto.




03-15-93                                        3
                                         SECTION II

                   PROJECT ADMINISTRATION AND SUPERVISION


A.    The DEPARTMENT shall provide such administrative guidance as it detennines is
      required by the PROJECT in order to facilitate the obtaining of available federal and/or
      state funds.

B.    The DEPARTMENT will advertise and award all contracted portions of the PROJECT
      work. Prior to advertising of the PROJECT for receipt of bids, the REQUESTING
      PARTY may delete any portion or all of the PROJECT work. After receipt of bids for
      the PROJECT, the REQUESTING PARTY shall have the right to reject the amount bid
      for the PROJECT prior to the award of the contract for the PROJECT only if such
      amount exceeds by twenty percent (20%) the final engineer's estimate therefor. If such
      rejection of the bids is not received in writing within two (2) weeks after letting, the
      DEPARTMENT will assume concurrence. The DEPARTMENT may, upon request,
      readvertise the PROJECT. Should the REQUESTING PARTY so request in writing
      within the aforesaid two (2) week period after letting, the PROJECT will be cancelled
      and the DEPARTMENT will refund the unused balance of the deposit less all costs
      incurred by the DEPARTMENT.

C.    The DEPARTMENT will perfonn such inspection services on PROJECT work
      perfonned by the REQUESTING PARTY with its own forces as is required to ensure
      compliance with the approved plans & specifications.

P.    On those projects funded with Federal monies, the DEPARTMENT shall as may be
      required secure from the FHWA approval of plans and specifications, and such cost
      estimates for FHWA participation in the PROJECT COST.

E.    All work in connection with the PROJECT shall be perfonned in confonnance with the
      Michigan Department of Transportation Standard Specifications for Constructicin, and the
      supplemental specifications, Special Provisions and plans pertaining to the PROJECT
      and all materials furnished and used in the construction of the PROJECT shall confonn to
      the aforesaid specifications. No extra work shall be perfonned nor changes in plans and
      specifications made until said work or changes are approved by the project engineer and
      authorized by the DEPARTMENT.




03-15-93                                      4
F.     Should it be necessary or desirable that portions of the work covered by this contract be
       accomplished by a consulting firm, a railway company, or governmental agency, firm,
       person, or corporation, under a subcontract with the REQUESTING PARTY at
       PROJECT expense, such subcontracted arrangements will be covered by formal written
       agreement between the REQUESTING PARTY and that party.

       This formal written agreement shall: include a reference to the specific prime contract to
       which it pertains; include provisions which clearly set forth the maximum reimbursable
       and the basis of payment; provide for the maintenance of accounting records in
       accordance with generally accepted accounting principles, which clearly document the
       actual cost of the services provided; provide that costs eligible for reimbursement shall be
       in accordance with clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 3 I,
       23 CFR Part 140, 0MB Circular A-87, etc. as applicable; provide for access to the
       department or its representatives to inspect and audit all data and records related to the
       agreement for a minimum of three years after the department's final payment to the local
       unit.

       All such agreements will be submitted for approval by the DEPARTMENT and, if
       applicable, by the FHW A prior to execution thereof, except for agreements for amounts
       less than $25,000 for preliminary engineering and testing services executed under and in
       accordance with the provisions of the "Small Purchase Procedures" F APG (23 CFR 172),
       which do not require prior approval of the DEPARTMENT or the FHWA.

      Any such approval by the DEPARTMENT shall in no way be construed as a warranty of
      the subcontractor's qualifications, financial integrity, or ability to perform the work being
      subcontracted.

G.    The REQUES[ING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall
      make such arrangements with railway companies, utilities, etc., as may be necessary for
      the performance of work required for the PROJECT but for which Federal or other
      reimbursement will not be requested.

H.    The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
      secure, as.necessary, all agreements and approvals of the PROJECT with railway
      companies, the Railroad Safety & Tariffs Division of the DEPARTMENT and other
      concerned governmental agencies other than the FHWA, and will forward same to the
      DEPARTMENT for such reviews and approvals as may be required.

I.    No PROJECT work for which reimbursement will be requested by the REQUESTING
      PARTY is to be subcontracted or performed until the DEPARTMENT gives written
      notification that such work may commence.




03-15-93                                        5
J.     The REQUESTING PARTY shall be responsible for the payment of all costs and
       expenses incurred in the performance of the work it agrees to undertake and perform.

K.    The REQUESTING PARTY shall pay directly to the party performing the work all
      billings for the services performed on the PROJECT which are authorized by or through
      the REQUESTING PARTY.

L.    The REQUESTING PARTY shall submit.to the DEPARTMENT all paid billings for
      which reimbursement is desired in accordance with DEPARTMENT procedures.

M.    All work by a consulting firm will be performed in compliance with the applicable
      provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as
      well as in accordance with the provisions of all previously cited Directives of the FHWA.

N.    The project engineer shall be subject to such administrative guidance as may be deemed
      necessary to ensure compliance with program requirement and, in those instances where a
      consultant firm is retained to provide engineering and inspection services, the personnel
      performing those services shall be subject to the same conditions. ·

0.    The DEPARTMENT, in administering the PROJECT in accordance with applicable
      Federal and State requirements and regulations, neither assumes nor becomes liable for
      any obligations undertaken or arising between the REQUESTING PARTY and any other
      party with respect to the PROJECT.

P.    In the event it is determined by the DEPARTMENT that there will be either insufficient
      Federal funds or insufficient time to properly administer such funds for the entire
      PROJECT or portions thereof, the DEPARTMENT, prior to advertising or issuing
      authorization for work performance, may cancel the PROJECT, or any portion thereof,
      and upon written notice to the parties this contract shall be void and of no effect with
      respect to that cancelled portion of the PROJECT. Any PROJECT deposits previously
      made by the parties on the cancelled portions of the PROJECT will be promptly refunded.

Q.    Those projects funded with Federal monies will be subject to inspection at all t4nes by
      the DEPARTMENT and the FHWA.




03-15-93                                       6
                                        SECTION III

                             ACCOUNTING AND BILLING

A.    Procedures for billing for work undertaken by the REQUESTING PARTY:

      1.
                                             .
            The REQUESTING PARTY shall establish and maintain accurate records, in
            accordance with generally accepted accounting principles, of all expenses incurred
            for which payment is sought or made under this contract, said records to be
            hereinafter referred to as the "RECORDS". Separate accounts shall be established
            and maintained for all costs incurred under this contract.

            The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
            years from the date of final payment of Federal Aid made by the DEPARTMENT
            under this contract. In the event of a dispute with regard to the allowable
            expenses or any other issue under this contract, the REQUESTING PARTY shall
            thereafter continue to maintain the RECORDS at least until that dispute has been
            finally decided and the time for all available challenges or appeals of that decision
            ha~·expired.

            The DEPARTMENT, or its representative, may inspect, copy, or audit the
            RECORDS at any reasonable time after giving reasonable notice.

            If any part of the work is subcontracted, the REQUESTING PARTY shall assure
            compliance with the above for all subcontracted work.

            In the event that an audit performed by or on behalf of the DEPARTMENT
            indicates an adjustment to the costs reported under this contract, or questions the
            allowability of an item of expense, the DEPARTMENT shall promptly submit to
            the REQUESTING PARTY, a Notice of Audit Results and a copy of the audit
            report which may supplement or modify any tentative findings verbally ·
            communicated to the REQUESTING PARTY at the completion of an audit.

            Within sixty (60) days after the date of the Notice of Audit Results, the
            REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
            DEPARTMENTindicatingwhether or not it concurs with the audit report, (b) clearly
            explain the nature and basis for any disagreement as to a disallowed item of expense
            and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
            no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
            The RESPONSE shall be clearly stated and provide any supporting documentation
            necessary to resolve any disagreement or questioned or no opinion expressed item of
            expense. Where the documentation is voluminous, the REQUESTING PARTY may


03-15-93                                      7
            supply appropriate excerpts and make alternate arrangements to conveniently and
            reasonably make that documentation available for review by the DEPARTMENT.
            The RESPONSE shall refer to and apply the language of the contract. . The
           ·REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
            (60) day period constitutes agreement with any disallowance of an item of expense
            and authorizes the DEPARTMENT to finally disallow any items of questioned or no
            opinion expressed cost.

           The DEPARTMENT shall make its decision with regard to any Notice of Audit
           Results and RESPONSE within one hundred twenty (120) days after the date of the
           Notice of Audit Results. Ifthe DEPARTMENT determines that an overpayment has
           been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
           that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
           a repayment schedule within thirty (30) days after the date of an invoice from the
           DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
           reach agreement with the DEPARTMENT on a repayment schedule within the thirty
           (30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
           deduct all or a portion of the overpayment from any funds then or thereafter payable
           by the DEPARTMENT to the REQUESTING PARTY under this contract or any
           other agreement, or payable to the REQUESTING PARTY under the terms of! 95 I
           PA 51, as applicable. Interest will be assessed on any partial payments or repayment
           schedules based on the unpaid balance at the end of each month until the balance is
           paid in full. The assessment of interest will begin thirty (30) days from the date of
           the invoice. The rate of interest will be based on the Michigan Department of
           Treasury common cash funds interest earnings. The rate of interest will be reviewed
           annually by the DEPARTMENT and adjusted as necessary based on the Michigan
           Department of Treasury common cash funds interest earnings. The REQUESTING
           PART¥ expressli consents to this withholding or offsetting of funds under those
           circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
           the DEPARTMENT'S decision only as to any item of expense the disallowance of
           which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.

           The REQUESTING PARTY shall comply with the Single Audit Act of,1984, P.L.
           9&-502.

           The REQUESTING PARTY shall adhere to the following requirements associated
           with audits of accounts and records:

           a. Agencies expending a total of $300,000 or more in federal funds, from one or
           more funding sources in its fiscal year, shall comply with the requirements of the
           federal Office of Management and Budget (0MB) Circular A-133, as revised or
           amended.



03-15-93                                     8
            The agency shall submit two copies of:

                   The Reporting Package
                   The Data Collection Form
                   The management letter to the agency, if one issued by the audit firm

            The 0MB Circular A-133 audit must be submitted to the address below m
            accordance with the time frame established in the circular, as revised or amended.

            b. Agencies expending less than $300,000 in federal funds must submit a letter to
            the Department advising that a circular audit was not required. The letter shall
            indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
            the Department federal programs, and the CFDA grant numbers(s ). This information
            must also be submitted to the address below.

            c. Address:    Michigan Department of Transportation
                           Bureau of Highways Technical Services
                           425 W. Ottawa, P.O. Box 30050
                           Lansing, MI 48909

            d. Agencies must also comply with applicable State laws and regulations relative to
            audit requirements.

            e. Agencies shall not charge audit costs to Department's federal programs which are
            not in accordance with the 0MB Circular A-133 reqirements.

            f. All'agencies are subject to the federally required monitoring activities, which may
            include limited scope reviews and other on-site monitoring.

      2.    Agreed Unit Prices Work-All billings for work undertaken by the REQUESTING
            PARTY on an agreed unit price basis will be submitted in accordance with the
            Michigan Department ofTransportation Standard Specifications for Construction and
            pertinent FAPG Directives and Guidelines of the FHWA.

      "J.   Force Account Work and Subcontracted Work - All billings submitted to the
            DEPARTMENT for Federal reimbursement for items of work performed on a force
            account basis or by any subcontract with a consulting firm, railway company,
            governmental agency or other party, under the terms of this contract, shall be
            prepared in accordance with the provisions of the pertinent FHPM Directives and the
            procedures of the DEPARTMENT. Progress billings may be submitted monthly
            during the time work is being performed provided, however, that no bill of a lesser
            amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year

03-15-93                                      9
            billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
            "Final Billing".

      4.   . Final billing under this contract shall be submitted in a timely manner but not later
             than six months after completion of the work. Billings for work submitted later than
             six months after completion of the work will not be paid.

      5.    Upon receipt of billings for reimbursement for work undertaken by the
            REQUESTING PARTY on projects funded with Federal monies, the
            DEPARTMENT will act as billing agent for the REQUESTING PARTY,
            consolidating said billings with those for its own force account work and presenting
            these consolidated billings to the FHWA for payment. Upon receipt of
            reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
            REQUESTING PARTY its share of said reimbursement.

      6.    Upon receipt of billings for reimbursement for work undertaken by the
            REQUESTING PARTY on projects funded with non-Federal monies, the
            DEPARTMENT will promptly forward to the REQUESTING PARTY
            reimbursement of eligible costs.

B.    Payment of Contracted and DEPARTMENT Costs:

      1.    As work on the PROJECT commences, the initial payments for contracted work
            and/or costs incurred by the DEPARTMENT will be made from the working capital
            deposit. Receipt of progress payments ofFederal funds, and where applicable, State
            Critical Bridge. funds, will be used to replenish the working capital deposit. The
            REQUESTING PARTY shall make prompt payments of its share of the contracted
            and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
            progress billings from the DEPARTMENT. Progress billings will be based upon the
            REQUESTING PARTY'S share of the actual costs incurred as work on the
            PROJECT progresses and will be submitted, as required, until it is determined by
            the DEPARTMENT that there is sufficient available working capital to meet the
            remaining anticipated PROJECT COSTS. All progress payments w!U·be made
            within thirty (30) days ofreceipt of billings. No monthly billing of a lesser amount
            than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
            the DEPARTMENT determine that the available working capital exceeds the
            remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
            REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
            of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
            completion of necessary audits, the REQUESTING PARTY will be reimbursed the
            balance of its deposit.




03-15-93                                     10
      2.     In the event that the bid, plus contingencies, for the contracted, and/or the
             DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
             therefor as established by this contract, the REQUESTING PARTY may be adyised
             and billed for the additional amount of its share.

C.    General Conditions:

      1.     The DEPARTMENT, in accordance with its procedures in existence and covering
             the time period involved, shall make payment for interest earned on the balance of
             working capital deposits for all projects on account with the DEPARTMENT. The
             REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
             and covering the time period involved, shall make payment for interest owed on any
             deficit balance of working capital deposits for all projects on account with the
             DEPARTMENT. This payment or billing is processed on an annual basis
             corresponding to the State of Michigan fiscal year. Upon receipt of billing for
             interest incurred, the REQUESTING PARTY promises and shall promptly pay the
             DEPARTMENT said amount.

      2.     Pursuant to the authority granted by law, the REQUESTING PARTY hereby
             irrevocably pledges a sufficient amount of funds received by it from the Michigan
             Transportation Fund to meet its obligations as specified in PART I and PART IL If
             the REQUESTING PARTY shall fail to make any of its required payments when
             due, as specified herein, the DEPARTMENT shall immediately notify the
             REQUESTING PARTY and the State Treasurer of the State of Michigan or such
             other state officer or agency having charge and control over disbursement of the
             Michigan Transportation Fund, pursuant to law, of the fact of such default and the
             amount thereof, and, if such default is not cured by payment within ten (10) days,
             said Stllte Treasurer or other state officer or agency is then authorized and directed
             to withhold from the first of such monies thereafter allocated by law to the
             REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
             to remove the default, and to credit the REQUESTING PARTY with payment
             thereof, and to notify the REQUESTING PARTY in writing of such fact.
                                                                                      f
                                                                                          ,,
                                                                                          ,·,.



      3.     Upon completion of all work under this contract and final audit by the
             DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
             repay the DEPARTMENT for any disallowed items ofcosts previously disbursed by
             the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
             the Michigan Transportation Fund for repayment of all disallowed items and, upon
             failure to make repayment for any disallowed items within ninety (90) days of
             demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
             withhold an equal amount from the REQUESTING PARTY'S share of any future
             distribution of Michigan Transportation Funds in settlement of said claim.



03-15-93                                      11
      4.     The DEPARTMENT shall maintain and keep accurate records and accounts relative
             to the cost of the PROJECT and upon completion of the PROJECT, payment of all
             items of PROJECT COST, receipt of all Federal Aid, if any, and completion of.final
           . audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
             accounting to the REQUESTING PARTY. The final PROJECT accounting will not
             include interest earned or charged on working capital deposited for the PROJECT
             which will be accounted for separately at the close of the State of Michigan fiscal
             year and as set forth in Section C(l).

      5.    The costs of engineering and other services performed on those projects involving
            specific program funds and one hundred percent (100%) local funds will be appor-
            tioned to the respective portions of that project in the same ratio as the actual direct
            construction costs unless otherwise specified in PART I.




                   '


                                                                                       , ·.
                                                                                       ':,'.'"




03-15-93                                      12
                                         SECTION IV

                             MAINTENANCE AND OPERATION


A.    Upon completion of construction of each part of the PROJECT, at no cost to the
      DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
      jurisdictions, will make the following provisions for the maintenance and operation of the
      completed PROJECT:

       1.    All Projects:

             Properly maintain and operate each part of the project, making ample provisions each
             year for the performance of such maintenance work as may be required, except as
             qualified in paragraph 2b of this section.

      2.     Projects Financed in Part with Federal Monies:

             a.·     Sign and mark each part of the PROJECT, in accordance with the current
                     Michigan Manual of Uniform Traffic control Devices, and will not install, or
                     permit to be installed, any signs, signals or markings not in conformance with
                     the standards approved by the FHWA, pursuant to 23 USC 109( d).

             b.      Remove, prior to completion of the PROJECT, all encroachments from the
                     roadway right-of-way within the limits of each part of the PROJECT.

                     With respect to new or existing utility installations within the right-of-way
                    •of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
                     ofnon-limited access right-of-way may be allowed based on consideration for
                    traffic safety and necessary preservation of roadside space and aesthetic
                     quality. Longitudinal occupancy of non-limited access right-of-way by
                    private lines will require a finding of significant economic hardship, the
                    unavailability of practicable alternatives or other extenuating circiimstances.

             C.      Cause to be enacted, maintained and enforced, ordinances and regulations for
                     proper traffic operations in accordance with the plans of the PROJECT.

             d.      Make no changes to ordinances or regulations enacted, or traffic controls
                     installed in conjunction with the PROJECT work without prior review by the
                     DEPARTMENT and approval of the FHWA, if required.




03-15-93                                      13
B.     On projects for the removal of roadside obstacles, the parties, upon completion of
       construction of each part of the PROJECT, at no cost to the PROJECT or the
       DEPARTMENT, will, within theirrespective jurisdictions, take such action as is necessary
       to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
       of such obstacles.

C.     On projects for the construction of bikeways, the parties will enact no ordinances or
       regulations prohibiting the use of bicycles on the facility hereinbefore described as the
       PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
       use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
       or wallcways constructed as the PROJECT except those for maintenance purposes.

D.     Failure of the parties hereto to fulfill theirrespective responsibilities as outlined herein may
       disqualify that party from future Federal-aid participation in projects on roads or streets for
       which it has maintenance responsibility. Federal Aid may be withheld until such time as
       deficiencies in regulations have been corrected, and the improvements constructed as the
       PROJECT are brought to a satisfactory condition of maintenance.




                      '



                                                                                          ,' (...-




03-15-93                                         14
                                          SECTIONV

                    SPECIAL PROGRAM AND PROJECT CONDITIONS

A.    Those projects for which the REQUESTING PARTY has been reimbursed with Federal
      monies for the acquisition of right-of-way must be under construction by the close of the
      twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
      DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
      PARTY maybe required to repay to the DEPARTMENT, for forwarding to the FHWA, all
      monies distributed as the FHWA'S contribution to that right-of-way.

B.    Those projects for which the REQUESTING PARTY has been reimbursed with Federal
      monies for the performance of preliminary engineering must be under construction by the
      close of the tenth (I 0th) fiscal year following the fiscal year in which the FHWA and the
      DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
      PARTY maybe required to repay to the DEPARTMENT, for forwarding to the FHWA, all
      monies distributed as the FHWA'S contribution to that preliminary engineering.

C.    On those projects funded with Federal monies, the REQUESTING PARTY, atno cost to the
      PROJECTortheDEPARTMENT, will provide such accident information as is available and
      such other'information as may be required under the program in order to make the proper
      assessment of the safety benefits derived from the work performed as the PROJECT. The
      REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
      reports and such analysis as may be required and will, when requested by the
      DEPARTMENT, forward to theDEPARTMENT, in such form as is necessary, the required
      information.

D.    In connection with the performance of PROJECT work under this contract the parties hereto
      (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
      of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
      in Appendix A, attached hereto and made a part hereof. The parties further covenant that
      they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
      amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000ri"-6 and the
      Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
      pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
      will require similar covenants on the part of any contractor or subcontractor employed in the
      performance of this contract.

E.    The parties will carry out the applicable requirements of the DEPARTMENT'S
      Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
      limited to, those requirements set forth in Appendix C.




03-15-93                                       15
                                                   APPENDIX A
                               'PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

  In connection with the performance of work under this contract; the contractor agrees as follows:

  t.      In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
          employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
          as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height,
          weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478,
          Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment
          with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to
          employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job
          or position. A breach of the above covenants shall be regarded as a material breach of this contract.

  2.      The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
          this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.

  3.      The contractor will take affirmative action to insure that applicants for employment and employees are treated without
          regard to their race, color, religion, national origin, age,sex, height, weight, marital status or a disability that is unrelated
          to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be
          limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination;
          rates of pay or other forms of compensation; and selection for training, including apprenticeship.

  4.      The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
          that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
          origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
          duties of a particular job or position.

  5,      The contractor or his collective bargaining representative will send to each labor union or representative of workers with
          which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
          or workers' representative of the contractor's commitments under this appendix.

  6.      The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
          Rights Commission which may be in effect prior to the taking of bids for any individual state project.

. 7.      The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
          1\ilichigan Civil Rights Commission, said forms may also elici~ information as to the practices, policies, program, and
          employment statistics of each subcontractor as well as the contractor himself, and said contractor ,Yill permit access to
          his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation
          to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights
          Commission.

  8.      In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that'a contractor has not
          complied with the contractual obligations under this agreement, the Civil Rights Commission niay, as part of its order
          based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
          Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
          contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers,
          and including the governing boards of institutions of higher education, until the contractor complies with said order of
          the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons
          with whom the contractor is declared ineligible to contract as a contracting party in future contracts, In any case before
          the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall
          be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such
          proceedings.

  9.      The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
          every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
          Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
          subcontractor or seller.                                                                                  March, 1998
                                                                                                      (Rev. 03/92)

                                                 APPENDIXB

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:

1.      Compliance with Regulations: The contractor shall comply with the Regulations relative to
        nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
        of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
        the Regulations), which are herein incorporated by reference and made a part of this contract.

2.      Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
        not discriminate on the grounds of race, color, or natural origin in the selection and retention of
        subcontractors, including procurements of materials and leases of equipment. The contractor shall not
        participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
        Regulations, including employment practices when the contract covers a program set forth in Appendix
        B of the Regulations.

3.      Solicitations for Subcontracts.Including Procurements ofMaterials and Equipment: In all solicitations
        either by competitive bidding or negotiation made by the contractor for work to be performed under
        a subcontract, including procurements of materials or leases of equipment, each potential subcontractor
        or supplier shall be notified by the contractor of the contractor's obligations under this contract and
        the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4.      Information and Reports: The contractor shall provide all information and reports required by the
        Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
        accounts, other sources of information, and its facilities as may be determined by the Michigan
        Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
        compliai1ce with such Regulations or directives. ,vhere any information required of a contractor is in
        the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
        so certify to the Michigan Department of Transportation, or the Federal Highway Administration as
        appropriate, and shall set forth what efforts it has made to obtain the information.
                         '
5.      Sanctions for Noncompliance:           In the event of the contractor's noncompliance with the
        nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
        such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
        including, hut not limited to:

        (a)      Withholding of payments to the contractor under the contract until the contra:tbr complies,
                 and/or

        (b)      Cancellation, termination, or suspension of the contract, in whole or in part.

6.      Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
        every subcontract, including procurements of materials and leases of equipment, unless exempt by the
        Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
        to any subcontract or procurement as the Michigan Department of Transportation or the Federal
        Highway Administration may direct as a means of enforcing such provisions including sanctions for
        non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened
        with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request
        the 1"1ichigan Department of Transportation to enter into such litigation to protect the interests of the
        State, and, in addition, the contractor may request the United States to enter into such litigation to
        protect the interests of the United States.
                                     APPENDIXC

              TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
                  AGREEMENTS WITH LOCAL AGENCIES

               Assurance that Recipients and Contractors Must Make
                (Excerpts from US DOT Regulation 49 CFR 26.13)


A.   Each financial assistance agreement signed with a DOT operating administration (or
     a primary recipient) must include the following assurance:

           The recipient shall not discriminate on the basis of race, color,
           national origin, or sex in the award and performance of any US
           DOT-assisted contract or in the administration of its DBE
           program or the requirements of 49 CFR Part 26. The recipient
           shall take all necessary and reasonable steps under 49 CFR Part
           26 to ensure nondiscrimination in the award and administration
           of·US DOT-assisted contracts. The recipient's DBE program, as
           required by 49 CFR Part 26 and as approved by US DOT, is
           incorporated by reference in this agreement. Implementation of
           this program is a legal obligation and failure to carry out its
           terms shall be treated as a violation of this agreement. Upon
           notification to the recipient ofits failure to carry out its approved
           program, the department may impose sanctions as provided for
           under Part 26 and may, in appropriate cases, refer the matter for
           enforcement under 18 U.S.C. 1001 and/or the Program Fraud
           Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

B.   Each contract MDOT signs with a contractor (and each subcontract the prime
     contractor signs with a subcontractor) must include the following assurance:

           The contractor, sub recipient or subcontractor shall not                i'.'
           discriminate on the basis of race, color, national origin, or sex in
           the performance of this contract. The contractor shall carry out
           applicable requirements of 49 CFR Part 26 in the award and
           administration of US DOT-assisted CJJntracts. Failure by the
           contractor to carry out these requirements is a material breach
           of this contract, which may result in the termination of this
           contract or such other remedy as the recipient deems
           appropriate.
                   C/4>F rL~t,c,__) ,j"'
                     Co~--' @~
                                       ---




   !;
   t t~- ~- '---
(' lie,"'
Date:          April 10, 2001
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Continuation of Public Hearing
               Create Special Assessment District for:
               MILLARD AVE., LAKE DUNES DRIVE WEST END




SUMMARY OF REQUEST:
To continue the public hearing on the proposed special assessment of the Millard from
Laked Dunes to West End project, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to proceed with
the project. Per your instruction on March 2ih, we have revised the design of the proposed
road to reflect a width of 22' back to back. The property owners affected by the proposed
assessment have been notified and a drawing showing the revisions was mailed.

Furthermore, It is respectfully requested that if the district is created to award the a contract
to Jackson Mekery who was the lowest responsible bidder with a bid price of $129,888.70



FINANCIAL IMPACT:
Constriction cost plus related engineering cost.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                 Resolution No.- - - - -


              Resolution At First Hearing Creating Special Assessment District
                       For Millard from Laked Dunes to West End
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

I.   A hearing has been held on March 27, 2001 at 5 :30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility repmt and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held March 27, 2001, there were _ _ _% objections by the owners of
     the prope1ty in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

1.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the prope1ty to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.   The City Commission hereby declares a special assessment district to include the
     prope1ty set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners - - - - - - - - - - - - - ~ a n d _ _ _ _ _ _ _ _ _ __
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 44.85% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


       Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                                                            CITY OF MUSKEGON


                                                            By _ _ _ _ _ _ _ _ _ __
                                                                Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 27, 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


                                                    By _ _ _ _ _ _ _ _ _ _ _ _ __
                                                         Gail A. Kundinger, Clerk
                                       EXHIBIT A



          MILLARD FROM LAKED DUNES TO WEST END

                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Millard from Lake Dunes to
                                           West End
----~_-)
,---   --




                 1
                 0/'.
                 Q)

            -- --j
.-\rlirmati, c .-\ction
2:1172H,7U3
F.\:\1722-121-t
                                                            MUSKEGON
.\,.,L''SUI"
23ll72H,70S
F\:\1726-:'irnl              March 30, 2001
( ·1.·m1·1cr~
231;724-67/iJ
F.\\.,726-% Ii

( 'h ii Sn1 ice
231/72.H,716
l-"\\,724-4405
                                                            West Michigan's Shorellne aty

( IL·rh
23l/i24-(,705
F.\\,'.'24--117/i




2.111724-(,"17
I·\ \:'121,-2:'ilfl

 ~.11):1111.TriUg
 2J 11724-(,707
 F. \\i7 2 7-(,'J04          Dear Property Owner
 Fi11a11n•
 231<'24-(,713               You are cordially invited to attend the City Commission meeting scheduled for April 10,
 F \\,'':2-t-(,i(,S
                             2001 at 5:30 in the Commission Chambers to express your opinion on the proposed
 1-tn· l>cpl.
 !J l,'724-(,7')2
                             creation of the special assessment district on Millard from Lake Dunes/Millard to the
 F. \\.17 24-6'JS5           West End. This meeting is the result of the City Commission action to continue the
 lnc1Hlll' l':n
                             hearing on the aforementioned date and time.
 231/724-(,770
 F.\\/724-67(,/i
                             The continuation of the hearing was to allow staff the time to share with you a revised
 Info. -,~,tcms              proposal in an effort to address many of the concerns that you expressed. Therefore, we
 2.111724-(,744
 I· \\.722-HUI               are proposing the following;
 Ld,urc Ser, ic,..
 23l!i24-6ill.J              1. Pavement Width;
 F.-\\/724-11%

 \l:111ag1.•r', Oflin•       Unlike our original proposal of 24' and 27' back to back pavement, we are revising our
 !Jl/72-1-1,724
 I· \\1722-121-1             plans to reflect a total width of22' (including a 2' -rolled curb & gutter) for the entire
 \la~or\ ()ffit:,..
                             length of the project. This proposal will have minimal impact on exiting lawns since the
 !Jl/724-(,701               existing pavement width is about 20'.
  F.\\1722-1214


                             2. Location of the proposed pavement;
  231/i24-C,il5
  I· \\l"2(,-!5U1
                             Again, unlike our original proposal where we attempted to center the proposed pavement
  l'lan11ingi'/.n11i11g      on the centerline of the right of way to give both sides an equal frontage, we revised the
  2.\1/724-(,702
  F. \ \172 -t-/1 7'111
                             plans and instead we are centering the proposed pavement on the centerline of the
                             existing pavement. The proposed pavement will, to extent possible, follow the alignment
  l'ulin· lk11t.
  2.11;7!-t-(,7:'il)         of the existing pavement.
  F.\\1722-5140

  J>uhlk \\ orks             To assist your understanding of this latest proposal, I am enclosing a copy of that section
  :?Jl/724-4100
  F \\li22-41S/i
                             of the proposed plans that relates to your property (ies). The enclosed drawing depicts
                             the existing pavement (red), the proposed edge of curb (black), the right of way lines
  ·1·n•a,un•r
  231/724-(,720              (skip black lines) and the measurement between the existing edge of pavement and that of
  F.-\\1724-(,7M             the proposed back of curb.
  \\ ,1t1."r Billing lkpt.
  231/724-6718
  F,\\1724-67(,8

   \\ ,1i...r Filtralion
   231/724-410(,
   F,\\/755-52'>0

                                     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Since the action that the City Commissioners took last Tuesday was to continue the
hearing at their April 10th , 2001 meeting, please be advised that your previously
submitted response will be counted as marked unless you change your vote.
Furthermore, if you would like to change your vote, we have enclosed a new response
card that reflects the revised assessment cost, which is based on a 22' street width. Please
use the aforementioned card to express your vote on the revised proposal.

Should you have any questions regarding this project please call me at 724-6707 or stop
by our office to review the revised proposal.


Sincerely,

/)7/c-Aa~~ J
Mohammed S. Al-Shatel, P.E.
City Engineer


Encl.
                                  SPECIAL ASSESSMENT
                      REVISED HEARING RESPONSE CARD
                                  To have your vote count, please
                    Return This Card By: April 10, 2001

   Project Title:          Millard Avenue, Lake Dunes Drive to end.
   Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
                        Drive to the west end of Millard Avenue.


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:
   Parcel Number
   MAP Number:
   Assessable Frontage:
   Estimated Front Foot Cost:                  $29.62      per Foot. based upon a 22' width
   ESTIMATED TOTAL COST

   Property Description
   CITY OF MUSKEGON BLUFFTON BAY ESTATES CONDOS MUSKEGON COUNTY CONDOMINIUM PLAN #61 UNIT 31




                                        Your vote COUNTS!
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

     1AM IN FAVOR

                          •                                        I AM OPPOSED

                                                                                        •
            _ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature                                           Signature - - - - - - - - - - - -
Address                                             Address
        Thank you for taking your time to vote on this important issue.
                               REVISED ASSESSMENT LIST
     H-1520                  Millard Avenue, Lake Dunes Drive to end.

24-156-000-0031-00    MORGAN DANIEL K/ANN E         ASSESSABLE FEET:           56.14
24-30-34-156-031      3401 LAKE DUNES DR           COST PER FOOT:            $29.62
@ 3401      LAKE DUNE MUSKEGON      Ml 49441       ESTIMATED P.O. COST:    $1,662.87
     #   1



24-592-000-0006-00     BARKEL JOHN/BARBARA           ASSESSABLE FEET:              91
24-30-33-234-033       3224 MILLARD AVE             COST PER FOOT:            $29.62
@ 3224      MILLARD AV MUSKEGON       Ml 49441-1602 ESTIMATED P.O. COST:   $2,695.42
     #   2



24-592-000-0007-00     OLSEN JOHN B                 ASSESSABLE FEET:               80
24-30-33-234-034       3236 MILLARD AVE            COST PER FOOT:             $29.62
@ 3236      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,369.60
     #   3




24-156-000-0032-00    BLUFFTON BAY ESTATES LLC      ASSESSABLE FEET:               89
24-30-34-156-032      500 TERRACE PLAZA            COST PER FOOT:             $29.62
@ 3241      MILLARDAV MUSKEGON      Ml 49440       ESTIMATED P.O. COST:    $2,636.18
     #   4




24-592-000-0008-00     MORGAN DANIEL K              ASSESSABLE FEET:               80
24-30-33-234-035       3246 MILLARD AVE            COST PER FOOT:             $29.62
@ 3246      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,369.60
     #   5




24-156-000-0033-00     MILLER BRUCE R/JUDITH A      ASSESSABLE FEET:               85
24-30-34-156-033       3230 ROOSEVELT RD           COST PER FOOT:             $29.62
@ 3251      MILLARD AV MUSKEGON      Ml 49441-3963 ESTIMATED P.O. COST:    $2,517.70
     #   6




24-592-000-0009-00     LANGLOIS ROBERT/KATHLEEN     ASSESSABLE FEET:               80
24-30-33-234-036       3258 MILLARD AVE            COST PER FOOT:             $29.62
@ 3258      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,369.60
     #   7




                  03/30/2001 9:08:20 AM                                    Page 1 of 4
                                   REVISED ASSESSMENT LIST
      H-1520                     Millard Avenue, Lake Dunes Drive to end.

24-156-000-0034-00         DUTKIEWICZ PATRICK/JANICE          ASSESSABLE FEET:               85
24-30-34-156-034           960 W SHERMAN BLVD                COST PER FOOT:            $29.62
@   3261        MILLARD AV MUSKEGON           Ml   49441     ESTIMATED P.O. COST:    $2,517.70
     #      8




24-156-000-0035-00         BLUFFTON BAY ESTATES LLC           ASSESSABLE FEET:               90
24-30-34-156-035      500 TERRACE PLAZA                      COST PER FOOT:            $29.62
@ 3271     MILLARD AV MUSKEGON      Ml 49440                 ESTIMATED P.O. COST:    $2,665.80
     #      9




24-506-002-0032-00         ISLEY NOBLE JR                     ASSESSABLE FEET:          100.34
24-30-33-234-026           3280 MILLARD AVE                  COST PER FOOT:            $29.62
@   3280        MILLARD AV MUSKEGON           Ml   49441     ESTIMATED P.O. COST:    $2,972.07
     #     10



24-506-004-0001-00    HORTON DORIS J TRUST                    ASSESSABLE FEET:          158.46
24-30-33-200-029      3291 MILLARD AVE                       COST PER FOOT:            $29.62
@ 3291     MILLARD AV MUSKEGON       Ml 49441                ESTIMATED P.O. COST:    $4,693.59
     #     11



24-506-002-0030-00    LOCKE THOMAS A                          ASSESSABLE FEET:           102.1
24-30-33-234-025      3292 MILLARD AVE                       COST PER FOOT:            $29.62
@ 3292     MILLARD AV MUSKEGON       Ml            49441     ESTIMATED P.O. COST:    $3,024.20
     #     12



24-506-002-0034-00    SCHNOTALA RICHARD J                     ASSESSABLE FEET:               75
24-30-33-234-027      3303 MILLARD AVE                       COST PER FOOT:            $29.62
@ 3303     MILLARD AV MUSKEGON       Ml 49441                ESTIMATED P.O. COST:    $2,221.50
     #     13



24-506-004-0003-00    WELLISE JAMES                           ASSESSABLE FEET:             100
24-30-33-200-028      3307 MILLARD AVE                        COST PER FOOT:           $29.62
@ 3307     MILLARD AV MUSKEGON       Ml            49441-0000 ESTIMATED P.O. COST:   $2,962.00
     #     14




                      03/30/2001 9:08:20 AM                                          Page 2 of 4
                               REVISED ASSESSMENT LIST
     H-1520                  Millard Avenue, Lake Dunes Drive to end.

24-506-002-0028-00     MARS RICHARD A               ASSESSABLE FEET:             100
24-30-33-234-024       3308 MILLARD AVE            COST PER FOOT:             $29.62
@ 3308      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,962.00
     #   15



24-506-002-0026-00     CRANSTON EARL E              ASSESSABLE FEET:             110
24-30-33-234-023       3336 MILLARD AVE            COST PER FOOT:            $29.62
@ 3334      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $3,258.20
     #   16



24-506-004-0005-00     YOUNG BRADLEY/CINDY           ASSESSABLE FEET:            110
24-30-33-200-027       3335 MILLARD AVE             COST PER FOOT:           $29.62
@ 3335      MILLARD AV MUSKEGON       Ml 49441-0000 ESTIMATED P.O. COST:   $3,258.20
     #   17



24-506-002-0025-00     CRANSTON EARL J              ASSESSABLE FEET:           72.15
24-30-33-234-022       3336 MILLARD AVE            COST PER FOOT:             $29.62
@ 3336      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,137.08
     #   18



24-506-002-0024-00     LINE SUSAN                   ASSESSABLE FEET:           70.45
24-30-33-234-021       3340 MILLARD AVE            COST PER FOOT:            $29.62
@ 3340      MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:    $2,086.73
     #   19



24-506-004-0007-00     PESCH RONALD ET AL           ASSESSABLE FEET:               60
24-30-33-200-026       3351 MILLARD                COST PER FOOT:            $29.62
@ 3343      MILLARD AV MUSKEGON     Ml 49441       ESTIMATED P.O. COST:    $1,777.20
     #   20



24-506-004-0008-00     PESCH RONALD D               ASSESSABLE FEET:           46.05
24-30-33-200-025       3351 MILLARD                COST PER FOOT:             $29.62
@ 3351      MILLARD AV MUSKEGON     Ml 49441       ESTIMATED P.O. COST:    $1,364.00
     #   21




                  03/30/2001 9:08:20 AM                                    Page 3 of 4
                               REVISED ASSESSMENT LIST
     H-1520                  Millard Avenue, Lake Dunes Drive to end.

24-506-002-0023-00     ASSELMEIER RICHARD D             ASSESSABLE FEET:                76
24-30-33-234-020       3358 MILLARD AVE                COST PER FOOT:             $29.62
@ 3358      MILLARD AV MUSKEGON       Ml 49441         ESTIMATED P.O. COST:    $2,251.12
     #   22



24-506-004-0009-00    BURCH JOHN H                      ASSESSABLE FEET:            88.87
24-30-33-200-024      3359 MILLARD AVE                 COST PER FOOT:             $29.62
@ 3359      MILLARDAV MUSKEGON       Ml 49441          ESTIMATED P.O. COST:    $2,632.33
     #   23



24-506-002-0022-00     HANNAHS MICHAEL/NANCY            ASSESSABLE FEET:            50.78
24-30-33-234-019       20 N WARNER                     COST PER FOOT:             $29.62
@ 3372      MILLARD AV FREMONT      Ml 49412           ESTIMATED P.O. COST:    $1,504.10
     #   24



24-506-004-0011-00     KOCH CAROLE M                    ASSESSABLE FEET:            50.72
24-30-33-200-023       3373 MILLARD AVE                COST PER FOOT:             $29.62
@ 3373      MILLARD AV MUSKEGON       Ml 49441         ESTIMATED P.O. COST:    $1,502.33
     #   25




SUM OF ASSESSABLE FOOTAGE:          2107.06   SUM OF ESTIMATED P.O. COST:     $62,411.12
                                                  % OF TOTAL PROJECT:            39.00694825




                  03/30/2001 9:08:20 AM                                         Page 4 of4
                                       SPECIAL ASSESSMENT                      '\   I: CEI V I: u
                       REVISED HEARING RESPONSE CARl£iTY OF MUSKEGON
                                       To have your vote count, please                 0
                                                                                       ,   '.PR 1 0 2001
                    Return This Card By: April 10, 2001
Project Title:                Millard Avenue, Lake Dunes Drive to end.
Project Description: Ali parcels abutting Millard Avenue from centerline of Lake Dunes
                     Drive to the west end of Millard Avenue.


INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

Assessment Information
Property Address:                                 3372           MILLARD AVE
Parcel Number                                     24-506-002-0022-00
MAP Number:                                       24-30-33-234-019
Assessable Frontage:                              50.78     Feet
Estimated Front Foot Cost:                        $29.62      per Foot, based upon a 22' width
!ESTIMATED TOTAL COST                             $1,504.10
Property Description
LAKE M!GHIGAN P..:\RK SUB DIV# 1 LOT 22 B!..K 2




                                             Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
   1AM IN FAVOR

                           •                                       I AM OPPOSED




                                                                                    H,i_NN,\HS :-.'.!\.~;_;;. ':: ~-:, :, . '   24
    Thank you for taking your time to vote on this important issue.
                                                                   SPECIAL ASSESSMENT

                                     REv1sEo HEARING REsPoNsE                                                c~,t\~c EI v1: u
                                                                   To have your vote count, please              CITY OF MUSKEGON
                               Return This Card By: April 10, 2001                                                   ,i\PR 1 0 2001
     Project Title:                              Millard Avenue, Lake Dunes Drive to end.
     Project Description: AU parcels abutting Millard Avenue from cent~~,r~~~JJm.
                          Drive to the west end of Millard Avenue.


     INSTRUCTIONS
     If you wish to have your written vote included as part of the tabulation of votes forwarded to
     the City Commission for the scheduled public hearing, please return this card by the date
     indicated above. To use this response card please indicate whether you Oppose or Favor
     this special assessment project, sign the form and return it to the City Clerk's Office. To
     return this card by mail, simply fold on the dotted lines so the address on the reverse side is
     showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

     Assessment Information
     Property Address:                                                                  3373           MILLARD AVE
     Parcel Number                                                                      24-506-004-0011-00
     MAP Number:                                                                        24-30-33-200-023
     Assessable Frontage:                                                               50.72     Feet
     Estimated Front Foot Cost:                                                         $29.62       per Foot. based upon a 22' width
     ESTIMATED TOTAl COST                                                               $1,502.33

     Property Description
     L,!,:<.E r--.1!CH!•3,4,M PARK SUB DIV# 1 COl\.1 OM N UNE !.OT _10 10 FT E 0F NW COR I_OT 10 TH W TO NW COR LOT 11 TH S TO SW
     COR LOT 11 THE ON S LINE LOT 11 TOA PT 10 FTWOF SECOR LOT 11 TH NLY 122.4 FTTO BEG BLK4


                                                                                  Your vote COUNTS!
     Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                                                          1AM OPPOSED

                                                                                                                             •
                 I U{ (':Yr-, ~--                    / / , \<(:('1._/CoOwner/Spouse
Owner       (.• J· /'"'
                     • ·>o.l
                         - t~' -, ·f);.,
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Signature· , , . , /!,               .J,..-f" ··'\             Signature - - - - - - - - - - - -
               ,'....,lf)t t \; t,--. ,' / ;/ ~,,,: _ .• /i
Address ~I!, ~  1
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                                     "-""~' ,,,, ,_ ••. ~--,-~
                                                               Address
                                                                             <'


                        '                      ./
                                                                                                                                        25
       Thank you for takif}g ydur time to vote on _this important issue.
 ·-fit :,~,;~;7 ~\ ,:} h:. Li {z :1_ "£ · ""L                                                    .
                                          SPECIAL ASSESSMENT
                         REVISED HEARING RESPONSE CARD ~ ~ Y i .
                                                                                                ·~,-
                                          To have your vote count, please
                       Return This Card By: April 10, 2001

    Project Title:             Millard Avenue, Lake Dunes Drive to end.
    Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
                         Drive to the west end of Millard Avenue.


    J!"-JSTRUCT!OMS

    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

    Assessment Information
    Property Address:                                     3351            MILLARD AVE
    Parcel Number                                         24-506-004-0008-00
    MAP Number:                                           24-30-33-200-025
    Assessable Frontage:                                  46.05       Feet
    Estimated Front Foot Cost:                            $29.62,     fl.SI!"   Foot. !based upon a 22' width
    ESTIMATED TOTAL COST                                  $1,364.00
    Property Description

    TH SLY TO S LINE LOT 9 7 FT W OF SECOR SAID iDT TH,, TO SE COR LOT 8 Tli NLY TO BEG BLK 4


                                                     Your vote COUNTS!
     Please vote either in favor or opposed to the Special Assessment Street Paving Project.

       I AM IN FAVOR~                                                            I AM OPPOSED , : ~


                         '
              X                        ~                                          ~              ~

Signature ·~·,·· -~--     ,·;ti.· / /,·      ,                Signature - - - - ( ~ - , - - - - - - - -
Address
           (' < }
           ,J,!      J   <, ✓ 111   ;''<.J,____
                              / ., / ,I/;' J 1',
                                                 i            Address            " "- '- ,. . ,i_
                                                                                                                21
        Thank you for taking your time to vote on this important issue.
                                                                  SPECIAL ASSESSMENT
                                       REVISED HEARING RESPONSE CARD
                                                              To have your vote count, please
                                  Return This Card By: April 10, 2001

   Project Title:                                Millard Avenue, Lake Dunes Drive to end.
   Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
                        Drive to the west end of Millard Avenue.


   INSTRUCTIONS
   If you wish to have your written vote inciudeci as part of the tabulation of votes foiWarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                                              3343          MILLARD AVE
   Parcel Number                                                                  24-506-004-0007-00
   MAP Number:                                                                    24-30-33-200-026
   Assessable Frontage:                                                           60          Feet
   Estimated Front Foot Cost:                                                     $29.62 ·    fPHer Foot, !based upon a 22' widtlhl
   ESTIMATED TOTAL COST                                                           $1,777.20
   Property Description
   LAKE MICHIGAN PARK SUB DIV# 1 LOT 7 BLK 4




                                                                      Your vote COUNTS!
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

     1AM IN FAVOR                                                                                    I AM OPPOSED

                                                                                                                      •
Signature                 ~ ,I, I/,,,
              _ ... - ,I. '~·/
            /-,_--<:...,. r
                                 1 /      . -
                                     .. ,,xi)                       "_',
                                                                     _
                                                                           -r-
                                                                           . --        Signature - - - - - - - - - - - -
Address       j    ,,    '    '   .•   (   I   ' '   c',"- ,..,                        Address
                                                                                                                                      20
       Thank you for taking your time to vote on this important issue.
                                                           SPECIAL ASSESSMENT
                                   REVISED HEARING RESPONSE CARD
                                                          To have your vote count, please .
                               Return This Card By: April 10, 2001

 Project Title:                              Millard Avenue, Lake Dunes Drive to end.
 Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
                      Drive to the west end of Millard Avenue.


INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the furn and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

Assessment Information
Property Address:                                                                 3359         MILLARD AVE
Parcel Number                                                                     24-506-004-0009-00
MAP Number:                                                                       24-30-33-200-024
Assessable Frontage:                                                              88.87      Feet
Estimated Front Foot Cost:                                                       $29.62      per Foot. based upon a 22' width
ESTIMATED TOTAL COST                                                             $2,632.33
Property Description
1 :::}~!=-~~'.C!~. 1::'/:S-,!\] P.-A.~i.,;' SUB G!\/ # ·1 p_~qT QJ:;" L(ffS P-9-1(1.R, 11
                                                              r-r,?,l n~-~ \.I! 1~-T r n-r fl,, i:; :=T ~! V ;i!:' !'.!1.M ~C'lR S/'!n ! OT TH WLY
 ON N LINE LOTS 8-9 & 10 T- i          ,              I I I1       II I II
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                                                                                                                                                                                                                                                                                                              B-1 = Limited Business
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                                                             LETART AV
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                                                          W SHERMAN BL VD                                                                                                                           I       ,               I                        I-   I     i        I       I              I




                                                                                                                                                                                                                                                                                                                                 ·~        "\
                                                                                                           aty of Norton Shores
                                                                                                                                                                                                                                                                                                             __,-, ~11uY
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                                                                                                                                                                                                                                                                                                                            O'lyofNortonSh·(i (LJ:iµJ L ''V
        Commission Meeting Date:           November 28, 2000                   Ci;~,




Date:       November 20, 2000
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Selection of contractors for Vinyl Siding
            Installation for 2001 Program Year


SUMMARY OF REQUEST: To approve contractors for the City's vinyl
siding program. The City of Muskegon solicited bids from area vinyl
siding installer for proposals for installation through the City's
rehabilitation program.       The City received proposals from area
contractors. The lowest bid came from Cotton Builders. The next two
lowest bids were from Top Notch Builders and Gawlick Constructions.
Because of changes in federal guidelines concerning lead-based paint
abatement, the number of properties to be painted by the City of
Muskegon is predicted to decrease significantly while the number
structure receiving vinyl siding is expected to increase significantly.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:             None
STAFF RECOMMENDATION: To approve the following contractors:
Cotton Builders, Gawlick Construction and Top Notch Builders as the
contractors for vinyl siding installation for 2001 program at a price of
$75.00 a square/$7,706 (see attached)


COMMITTEE RECOMMENDATION: None
Date:      April 3, 2001
To:        Honorable Mayor and City Commission
From:      Water Filtration Plant
Re:        High Service Pump #2 Rebuild



SUMMARY OF REQUEST:
To rebuild High Service Pump #2 (12 million gallon per day) prior to the
summer season peak water demand.




FINANCIAL IMPACT:
Cost of the pump rebuild is $20,100.00.




BUDGET ACTION REQUIRED:
This is an unplanned expense and will require an internal budget
transfer from another line item.




STAFF RECOMMENDATION:
To endorse Peerless-Midwest, Inc. as the contractor to rebuild high
service pump #2 at a cost of $20,100.00.
                                MEMORANDUM

                                     4/2/01

TO:               R. KUHN, DPW

FROM:             R. VENEKLASEN, WFP

RE:               HIGH SERVICE PUMP #2 --
                  12 MILLION GALLON PER DAY (12 MGD)



The High Service Pumps; 2-6 MGD and 2-12 MGD, in the 1972 Pumphouse
are the primary pumps used to move water into the distribution system and
elevated storage tanks.

The upper bearing oil on High Service pump #4 (6 MGD) started to show
discoloration (blackened). Kevin Herbert, Chief Operator, had the oil tested
by Chevron (oil mfg.). The test results showed high iron content. Additionally
this pump started to show elevated vibration levels. While waiting for the oil
test results the pump was balanced & the oil flushed and changed.

Kevin began researching what would cause the iron content in the oil.
Indications were that it wasn't a bearing problem (no chromium or nickel) so
he asked Hall/Jones Elec. to look further into the problem & re-check the
balance. This revealed that the bearings were rotating in the casting
(unacceptable) and causing the iron particles. Subsequently, the shaft hub
has been machined to specs. and the bearings replaced.

The remaining three pumps were examined for the same condition. None
displayed signs of this condition but Pump #2 (12 MGD) did not rotate freely
like the other pumps.

Kevin contacted Peerless-Midwest and asked them to take a look at this and
make recommendation. Peerless adjusted the shaft throw and everything
else they could think would relieve the condition; only to loosen the binding
slightly (the other pumps can be rotated by hand - this one cannot). They
spent over three hours working on the pump, not including travel from Ionia at
no charge to us.

We have taken pump #2 out of service but have not "locked" it out. This
allows the Plant Operator to use it only if absolutely necessary until such time
as it can be repaired.
You may recall that Peerless-Midwest rebuilt High Service pumps #1 & 3 in
late 1995 and early 1996. We were quite pleased with their performance.
Subsequent to that work, they recently rebuilt the booster pump #2 located at
the Keating St. station.

We solicited a cost for a re-build of pump #2 from Peerless Midwest because
we are approaching the summer season and a repair of this sort may take as
much as 6 to 8 weeks. This time frame is further compounded by spring
weight restrictions on the roadways.

The pricing estimate submitted by Peerless-Midwest, Inc. to perform a pump
rebuild similar to that performed in 1996 is $20,100.00. This is an unplanned,
but necessary, expenditure that will require a budget transfer.
Apr-O3-O1 11:49A Peerless M;dwest Incionia 1                                                                                            P.O2



                                                                                                Peerless-Midwest, Inc.
   Pricing Estimate                                                                               505 Apple Tree Dr.
   CityofNmlepn
   Mt. Kie¥in Herbert, Plant Fon,man
                                                                                                Ionia. Michigan 48846
   l,OOle.uhSt.                                                                                  616 5270050 "' 5:t'ISSG8
   N111kegan, Michigan 4114<11                                                                      4-3-01- Revised
                                                                                                Gerry lurrows, DisL Mgr.
                                                                                              Pul and 0....luwl HS Pump # 2
   1-231 7244I04                                                                                        500 HP llnit
   1-.231 7590192 Fax 1231 7555290
              Intl..... Two NIii C.-, Setwl Senke Truck wL Driver , Sub-contra<:t 150 ton Cnne, Accessory tqur,,i-,t I Tool••

                                                                   Job Delalpdon
   Nollllho cnws and Crane to•~- UIOleCI bols to overflead 1-beiim, Exhaust bn I Hatches
   Lock out l'ull1p powr and control&, dlsc:ollllld all Flange bolts, matar bolts, adfustfntl nuts I motor clutch
   lffotonnect wlrlnr, conduit I powr connections (City has opted in put to have dtls dllfle b), local electrical con1nctor due t,o high
   vakap)- City option
   Set up mne I c,11,nte, ~•!silts - rig slqs ( 901Dn unit with 60' +reach)·...,._ l-leua in Hatt of lilltallotionf startup

 Nair. l'liMp Is bellmld to hoe a seized paddng balJt bearing .
        ....,, may .eq,,n now head shalt.-SS




APR-03-2001          12:02                                                    1                                    P.03
DATE:              April 2, 2001

TO:                Honorable Mayor and City Commissioners

FROM:              Robert Grabinski, Fire Marshal

RE:                Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish. Dangerous Building Case #:00-47; Address: 1712
                   Pine Street, 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
1712 Pine Street 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: 00-47-1712 Pine Street, Muskegon Ml

Location and ownership: This single family home is located on Pine Street in the
McLaughlin Neighborhood, HUD census# 5. The owner is Shelline White of
Muskegon Ml.

Staff Correspondence to Owner attachments: Dangerous Building Inspection
Report dated 5/10/00. Notice and Order dated 5/12/00. Notice of Hearing for
HBA dated 8/4/00. Finding of Facts and Order dated 8/24/00. Minutes dated
8/17 /00.

Owner Contact: Ms White's Lawyer, Ms. Enrika McGahan contacted the office
and attended the meeting requesting a 60 day extension. Repairs remain
incomplete.

Financial Impact:           CDBG

Budget action required: None

State Equalized value: $11,000.00

Estimated cost to repair: $5, 000.00




F:\lnspcctions\Everett\WORD\CC MEET!NGS\AGENDA - 1712 pine.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, April 10, 2001.




r:\lnspcctions\Everett\ WORD\CC MEETINGS\J\GENDA - 1712 pine.doc   page 2 of2
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                                             7 I- ,
 ~i::rmatln A~tlon
13 l-i24-6"'0J
f.-\y;,122.121.i

\s~essor
HL724--o708
F.\X./7:?6-S181

Cemetery
2J1n2-4-6783
FAX/716-S6J7

Cl•;U Senrfce
231nl4-6716
F A..'Xnl.J-W0S                                         West Mlchlgan's Shorellne aty
Clerk
131nl4-670S
F A.'Xn24-4178

Comm. & Neigh.                          DANGEROUS BUILDING INSPECTION REPORT
   Services
231/714-6717
FAxn26-lS0I                                                    1712 PINE
Engineering                                                     5/10/00
231n24-6101
FAxn27-6904
                       Inspection Noted:
Finance
1Jtn24-671J
F AX/714-6768          1.      Front porch steps, decking, ceiling in need of repair.
Fire Dept.             2.      Foundation wall in need of repair.
231/714-6792
F AX/714-6985
                       3.      Rotted basement window sills and frames.
                       4.      Back door threshold and poor frame cracked.
Income Tu
231n24-6770            5.      Broken out windows.
F Axn24-6768           6.      Soffit and fascia repair needed.
Info, Systems
2Jln24-6744
FAX/722-4301
                       BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
                       HAVE DETERMINEO THAT THE STRUCTURE MEETS THE DEFINITION OF A
Leisure Service
23 I /724-6704
                       DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
FAX/724-1196           MUSKEGON CITY CODE.
Manager's Office
23In24-6724
FAX/722-1214
                      ~ . Lo     & -(:,   LL:,,,..,y._,½'.' _
                       Henry F'iltinowski, Building Inspector
Mayor's Office
231 /724-6701
FAX/722-1214

Inspection Services
                       CONCURRED IN:
231/724-6715                                    bert B. Grabinski                           Date"
FAxn26-1S0 I
                                             Fire Marshal/Inspection Services
Planning/Zoning
23 I /724-6702
F AXJ724-6790

Police Dep1.
2Jl/714-67S0
FA.X/722-5140

Public WorkJ
2Jtnl4-4100
FAX1711-4188

Treuurer
2Jtnl4-6720
FAX/724-6768

Water DUiing Dept.
2Jtnl4-6718
F AX/724-6768

Water FU!ratlon
2Jln24-4106
F A..'XnSS-5190


                                City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Afflrma.llH A,tlon
1J! 714-.{i-;'QJ
F-\\.:722-111-t

 -\HtHC·r
2J\,'72-t--6'.'08
f.\X. "T26-5181

Cemetery
2311724-6783
FAXl726-Sli t 7

Ch·U Service
231!724-6716
FAxn24-4405                                           West Mldllgan's Sborellne (Jty
Clerk
231/724--6705
FAX/724-4178
                                                         NO'ricE AND ORDER
Comm. & Neigh.
   Services
                      May 12, 2000
231/724-6717
FAX1726-2501

Engineering
231/724-6707
FAX/727~904           Shelline K White
Finance
                      1712 Pine Street
231/724-6713          Muskegon MI 49442
FAX/724-6768

fire Dept
131/724~792
FAX/724-6985          Dear Property Owner:
Income Tu
231/724-0770          Subject:       1712 Pine Street
FAX/714-6768
                                     LOT9BLK297
Info. Systems
231/714-6744
FAX/722-4301          The City of Muskegon Building Official has recently inspected the subject property and has
Leisure Service
                      found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
231/724-6704          Code.
FAX/724-1196

Manager's Office      As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
BlnH-6724
FAX/722-1214          structures within thirty (30) days.
Mayor's Office
?Jln24-6701           If you elect to repair the structures, you must secure all required permits and physically
FAX/721-1214          commence the work within thirty (30) days from the date of this order.
Inspection Services
23 l/724-6715
FAxn16-2501
                      Should you have any questions concerning this matter, please do not hesitate to contact our
                      Building Official, Jerry McIntyre at 724-67 I 5.
Planning/Zoning
231/724~702
F AX/724-6790         Sincerely yours,



                      1~;~·
Police Dept.
231/724~750
F AX/722-5140

Publlc Work!
231/714-4100
FAX/722-4188          Fire Marshal/Inspection Services
Treasurer
231/724--6720
FAX/724-6768

Water Bllllng Depl.
231/724-6718
F A..XJ724-6768

Water Filtration
231/724-4106
FA.X/755,.5290


                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
  \flirm.1ti\ e .-\c1iun
(~2-H7UJ
 FAXfiM,-6790

 .-\ssessor
 616ni.t-61os
 FAxnU-6768

 Cemetery
 6t6n24--6783
 FAxn22-4188

 Civil Service
 6l6n24-6716
 FAXnl4-6790
                                                            West Mlchlgan's Shorellne City
 Clerk
 616nl4-670S
 FAxnl4-4_768                                                CITY OF MUSKEGON
 Contm. & Neigh.
    Services                                          NOTICE OF HEARING ON
 6L6nl4-6717
 FAXfll4-6790
                                                 DANGEROUS AND UNSAFE CONDITIONS
 Engineering
 616nl4-6707
 FAX/714-6790

Finance                    August 4, 2000
616n24-671J
FAxnl4-6768
                           Shelline K White              The Money Store                        Contimortgage Corp
Fire Dept.
616nl4-6792
                           1712 Pine St                  PO BOX 13309                           OP Box 900 Ste. 32
FAXfll4-6985               Muskegon MI 49442             Sacramento CA 95813-3309               Hatboro, PA 19040-0900
Income Tax
6I6n24--6770               Trott & Trott
FAxn24-6768
                           30150 Telegraph Road, Ste. 100
Info. Systems              Bingham Farms, MI 48025
616n24-697S
FAX/724-6768

Leisure Service
616nl4-6704                SUBJECT:       Dangerous Building Case#: 00-47 - 1712 Pine St., Muskegon MI
FAxnl4-6790

Manager's Office           Dear Property Owner:
6t6n24--6724
FAX/714-6790
                           PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Mayor's Office
616n24-670l
                           of Muskegon will be held on Thursday, August 17. 2000 at 5:30 P.M. in the Muskegon
FAX/724-6790               City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Neigh. & Const.
                           determining whether the structure should be demolished or otherwise made safe.
  Services
616/724-6715
FAXfl24-6790               Officials from the Inspection Services Department have inspected the structure and it is
                           alleged that it has defects as listed on the attached page(s).
Planning/Zoning
6I6n24-6702
F Axn24-6790               The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Police Dept.               dangerous buildings.
616nl4-67S0
FAXflll-5140
                           At the hearing, the Inspection Services Department will present testimony regarding the
Public Works
616nl4-4100
                           alleged defects. You are advised that you or your representative may cross examine the
FAXnll-4188                City's witnesses and you may present testimony in your own behalf and call witnesses in
Treasurer
                           your own behal£ We encourage you to attend the meeting since it is always better if
616nl4-6720                someone is available to answer any questions the Board may have.
FAX/724-6768

Water Dept.
6t6n24-67t8                INSPECTION SERVICES
FA:
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       n   m                ITT
                                                  ORCHARD
                                                                                1- l
                                                                               ·••··••··•   ········~   -       .. ~~~
                                                                                    File Number - 405210

                      TRANSNATION TITLE INSURANCE COMPANY

                                          TAX REPORT
                          Affecting land in Muskegon County, Michigan
                                     described as follows:

      The West 31 feet of the North 80 feet- of Lot 1, Block 209, Revised Plat (of
      1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71.
      Muskegon County Records.

Permanent Property No. 31-20-382-008
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special IIJl)rovernent Assessments unpaid, sold, subject to rederrption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the City of Muskegon after said information has been received by the Treasurer in the form of an
assessment roll. This report also includes, but without any representation by Transnation Title Insurance
COITf)any as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if
any, are not included in this report.


CITY OR VILLAGE TAXES
          No 1999 City taxes.
STATE AND COUNTY TAXES
          1998 County tax due in the amount of $365.57, plus penalties and
          interest.
SPECIAL ASSESSMENTS
          Water usage due in the amount of $79.33, plus penalties and interest.
TAX SALES
          State Equalized Value $7,200.00.
          Taxable Value $6,728.00.
          Tax Code No. 24-0003182.
          NOTE:     No Homestead filed.

                                                      By,. C""'on"'n"'1"ec-rc-.-J-r.o"'h""n"'s""o"'n__________
Date - June 4, 1999 at 8:00 AM
  MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
                            DANGEROUS BUILDING REPORT
                                   247 AMITY
                                     2/05199

1. Foundation has loose block and sags near the front of the building on the west side.
2.   Windows are broken.
3.   Front steps are not secured to the front of the building.
4.   Roofing is missing on the rear of the building.
5.   Eaves are rotted.
6.   Siding needs paint and is broken in places.
7.   Graffiti on house.
8.   Entire roof is deteriorated.
9.   Rear porch roofis deteriorated and falling in.

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




                                                                 DATE
 \ffirrnatlw :\ction
616,72+6703



-\ssessor
6 \6172-1-6708



Ccmetel)
6\6i72-l-6783



Cl\'11 Service                                         West Mldd!!an's Shorellne Oty
6\6172-1-6716

                                                           NOTICE AND ORDER
Clerk
616172-1-6705
                       February 8, 1999

C. :"1. Seniccs        State of Michigan
6161724-6717
                       Real Estate Division
                       P. 0. Box 30448
Engineering            Lansing, Mi. 48909
6161724-6707

                       Dear Property Owner:
Finance
6161724-6713
                       Subject:       247 Amity
                                      W 31 Ft ofN 80 Ft Lot 1, Blk 209
Fire Dept
6 l 61724-6792
                       The City of Muskegon Building Official has recently inspected the subject property and has
Income Tax             found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
6 l61724-6770          Code.

Inspections            As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
616172-1-6715
                       structures within thirty (30) days.

Leisure Service        If you elect to repair the structures, you must secure all required permits and physically
6 \6172-1-6704
                       commence the work within thirty (30) days from the date of this order.

.\lanager's om.·e      Should you have any questions concerning this matter, please do not hesitate to contact our
6161724-6724
                       Building Official, Jerry McIntyre at 724-6715.
Mayor's omc.:e
616172-1-670 I         Sincerely yours,

Planning/Zoning
6161724-6702

                       Daniel Schmelzinger
Police Depl.           Director, Neighborhood and Construction Services
6 ! 61724-6750



Public Works
6161726-4786



Treasurer
616/724-6720



Water Dept.
6!6172-1-6718



                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
ru111u,•u•" ,...,,.v.,
6\6n24-670J
FAxn22-l2U

ASles.sor
"416nH-6708
FAxn24--U78

Cemetery
6l6n2 ..... 67&3
FAxnl6-5617

Civil Sen-ice
6t6n24-67l6
FAxn24-6790                                                West Mldllgan's Sbordlne aty
Clerk                                          MUSKEGON HOUSING BOARD OF APPEALS
616n24-61os
FAX1724-4178
                         DATE:           April S, 1999
Comm. & Nei&h.
  Service5
6t6n2+6717                               #99-10-247 Amity
FAXfl26-2501
                         CASE:
Engineering
616n24-6101
                         Chong Thomas                           . Scott Flaska
FAxn27-6904              272 Amity                               P. 0. Box 81
Finance                  Muskegon,Mi.49442                       Cedar, Mi. 49621
616n24-671J
FAxnl4-6768
                         FINDING OF FACTS AND ORDER
Fire Dept.
616nl4-6792
FAXfl24-6985             The following action was taken at a session of the Muskegon Housing Board of Appeals
Income Tax
                         held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 1st of April 1999.
616nl4-6770
FAXfl24-6768
                         The Neighborhood and Construction Services Department of the City of Muskegon, having
Info. Systems            inspected the building structure located upon the property described as W 31 Ft of n 80 Ft,
&16n24-6975
FAxn24-6768              Lot 1, Block 209 also known as 247 Amity found the conditions listed on the attached pages
                         exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
Leisure Service
6t6n2+6704               Ordinances.
FAX/724-6790

!\tanager's Office       The Board further found that these conditions exist to the extent of endangering life, safety
6t6n24-6724
FAxnll-1214
                         and the general welfare of the public.
Mayor's Office
616/724-6701
                         Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/722-1214             declared to be unsafe, substandard and a public nuisance.
Neigh. & Const.
  Services               It is, therefore, ordered that the owners or other interested parties take such action to repair
616/724-6715
FAX1726-2501             or remove said structure, or appeal this order within 20 days of the receipt of this order.
Planning/Zoning
6t6n24-6702              It is further ordered that if the owners or other interested parties fail to repair or remove said,
FAXfl24-6790
                         structure, or appeal this order within 20 days of the receipt of this order, the Building
Police Dept.             Official shall take bids and remove said structure.
616n24-6750
FAX/722-5140

Public Works
6t6n24-4100
FAxnll-4188

Treuurer
6l6nl4-6720
FAxnl4-6768

Water Dept.
616n24-67t8
FAxn24-6768

Water Filtration
6t6nl4-4106
FAxnS~5290                        City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
If you wish to appeal this order, you must do sq within twenty days. You i:oay obtain the
appeal foan _at the City's Neighbodwod and Construction Services Department
(Inspections), City Hall. 933 Temce Stieet.
            .               .




                          OARD OF APPEALS
 .\fTirmathe Action
 0 l '724-6703
 F.\X;722-1214

 \ssessor
                                                        MUSKEGON
 016,724-6708
 FAX/724-.i I 78

 Ceme1ery
 616nU-6783
 FAxn26-56 I 7

 Civil Service
 616n2+6116
 FAxn24-6790
                                                        West Mldtlf!an's Shorellne aty
 Clerk
 616n2+670S
                                           MUSKEGON HOUSING BOARD OF APPEALS
 FAxn24-4178

 Comm. & Neigh.
                      DATE:           December 9, 1999
    Services
 616/724--6717
 FAxn26-2501
                      CASE:           #99-10-247 AMITY
 Engineering
 6t6n2+6101
 FAxn27-6904          Chong Thomas                                              Linda Smith
Finance               272 Amity                                                 6535 Bach
616/724-6713
FAXn24-6768
                      Muskegon,Mi.49442                                         Gagetown, Michigan 48735

Fire Dept.
616/724-6792
FAX1724-6985

Income Tax            FINDING OF FACTS AND ORDER
6l6n24--6770
FAX/724-6768
                      The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems
616n24-6975
                      held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the December 2,
FAX/724-6768          1999
Leisure Service
616/724-6704          The Neighborhood and Construction Services Department of the City of Muskegon, having
FAX/724-6790
                      West 31 Feet of the North 80 Feet of Lot 1, Block 209 also known as 247 Amity
\lanager's Office     inspected the building structure located upon the property described as found the conditions
616/724-6724
FAX/722-1214          listed on the attached pages exist and that these conditions are hazardous as defined in
                      Section 4-23 of the Code of Ordinances.
Mayor's Office
616/72.i-6701
FAX/722-1214          The Board further found that these conditions exist to the extent of endangering life, safety
Neigh. & Const.       and the general welfare of the public.
   Services
616/724-6715
FAX/726-2501          Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Planning/Zoning
                      declared to be unsafe, substandard and a public nuisance.
616/724-6702
FAxnH-6790
                      It is, therefore, ordered that the owners or other interested parties take such action to repair
Police Dept.          or remove said structure, or appeal this order within 20 days of the receipt of this order.
616/72.J-.6750
FAX1722-5140
                      It is further ordered that if the owners or other interested parties fail to repair or remove said
Public Works
616/724-4100          structure, or appeal this order within 20 days of the receipt of this order, the Building
FAX/722-4188
                      Official shall take bids and remove said structure.
Treasurer
616/724-6720
FAX/724-6768

Water Depl.
6l6nH-6718
FAX1124-6768

Water Filtration
616n24-4l06
FA\/755--5290                  City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal. this order, you must do SQ. within twenty days. You may oo= .....
                                           eomuw:uon
appeal. fum1 at the City's Neighborhood and.                Services~
(ID.spec:doos), City Hall. 9'33 TmaceSti:eet.

                            V\_.
                           OARD OF APPEALS·
                           DANGEROUS BUILDING REPORT
                                  247 AMITY
                                          2/05/99

1.   Foundation has loose block and sags near the front of the building on the west side.
2.   Windows are broken.
3.   Front steps are not secured to the front of the building.
4.   Roofing is missing on the rear of the building.
5.   Eaves are rotted.
6.   Siding needs paint and is broken in places.
7.   Graffiti on house.
8.   Entire roof is deteriorated.
9.   Rear porch roof is deteriorated and falling in.

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

     The motion carried.

     #99-10- 247 AMITY - SCOTT FLASKA, P.O. BOX 81, CEDAR, MI

     Linda Smith and Chong Thomas were in. attendance because there was some conflict as who
     owns property. Linda Smith called the office in Oct. of 99 and stated that she was buying on
     land contract and ended up with house and is suing for miss representation. Chong Thomas had
     basically the same situation, \mt actually has no ties to the house. Motion made by Johnson,
     supported by Nielsen to support staff recommendation to declare structure at 24 7 Amity unsafe,
     substandard, a public nuisance and forward to the City Commission for concurrence. A roll call
     vote was taken:

     AYES                   NAYS                    ABSENT                          EXCUSED
·•
     Robert Johnson         None                    William Anderson                Greg Borgman
     Randy Mackie
     John Warner
     Clint Todd
     Fred Nielsen

     The motion carried.

        -14 - 573 ORCHARD - CHONG THOMAS, 272 AMITY, MUSKEG

     Chong T        as was present at meeting, stating that she's workin          ouse. Robert Grabinski
     stated that this use came to us as a result of a drug raid.          cers along with the fire marshal
     removed occupan         cause house was substandard.          . Grabinski stated that Ms. Thomas has
     been in the office and      tried to pull permits       electrical was denied due to the number of
     violations that are uncorre       , he reco         s that we table for 60 days to give Ms. Thomas
     cha,1ce to pull necessary perm1       lo     1th a timetable of completion. Johnson made motion,
     supported by Nielsen to table for              A roll call vote was taken:

                                                                                    EXCUSED

     Robert Johnson                                                                 Greg Borgman
     Randy Mackie
     John Warner
     Clint Tod
                         CITY OF MUSKEGON
                 DANGEROUS BUILDING INSPECTION REPORT
                             FIRE - INTERIOR/EXTERIOR
                                           247 AMITY
                                             2/19/01
Inspection noted:

FIRE AREA:

I.     Structural ceiling, wall, floor, rafter damage back bedroom, main floor.
2.     Entire roof in need of structural repair - rafters, sheathing, covering, fascia, soffit
3.     Siding replacement needed.
4.     Foundation wall in basement bowed, needs tuck-pointing, water proofed, sill
       damage.
5.     Roof caving in other areas of home not affected by fire.

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.



                                       '
        FALTINOWSKI, BUILDING INSPECTOR




F:\lnspections\Everett\WORD\STANDARD FORMS\DB INSPECTION REPORT FORM.doc
DATE:            April 2, 2001

TO:               Honorable Mayor and City Commissioners

FROM:            Robert Grabinski, Fire Marshal

RE:              Concurrence with the Housing Board of Appeals Notice and Order
                 to Demolish. Dangerous Building Case #:00-99; Address: 462
                 White Ave, 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
462 White Ave, 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: 00-99 - 462 White Ave, Muskegon Ml.

Location and ownership: This single family home is located on White Ave near
Wood Street in Angel neighborhood, HUD Census Tracking #3. The owner is
Ricki & Sheila Davis of Muskegon Ml.

Staff Correspondence attachments: Dangerous building inspection report
conducted on 11/28/00. Notice and Order to Repair was sent on 1/03/01. Notice
of Hearing for HBA was sent on 2/13/01. HBA Order to demolish was sent on
3/7/01. Meeting minutes for 3/01/01.

Owner Contact: Ricki and Sheila Davis contacted the office on January 19,
2001. They requested not to receive any mail regarding the property at 462
White. They submitted a poor legible copy of a land contract they had with a Mr.
Daniel Brown. According to City Records, the Davis's are still the deed holders
therefore; this department acknowledges the Davis's as responsible for the
property and will continue to send notices to them as well as Mr. Brown. Copy of
Land Contract is attached.

Financial Impact:         CDBG

Budget action required: None

State Equalized value: $10, 100.00

Estimated cost to repair: $20, 000.00 plus cost of required interior repairs.




F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.doc         page 1 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, April 10, 2001.




F:\lnspectlons\Everctt\WORD\CC MEETINGS\AGENDA -15 E MUSKEGON.doc   page 2 of2
ANGEL NEIGHBORHOOD
    CENSUS# 3

     462 WHITE
      11/28/00




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                                                                                                                             LJ
                                        T                I                      '
                                                                                              H           -                       --
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                    462 WHITE
                                     11/28/00


Inspection Noted:
1.    Front porch guard rail and hand rail is missing.
2.    Foundation is failing.
3.    Windows are broken out.
4.    Window sashes are rotted.
5.    Chimney's need tuck pointing.
6.    Siding Deteriorated.
7.    Roof needs replacing.
8.    Soffit and facia rotted.
9.    Garage wall is bowed out.
10.   Garage roof is failing.
11.   Garage is rotted at the grade.
12.   Garage doors are missing and damaged.
13.   Roof on the house is bowed.
14.   Interior inspection is required by the electrical, plumbing, mechanical and
      building im,pectors before any permits or certificate of occupancy will be
      issued.


BASED UPON MY RECENT INSPECTION 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.

                             JI
Don LaBrenz II, Electric    uilding Inspector
                                           CITY OF MUSKEGO:\'

           NOTICE ANO ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          0 l/03/0 l

       Address of the Property:       46? White Ave., Muskegon, Michigan

       Description of the Structure: Lot 12, Blk 43

       TO:     Shelia Davis, 914 Fleming St.. Muskegon MI 49442
               [Name and address of Owner]

               None known at this time.
               [Names and Addresses of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has detem1ined 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 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'STANDARD FORMS\462 white.doc

                                                   Page 1 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 462 White Ave., 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 OF MUSKEGON INSPECTION DEPARTMENT
                                                             1.,


                                                    Dated:    January 10, 2001
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Address of the Property:     462 White, Muskegon, Michigan

Description of the Structure: Lot 12, Block 43

TO:    Rickie & Shelia Davis, 914 Fleming St., Muskegon MI 49442
       [Name & Address of Owner]

       Daniel Brown, 462 White Street, Muskegon MI 49442
       [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 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 1/03/01 .

       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:\INSPECTIONS\EVEREIBWORDIHBA MEETINGS\NOTICE OF HBA HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          March 7, 2001

To:            Rickie & Shelia Davis, 914 Fleming Street, Muskegon MI 49442
               Owners Name & Address ·

               Daniel Brown, 462 White Street, Musekgon MI 49442
               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 March I , 20 00, does hereby order that the following structure(s)
located at 462 White , 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.

                            All structures located on Lot 12, Block 43

        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 accomp1ished no later than 60 days after a
concurrence by the City Commission.

        The director of inspections is ordered to delay for 30 days placing 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:IINSPECTIONSIEVEREIBWOROIHBA 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 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
      considered the record and this order, and has concurred.




                                                   Robert . Grabinski, Fire Marshal/Inspections Dept




      F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGSISTANOARO FORMSIORDER TO DEMOLISH.DOC
!-!BA Minutes 3/0 I


Case# 00-99 - 462 White, Ricki & Shelia Davis, 914 Fleming Street,
Muskegon Ml 49442

History: Grabinski informed the board that upon receiving the notice and order to
repair or remove the structure, the owner's called the office and requested not to
receive any more mail concerning the property. They claimed that they were not
the owners. They faxed a poor legible copy of a land contract with a Daniel
Brown. It was the decision of staff that a land contract does not release the
Davis's of ownership and until our office receives a quit claim or warranty deed
naming Mr. Brown the owner, staff will still consider the Davis's responsible for
the property. There has been no further contact from the owner.

Staff's Recommendation: To declare the structure dangerous, substandard,
unsafe, a public nuisance and forward to the city commission for concurrence.

Motion: Jerry Bever, supported by Randy Mackie, made a motion to accept
staff's recommendation and declare the structure at 462 White as dangerous,
substandard, unsafe, a public nuisance and forward the case to the City
Commission for concurrence in demolition of the structure.

Discussion: Nick Kroes informed Staff that he drove by the structure and it was
wide open. He requested that staff have it boarded up. Staff said that they are
aware that the porch door was open and explained that there is another door
inside that lead into the home and that that door is secured.

A roll call vote was taken:

                      NAYE:              ABSENT:              EXCUSED:

Greg Borgman                                                  Clint Todd
Fred Nielsen
John Warner
Randy Mackie
Jerry Bever
Nick Kroes

The motion carried.

There was no new or old business and the meeting adjourned at 6:20 PM.




                                       8 of 8
                                 !TRAC'!'   --en




              914 Fleming st.

              Daniel Brown (a single man)

              462 White st. Muskegon, Michigan 49442



                                        WI T N E S S E T H :


    WHEREAS, Buyer and Seller have entered into a Land Contract of even date herewith;
    and,

    WHEREAS, the parties desire to enter into this Memorandum of Land Contract to give
    record _notice. of ~xistence of said ~arid Contract.

    NOW THEREFORE, in consid3ration of the Premises and for other good and valuable
    consideration Seller. acknowledges and agrees that they have sold to Buyer on the
    Land Contract dated    April 5th            , 19~, the following described prem-
    ises situated in the city                     of Muskegon                County of
      Muskegon                     and State of Michigan, to-wit:


              Lot12, Block 43, Revised Plat (of 1903)
              of the city of Muskegon, As Recorded in
              Liber 3 of Plats, Page 71, Muskegon County
              Records.




-•.
.,
    '
"STATE OF- MICHIGAN

    COUNTY. OF 'MUSKEGON

    The foregoing instn,ment was ac:knowledged before me this ___;:S_t_h
                                                                       ________c
~arbor Title
                  955 West Broadway
                  Muskegon,Ml49441
                                                Title Search
                                                                                        Case No.: 100019087
                                                                                          December 22, 2000

I.   Beginning Date: December 14, 1983, at 8:00 A.M.

     Please See Attached Liber 1274, Page 374, Muskegon County Records, for Legal Description:

2.   We have searched the records in the office ofthe Register of Deeds for Muskegon County, Michigan covering the
     subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
     November 17, 2000, at 8:00 A.M.

                                                   Documents
                      Deeds:                                                          Mortgages:
                     1274-374                                                           None

                                                         Taxes:
     Civil Infractions are unavailable at this time.

     Invoice Charges in the amount of$274.00, due and payable to the City ofMuskegon.(Invoice
     #'s 9812639, 9815632 and 9817013)

     Payment of the delinquent Water usage bill, due and payable to the City of Muskegon Treasurer
     in the amount of $2.04.

     Payment of the Sidewalk Assessment, due and payable to the City of Muskegon Treasurer in the
     amount of $421.00, if paid by December 31, 2000.

     Payment of the 1996 delinquent taxes, due and payable to the Muskegon County Treasurer in the
     amount of $917.87, if paid by December 31, 2000, or in the amount of $917.87, if paid by
     January 31, 2001.

     Payment of the 1997 delinquent taxes, due and payable to the Muskegon County Treasurer in the
     amount of $743 .26, if paid by December 31, 2000, or in the amount of $751. 71, if paid by
     January 31, 2001.

     Payment of the 1998 delinquent taxes, due and payable to the Muskegon County Treasurer in the
     amount of$677.93, if paid by December 31, 2000, or in the amount of$683.24, if paid by
     January 31, 2001.

     Payment of the 1999 delinquent taxes, due and payable to the Muskegon County Treasurer in the
     amount of $622.35, if paid by December 31, 2000, or in the amount of $627 .67, if paid by
     January 31, 2001.

     Payment of the 2000 Winter Taxes, due and payable to the City of Muskegon Treasurer in the
     amount of$698.59*, if paid by February 14, 2001.

     Note:
     No 2000 Summer Taxes were assessed.
     New Pemrnnent Parcel No.: 61-24-205-043-0012-00.
     2000 State Equalized Value; $10,100.00.
     2000 Taxable Value: $8,185.00.
     Non-Homestead Property.

     *Note: Delinquent Water/Sewer Usage in the amount of $161.52 was included in the 2000 Winter tax
     bill, and a Sidewalk Assessment Installment in the amount of $93.56.

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

     Rickie Davis

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

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.
DATE:             April 2, 2001

TO:               Honorable Mayor and City Commissioners

FROM:             Robert Grabinski, Fire Marshal

RE:               Concurrence with the Housing Board of Appeals Notice and Order
                  to Demolish. Dangerous Building Case #:00-100; Address: 15 E.
                  Muskegon, 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 15
E Muskegon, 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: 00-100 - 15 E Muskegon, Muskegon Ml

Location and ownership: This single-family rental unit is located on E. Muskegon
in the Jackson Hill Neighborhood, HUD census tracking number 2. The owner is
Alfonzo Farmer and Jerri Oakes of Muskegon Ml.

Staff Correspondence attachments: A dangerous building inspection was
conducted on 12/4/00. A Notice and Order to repair was issued on 1/10/01. A
Notice of HBA Hearing was sent on February 13, 2001. The Board's issued an
Order to Demolish on March 7, 2001. Letter to Mr. Farmer dated 3/21/01.

Owner Contact: Mr. Alfonzo Farmer came to the inspection department with
copies of quit claim deeds that were not in the title search. It appears that he is
part owner with Jerri Oakes . Mr. Farmer was given until April 4, 2001 to comply
with the letter dated 3/21/01 . There has been no contact from th e owner since
then .

Financial Impact:         CDBG

Budget action required: None

State Equalized value: $10, 800.00

Estimated cost to repair: $7, 500.00 plus cost of required interior repairs .




F:\lnspcctions\ Evcrcll\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.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, April 10, 2001.




F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.doc   page 2 of2
DATE:         March 30, 2001

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski, Fire Marshal/Inspection
              Services Dept.

Re:           Concurrence with the Housing Board of Appeals
              Finding of Facts and Order for 273 Merrill.


SUMMARY OF REQUEST: This is to request City Commission concurrence with
the findings of the Housing Board of Appeals that the structure located at 273
Merrill 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.

FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.

BUDGET ACTION REQUIRED: NONE
                                                                                    th
LOCATION & OWNER: This single family home is located on Merrill between 4
and 5th Street the structure sits behind the dwelling addressed as 271 Merrill.
The owner is Dawn Delapas of Muskegon Ml.

HISTORY: This property was reffered as a dangerous building by Roxi Wever,
housing inspector after conducting a rental inspection on September 20, 2000. A
list of defects is attached. On November 7, 2000 a dangerous building inspection
was conducted. A Notice and Order to Repair was sent on 1/10/01. On 1/30/01
the police department requested the structure be boarded.(please see attached
report). There was no response from the owner and a notice of hearing was sent
on 2/13/01. On 3/1 /01, the Housing Board of Appeals declared the structure
unsafe, substandard and a public nuisance.

STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
order to demolish and declare the dwelling at 273 Merrill unsafe, substandard
and a public nuisance.
STATE EQUALIZED VALUE: $18,900.00

ESTIMATED COST OF REPAIRS:$ $15,000.00

CITY COMMISSION RECOMMENDATION:                The Commission will consider
this item at it's meeting on April 10, 2001.
                                                           I    _J



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                                                                                       File# 412809


                   TRANSNATION TITLE INSURANCE COMP ANY

                                               TAX REPORT
                               Affecting land in Muskegon County, Michigan
                                            Described as follows:

          Lot 5, Block 387, Revised Plat (of 1903) of the City of Muskegon, according to the
          recorded plat thereof in Liber 3 of Plats, Page 71, Muskegon County Records

Permanent Property No.:                     6 l-24-205-387-0005-00

An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or Special
Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below, This report includes
information obtained from the records in the office of the Treasurers of Muskegon County and of the City of Muskegon
after said the Treasurer in the fonn of an assessment roll has received information. This report a1so includes, but without
any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village
and Township Treasurers, and from Treasurer of Cities other that the City of Muskegon, Inheritance or Estate Taxes and
Federal Tax Liens, if any, are not included in this report.


CITY OR VILLAGE TAXES

           No 2000 City Tax

STATE OR COUNTY TAXES

           1999 Winter tax due in the amount of $930.33 if paid by 11-30-00

           State Equalized Value $18,900.00
           Taxable Value $15,216.00

           NOTE:Homestead filed

           NOTE: Invoices, Infractions, Special Assessments and Water bills have
           not been checked. Contact the City Treasurer for this information.




DATE:                 November 10, 2000

MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
                        CITY OF MUSKEGON INSPECTION REPORT

November 8, 2000     AT 4:34 p.m.     FOR   MERRILL 273             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
            NOTE: Non owner-occupants must use licensed contractors for
            most electrical, plumbing or mechanical repair work. Call
            724-6758 for more information.
  4   A   BATHROOM
            Lavatory is missing.
  5   B   BATHROOM - TOILET
            Toilet is tilted.
  6   B   BATHROOM - TUB
            Tub surround is loose.
  7   B   BATHROOM - TUB
            Floor covering has holes, rips or is missing or is not sealed
            on edges.
  8   B   BATHROOM - TUB
            Tub surround needs caulking.
  9   B   BATHROOM - TUB
            Anti-siphon hallcock is short--needs to be tall enough to
            give l" between bottom of ballcock and overflow tube.
 10   B   BATHROOM - TUB
            Wall or walls has a hole or holes or large cracks in it.
 11       CELLAR
            No entry: Will inspect at reinspection
 12   A   CELLAR
            Furnace needs an inspection by a mechanical contractor and
            must be certified safe.
 13       CELLAR
            No entry to crawl space.
 14   A   CRAWL SPACE OVER KITCHEN
            Roof rafters are split and need additional support.
 15   B   DINING ROOM
            Floor covering has holes, rips or is missing or is not sealed
            on edges.
 16   A   DINING ROOM
            Window has broken or cracked glass.
 17   B   DINING ROOM
            Warm air register(s) is/are broken or missing.
 18       EXTERIOR
            Roof is totally deteriorated - must be replaced.
 19   A   EXTERIOR - CELLAR
             Window has broken or cracked glass.
 20   A   EXTERIOR - FRONT
             Window has broken or cracked glass.
 21   A   EXTERIOR - FRONT
                          CITY OF MUSKEGON INSPECTION REPORT

November 8, 2000       AT 4:34 p.m.       FOR     MERRILL 273          PAGE     2



No    Cat                             Violation
      ---   -=-----==========-===============================================
           Window sash is broken, rotted or missing.
 22    B EXTERIOR  - FRONT DOOR
           GLASS MISSING
 23    B EXTERIOR - REAR
           Light fixture is broken or loose.
 24    B EXTERIOR - REAR
           DOOR KICKED IN -JAMB BROKEN
 25    A EXTERIOR - WEST SIDE STEPS
           Risers are broken.
 26    A FRONT BEDROOM
           Window has broken or cracked glass.
 27    B FRONT BEDROOM
           Ceiling is water damaged.
 28    B FRONT BEDROOM
           Paneling has holes.
 29    B FRONT BEDROOM
           No backer behind the paneling.
 30    A FRONT BEDROOM
           No power.
 31    B FRONT PORCH
           Door is improperly repaired and needs to be replaced.
 32    B FRONT PORCH
           Door hardware is broken, missing or incomplete.
 33    B FRONT  PORCH
           Floor covering has holes, rips or is missing or is not sealed
           on edges.
 34    B GENERAL - ALL ROOMS
           Window is not weathertight and in good repair.
 35    B KITCHEN
           Floor covering has holes, rips or is missing or is not sealed
           on edges.
 36    B KITCHEN
           Roof leaks.
 37    B KITCHEN
           Ceiling is water damaged.
 38    B KITCHEN
           Window lock(s) is/are missing or inoperative.
 39    B KITCHEN
           Sink cabinet or floor is rotted or rusting away.
 40    B KITCHEN
            GFIC is painted shut.
 41    B KITCHEN
            Trim is broken, missing or incomplete.
 42    B KITCHEN
            Cabinets are not in good repair.
 43    B    KITCHEN
              Countertop is chipped, broken or damaged causing the
              countertop to be unsanitary.
 44    B    KITCHEN - WEST SIDE
              Outlet is broken, loose or not working.
 45    A    LIVING ROOM




                           CITY OF MUSKEGON INSPECTION REPORT

November 8, 2000        AT 4:34 p.m.       FOR     MERRILL 273         PAGE   3



No    Cat                              Violation

              Window has broken or cracked glass.
 46   A     LIVING ROOM
              Smoke detector is missing or inoperative near the bedrooms.
 47   B     LIVING ROOM
              Floor covering has holes, rips or is missing or is not sealed
              on edges.
 48   B     LIVING ROOM
              Paneling has holes.
 49   B     LIVING ROOM
              Ceiling tile are missing or falling down.
 50   B     LIVING ROOM
              No backer behind the paneling.
 51   B     REAR BEDROOM
              Wall or walls has a hole or holes or large cracks in it.
 52   B     REAR BEDROOM
              Does not have privacy door.
 53   B     REAR BEDROOM
              Ceiling tile are missing or falling down.
 54   A     REAR BEDROOM
              Fuse panel cover is not installed.
 55   A     UPPER BEDROOM
              Window sash is broken, rotted or missing.
56    B     UPPER BEDROOM
              Wall or walls has a hole or holes or large cracks in it.
 57   B     UPPER BEDROOM
              Floor covering has holes, rips or is missing or is not sealed
              on edges.
58    B     UPPER BEDROOM
              Ceiling has peeling paint.
59    B     UPPER BEDROOM
              Wall covering is incomplete.
60    A     UPSTAIRS
              Step is broken or rotted.
61    B     UPSTAIRS
              Has a weak step.
62    A     UPSTAIRS
              Handrail is missing.
63    B     UPSTAIRS
              Ceiling cover is incomplete:
 64     B     UPSTAIRS
                Wall covering is incomplete.
 65     A     UPSTAIRS
                Smoke detector is missing or inoperative near the bedrooms.
 66     B     UPSTAIRS
                Ceiling cover is incomplete.
 67     B     UPSTAIRS
                Trim is broken, missing or incomplete.
 68     B     UPSTAIRS
                Ceiling has a hole or holes or large cracks in it.
 69     B     UTILITY ROOM
                Wall or walls has a hole or holes or large cracks in it.




                             CITY OF MUSKEGON INSPECTION REPORT

November 8, 2000          AT 4:34 p.m.       FOR     MERRILL 273         PAGE     4



No     Cat                               Violation
--- ---       ===============================================================-=
 70     B     UTILITY ROOM
                Ceiling is water damaged.
 71     A     UTILITY ROOM
                Smoke detector is missing or inoperative near the bedrooms.
 72     B     UTILITY ROOM
                Thermostat cover is missing.
 73     A     WATER HEATER
                Water heater cannot be located in a bedroom.
 74     A     WATER HEATER CLOSET
                Water heater pressure and temperature valve is not piped full
                size to within 6" of the floor.
 75     A     WATER HEATER CLOSET
                Water heater pressure and temperature relief valve must be
                3/4'' and piped (steel or copper) within 6'' of the floor.
      END    OF LIST
                DANGEROUS BUILDING INSPECTION REPORT

                          273 Merrill (Part of 271 Merrill)

                                        11/7100


Inspection noted:

I.     Roof system on home severely deteriorated. Roof covering, sheathing, fascia,
       soffit damaged.
2.     Chimneystack deteriorated.
3.     Numerous broke out windows.
4.     Rotted siding, window frames.
5.     Graffiti on home.
6.     Front porch structurally unstable.
7.     Cracked door jams, casing.
8.     Foundation failing.
9.     Interior inspection required on electrical, plumbing, mechanical and building
       before any permits or occupancy will be allowed.


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:\Inspections\Everett\DANGEROUS BUILDING INSPECTION REPORTS\273 Merrill.doc
                                            CITY OF MUSKEGO'.\

           1'OTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          01/10/0l

       Address of the Property:       273 Merrill (Located behind 27 l Merrill), Muskegon, Michigan

       Description of the Structure: Lot 5 Blk 387

       TO:     Roecelio/Dawn Delapaz Jr.. 271 Merrill. Muskegon MI 49441
               [Name and address of Owner]

               Delta Funding Corporation. l 000 Woodbury Rd. Woodbury NY l l 797
               Old Kent Bank of Grand Haven. 4300 Grand Haven Rd. Muskegon MI 49441
               Debra Doremire. 1442 Barnes Rd .• Muskegon MI 49442
               Debra Doremire. 157 Mill Brook. Muskegon MI 49442
               [Names and Addresses of Other Interested Parties]

               The Building Inspection Department of the City of Muskegon has detem1ined 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 permits required to accomplish the repair of the
                              structure defects listed in the attached schedule within 30 days of this
                              notice. All repairs §hall be accomplished within the times set forth in the
                              pe1111its. All work must be physically commenced within 30 days of the
                              date of this notice.

               2.             Obtain the issuance of the appropriate pem1it 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\ST ANDARD FORMS\273 Merrill.doc

                                                   Page 1 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
presert, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
de1_nor-ished.


                               SCHEDULE OF CONDITIONS

        The following conditions are present at the structure at 273 Merrill, Muskegon, Michigan, and cause
said stmcture to be a dangerous or substandard building and a public nuisance.

       Please see the attached dangerous building inspection report.

                                                    CITY OF MUSKEGON INSPECTION DEPARTMENT
                                                          7-

                                                    Dated:     January 10, 2001
Incident Renort              MUSKEGON POLICE DEPARTMENT              2001-002208-I
 Incident No     j    Date & Time Rept      Offense: 98007
 2001-002208-I       01/30/2001     00:02   SUSPICIOUS SITUATIONS


              11
 Occurred From:         Occurred Until:     Incident Location
 01/30/2001 00:02       01/30/2001 00:02    273 MERRILL .
 Current Disp      Disposed To              Municipality         District
 CLOSED            CLOSED      LORD         MUSKEGON          I  111
 Disposition Date         Juveniles Only?   TTY Sent? I  Cancelled?  I TTY number
 01/30/2001
 Photos?
   NO
         1   Consent?
                NO
                                 NO
                            Affidavit?
                                 NO
                                               NO
                                            Optional Date/Time
                                              I I         :
 Officer Assigned                           Investigating Officer
 10507 FENWICK, LEAH C
 N    Copy to Inspections
 0
 T   Buildina check
     Name/Address/Phone                              Description
 p   FRAZIER, NAPOLEON                               Born 02/21/1981      MALE
 E   378 W GRAND                                     Hgt.  0' 0"
 R   MUSKEGON              MI 49441                  Wgt.   0
 s   (231) 728-4299
 0
 N
     OTHER
     01/30/2001
                  198007
                                                     Hair
                                    SUSPICIOUS SITUATIONS
                                                                  Eves


      Descrintion/Name/Comments    IMake/Model/Statl   Serial No./Qtv/Value
     NO PROPERTY
     Status/Plate Tvoe/VIN      I Rea/Evid/Valuel Descrintion
     NO VEHICLES
       Catecrorv                     7   Descrintion
     NO M.O. INFORMATION


                                    lt
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                  e;,          it'~                                 .




rpt_revt.c 1.41               Date Printed: 01/30/2001                   Page   1
Continued                  MUSKEGON POLICE DEPARTMENT             2001-002208-I
 Incident No    I Date & Time Rept I      Offense: 98007
 2001-002208-I     01/30/2001   00:02     SUSPICIOUS SITUATIONS
 N   TAKEN FROM WORDPERFECT DOCUMENT 2001002208.001
 A        The house at 273 Merrill is currently vacant and I found both
 R doors ajar.
 R        We checked the interior and no one was inside. There didn't
 A appear to be any signs of current forced entry. The locks on the
 T doors don't secure.
 I        Bressar's last contact for that address is for Napoleon
 V Frazier. The house has been vacant for some time.
 E        Please notify Inspections as the house is unsecured.
          Cleared.
                                                      L. Fenwick 507




rpt_revt.c 1.41           Date Printed: 01/30/2001                     Page   2
                              CITY OF MUSKEGO,\
             CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                       NOTICE OF HEARING

    Address of the Property:      273 Merrill, Muskegon, Michigan

    Description of the Structure: Lot 5. Block 387

    TO:    Roecelio/Dawn Delapaz Jr., 271 Men-ill. Muskegon MI a49441
           [Name & Address of Owner]

           Delta Funding Corp, 1000 Woodbury Rd, Woodbury NY 11797
           Old Kent Bank of Grand Haven. 4300 Grand Haven Rd., Muskegon MI 49441
           [Names & Address of Other Interested Parties]

            Please take notice that on Thursdav, March I, 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 detem1ined 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 of Demolish a structure issued by the City of Muskegon Inspection Services Department
.   011 Iii 0101.


           At the hearing on Thursday, March l, 2001 at 5:30 p.m., at the Muskegon City Hall,
    933 Ten-ace 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 BE.Hi~ 0 THE HOUSING BOARD OF APPEALS




    F:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSINOTICE OF HBA HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

Date:          March 7, 2001

To:            Roecelio/Dawn Delapaz Jr.. 271 Merrill, Muskegon Ml 49441
               Owners Name & Address

               Delta Funding Corp .• I 000 Woodbury Rd, Woodbury NY 11797
               Old Kent Bank. 4300 Old Grand Haven Rd. Muskegon MI 49441
               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 March 1 , 20 00, does hereby order that the following structure(s)
located at 273 Merrill , 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 Structure located behind 271 Merrill on Lot 5 Block 387

        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 delay for 30 days placing 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:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSISTANDARD FDRMSIORDER 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 ofinspections. 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
considered the record and this order, and has concurred.

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

                                             F


                                             Robert   . Grabinski, Fire Marshal/Inspections Dept




F:IINSPECTIONSIEVERETnWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
Case #00-85 - 273 Merrill - Dawn Delapaz, 271 Merrill, Muskegon Ml 49441

No one came to the meeting to represent this property. A Notice and Order to
Repair was sent on 2/10/01. Staff hasn't heard from the lending institutions or
the owner. Lending institutions did receive letter the owner did not claim the
letter. There has been no change in the condition of the home and the City had
the structure boarded recently.

Discussion: John Warner was concerned with the structure at 271 Merrill and
asked if the case included that structure. Grabinski clarified that 273 Merrill is the
dwelling being discussed but that 271 Merrill will be looked at as a dangerous
building as well.

Recommendation: To declare the structure unsafe, substandard and forward to
the City Commission for concurrance.

A roll call vote was taken:

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

The motion carried.

    se # 00-100 -15 E Muskegon, Pamela Fields, 1817 Jefferson,
49 .... --..

History: This       appears to have been a case ba        1995. Grabinski said he
reviewed the file b    hen and it went in a re · of timetable and then got
dropped. A notice an                           0/01. There has been no contact
with the owner.

Staff Recommendation:                        ructure substandard, unsafe, a public
nuisance and forward t        e city commissio

                     kie, supported by John Warner,
staffs reco       ndation and declared the structure at 1      uskegon dangerous,
substan     cl, unsafe, a public nuisance and to forward the c
com · sion for concurrence in demolition of the structure.




                                         6 of9
DATE:             April 2, 2001

TO:                Honorable Mayor and City Commissioners

FROM:              Robert Grabinski, Fire Marshal

RE:               Concurrence with the Housing Board of Appeals Notice and Order
                  to Demolish. Dangerous Building Case #:99-34; Address: 1309
                  Sixth Street, 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
1309 Sixth Street. 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: 99-34 - 1309 Sixth Street, Muskegon Ml

Location and ownership: This single-family unit is located on Sixth Street in
Nelson Neighborhood, HUD census #6.02. Previously owned by Sterling Bank
and Trust(Bob Parker), The new owner is Guadelupe Loera of Muskegon Ml.

Staff Correspondence with Owner: Dangerous building inspection report dated
6/23/99. Plumbing/Mechanical inspection report dated 5/3/00. Notice and Order
dated 6/28/99. Notice of Hearing dated 9/27/99. Owner's schedule of repairs
dated 10/7/99. Finding of facts dated 11/10/99. Notice of hearing 9/25/00.
Finding of facts dated 10/10/00.

Owner Contact: Schedule of repairs dated 10/7/99.

Financial Impact:           CDBG

Budget action required: None

State Equalized value: $9, 500.00

Estimated cost to repair: $2, 500.00




F:\!nspections\Evere!t\WORD\CC MEETlNGS\AGENDA - 1309 SIXT! I.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, April 10, 2001.




F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 1309 SIXT] I.doc   page 2 of2
  (




NELSON NEIGHBORHOOD
    CENSUS # 6.02

  1309 SIXTH STREET
        6/23/99
                       DANGEROUS BUILDING INSPECflON

                                      1309SIXTH
                                         6/23/99

1.   Broken out windows.
2.   Back door and jam damaged.
3.   Home in need of protection of exposure from weather and needs paint.
4.   Grafitti on garage and home.

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 MUSK.EGON CITY CODE.




CONCURRED~;?%~
      ~INTYRE, ~INGOFFICIAL
\ffirnutln Action
111 ~14-670J
F-\:\. 72?-1214

\H~Hor
!J1·724-6708
FA.'t 126-5181

Ceme1ery
231/724--6783
FAxnl6-5617

Ch·USenice
n1n24--67t6
F AX/724--4405                                         West Mk:blf!an's ShorellDe (]ty
Clerk
23tn24-6705                                          INSPECTION REPORT
FAX/724-4178
                                                    PLUMBING/MECHANICAL
Comm. & Neigh.
   Sen1ces
231n2+6717                                                   1309 SIXTH
FAX/726-250 I

Engineering                                                      5/3/00
23ln24-6707
FAxn27-6904

Finance
                       Inspection noted:
2Jln24--671J
FAX/724-6768
                       1.    Repair and certify HAVC.
Fire Dept,             2.    Must be done by a licensed contractor.
2Jtnl4-6792
FAxn24-6985

Income Tc-x
231/724-6770           BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
F AX/724-6768
                       DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Info. Systems          DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
23ln24--67-44
FAX/712-4301           4-23 OF THE MUSKEGON CITY CODE.
Leisure Service
ntn24-6704
FAX/724--1196

:\tanager's Office
2311724--6724
FAX/722-1214
                       Rick Clark, Plumbing/Mechanical Inspector
Mayor's Office
23 l/724-6701
FAX.1722-1214

 lnspecth•n Services
 231/724,-t,7.i:'i
 FAX.1726-2:S0I

 Planning/Zoning
 231/724-6702
 FAX/724--6790

 Police Dept.
 231/724-6750
 FAX/722-5140

 Public Works
 231/724-4100
 FAX1722-4188

 Treasurer
 2Jtn24-6720
 F Axn24-6768

 Water Bllllng Dept.
 231/724-6718
 F Axn24-6768

 W 1ter Filtration
 2311714-1106
 F.-\X,'75.5--5290


                                City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
 ,\ffirmative .-\clion
 6 I61724-6703



 Assessor
 6161724-6708



Cemetery
6161724-6783



CIVIi Service                                            West Mlddgan's Shoreline Oty
616/724-6716

                                                              NOTICE AND ORDER
Clerk'
6161724-6705
                         June 28, 1999

C. N. Services
616/724-6717
                         A & E Investments, LLC
                         1050 W. Western
Engineering              Muskegon, Mi. 49440
616/724-6707

                         Sterling Bank and Trust
Finance
616/724-6713             One Towne Square, 1ih Floor
                         Southfield, Mi. 48076
Fire Dept.
6161724-6792             Dear Property Owner:

Income Tax               Subject:        1309 Sixth
6161724-6770                             SELY 33 FT ofNWLY 53 FT ofNEL Y 100 FT, LOT 7, BLOCK 376

lnspecllons              The City of Muskegon Building Official has recently inspected the subject property and has
6 J6/724-6715
                         found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
                         Code.
Leisure Service
6161724-670.J
                         As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
                         structures within thirty (30) days.
Manager's Office
616/724-672--t
                         If you elect to repair the structures, you must secure all required permits and physically
                         commence the work within thirty (30) days from the date of this order.
Mayor's Office
616/724-6701
                         Should you have any questions concerning this matter, please do not hesitate to contact our _
Planning/Zoning
                         Building Official, Jerry McIntyre at 724-6715.
6161724-6702

                         Sincerely yours,
Pollce Dept.
616/724-6750
                     , --: ---- , , n
                         ~
Public Works             Daniel Schrnelzinger
6161726-4786
                         Director, Neighborhood and Construction Services

Treasurer
6161724-6720             C:   Robe.11.;to Loe.11.a., S11..,   2010 W. Cle.ve.la.nd, Ne.w E11.a., M-l. 49446
                              8/9/99
\\-'ater Dept.
616/724-67 18



                               City of Muskegon. 933 Terrace Street, P.O. Box 536. Muskegon. Michigan 49443-0536
                                  CITY OF MUSKEGON

                            NOTICE OF HEARING ON
                       DANGEROUS AND UNSAFE CONDITIONS
                   •


DATE:          September 27, 1999

TO:            Bob Parker


SUBJECT:       Dangerous Building Case #99-34 - 1309 Sixth


PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on October 7, 1999 at 5 :30 p.m. at the Muskegon City Hall
Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.

Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).

The defects are violations of Section 4-23 of the Muskegon City Code, which defines
dangerous buildings.

At the hearing, the Inspection Services Department will present testimony regarding the
alleged defects. - You are advised that you or your representative may cross examine the
City's witnesses and you may present testimony in your own behalf and call witnesses in
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.

Inspection Services
City of Muskegon




                                            ':
                       1309 6th St,




     1.   10/31
     2.   Secured Not completed
     j,   10/31
     4,   Completed




     ";ork on Non conipleted portion vd 11 be ready for
inspection on 11/1/99,



                       ilobert .Parker   10/7/99
         Affilmative Action
         616n:U-670J
         FAxnl~-1214

        , .\.sses.sor
          616n24-6708
          FAxn24-4178

         Cemetery
         6l6nl4--678J
         FAxn2f~56l7

         Civil Service
         6l6n24-6716
         FAxn24--6790                                           West Mldilgan's Sborellne Oty
        Clerk
        616n2u1os
        FAXn24-.4178

        Comm. & Neigh.
           Services                                 MUSKEGON HOUSING BOARD OF APPEALS
        6t6n24-6717
        FAxn26-2501
                              DATE:           November 10, 1999
        Engineering
        616n2u101
"   .   FAxn27-6904           CASE:           #99-34 - 1309 Sixth
        Finance
        616n24-671J           Sterling Bank and Trust
        FAxnl4-6768                                th
                              One Towne Square 17 FL
        Fire Dq,t.
        6l6nl4-6792
                              Southfield, MI 48076
        FAxm4-698S

        Income Tax
                              FINDING OF FACTS AND ORDER
        616n24-6110
        FAxnl+-6768
                              The following action was taken at a session of the Muskegon Housing Board of Appeals
        Info. Systems         held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4th of November
        6l6nl4-6975
        FAXnl4-6768           1999.
        Lei.sure Service
        616n24-6704           The Inspection Services Department of the City of Muskegon, having inspected the building
        FAKn24-6790
                              structure located upon the property described as ~outheasterly 33 feet of the Northwesterly
        !\tanager's Office    53 feet ofth_e Northeasterly 100 feet of Lot 7 Blk 376 also known as 1309 Sixth found the
        6t6nl4-6724
        FAxnll-1214
                              conditions listed on the attached pages exist and that these conditions are hazardous as
                              defined in Section 4-23 of the Code of Ordinances.
        Mayor's Office
        616nl4-6701
        FAX/722-1214          The Board further found that these conditions exist to the extent of endangering life, safety
        Neigh. & Const.       and the general welfare of the public.
           Services
        6I6nl4-6715
        FAXn26-250t           Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
        Pia nning/Zoning
                              declared to be unsafe, substandard and a public nuisance.
        6t6n2-1-6102
        FAxn24-6790
                              It is, therefore, ordered that the owners or other interested parties take such action to repair
        Police Dept           or remove said structure, or appeal this order within 20 days of the receipt of this order.
        6t6n24-6750
        FAxnll-S140
                              It is further ordered that if the owners or other interested parties fail to repair or remove said
        Public Works
        616n24-4100           structure, or appeal this order within 20 days of the receipt of this order, the Building
        FAxn22-4188           Official shall take bids and remove said structure.
        Tre.asurer
        6t6n24-6720
        F Axnl4-6768

        Water Dept.
        6I6n24-6718
        FAxn24-6768

        Water Filtration
        61&nu-4106
        FAxnSS-.5290                   City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
 \ldrm,lme \.:t\on
2)! "'!4-6~0J
F\_'( "'.'!2-1214                                     MUSKEGON
-\ S\('srnr
ZJI 7~4--0708
F.\.X. 7:!6-5181

Cemeter)'
lJJ,"124-6783
F AX/716-S6 t 7

Ch·U Strvlce
2Jtn2+-6716
FAX17244405                                           West Michigan's Shoreline City
Clerk
23tnl4-670S
FA.xn24--4 t 78                                          CITY OF MUSKEGON
Comm. & Neigh.
  Sen-·lcu
231/724-6717
                                                 NOTICE OF HEARING ON
FAX/726--2501                               DANGEROUS AND UNSAFE CONDITIONS
Engineering
                                               HOUSING BOARD OF APPEALS
23In24-6707
FAX1727-6904

Finance
13tnl4-6713
FAX1724-6768          September 25, 2000
Fire Dept,
2J1n24-6192
F AX/724-6985
                      Sterling Bank & Trust
Income Tai:           One Town Square, 17th Floor
2J1n24-6770
F Axn24-6768          Southfield MI 48076
Info. Systems
Btn24-6744            Dear Property Owner:
FAX17224301

Leisure Service       SUBJECT:      Dangerous Building Case 99-34 - 1309 Sixth St., Muskegon MI
231/724--6704
FAX/724-1196
                      PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Manager's Office
2J1n24-6724
                      of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon
FAX1722-1214          City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Mayor's Office        determining whether the structure should be demolished or otherwise made safe.
23In24-670I
FAxnll-1214
                      Officials from the Inspection Services Department have inspected the structure and it is
Inspection Services   alleged that it has defects as listed on the attached page(s).
n1n24-611s
FAxn26-2501

Planning/Zoning
                      The defects are violations of Section 4-23 of the Muskegon City Code, which defines
231n24-6102           dangerous buildings.
F Axn24-6790

Police Dept,          At the hearing, the Inspection Services Department will present testimony regarding the
n1n24-67so
FAXnll-5140           alleged defects. You are advised that you or your representative may cross examine the
PubUc Works
                      City's witnesses and you may present testimony in your own behalf and call witnesses in
2J1n24-4too           your own behalf. We encourage you to attend the meeting since it is always better if
FAX17224188
                      someone is available to answer any questions the Board may have.
Treasurer
2J1n2u120
FAX/724-6768          Inspection Services
                      City of Muskegon
Water Bllllni Dept.
2J1nu-611a
FAX/724-6768

Water Filtration
n1n24--4t06
FAX/75~5290


                              City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
  \,n•,,,,~
 :Yi -;~-h-1lil
 f"\\ -!11-.5181


c,,111..i~r~
!Jl ':~.l--6"'8J
F.\.\ "'16-5617

Chil Sen·lce
231.'724-6716
F.-\XJ724-4405

Clerk
2311724-6705                               MUSKEGON HOUSING BOARD OF APPEALS
FAX/724---1178

Comm. & ~elgh.        October 10, 2000
   Services
231/724-6717
                      Case #99-34 - 1309 Sixth St., Muskegon MI
FAX/726-2501

Engineering           Sterling Bank & Trust
231/724-6707          One Towne Square, 17th Floor
FAX/727-6904
                      Southfield MI 48076
Finance
231/724-6713
FAX/724-6768          FINDING OF FACTS AND ORDER
Fire Dept.
231/724--6792         The following action was taken at a session of the Muskegon Housing Board of Appeals
FAX/724--6985
                      held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on October 5, 2000
Income Tu             The Inspections Services Department of the City of Muskegon, having inspected the
231/724-6770
F Axn2-t-6768         building structure located upon the property described as Southeasternly 33 ft. of the
Info. Systems
                      Northwesternly 53 Feet of the Northeasterly 100 feet of Lot 7 Blk 376, also known as,
2311124-6744          1309 Sixth St, found the conditions listed on the attached pages exist and that these
FAX/112-4301
                      conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
Leisure SerYlce
2311124-6704
FA.X/724--1196        The Board further found that these conditions exist to the extent of endangering life, safety
                      and the general welfare of the endangering life, safety and the general welfare of the public.
Manager's Office
2311124-6724
FAX/722.1214
                      Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Mayor's Office        declared to be unsafe, substandard and a public nuisance.
231/724--6701
FAX/722•1214
                      It is, further ordered that if the owners or other interested parties fail to repair of remove said
Inspecllon Services
231/724--6715         structure, or appeal this order within 20 days of the receipt of this order, the Building
FAxn26-250 I          Official shall take bids and remove said structure.
Planning/Zoning
231/724--6702
FAxn24--6790

Police Dept,
2311124-6750
FAX/722.S140

Public Works
231/724-4100
FAX1722-4188

Treasurer
2311124--6720
FAX/724--6768

Water Billing Dept,
2311124-6718
F. J\:."

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