City Commission Packet 03-14-2000

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               CITY OF MUSKEGON
               CITY COMMISSION MEETING
                            MARCH 14, 2000
         CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                    AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o PRESENTATIONS:
o CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
               b. Liquor License Request - Transfer Ownership at 2300 Henry Street.
                  CITY CLERK
               c. Consideration of Bids - Morton, Torrent to Bourdon. ENGINEERING
               d. Consideration of Bids - Elevated Water Tank (Harvey & Laketon).
                  ENGINEERING
               e. Consideration of Bids O 2000, 2001, & 2002 Material Testing.
                  ENGINEERING
               f.   Consideration of Proposal - 2000 Sidewalk Program. ENGINEERING
               g. Leave a Legacy Program. LEISURE SERVICES
               h. Softball World Lease Agreement. LEISURE SERVICES
               i.   Purchase Plice Vehicle In-Car Video Cameras with 1998 Block
                    Grant Money. POLICE
               j.   Sale of Vacant Land on Yuba Street in Jackson Hill. PLANNING &
                    ECONOMIC DEVLEOPMENT
o PUBLIC HEARINGS:
               a. Roberts Street. Lawrence to Wesley - Create a Special Assessment
                  District. ENGINEERING
               b. 2000 Sidewalk Program (E-4) - Create a Special Assessment
                  District. ENGINEERING
               c. 2000-2004 CDBG/HOME Consolidated Plan.         COMMUNITY AND
                            NEIGHBORHOOD SERVICES
                       d. Annual Renewal of Liquor License Establishments. CITY CLERK
•   COMMUNICATIONS:
                       a. Census 2000 Presentation
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. Alley Vacations in Alberts & Holthe Subdivision. Block 4. PLANNING
                          & ECONOMIC DEVELOPMENT
•   NEW BUSINESS:
                       a. Clean Michigan Grant Applications. LEISURE SERVICES
                       b. Parking Fine/Impound Fee Adjustments. FINANCE
                       c. Shoreline Drive Property Acquisition. CITY MANAGER
                       d. CDBG/HOME 2000-2001 Recommendations.                                       COMMUNITY AND
                          NEIGHBORHOOD SERVICES
                       e.   Display of past Mayor's Pictures.                  MAYOR
                      f.    Shoreline Dr.              East       Consulting           Agreement          Amendment.
                            ENGINEERING
•   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:     March 14, 2000
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, February 22, 2000.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                         MARCH 14, 2000


                                   MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 14, 2000.
   Mayor Nielsen operied the meeting with a prayer after which members of the City
Commission and the members of the public joined in reciting the Pledge of
Allegiance to the Flag.
                ROLL CALL FOR THE REGULAR COMMISSION MEETING
   Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioners John
            Aslakson, Jone Wortelboer Benedict, Clara Shepherd, and Lawrence
            Spataro
   Absent: Commissioner Robert Schweifler (excused)
   HONORS AND AWARDS:
   Finance Director, Tim Paul, was presented a Certificate of Achievement for
Excellence in Finance Reporting by Mayor Nielsen.
2000-30 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, February 22, 2000.
   FINANCIAL IMP ACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the minutes.
   b. Liquor License Request -Transfer ownership at 2300 Henry Street. CITY CLERK
   SUMMARY OF REQUEST:               The Liquor Control Commission seeks local
recommendation on a request from Daniels Concession, LLC to transfer ownership of
the existing 1995 Class C-SDM license from Amos Daniels to Jon Caughey. Previous
approval of the transfer of location and dance permit was given September 28, 1999,
with stipulations regarding zoning issues. These issues have now been resolved.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: All departments are recommending approval.
   c. Consideration of Bids - Morton. Torrent to Bourdon. ENGINEERING
   SUMMARY OF REQUEST: The contract to construct Morton between Torrent and
Bourdon be awarded to Jackson Merkey Contractors, Inc. since they were the lowest
responsible bidder with a price of $98,771.20.
   FINANCIAL IMPACT: The construction cost of $98,771.20 plus related engineering
expenses.
    BUDGET ACTION REQUIRED: None, the project was budgeted for at $140,000 out
of the Local Street Fund.
   STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors,
Inc.
   d. Consideration of Bids - Elevated Water Tank (Harvey & Laketon). ENGINEERING
   SUMMARY OF REQUEST: To contract to repaint the elevated tank on the northeast
corner of Laketon and Harvey be awarded to Thomas Industrial since they were the
lowest responsible bidder with a bid price of $103,076.00.
   FINANCIAL IMPACT: The construction cost of $103,076 plus related engineering
expenses.
   BUDGET ACTION REQUIRED: None, the project was budgeted at $130,000.
   STAFF RECOMMENDATION: Award the contract to Thomas Industrial Coatings.
   e. Consideration of Bids - 2000. 2001. & 2002 Material Testing. ENGINEERING
    SUMMARY OF REQUEST: To enter into a three-year material testing contract with
Soils and Structures. Soils and Structures were the lowest responsible bidder with an
estimated annual bid of $8,479.30. Under this three-year contract, Soils & Structures
will provide us with all soil borings, asphalt and concrete testing and pavement cores.
   FINANCIAL IMPACT: The annual testing cost of $8,479.40.
   BUDGET ACTION REQUIRED:          None, the cost will be charged to specific
construction projects.
   STAFF RECOMMENDATION: Award the contract to Soils and Structures.
   g. Leave a Legacy Program. LEISURE SERVICES
   SUMMARY OF REQUEST: To authorize staff to become a part of the Leave a
Legacy program, a public relations campaign to generate dollars for programs and
projects.
   FINANCIAL IMPACT: $100.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: Approve.
   h. Softball World Lease Agreement. LEISURE SERVICES
   SUMMARY OF REQUEST: To renew the agreement with Muskegon Township for the
use of Softball World and to use their concessionaire to maintain the fields.
  FINANCIAL IMPACT: $8,000 some of the electric costs to lease the field. $12,876 to
have the fields maintained for all play during 2000.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: Approve.
   i.   Purchase Police Vehicle In-Car Video Cameras with 1998 Block Grant Money.
        POLICE
    SUMMARY OF REQUEST: To purchase eleven in-car video cameras to upgrade to
the high quality Kustom Signal cameras in all marked and semi-marked patrol units.
This would allow us to install the new model cameras in all regularly assigned Patrol
Division, Community Policing Bureau, Traffic Bureau, and K-9 vehicles. We would
purchase the cameras on the State of Michigan/Kustom Signal contract
07188000611. These prices are good through May 1, 2000. Cost will likely increase
after that date. The cost per camera system is $4,890.50. Total cost for eleven
systems is $53,795.50.
   BUDGET ACTION REQUIRED: None.
   FINANCIAL IMPACT: Expend $53,795.50 of the money awarded under the 1998
Local Law Enforcement Block Grant, 98LBYX3225 and local ten percent match
money.
   STAFF RECOMMENDATION: Staff recommends this purchase.


   j.   Sale of Vacant Land on Yuba Street in Jackson Hill. PLANNING & ECONOMIC
        DEVELOPMENT
    SUMMARY OF REQUEST: To approve the sale of four non-buildable lots to
Reverend and Mrs. Dixon of 992 Spring Street. Total frontage for the combined lots is
140 feet. The couple intends to build a three-bedroom single family home with
approximately 2,976 square feet of living space. Also the home includes an
attached two-car garage, brick front and front porch. The bid price for the land was
$3,500 and the Dixons submitted the only bid of $4,999.99. Approval of this sale will
allow for a second home to be constructed pursuant to the Jackson Hill Marketing
Strategy.
   FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on
the new home and relieve the City of continued maintenance costs.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as
authorization for both the Mayor and the Clerk to sign the resolution and deed.
    COMMITTEE RECOMMENDATION: The LRC approved the sale of these combined
lots to one buyer at their December meeting.
  Motion by Commissioner Spataro, second by Vice Mayor Sieradzki to approve the
Consent Agenda with the exception of item f.
   ROLL VOTE:    Ayes: Benedict, Nielsen, Shepherd, Sieradzki, Spataro, Aslakson
                 Nays: None
ADOPTED
2000-31 ITEM REMOVED FROM THE CONSENT AGENDA:
   f. Consideration of Proposal - 2000 Sidewalk Program. ENGINEERING
   SUMMARY OF REQUEST: The 2000 Sidewalk project be awarded to E & K as an
amendment to the 1998/1999 contract. E & K has submitted the attached letter
proposing to perform the work with the same unit prices for the most part as well as
reduction on some of the major items. The cost for this amendment is estimated at
$514,283.75. Furthermore, it is requested that this amendment be contingent on the
creation of the special assessment district.
   FINANCIAL IMPACT: The construction cost of $514,283.75 plus an estimated
$77,000 of related engineering expenses.
   BUDGET ACTION REQUIRED: None.
   STAFF RECOMMENDATION:          Amend the 1998/1999 contract to include the 2000
project.
   Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the contract contingent on creation of the special assessment district.
   ROLL VOTE: Ayes: Nielsen, Shepherd, Spataro, Aslakson, Benedict
                Nays: Sieradzki
ADOPTED


2000-32 PUBLIC HEARINGS:
   a. Roberts Street, Lawrence to Wesley - Create a Special Assessment District.
      ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Roberts, Lawrence to Wesley, 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.
   FINANCIAL IMPACT: None at this time.
   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 resolution.
    The Public Hearing opened at 5:50 p.m. to hear and consider any comments from
the public. Greg Scott, 1604 Jefferson, representing Pioneer Resources spoke in favor
of the project.
   Motion by Commissioner Shepherd, second by Vice Mayor Sieradzki to close the
Public Hearing at 5:53 p.m. and create the special assessment and appoint
Commissioner Aslakson and Commissioner Spataro to the Board of Assessors.
   ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
                Nays: None
   b. 2000 Sidewalk· Program (E-4) -        Create a    Special   Assessment District.
      ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment district of the project and to create a special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project. The district will not include those obtaining a permit.
   FINANCIAL IMPACT: None at this time.
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: To approve the project for special assessment, create
a special assessment district for the project and assign two City Commissioners to the
Board of Assessors by adopting the resolution.
   The Public hearing opened at 6: 15 p.m. to hear and consider any comments from
the public. The following spoke in opposition of the special assessment: Larry
Passenier, 1856 Continental; Thomas Young, 1596 Madison; Lonnie Herrera, 1908
Austin; Michael J. Wood, 875 Mangin; Steve Borstler, 1255 Fleming; Cindy Gilleo, 871
Mangin; Rev. Piggue, 760 Holbrook; Victoria Tartt, 926 Fleming; Theresa Hicks, 1392 E.
Forest; Michael Jenkins, 1291 Fifth; Lora Coffell, 914 E Dale; Joan Faino, 859 Fleming;
Vickie Koday, 1193 E. Dale; Debbie Buys owner of 1572 Getty; Robert Lindstrom, 907
Mangin; Irving Smith, 1361 Eastgate; Steve Olejarczyk, 1131 Evanston; Jeff Brezinski,
1731 Madison; John Koday, 1193 E. Dale; and Dale Puehler, 957 Emerson.
  Motion by Commissioner Aslakson, second by Commissioner Spataro to close the
Public Hearing at 7:30 p.m.
   ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
               Nays: None
ADOPTED
   Motion by Commissioner Aslakson, second by Commissioner Spataro to create
the special assessment district for the 2000 Sidewalk Program and appoint
Commissioner Aslakson and Commissioner Spataro to the Board of Assessors.
   ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Shepherd
               Nays: None
ADDOPTED
   c. 2000-2004 CDBG/HOME           Consolidated     Plan.        COMMUNITY      AND
      NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: Review of the city's 2000-2004 Consolidated Plan.
  The Public Hearing opened at 8:05 p.m. to hear and consider any comments from
the public. Michael Jenkins, 1291 Fifth Street commented on the need for the City to
approve this item.
   Motion by Commissioner Shepherd, second by Commissioner Aslakson to close
the Public Hearing at 8:10 p.m. and delay approval of the Consolidated Plan.
   ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Shepherd, Sieradzki
ADOPTED
   d. Annual Renewal of Liquor License Establishments. CITY CLERK
   SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 5-270 and 5-271 of
the Code of Ordinances for the City of Muskegon. These establishments have been
found to be in non-compliance with the City Code of Ordinances and renewal of
their liquor licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 31, 2000, they will be removed
from this resolution and recommendation of their renewal will be forwarded to the
Liquor Control Commission.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Adoption of the resolution.
   The Public Hearing opened at 8:12 p.m. to hear and consider any comments from
the public. No comments were heard from the public.
   Motion by Commissioner Aslakson, second by Commissioner Benedict to close
the Public Hearing at 8: 13 p.m. and adopt the resolution.
   ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki, Spataro, Aslakson
               Nays: None
ADOPTED


   COMMUNICATIONS:
   a. Census 2000 Presentation.
  Presentation was made to the Commission by Debi Zant, local Census Office
Manager.
2000-33 UNFINISHED BUSINESS:
   a. Alley Vacations in Alberts & Holthe Subdivision. Block 4.        PLANNING &
      ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: Request for vacation of the south half only of the
north/south alley in Alberts & Holthe Subdivision, block 4, between Henry and Beidler
Streets. This request is in response to ongoing issues with DJ's Pub, and is in
conjunction with a use variance granted by the Zoning Board of Appeals at their
February 8, 2000 meeting. (Postponed from February 22, 2000 meeting.}
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Staff recommends denial of the request for alley
vacation. The Fire Marshal has stated that the alley must not be blocked off, due to
fire access issues.
   COMMITTEE RECOMMENDATION:             The Planning Commission recommended
vacation of the south half only of the proposed alley with the condition that all City
easement rights be retained.
   Motion by Commissioner Benedict, second by Commissioner Spataro to deny the
alley vacation.
   ROLL VOTE: Ayes: Nielsen, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
               Nays: None
ADOPTED
2000-34 NEW BUSINESS:
   a. Clean Michigan Grant Applications. LEISURE SERVICES
  SUMMARY OF REQUEST: To adopt a resolution approving submission of a grant
application for Beachwood Park Development under the Michigan Department of
Natural Resources Trust Fund and Clean Michigan Initiative.
   FINANCIAL IMPACT: Beachwood Park $400,000 grant - $105,000 local match.
   BUDGET ACTION REQUIRED: If awarded, money will need to be budgeted for in
2001.
  STAFF RECOMMENDATION: Approve.
  COMMITTEE RECOMMENDATION: Leisure Services Board Recommends approval.
   Motion by Commissioner Benedict, second by Commissioner Aslakson to
authorize staff to submit the grant application.
  ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
               Nays: None
ADOPTED
  b. Parking Fine/Impound Fee Adjustments. FINANCE
   SUMMARY OF REQUEST: The Finance Division and Police Department have
reviewed current parking fine and vehicle impoundment fee structures and
recommend the following:
               l. Parking Fines - Maintain parking fines at current levels but add a
                  fourth incremental step for fines that remain unpaid after 30 days.
                  Currently parking fines do not increase further after remaining
                  unpaid for 14 days.
               2. Boot Removal Fee - Implement a $65 fee for removal of the
                  "Denver Boot" (or alternate} vehicle immobilization device.
              3. lmpoundment Fees - Implement standard $50 fee for all vehicle
                 impounds requiring police department involvement.
   FINANCIAL IMPACT: Additional revenues will be generated and parking ticket
collection rate should improve by adding fourth step to parking fine structure.
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: Approval of proposed recommendations, related
ordinance amendments and fine/fee adjustments.
   Motion by Commissioner Benedict, second by Commissioner Aslakson to approve
the parking fine/impound fee adjustments.
   ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Shepherd
              Nays: Sieradzki
ADOPTED (Requires Second Reading)
  c. Shoreline Drive Property Acquisition. CITY MANAGER
   SUMMARY OF REQUEST: To adopt a resolution and Declaration of Taking for
property owned by Muskegon Mall owner for the purpose of constructing Shoreline
Drive.
   FINANCIAL IMPACT: The City has offered $59,000 for this property based on an
appraisal. The purchase price will likely be determined by Circuit Court.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the Resolution and Declaration of Taking.
   Motion by Commissioner Shepherd, second by Vice Mayor Sieradzki to approve
the resolution and declaration of taking.
  ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Shepherd, Sieradzki
              Nays: None
ADOPTED
  d. CDBG/HOME   2000-2001          Recommendations.         COMMUNITY         AND
     NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: Review of proposals received this year from in-house
departments and outside public services.
   Motion by Commissioner Shepherd, second by Commissioner Aslakson to accept
recommendations for 2000-2001 CDBG/HOME funding.
  ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Shepherd, Sieradzki, Spataro
              Nays: None
ADOPTED
  e. Display of past Mayor's pictures. MAYOR
   SUMMARY OF REQUEST:     Direction from City Commission regarding changes to
current display.
   ITEM REMOVED BY THE CHAIR.
   f. Shoreline Dr. East Consulting Agreement Amendment. ENGINEERING
    SUMMARY OF REQUEST:          To approve an amendment to the engineering
agreement with Earth-Tech for Shoreline Drive East to include the additional cost of
redesign a steel bridge over south bound Shoreline Drive. The original design called
for pre-stressed concrete, however, due to the discovery of compressible soils in the
vicinity of, a mutual decision between MOOT and the City that a change in structures
was indeed necessary.
   FINANCIAL IMPACT: The amendment will add $100,000 to Earth-Tech's not to
exceed cost, increasing the total allowed cost to $510,280.50.
   BUDGET ACTION REQUIRED:       None. The additional cost, or most of it, will be
funded by the State.
   STAFF RECOMMENDATION: To amend the agreement.
   Motion by Commissioner Shepherd, second by Commissioner Benedict to amend
the agreement.
   ROLL VOTE: Ayes: Nielsen, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
               Nays: None
ADOPTED
ADJOURNMENT: The Regular Commission Meeting was adjourned at 9:00 p.m.
                                           Respectfully Subi 1itted

                                           ~O.
                                          Gail A. Kundinger, CMC/
                                           City Clerk
Date:      March 14, 2000
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           2300 Henry Street, Muskegon, Ml




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Daniels Concessions, L.L.C. to
transfer ownership of the existing 1995 Class C-SDM license from Amos
Daniels to Jon Caughey. Previous approval of the transfer of location
and dance permit was given September 28, 1999, with stipulations.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:           All Departments are recommending
approval.
 Affirmative t\ct'1011
 724-6703




 Assessor
 724-6708




 Cemetery
724·G78~


                                                          West Michigan's Shoreline (,'ity
Civil Service
724·G71G




Clerk
                     February 3, 2000
724-6705




1':ngincc1•ing
724-6707             To:

                     From:
 1•1nancc
724 6713


                     Re:              Transfer of ownership for liquor license at 2300 Hemy Street
Fire IJcpl.
72'1-6792


                     The Muskegon Police Department has received a request from the Michigan Liquor
C. N. Services       Control Commission for an investigation concerning the request to transfer ownership of
724-6717
                     the existing 1995 Class C-SDM license. The license is currently in escrow.

l11spectio11s
                     Daniels Concessions, L.L.C. is requesting to transfer the license from OJP#2, INC.; its
724·ll715            current location of 431 E. Laketon Avenue to 2300 Henry.

Lcis11rcSc1·vlcc
                     Our department has talked with Jon Caughey, W/M 6-28-46. Jon is the sole proprietor
724-6704             for Daniels Concessions, LLC. He has requested for transfer of ownership of license and
                     is also requesting a new Dance Permit to have live/DJ music in the establishment at 2300
                     Henry.
~lana~cl's Office
72•1672•1
                     We have searched our records and conducted a Criminal History Check and find no
                     reason to deny this transfer.
Mayor's Orficc
724 6701


                     EEG/cmw
Plannin~/Zoning
72Hi702




Police Dept.
72•1·6750




P11hlic Wor ks
726-4786




'j)·casu1·cr
72,16720




Wa1c1· 1Jcp1.                CiLy or Muskegon, l'.O. 13ox s:rn, DBO ,Jcl'fcrson Street, Muskegon, Michigan 49443-0536
724-!>71!1
MEMO
To:    Chief Ed Griffin

CC:    Det. Sgt. Dean Roesler

From: Det. Kurt Dykman

Date: 1-26-00

Re:    Transfer of ownership for liquor license at 2300 Henry St, Muskegon, MI



Chief Griffin,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Daniels Concessions, L.L.C.

Daniels Concessions, L.L.C. is requesting to transfer ownership of the existing 1995
Class C-SDM license (in escrow) from OJP#2, INC.; transfer location from 431 E.
Laketon Av, Muskegon, MI.

I have talked with Jon Caughey W/M 6-28-46. Jon is the sole proprietor for Daniels
Concessions, LLC. He has requested for transfer of ownership of license and request a
new Dance Permit to have live/DJ music in the establishment, 2300 Hemy.

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

Respectfully submitted,




Det. Kurt Dykman



data/common/caughey
                                                                                                               Pl NUMBER:980002615
                                                                                                               REQ ID #13852
                                                            7150 Harris Drive
                                                            P.O. Box 30005
                                                         Lansing, Ml 48909-7505


                              LOCAL LAW ENFORCEMENT AGENCY REPORT
                                            DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
                                                      (Authorized by MCL 436.1916)


DANIELS CONCESSIONS, L.L.C.
APPLICANT /LICENSEE                                                                                                             PHONE NUMBER




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 l;:IZL. NO • NI A •

2.          Describe the type of entertainment applicant/licensee will provide: NIA •                /J1V~IL ,      Lt've IJ c.n d, Dc• .,,,~e




3.          Will this entertainment include topless activity? YES               D         NO       )%'.'...    NIA       •


                        DANCE PERMIT                            YES        'l2l.    NO         •              NIA    •
                        ENTERTAINMENT PERMIT                    YES       J;i3"     NO         •              NIA    •
                        TOPLESS ACTIVITY PERMIT                 YES        •        NO         :PL            NIA    •




  /. zt, ··/XJ
            DATE SUBMITTED                                          OFFICER'S SI6NAruJm




                                                                                DEPARTMENT NAME                                PHONE NUMBER




                                                                                ADDRESS



LC-693N REV 5/98
4880-0652
   Ref #980002615/Req ID #13852                                                                            · ''r,higan Department of Consumer & Industry Services
                                                                                                                    LIQUOR CONTROL COMMISSION
    POLICE INSPECTION REPO .. ,· ON LIQUOR LICENSE REQUES1                                                                   7 5
                                                                                                                              ~ g~~:1g0n;t
                            I/          (Authorized by MCL 436.7a)                                                      Lansing, Michigan 48909-7505
                      .1
                 '--- -~H ·             I -- / o - o         o
  I l'P9              Please conduct your investigation as soon as possible and complete all four sections of this report.
   ,/                 Return the completed report and fingerprint cards to the Commission.

    BUSINESS NAME AND ADDRESS: (include zip code)
    DANIELS CONCESSIONS, L.L.C., 2300 Henry, Muskegon, MI 49441, Muskegon County
    REQUESTFOR: Transfer ownership of 1995 Class C-SDM licensed business (in escrow) from
    OJP#2, INC.; transfer location from 431 E. Laketon, Muskegon, MI 49442, Muskegon County;
    and request a new Dance Permit.
  I Section 1. NO FINGERPRINTS REQUIRED APPLI.CANT INFORMATION                                                                                                  I
   APPLICANT #1:                                                                APPLICANT #2:
   Jon C. Caughey - Member
   HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                     HOME ADDRESS AND AREA CODE/PHONE NUMBER:
   720 Glen Wood
   Muskegon, MI 49445
   H(?,1    )7/,/,    -11,;0/R{?"\l )7ss.      30G6
   DATE OF BIRTH:        (p. 2/r· ,Y6                                           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?
           D  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:      / ~2   '/- /) o                                      Date fingerprinted:
                            Attach the fingerprint card and $15.00 for each card and mail to the Liquor Control Commission.                                    l
  ARREST RECORD:            0
                            Felony    O Misdemeanor                             ARREST RECORD:         0 Felony     O Misdemeanor
  Enter record of all arrests & convictions (attach a signed and                Enter record of all arrests & convictions (attach a signed and
  dated report if more space is needed)                                         dated report if more space is needed)




  I Section 2.                                   Investigation of Business and Address to be Licensed                                                              I
   Can living quarters be reached from the inside of the establishment without going outside?                D    Yes       Uit_No

   Does applicant intend to have dancing or entertainment?
   D  No       ~ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
   Are gas pumps on the premises or directly adjacent?           '8--No        D   Yes, explain relationship:




 I Section 3.                          Local and State Codes arid Ordinances, and General Recommendations
   Will the applicant's proposed location meet_a]Vcippropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
   ordinances, if this license is granted?   0 Yes D No
   If you are recommending approval subject to certain conditions, list the conditions: {Attach a signed and dated report 11 more space is needed)




  I Section 4.                                                        Recommendation
   From your investigation:
      1. Is this applicant qualified to conduct this business if licensed?                     No  •
      2. Is the. proposed location satisfactory for this business?                             No  •
      3. Should this request be granted by the Commission?                                     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)

                                                                                              '
                                                                                                                                         Dale

LC· 1800 Rev. 06/97                       (Mail white copy to the Commission, Keep yellow copy for your file)
              LIQUOR LICENSE REVIEW FORM

 Business Name:                          Daniels Concessions, L. L. C.

AKA Business Name (if applicable): _ _ __ __ _ _ __ __ _

Operator/Manager's Name:                                                                    Daniels as

Business Address:                                           I.'· ,,,   r: -, A/.:, //

                                         M11skegon, MJ
                . . Please note that this request f or Amos Daniels has been to the
Reason for    Review: Commission on 9-28-99 but has not been sent to the Stat e f:)er
                       their request due to violations . .
New License    D         Transfer of Ownership    lxx I     Dance _Permit                   !xx I
Drop/Add Name on License         D                                 D
                                                    Transfer Location

Drop/Add Stockholder Name        D        New Entertainment Permit D

Other _ _ _ _ _ _ _ __ __ _ _= - - - - - - - - - - - - ' - - - -

                                                         February 1, 00

Police Department Approve                        No Action Needed                       •
Income Tax           Approved D      Owing  D    Amount: _ _ __

Treasurer .         Approved D       Owing D     Amount:

Zoning              Approved- D      Denied D    Pending ZBA                     D
NCS                Compliance D      Remaining Defects ·- - - ~ - -



Fire Department     Compliance   D   Remaining Defects _·_ _ _ __




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

Business Name:                             Daniels Concessions, L. L. C.

AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __

Operator/Manager's Name:                   Jon C. Cau hey (replaces Amos Dani els as
                                           applicant's sole mem e
Business Address:                          2300 Henry .
                                           M11sk egoo, MI
                  . • Please note that this request for Amos Daniels has been to the
Reason for Review: Commission on 9-28-99 but has not been sent to the State 13er
                         their request due to violations . .
New License   D           Transfer of Ownership      lxx I     Dance .Permit       !xx I
Drop/Add Name on License          D                                 D
                                                      Transfer Location

Drop/Add Stockholder Name         D        New Entertainment Permit D

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

                                                            Febru ary 1 00

Police Department Approved                          No Action Needed            D
Income Tax           Approved         D Amount: _ _ _ __
                                      Owing

Treasurer.          Approved D Owing D Amount:

Zoning              Approved D Denied D Pending ZBA D

NCS                Compliance D Remaining Defects ._ _ _ _ __



Fire Department     Compliance   D    Remaining Defects _·_ _ _ __




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

    Business Name:                           Daniels Concessions, L. L. C.

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

    Operator/Manager's Name:

    Business Address:

                     . , Please note that this request for Amos Daniels has been to the
    Reason for Review: Commission on 9-28-99 but has not been sent to the State ~er
                            their request due to violations.
    New License   D          Transfer of Ownership    lxx I    Dance Permit         lxx I
    Drop/Add Name on License         D                                D
                                                       Transfer Location

    Drop/Add Stockholder Name        D       New Entertainment Permit D

    Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ - -

                                                          February 1, 00

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

    Treasurer~         Approved ,Erl Owing D Amount:
      /J.M        117160
    Zoning             Approved D Denied D Pending ZBA D

    NCS              Compliance D Remaining Defects _ _ _ _ __



    Fire Department     Compliance   D   Remaining Defects ._ _ _ _ __




                                              Gail A. Kundinger, City Clerk
                                                              Liquor License Coordinator
Kundinger, Gail

From:                        Cameron, Mike
Sent:                        Wednesday, February 23, 2000 11:17 AM
To:                          Kundinger, Gail; Moore, Brenda
Subject:                     Daniel's Property on Henry


I was by the property today and it is looking very nice in the back where the problems were localed. I feel it is ok to allow
the transfer to proceed, Zoning issues are resolved.

Thanks for your help Gail.




                                                               1
.. .:.~.~   ..
            ·                 LIQUOR LICENSE REVIEW FORM

                  Business Name:                              Daniels Concessions , L. L. C.

                 AKA Business Name (if applicable): _ _ _ _ __ _ __ _ _ __

                 Operator/Manager's Name:                     Jon C. Caughey (replaces Amos Daniels as
                                                              applicant's sole membe~
                 Business Address:                            2300 Henry
                                                              M11skegon , MT
                                   . • Please not e that this request for Amos Daniels has been t o the
                 Reason for Review: Commission on 9-28-99 but has not been sent to the State 13er
                                           their request due to violations.
                 New License   D           Transfer of Ownership        lxx I     Dance Permit         jxx I
                 Drop/Add Name on License           D                                  D
                                                                         Transfer Location

                 Drop/Add Stockholder Name          D         New Entertainment Permit D

                 Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _..;.__ _

                                                                               February 1, 00

                 Police Department Approved         D Denied D         No Action Needed           0
                 Income Tax             Approved    D Owing D          Amount: _ _ __

                 Treasurer.             Approved    D   Owing      D   Amount:

                 Zoning                 Approved    ~ Denied 1M Pe!lding ZBA D                          . .·   . :_
                                   ·                         ~~J 1J L V"6a
                                               .;J- :i.3 -oo flA                                      ? ;,_,, ~ - 0   ,5

                 NCS               _Compliance      D   Remaining D~ ~ .



                 Fire Department       Compliance   O   Remaining Defects _·_ _ _ _ __




                                                               Gail A. Kundinger, City Clerk
                                                                                Liquor License Coordinator
.. _:.~..~{•                    LIQUOR LICENSE REVIEW FORM

                   Business Name:                           Dan i els Concessions, L. L. C.

                   AKA Business Name (if applicable): _ __ _ __ _ __ _ __ _

                  Operator/Manager's Name:                  Jon C. Cau hey rep l aces Amos Daniels as
                                                            applicant's sole membe
                  Business Address:                         2300 Henry
                                                            ML1skegon, MT
                                  . . Please note that this request for Amos Daniels has been to the
                  Reason for    Review: Commission on 9-28-99 but has not been sent to the St ate 13er
                                         their request due to violations . .
                  New License    D         Transfer of Ownership        lxx I       Dance Permit           !xx I
                  Drop/Add Name on License        D                                   D
                                                                          Transfer Location

                  Drop/Add Stockholder Name       D          New Entertainment Permit D

                  Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _;____ _

                                                                             February 1 00

                  Police Department Approved      D Denied D           No Action Needed             0
                  Income Tax           Approved   D Owing D            Amount: _ _ __

                  Treasurer .                D
                                      Approved        Owing  D         Amount:

                  Zoning           Approved D         Denied O         Pending ZBA            0
               ?[_ NCS            Compliance D        Remaining Defects ~ \ \                   l,.~c.,\:~c..      i-
                   ,~~S;e.C     ~ ~~e~~l~                  \\£)·,~                  <12~   .\ $ &u.<:;),   ~~ ~cl__
                   f'r\...~ G Q..Q...u..'. . .                              n.:,~a\\JcD~
                                                       ul \~ 't.<- \·,s: c:~s.e..     \;;)Nl
                   ire Department Compliance      D   Remaining Defects .
                                                                        ------



                         xLU· / - /8- oo                     Gail A. Kundinger, City Clerk
                                                                                Liquor License Coordinator
                                      STATE OF MICHIGAN
                          DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                 LIQUOR CONTROL COMMISSION
                                                   7150 Harris Drive
                                                    P.O. Box30005
                                                Lansing, MI 48909~7505


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




                                                                                       Ref #980002615
                                                                                       Req ID#13852
Date: January 4, 2000                                                                  Amemded (see below note)

To: Muskegon City Commission
    Attention Clerk - Gail Kundinger
    933 Terrace Street, PO Box 536
    Muskegon, MI 499443-0536

Note: Amended to delete Amos Daniels as applicant's sole member and replace him with Jon C. Caughey
as new sole member.

Applicant: DANIELS CONCESSIONS, L.L.C.

Home Address and Phone No:
Jon C. Caughey, 720 Glen Wood, Muskegon, Ml 49445 H(231)744-1149/B(231)755-3096

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-1305REV6/98
4880-1234
Date:       September 28, 1999
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Liquor License Transfer Request
            2300 Henry, Muskegon, Ml




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request to transfer ownership of the existing
1995 Class-C SOM (now in escrow) from 431 E. Laketon to 2300 Henry
Street and to obtain a new dance permit. Mr. Daniels intends on selling
the business and license.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: All departments recommended approval
with the exception of Planning. There is an outstanding zoning issue.

COMMITTEE RECOMMENDATION: The Committee of the Whole will
meet September 27, 1999, and discuss this request.
Assessor
616/724-6708



Cemetery
616/724-6783

                   October 12, 1998                  West Michigan's Shoreline City
Civil Service
6161724•6716



Clerk
616/724-6705
                   TO:

                   From:
C. N. Services
6161724-6717


                   Re:            Daniels Concessions, transfer of ownership of 1997 Class-C SDM
Engineering
616/724·6707

                   The Liquor Control Commission seeks local recommendation on a request to transfer
Finance            ownership of the existing 1995 Class-C SDM (now in escrow) from 431 E. Laketon to
616/724-6713
                   2300 Henry Street and to obtain a new dance permit. Amos Daniels is the owner of
                   Daniels Concessions located at 2300 Henry Street. Our department has spoken with Mr.
Fire Dept.
6161724-6792
                   Daniels in regards to this request and has obtained the following information.

Income Tax
                   Amos Lea Daniels has been the proprietor of Daniels Concessions for the past twenty-
616/724-6770       three years. The business located at 2300 Henry Street is a bingo hall with concessions.
                   He intends to have a rental business for receptions/parties as well. The bingo hall used
Inspections        to be located in the former Outlets, Etc. Mall.
616/724-6715

                   Our files have been searched and we have located some reports where Mr. Daniels has
Leisure Service
616/724-6704
                   been the complainant in a larceny and an unauthorized dumping. He is listed as the
                   owner on a couple of reports of alarm activations. A Michigan CCH shows no
                   convictions.
Manager's Office
6161724-6724
                   I recommend that this request for transfer of ownership be approved.
Mayor's Office
616/724-6701



Planning/Zoning    EEG/cmw
6161724-6702



Police Dept.
616/724-6750



Public Works
616/72(H786



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                                                                                    83 .LJt,I·.~--        ~- -$!!),~~-- ·- - . $830.00_"· --· ··-· $12.00I                                        . $9"9iQO'.               ~-!0,0.Q.[_             . $~~0. 0.0.::.-:     ··········s~·o:ooL____             _S83o,oo:_
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   1B     'REMOVING CONC. CURB & GUTTER                                              .a\1N .. FT,.        '          $10.00:                     $ao.oo I                 s12.oo'                    ses.ooi                s1.~_ooi.             . $120.00                       s10.oo:                      sso.oo'                s1.1g,            . . .sa.aol           S9.5o:               $7s.ooi
   19     'REMOVING CONC. DRIVE APP.                                               .~~-~;;-~~. I                     m.oo       S               $300.00 i                 $15.0o'                   $375.00I                ~-.1.~:; .~:.-      ... $350.00.                      S.!.IJ,,()1).::._ ...... ~.$?~.o.:Qfl.....        ;19_,p
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                                                                                                                                                      :-,
                                                                                                                                                      C

                                                                                                                                                      "
Date:         March 14, 2000
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              2000, 2001 & 2002 Material Testing


SUMMARY OF REQUEST:

To enter into a three years material testing contract with Soils and Structures. Soils and
Structures were the lowest responsible bidder with an estimated (will depend on the
number of samples) annual bid of $8,479.40. Under this three years (2000, 2001 & 2002)
contract, Soils & Structures will provide us with all Soil borings, asphalt and concrete
testing and pavement cores.

FINANCIAL IMPACT:

The annual testing cost of $8,479.40



BUDGET ACTION REQUIRED:
None, the cost will be charged to specific construction projects.


STAFF RECOMMENDATION:

Award the contract to Soils and Structures.



COMMITTEE RECOMMENDATION:
                                                                    CITY OF MUSKEGON
                                                          2000 CONSTRUCTION MATERIALS TESTING
                                                              BID OPPENING: FEBRUARY 29, 2000

                                            SOILS & STRUCTURES          MIDWEST ENGINEERING               DRIESENGA                           MTC
ITEM                       UNITS          $/TEST       $ EXTENDED       $/TEST    $ EXTENDED         $/TEST     $ EXTENDED        $/TEST        S EXTENDED

CONCRETE CYL. TEST.                80          9.85            788.00       15.00        1,200.00        11.50          920.00        18.00          1,440.00
ASPHALT TEST                       30         98.00          2,940.00      140.00        4,200.00       120.00        3,600.00       150.00          4,500.00
SOILBOING                                                         -                            -                            -                             -
     MOB                             6        85.00            510.00      800.00        4,800.00       500.00        3,000.00       250.00          1,500.00
     100 ' @ASTM 1452              100         6.25            625.00       17.00        1,700.00         8.00          800.00        18.00          1,800.00
     100' @ASTM 1586               100         9.25            925.00       17.00        1,700.00        10.00        1,000.00        24.00          2,400.00
     4" PAVE. CORE                   1        50.00             50.00      150.00          150.00        30.00           30.00        60.00             60.00
PLANT INSPECTIONS                    6       185.00          1,110.00      230.00        1,380.00       250.00        1,500.00       250.00          1,500.00
ASTM 136                            20        75.00          1,500.00      105.00        2,100.00       100.00        2,000.00       140.00          2,800.00
MISCELLANEOUS                                                     -                            -                            -                             -
     I MILE                          1         0.40             0.40        0.40              0.40        0.35             0.35        0.40             0.40
     TECH/HOUR                       1        26.00            26.00       27.00             27.00       30.00            30.00       35.00            35.00
     DENSITY /HOUR                   1         5.00             5.00     NC             NC             NC            NC                5.00             5.00

                                          TOTAL ··.$ 8,479.40           TOTAL       $17,257.40       TOTAL       $ 12,880.35      TOTAL        $ 16,040.40



                                                  1998/1999
                                            SOILS & STRUCTURES
ITEM                    UNITS             $/TEST        $EXTENDED

CONCRETE CYL. TEST.                 80            8.25            660
ASPHALT TEST                        30           84.25         2527.5
SOILBOING
     MOB                             6              40            240
     100' @ASTM 1452               100            5.75            575
     100' @ASTM 1586               100             8.9            890
     4" PAVE. CORE                   1              35             35
PLANT INSPECTIONS                    6             169           1014
ASTM 136                            20           61.25           1225
MISCELLANEOUS
     /MILE                                        0.29           0.29
     TECH/HOUR                                    23.5           23.5
     DENSITY /HOUR                                   3              3


                                         TOTAL           $ 7,193.29
                        AGREEMENT FOR SERVICES OR CONSTRUCTION
                                 Small and Limited Projects

 THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
 Michigan, and Soils & Structures, Inc. ("Contractor"), of 6480 Grand Haven Rd , Muskegon Michigan,
 for a small or limited project, and is made in the following terms:

                                     Agreement and Performance

 Contractor agrees to perform and supply all the services and materials set forth in the Statement of
 Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished
 in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on
 or through December 2002.



 Contractor will perform as set forth above for the complete contract price of$ 8 479 40 per year.
 Fees are based on test performed according to the attached Bid Proposal.

                                       Conditions and Covenants

 Contractor will comply with all laws, rules and regulations of the City, and any other local government
 of the State of Michigan and the United States Government. Contractor will supply insurance as
 required by separate written document (attached), naming the City as an additional insured, if
 appropriate, and shall carry such additional insurance coverage's as are required by the City.
 Contractor shall hold the City harmless against any and all claims for damages or costs made against
 the City arising from Contractor's performance, including all costs of defense, attorneys' fees,
 expenses and the amount of any damage determined against the City.

 Contractor certifies that it is eligible for performance of government work and has not been cited or
 listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
 Michigan or the Federal Government.

                                     Termination and Cancellation

  This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
. be liable for normal contractual remedies available to the City. In the event liquidated damages for
  nonperformance age agreed to, the following amounts constitute liquidated damages:

 $ Not Applicable per day of nonperformance.

                                     Nondiscrimination Compliance

 Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
 City, State and Federal Governments including, but not limited to, the provisions of Executive Order
 11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
 for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.

The parties agree to performance of this contract by signing below.          The effective date of this
agreement is _ _ _ _ _ _ __

Witnesses:

                                                   ::~w-~                               LJ-s-oo
                                                       Mr. David W. Hohmeyer, P.E,         (date)



                                                   CITY OF MUSKEGON

                                                     By~       /4  rJ .YJ~/l)Gt.,..I
                                                       Mayor Fred Nielsen,                 (date)
                              Contract Between The City of Muskegon

                                                And

                                       Soils & Structures. Inc.



                                       STATEMENT OF WORK

Work shall be performed in accordance with attached proposal.
Contractor will provide insurance per attachment.




                                                      Initials:

                                                      Contractor: - - - - -

                                                      City: _ _ _ _ _ __
                                                            (staff member)




Contract for service and construction for small and limited projects. This form would generally be
used for projects under $8,000.00, informally bid or solicited, where no performance bond is being
required. Generally such projects will involve repair and maintenance, one-time services.
                        PROPOSAL
                    CITY OF MUSKEGON
              CONSTRUCTION MATERIALS TESTING
                        YEAR2000


I, _DA_V_I_D_W_._HO_H_MEY_ER__:_,_P
                                  __.E_._ _ of           SOILS & STRUCTURES INC.

County of       MUSKEGON             , State of __M--'-I--'-Ql---'I=--G.:.:AN
                                                                           _ _ _ _ , Zip 49441

do hereby submit the following quotes for the 2000 Construction Materials Testing
program to the City of Muskegon Engineering Department (ITEMS A THROUGH F),

A. CONCRETE CYLINDER TESTING
   1. Pick up samples at Muskegon City Hall, transport, cure, break, and furnish a
      complete test report including a pass or fail narrative conclusion. Two (2) testing
      are necessary.

                80 Units@$       9.85            each.


B. ASPHALT TESTS
   1. Pick up samples at Muskegon City Hall, transport and furnish a complete test
      report including a pass or fail narrative on asphalt content and retained extracted
      aggregate.

                30 Units@$       98.00            each.


C. SOIL BORING & PAVEMENT CORE
   1. Conduct a soil boring as directed and complete results report with boring logs.
      This work shall include providing, installing, and maintaining for the duration of
      the sampling a traffic control setup in accordance with MUTCD and also
      arrangement with MISS DIG at no additional cost to the City of Muskegon.

                6 projects mobilizations@$           85.00         each.

                100' boring depth@$ 6.25                      foot (according to ASTM D 1452).
                                        ------
                100' boring depth@.,.$_9_.2_5_ _ _ _ foot (according to ASTM D 1586).

                4" diameter pavement core@$               50.00     each.



s:IENGINEERINGIKIRSCH\2000\ADMININSTRATIONICONSTRUCTION TESTING DOCUMENTSIPROPOSAL
D. BITUMINOUS & AGGREGATE PLANT INSPECTOR
   1. Provide the City with a Level II plant inspector to analyze materials according to
      MDOT requirements and complete result report.

               6 Bituminous samples @ $       185 •00     each.

       Plants within a 30 miles radius of City Hall.
       The date for sample collection may/may not be conducted on the same date or at
       the same location.


E. MECHANICAL ANALYSIS
   1. Pick up samples and perform a complete Sieve analysis of fine and course
      aggregates in accordance with ASTM C 136 and provide the City with a narrative
      report indicating whether the sample meets or not the specifications.

               20 Samples@$       75.00           each.

        Samples within 30 miles radius of City Hall.


F. MISCELLANEOUS
      Cost per mile if out side the 30 mile radius @      $0 •40
                                                        --------
       Cost per hour for a technician to perform a density/field Marshall @     $26. 00
                                                                             --------
       Cost per hour for Density gauge @~$~5_._00_ _ _ __




                Submitted B y : ~ 1   J w,
                Dated:    2.- \(a- 00




s:IENGINEERINGIKIRSCH\2000\ADMININSTRATION\CONSTRUCTION TESTING DOCUMENTS\PROPOSAL         2
21.   INSURANCE AND INDEMNITY

           a.   Hold Harmless Agreements. To the fullest extent permitted by law, Contractor and
                Subcontractors agree to defend, pay in behalf of, indemnify, and hold harmless the
                CITY, their elected and appointed officials, employees, volunteers, and others
                working on behalf of the CITY against any and all claims, demands, suits, or loss,
                including all costs connected therewith, and for any damages which may be
                asserted, claimed or recovered against or from the CITY and their elected and
                appointed officials, employees, volunteers, or others working on behalf of the CITY
                by reason of personal injury, including bodily injury and death, property damage,
                including loss of use thereof, and/or the effects of or release of toxic and/or
                hazardous material which arises out of or is any way connected or associated with
                this contract. The obligation to defend and hold harmless extends to Contractor's
                employees, agents, subcontractors, assigns and successors.

           b.   Contractor Insurance Requirement.        Contractor and Subcontractors shall not
                commence work under this contract until obtaining the insurance required under
                this paragraph. All coverages shall be with insurance companies licensed and
                admitted to do business in the State of Michigan and Best Rated A VIII. All
                coverage shall be with insurance carriers acceptable to CITY.

           c.   Workers' Compensation Insurance.          The Contractor and Subcontractor shall
                procure and maintain during the life of this contract, Workers' Compensation
                Insurance, including Employers Liability Coverage, in accordance with all
                applicable Statutes of the State of Michigan.

           d.   Commercial General Liability Insurance.          The Contractor shall procure and
                maintain during the life of this contract, commercial general Liability Insurance on
                an "Occurrence Basis" with limits of liability not less than $1,000,000 per
                occurrence and/or aggregate combined single limit. Personal Injury, Bodily Injury
                and Property Damage coverages shall be included. Coverage shall also include
                the following extensions:     (A) Contractual Liability; (8) Products and Completed
                Operations;       (C) Independent Contractors Coverage; (D) Broad Form Liability
                Extensions or equivalent; (E) Deletion of all explosion, collapse and underground
                (SCU) exclusions, if applicable. The said insurance shall cover liability caused by
                the activities of any subcontractor.

           e.   Motor Vehicle Liability. The Contractor shall procure and maintain during the life
                of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
                Coverages, with limits of liability for third party claims of not less than $1,000,000
                per occurrence or combined single limit Bodily Injury and Property Damage.
                Coverage shall include all owned vehicles, all non-owned vehicles and all hired
                vehicles. The said insurance shall cover liability caused by the activities of any
                subcontractor.

           f.   Additional Insured.     Commercial General Liability and Motor Vehicle Liability
                Insurance, as described above, shall include an endorsement stating the following
                shall be "Additional Insureds" using the following language: "The CITY and all
                elected and appointed officials, all employees and volunteers, all boards,
                commissions and/or authorities and board members, including employees and
                volunteers thereof are hereby added as 'Additional Insureds"'.

           g.   Cancellation Notice.     Workers' Compensation Insurance, Commercial General
                Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall
                include an endorsement stating the following: "It is understood and agreed that
21.   INSURANCE AND INDEMNITY - continued

            b.    Contractor Insurance Requiremen\.        Contractor and Subcontractors shall not
                 commence work under this contract until obtaining the insurance required under
                 this paragraph. All coverages shall be with insurance companies licensed and
                 admitted to do business in the State of Michigan and Best Rated A VIII. All
                 coverage shall be with insurance carriers acceptable to CITY.

           c.    Workers' Compensation Insurance.          The Contractor and Subcontractor shall
                 procure and maintain during the life of this contract, Workers' Compensation
                 Insurance, including Employers Liability Coverage, in accordance with all
                 applicable Statutes of the State of Michigan.

           d.    Commercial General Liability Insurance. The Contractor shall procure and
                 maintain during the life of this contract, commercial general Liability Insurance on
                 an "Occurrence Basis" with limits of liability not less than $500,000 per occurrence
                 and/or aggregate combined single limit. Personal Injury, Bodily Injury and
                 Property Damage coverages shall be included. Coverage shall also include the
                 following extensions: (A) Contractual Liability: (8) Products and Completed
                 Operations; (C) Independent Contractors Coverage; (D) Broad Form Liability
                 Extensions or equivalent; (E) Deletion of ail exphsion, collapse and underground
                 (SCU) exclusions, if applicable. The said insu1·,mce shall cover liability caused by
                 the activities of any subcontractor.

           e.    Motor Vehicle Liability. The Contractor shall procure and maintain during the life
                 of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
                 Coverages, with limits of liability for U1ird party claims of not less than $500,000 per
                 occurrence or combined single limit Bodily Injury and Property Damage. Coverage
                 shall include all owned vehicles, all non-owned vehicles and all h:red vehicles.
                 The said insurance shall cover liability caused by the activities of any
                 subcontractor.

           f.    Additional Insured.     Commercial General Liability and Motor Vehicle Liability
                 Insurance, as described above, shall include an endorsement stating the following
                 shall be "Additional Insureds" using the following language: "The CITY, all elected
                 and appointed officials, all employees and volunteers, all boards, commissions
                 and/or authorities and board members, including employees and volunteers
                 thereof are hereby added as 'Additional Insureds"'.

           g.    Cancellation Notice.    Workers' Compensation Insurance, Commercial General
                 Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall
                 include an endorsement stating the following: "It is understood and agreed that
                 Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction
                 and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
                 DEPARTMENT".




                                               34a
.;!1.   INSURANCE AND INDEMNITY - continued

              h     Qwner's and Contractor's Protective Liability.     The Contractor shall procure and
                    maintain during the life of this contract Owner's and Contractor's Protective
                    Liability with limits of liability not less than $ 500,000 per occurrence and/or
                    aggregate, combined single limit. Personal injury, Bodily injury and Property
                    Damage coverages shall be included. The CITY shall be "Named insured" on this
                    coverage. Thirty (30) days noiice of cancellation to the City shall be required.
                    Said insurance shail cover liability caused by the activities of any subcontractor( s)
                    either by means of a rider attached to the Prime Contractor's Certificate of
                    Insurance indicating this coverage for subcontractors; or the subcontractor(s) shall
                    submit their own Certificate of Insurance.

              i.    Proof of Insurance Coyerage. The Contractor and Subcontractors shall provide
                    the CITY at the time the contracts are returned by him for execution, certificates
                    and policies endorsing the City as additional insured as listed below:

                           (1.)   TvlO (2) copies of Certificate          of   Insurance   for   Workers'
                                  C(,mp2;,sation insurance:

                           (2.)    Two (2) copies of Certificate of Insurance for Commercial General
                                   Liability I;1surance;

                           (3.)    Two (2) copies of Certificate of Insurance for Vehicle Liability
                                   Insurance-;·

                           (4.)    Original Policy, or original Binder pending iss•.iance of policy, for
                                   Owner's and Contractor's Protective Liability insu,:mce;

                           (5.)    If ao requested, Certified Copies of all policies mentioned above will
                                   be furnished.

              j.    If any of the above coverages expire during the term of this contract, the
                    Contractor and Subcontractors shall deliver renewal certificates and/er policies to
                    CITY at least ten (10) days prior to the expiration date.

22.     MATERIALS AND WORKMANSHIP

              a.    Unless otherwise specifically provided for in the Technical· or Special
                    Specifications, all workmanship, equipment, materials and articles incorporated in ·
                    the work shall be new and the best grade of the respective kinds for the purpose.
                    Where equipment, materials, articles or workmanship are referred to as "equal to"
                    any particular standard, the City will decide the question of equality.

              b.    The City of Muskegon may require the Contractor to dismiss from this Project such
                    employee(s) as the City may deem incompetent, careless, and/or insubordinate.



                                                  35
Date:     March 6, 2000
To:       H~norable ~~)>_2nd City Commissioners
From:     Ric Scott~
RE:       Leave a Legacy Program


SUMMARY OF REQUEST:
To authorize staff to become a part of the Leave a
Legacy program, a public relations campaign to generate
dollars for programs and projects.


FINANCIAL IMPACT:
$100


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
A ffirmat in• Ac tion
23 I/724-h7113
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F. \ X/724-4-1115                                                West MlcllJgan's Shomline City

Cieri,
231/724-/,705
I· ,\.\/7H-4 I 78
                                Date:           March 6, 2000

2J I /724-!, 7 17
                                To:             Honorable       M_;,'~   ~ City Commissioners
F \ :\/726-2511 I
                                From:           Ric Scott ftJUV
E 11gi11ccri11g
2J 1/72-1-(,7117                Re:             Leave a Legacy Program
F \X/727-<,9114
                                The Western Michigan Planned Giving Group is sponsoring
Fi11:111n•
23 I /724-/, 7 IJ               a major public relations campaign in June called Leave A
FAX/7 24-!, 76N                 Legacy. The intent is to increase charitable giving. I
Fin· lh- pt.                    am recommending that the Department of Leisure Services
2J 1/7 24-6 7'!2
F.\ X/724-6985
                                become a part of this campaign. Attached is some
                                information on the program.
I 11t ll l l l l' ra,
2J l/72-1-67711
F,\Xl7H-<,7(,8
                                My intent would be to work through the Parks Fund with
                                the Community Foundation for Muskegon County.
Info. Systt!'ms
23 1/72-1-<,?H                  I would ask for your authorization to proceed with
F.-\X/722- rnl I
                                becoming a partner in this program .
L t•i-.1 irL' Sl' n    il' l'
ZJ I /72-1-6711-1               Thank you for your consideration.
Fr\X/72 -1- 11%

;\ lana~cr ':-. Offin•
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1\ f ;1~11r'::i     Office
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Puhlic \\ ur l,s
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·1 n•:isun,•r
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 F. \X/724-6768

\\ a lt• r Billing Dept.
23 1/724-(,7 18
FAX/7H-676,~

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 23 I /724-4 1116
 Fr\\/7'5-5290

                                        C ity of Muskegon, 933 T errace Str eet, P.O. Box 536, Muskegon, Ml 49443-0536
                                     Leave A Legacy West Michigan
                               Nonprofit Participation Partnership Agreement

Are you looking for new ways to stabilize your organization's financial base and ensure its future? The Western
Michigan Planned Giving Group is leading the Leave A Legacy West Michigan Program. This program will give
member organizations an extraordinary opportunity to encourage donors, volunteers and friends to remember their
favorite charitable organizations (including yours) in their wills and estate plans. This multi-faceted program will
reach West Michiganders from all walks of life with one core message - creating a personal legacy.

We all know that marketing is a major challenge in any nonprofit organization's fund-raising efforts. We have
designed the program so that you can tailor the Leave A Legacy message, giving your friends and supporters the
information and encouragement they need to make an estate gift to your organization. So, how can your organization
be a part of this exciting initiative?

It's simple! Return the attached Partnership Agreement Form as soon as possible, and indicate the activities you agree
to undertake to promote Leave A Legacy West Michigan.

We estimate this program will reach nearly a million West Michiganders and-could result in nearly 500 estate gifts.
National statistics indicate that the average bequest is $65,000, so this program could potentially create $30 -- $35
million in new gifts. This is your chance to ensure that your donors, volunteers and friends are among those we reach
and those who take action and actually give!


                                           Partnership Agreement Form
                                          Must Be Returned by March 20, 2000

Yes! We want to be a Leave A Legacy Partner!
gJ    Enclosed is our check for $100.00, made payable to "West Michigan Planned Giving Group." As a
           partner you will receive a start-up kit which includes: 25 Brochures, Logo Slicks, Ad Slicks, and
           Sample Newsletter Article

 We plan to:
)!!I       Schedule a presentation on Leave A Legacy for our Board of Directors and get their formal endorsement of the program
           and participation.
rl'l       Publish a Leave A Legacy West Michigan news article or ad in our organizational newsletters.
0 .        Schedule a presentation by a professional advisor on general estate planning for 09r Board and volunteers.
~ ·.       Link the Leave A Legacy West Michigan web site to our organization's web site ..
S;:        Send a letter about Leave A Legacy West Michigan to our donors, volunteers and'.friends.
18         Show the five minute Leave A Legacy video to our donors, staff and Board of Directors
0          Support the Leave A Legacy initiative with our gift of$ _ _ __

(Please note: If you participate in at least three of the above, your organization will be listed on the Leave A Legacy West
Michigan Web site and presentation materials. Proof of nonprofit status will be required.) .·

We would like to order _ _ _ brochures at .10 each (minimum order of 100.)

Please make checks payable to West Michigan Planned Giving Group, LAL, 118 Commerce Avenue SW, Grand Rapids, MI
49503-4106. Phone: 616.742.2382

Name: - - - - - - - - - - - - - - - -                   Title:

0 rganization:

Address:
           -------------------------------------
Phone:                                                   Fax:

Email:                                                  Web: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date:     February 24, 2000
To:       Honorable M,~r an~ City Commissioners
From:     Ric Scott   //'i[,a!-
RE:       Softball World lease Agreement


SUMMARY OF REQUEST:
To renew the agreement with Muskegon Township for the
use of Softball World and to use their concessionaire to
maintain the fields


FINANCIAL IMPACT:
$8,000 some of the electric costs to lease the field
$12,876 to have the fields maintained for all play
during 2000


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
.-\ffi r111 a(i\ l' .-\c liun
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.-\ !'- ~l· ~sor
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Cl'l1l l'll'ry
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Ch·il Sl' rvil:.c
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Cieri,
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                                Date:          February 24, 2000
     S l•n ·ircs
13 l /72 H,7 l 7
                                To:            Honorable ~ ~             and City Commissioners
F \:\ /72C,-25ll I

b1 g i11ct·rin g
                                From:          Ric Scott       /P'~~
23 1/72 -1-67117                Re :           Softball World Lease Agreement
F. \ :\172 7-(,'/11-1
                                For the past nine years, the City of Muskegon has leased
Fi na n Cl'
23 I 172-1-(, 7 IJ              Softball World from Muskegon Township for our summer and
F..\ :\172-1-(,1<,X
                                fall softball leagues . The $8 ,000 annual fee plus a
Hn·lkpl.                        portion of the electric bill has not increased during
2J I172-1-6 7'/2
F.-\..\ /72-1-6985
                                that time.
Income T a,                     We have also contracted with the concessionaire through
2J I /72 -1-6 770
F.\ \/72-1-(,768
                                Muskegon Township for the maintenance of the fields.
                                His 2000 fee of $12,876 , is considerably less than
l11 fo. Sy11,ll'm,
23 1/72-1-67-1-1
                                putting city staff on the fields, because it is a seven-
F.-\:\/722--1311 I              day operation .
I cis un• Sen in•
2J l /7 2-1-6711-I
                                I am requesting that you authorize the Mayor and Clerk
Fc\\172-1- 1 I%                 to sign the attached agreement with Muskegon Township
.\ l:111agl' r \: Office
                                for the use of Softball World for the next three y ears
2J I172-1-6 72-1                for $8,000 annually plus energy costs and that we use
 F \:\1722- 12 1-1
                                the Softball World Concessionaire to maintain the
,\ la)n r''.) Offin•            fields.
!31 172.t-r,711 I
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                                Thank you for your consideration.

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FA:\/72-1-67')11

Polin• Dt•pl.
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P u h lir \\lurks
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ln•a!!-11 n ·1
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\\'all' !' Hi lli n ~ De p t.
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                                       C ity of Muskego n, 933 Terrace Street, P,O . Box 536, Muskegon, Ml 49443-0536
                                                 CHARTER


                                  TOWnSHIP Of musKEGOn
                                            1990 APPLE AVENUE
                                       MUSKEGON, MICHIGAN 49442·4247                     Phone: (231) 777.2555
                                                                                           Fax: (231 ) 777-4912




                                                           March 10, 2000



Mr. Ric Scott
Director
Department of Leisure Services
City of Muskegon
P.O. Box 536
Muskegon, Michigan49443-0536

SUBJECT:               Softball World Contract

Dear Ric:

           Enclosed, you will find a signed Lease for three more years on Softball World Parle The
Township approved this on March 6, 2000.
           Please return a signed copy for my records after your Co1m11ission approves. Thank you.


                                                           Sincerely,



                                                           ~o~
                                                           P. Don Aley
                                                           Supervisor




de.softball world lease. wpd
Enclosure
                                           2000-30:(h)
                                      LEASE AGREEMENT
        TIIlS AGREEMENT, effective April 1, 2000, by and between the City of Muskegon, a
Michigan municipal corporation, with offices at 933 Terrace St., Muskegon, Michigan 49443
(hereinafter referred to as "City"), and Muskegon Charter Township, a Michigan municipal
corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter
referred to as "Township").

                                          WI1NESSETH:

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

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

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

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

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

2.      Term. The term of this Agreement shall commence April 1, 2000, and continue in full
force and effect, subject to its terms and conditions, until November 1, 2002, unless terminated
earlier by agreement of both parties.

3.      Compensation.

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

               i.      Eight Thousand Dollars ($8,000), per year (total lease obligation Twenty-
four Thousand Dollars ($24,000)), payable in four equal monthly installments of Two Thousand
Dollars ($2,000), with the first installment due April 1, 2000, and a like amount each three
months thereafter, until paid in full. In addition, in the event the electricity bill during any one
year period exceeds the sum of Four Thousand Dollars ($4,000), per year, the City agrees to pay
the extra amount over and above said Four Thousand Dollars ($4,000), in addition to the sum set
forth above.

G:\COMMON\5\GTJIC-SOFTWD.K                      - 1-
                  (i)     City agrees to provide all maintenance and materials, such as diamond
dust, fertilizer, bases, etc.

                        (ii)   City agrees to organize and manage the summer and fall
recreational softball program to be operated at Softball World, including the assignment of
practice fields before the season begins.

                       (iii) The Township, with the consent of the City, shall have the right to
contract with another party for the maintenance of said softball fields, provided, however, that
the City shall be responsible for the entire cost thereof.

       4.      Insurance.

                A.     City agrees to register all of its softball teams with the Amateur Softball
Association and carry the maximum insurance permitted by said organization covering field
owners and to name Muskegon Township as co-insured. The above policies of insurance shall
be subject to the approval of the Township Attorney as to proper form and the amount of
coverage. Copies of such policies shall be delivered to the Township for its records during the
term of this agreement.

       5.      Obli~ations of Township.

               A.      To pay all utility bills to said premises, except as otherwise set forth
                       herein.

       B.      To pay all taxes on said premises, including real and personal taxes, provided that
               it is determined that such taxes have been legally assessed.

       C.      To carry, during the duration of this agreement, the following minimum insurance
               cov<:rages:

               (i)     General liability insurance (premises and operations coverage):

                       (a)     Bodily injury, comprehensive coverage limits of two million
                               dollars per occurrence.

                       (b)     Property damage limits of two million dollars per occurrence.

                       (c)     Liquor liability insurance acceptable to the State of Michigan.

               (ii)    Workers disability compensation coverage on all employees of the
                       Township in the required statutory amounts.

               (iii)   The above policies of insurance shall be subject to the approval of the
                       City Attorney as to proper form and amount of coverage. Copies of such



G:\COMMON\5\GTJIC-SOFTWD.K                     -2-
                          policies shall be delivered to the City for its records during the term of this
                          agreement.

                   (iv)   All of the above insurance, except the workers disability compensation
                          insurance, must name the City as an additional insured.

        6.         Use of Premises.

                A.      During the term of this agreement, the premises may be used by the City
on Monday through Sunday of the weeks from April 1 to November 1. The Township shall have
the right to use said premises for the exclusive use of the Township residents upon reasonable
notice to the City and at reasonable times. The concession operator shall have the right to use
said premises when the City is not using the same with reasonable notice.

                   B.   This agreement is conditioned upon the understanding that the operation of
the softball fields from Monday through Sunday of the weeks from April 1 to November 1 will
be under the overall supervision of the City, and no portion of the premises may be leased,
subleased, or assigned to any other person, firm, or corporation without the express prior written
consent of the Township.

       7.      Conditions of Maintenance of Fields. The City shall maintain the softball fields at
an acceptable level and to an acceptable degree. In no event shall the maintenance of said
premises fall below the following general standards:

                   A.     A manner equal to or greater than the level of maintenance at other public
softball fields.

                   B.     A manner consistent with good maintenance practice.

                C.    Such other conditions. as th_e parties may mutually agree upon during the
term of this agreement.

               D.      In the event the fields are not maintained in a satisfactory manner to the
Township, the Township shall have the right to maintain said fields in a proper manner, and
charge the costs of same to the City.                   ·

       8.      Structure of Premises. Except as otherwise provided herein, the Township shall
have the exclusive use of all buildings on the premises including but not limited to, the
concession stand, maintenance building, and small shed, provided the City shall have use of the
maintenance building for storage of equipment and materials.

        9.      Bindin~ Effect. This agreement shall be binding upon the parties hereto and their
respective heirs, administrators, personal representatives, successors and assigns.

       10.   Appljcable Law. This agreement shall be interpreted under the laws of the State
of Michigan.

G:\COMMON\5\GTJIC-SOFTWD.K                         -3-
.
'




             11.    Arbitration of Pi:uwtes. In case of any dispute between the parties hereto arising,
    which cannot be resolved on the tenns of this agreement, such dispute shall be settled by binding
    arbitration between the parties, with the arbitrator having been appointed in accordance with the
    following procedures:

                   A.      The parties shall meet and attempt to mutually agree upon an arbitrator.

                    B.      Should the parties fail to agree upon an arbitrator, the parties shall each
    submit two names upon a list of four persons which shall be presented to the then presiding
    circuit judge for the County of Muskegon, State of Michigan, who shall from that list appoint the
    arbitrator. The arbitrator's opinion shall be binding and said award may be entered and ordered
    in any court having requisite jurisdiction.               ·     ·

        - 12.      Renewal. If the City intends to enter into negotiations for the renewal of this
    Lease, City shall give the Township thirty (30) days ·written notice thereof.

             13.    Notices. Notices to either party to this agreement shall be sufficient if sent by
    certified mail, postage prepaid addressed as follows:

                   To the City:            Director of Leisure Services, City Hall, 933 Terrace Street,
                                           Muskegon,MI49443

                   To the Township:        Supervisor, Muskegon Charter Township, 1990 Apple
                                           Avenue, Muskegon, MI 49442.

    CITY OF MUSKEGON                                           TOWNSHIP OF MUSKEGON, MICIDGAN



                                                               ~:Do~2eN~
                                                                                    ~:


                                                ·.   .   ~

    Gail A. Kundinger, Clerk




    G:\COMMON\5\GTJ\C-SOFTWD.K                               -4-
                            AGENDA ITEM NO.

         CITY COMMISSION MEETING: March 14, 2000

TO:           Honorable Mayor and City Commissioners
FROM:         Edward E. Griffin, Chief of Police
DATE:         March 1, 2000
RE:           Purchase Police Vehicle In-Car Video Cameras with 1998
              Block Grant Money




SUMMARY OF REQUEST:

  Purchase eleven in-car video cameras to upgrade to the high quality Kustom Signal
  cameras in all marked and semi-marked patrol units. This would allow us to install the
  new model cameras in all regularly assigned Patrol Division, Community Policing
  Bureau, Traffic Bureau and K-9 vehicles. We would purchase the cameras on the
  State ofMichigan/Kustom Signal contract 071B8000611. These prices are good
  through May I, 2000. Cost will likely increase after that date,

  The cost per camera system is $4,890.50. Total cost for eleven systems is $53,795.50

BUDGET ACTION REQUIRED:

  None

FINANCIAL IMPACT:

  Expend $53,795.50 of the money awarded under the 1998 Local Law Enforcement
  Block Grant, 98LBVX3225 and local ten percent match money.

STAFF RECOMMENDATIONS:

  Staff recommends this purchase.
I
    \




                            COMMISSION MEETING DATE: MARCH 14, 2000



        DATE:                 February 22, 2000

        TO:                   Honorable Mayor and City Commissioners

        FROM:                 Planning & Economic Development Qj)C/

        RE:                   Sale of Vacant Land on Yuba Street in Jackson Hill

        SUMMARY OF REQUEST:

        To approve the sale of four non-buildable lots described as map numbers 21-31-20-130-004,
        005, 006, and 007 Goined for the creation of one buildable lot) to Reverend Daniel and Mrs.
        Shuryvonne Dixon of 992 Spring Street. Total frontage for the combined lots is 140 feet. The
        couple intends to build a three-bedroom single family home with approximately 2,076 square
        feet of living space. Additional amenities of the home include an attached two-car garage, brick
        front and front porch. The bid price for the land was $3,500 and the Dixons submitted the only
        bid of $4,999.99. Approval of this sale will allow for a second home to be constructed pursuant
        to the Jackson Hill Marketing Strategy.

        FINANCIAL IMPACT:

        The sale of the property will allow the City to collect taxes on the new home and relieve the City
        of continued maintenance costs.

        BUDGET ACTION REQUIRED:

        None.

        STAFF RECOMMENDATION:

        Staff recommends approval of the sale, as well as authorization for both the Mayor and the Clerk
        to sign the attached resolution and deed.

        COMMITTEE RECOMMENDATION:

        The LRC approved the sale of these combined lots to one buyer at their December meeting.
'.




                                       Resolution No. 2000-30(j)

                              MUSKEGON CITY COMMISSION



     RESOLUTION APPROVING THE SALE OF FOUR NON-BUILDABLE LOTS (COMBINED
     FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME) ON YUBA STREET IN
     JACKSON illLL FOR $4,999.99.

     WHEREAS, Rev. Dixon and his wife have submitted the only bid for $4,999.99 for the
     construction of a single family 3-bedroom ranch style house with two-car garage, brick front,
     front porch and basement;

     WHEREAS, the sale would enable· the City to place these properties back on the tax rolls, and
     would relieve the City of further maintenance costs;

     WHEREAS, sale of the land and subsequent construction of the home would be in accordance
     with existing City policies and those of IDJD, concerning the disposition of former Urban
     Renewal lands;

     NOW THERFORE BE IT RESOLVED, map #24-31-20-130-004, 005, 006, and 007, be sold to
     the above-mentioned buyer as recommended by staff and the LRC.



     Adopted this   14th   day of March, 2000.

     Ayes: Benedict , Niel sen, Shepherd, Sieradzk i, Spataro, Aslakson

     Nays: None

     Absent:   Schweifler (excused)




     CERTIFICATION

     I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
     by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
     meeting held on March 14, 2000.


                                                        By:   ~~o.L ~-
                                                                Gail A. Kundinger, Clerk   ~
                              REAL ESTATE PURCHASE AGREEMENT


        THIS AGREEMENT is made March 1 4               2000, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and DANIEL DIXON and wife, SHURYVONNE DIXON, of922 Spring Street,
Muskegon, Michigan 49442 ("Buyer").

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

                  Lots 9, 10 and 11, and that part of Lot 8 described as follows:
                  Commence at the Northeasterly corner of Lot 8, thence South
                  along the East line of Lot 8, 8.7 feet, thence West parallel to the
                  North line of said lot 70.62 feet to the Westerly line of said Lot 8,
                  thence Northerly along the Westerly line of said lot, 8.62 feet to the
                  Northerly line of said lot, thence Easterly along the Northerly line
                  of said lot 70.62 feet to the point of beginning. All being part of
                  Block 142 of the Revised Plat (of 1903) of the City of Muskegon,
                  as recorded in Liber 3 of Plats, Page 71, Muskegon County
                  Records.

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

        2.      Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99), payable in
cash or certified funds, to Seller at Closing.

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

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If


G:\COMMON\5\GTJ\C-RLEST\DIXON.PA                   - 1-
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Seller.

         5.    Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single family home, up to all codes, within eighteen (18) months of the closing of this
transaction. The home shall be substantially completed by that time and, in the event said
substantial completion has not occurred, in the sole judgement of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit to
Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the
closing. The covenants in this paragraph shall survive the closing and run with the land.

        6.     Incentive Credits. Seller agrees to pay to the Buyer funds in the following
amounts, pursuant to an incentive plan agreed to by the parties, upon completion of the house
and issuance of a certificate of completion or occupancy permit. The incentive payments shall be
paid upon written acceptance and approval by Seller that the following improvements have been
included and completed to the sole satisfaction of Seller:

                    6.1       Construction of a   ~cla, two car garage.        $1000.00

                    6.2       Construction of a brick front (At least
                              4 feet above grade the entire width of the
                              house - front (street) elevation).               $1000.00

                    6.3      Construction of a Bay Window on the front
                             (street) elevation of the house.                   $500.00

                    6.4       Construction of a front porch - front (street)
                              elevation of the house.                          $300,00

          Total                                                                $2800.00

The amount of the credits will be held by Seller in escrow, without interest, to be refunded to the
Buyers upon acceptance by the Seller. The said credits are agreed to be modifications of the
purchase price for the premises and are for good consideration. The said credits shall not be
available, and the Seller shall retain the said funds without further obligation, if the said incentive
improvements are not completed and accepted within the 18 month period set forth in this
agreement for completion to code of the house on the premises.



G:\COMMON\5\GTJ\C-RLEST\DIXON.PA                       -2-
        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.

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

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

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

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

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

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


G:\COMMON\5\GTJ\C..RLESnDIXON.PA                 -3-
         9.      Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.

       10.     Closing. The closing date of this sale shall be on or before June 1 4
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49441. If necessary, the parties shall execute an
IRS closing report at the Closing.

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

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

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

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

          15.       General Provisions.

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

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

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

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




G:\COMMON\5\GTJ\C·RLES1'DIXON.PA               -4-
                e.      Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

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

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

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

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

WITNESSES:
   /         I!      _,,J 41-c--
,;;l(,IJ .,!!'.Qt . To-CU../L




                                                    BUYER:

                                                    ila:n, ;j D,Jt,-,J
                                                    Daniel Dixon
                                                                I


                                                    Social Security No.   f'.,J.,,3 - ifb ~ ',/58 't
~~S::~===L~:;::::::{___""''::i-::-::-::-=---=---       I0
                                                   :P(v»1~/7P-rvnv;&inv
                                                    Shuryvonn0)ixon /J            , .. C,
                                                    Social Security No. vf- 2.9' I f.21 .

Drafted by:                                         Business Address:
PARMENTER O'TOOLE                                   175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson                               Muskegon, Michigan 49443-0786


G:\C0MM0N\5\GTJ\C·RLESMIX0N.PA                     -5-
                                                               QUIT-CLAIM DEED


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

QUIT CLAIMS to DANIEL DIXON and wife, SHURYVONNE DIXON, of922 Spring Street, Muskegon, MI 49442,

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

the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically
described as:

              Lots 9, 10 and 11, and that part of Lot 8 described as follows: Commence at the Northeasterly comer of Lot 8,
              thence South along the East line of Lot 8, 8.7 feet, thence West parallel to the North line of said lot 70.62 feet to the
              Westerly line of said Lot 8, thence Northerly along the Westerly line of said lot, 8.62 feet to the Northerly line of
              said lot, thence Easterly along the Northerly line of said lot 70.62 feet to the point of beginning. All being part of
              Block 142 of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71,
              Muskegon County Records.

for the sum of Four Thousand Nine Hundred Ninety-nine and 99/100 ($4,999.99) Dollars.

PROVIDED, HOWEVER, Grantee, or their assigns, shall substantially complete construction of a single-family home on the premises
herein conveyed, up to all codes, within eighteen (18) months after the date hereof. In default of sue!) construction, title to the
premises shall revert to the City of Muskegon free and clear of any claim of Grantee, or their assigns; and, in addition thereto, the City
of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee, or their assigns. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title of the above described premises, improvements made thereon shall become the property of the Grantor.
Furthermore, Grantee has covenanted that the home shall be owner occupied for five (5) years from the date of this deed.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.S0S(h)(i) and MCLA 207.526 Sec. 6(h)(i).

Dated this        /$;A day of~l'l:/4~·~·C,~.1..,f:'._ _ _ _ _~, 2000.
Signed in the presence of:

t::t/2.11:da
 L-r.lJ   l   a       S.
                           C::>.  1/rtifa
                             /brJ-t>r

':ffec~ e/q2u.t',,"->v            ?,   ~-~     .
     ~    0   A10 iJ k'rv !Lo IN s!L i                                Gail A. Kundinger, Its Clerk


STATE OF MICHIGAN


              G:ICOMMON\5\GTJIC-RLEST\DIXON.QCD
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this / ..(fl, day of   ffea_,,,_                  ,
                                                                                                    2000, FRED J.
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on
behalfofthe City.


PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole                    t.:.://cla      s.     l'orrrr
175 W. Apple Ave., MI 49443-0786                      Notary Public, Muskegon County, MI
Telephone: 231/722-1621                               My commission expires: _,J:..·_,·,"';?c..,,.,<_·_-.,,0'-'.2""'--________




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




        G:\COMMON\5\GTJIC-RLEST\DIXON.QCD
                               REAL ESTATE PURCHASE AGREEMENT


        THIS AGREEMENT is made March 1 4              , 2000, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and DANIEL DIXON and wife, SHURYVONNE DIXON, of922 Spring Street,
Muskegon, Michigan 49442 ("Buyer").

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

                   Lots 9, 10 and 11, and that part of Lot 8 described as follows:
                   Commence at the Northeasterly comer of Lot 8, thence South
                   along the East line of Lot 8, 8.7 feet, thence West parallel to the
                   North line of said lot 70.62 feet to the Westerly line of said Lot 8,
                   thence Northerly along the Westerly line of said lot, 8.62 feet to the
                   Northerly line of said lot, thence Easterly along the Northerly line
                   of said lot 70.62 feet to the point of beginning. All being part of
                   Block 142 of the Revised Plat (of 1903) of the City of Muskegon,
                   as recorded in Liber 3 of Plats, Page 71, Muskegon County
                   Records.

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

        2.      Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99), payable in
cash or certified funds, to Seller at Closing.

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

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If


G:\COMMON\5\GTJ\C-RLEST\DIXON.PA                    - 1-
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Seller.

        5.     Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single family home, up to all codes, within eighteen (18) months of the closing of this
transaction. The home shall be substantially completed by that time and, in the event said
substantial completion has not occurred, in the sole judgement of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit to
Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the
closing. The covenants in this paragraph shall survive the closing and run with the land.

       6.      Incentive Credits. Seller agrees to pay to the Buyer funds in the following
amounts, pursuant to an incentive plan agreed to by the parties, upon completion of the house
and issuance of a certificate of completion or occupancy permit.. The incentive payments shall be
paid upon written acceptance and approval by Seller that the following improvements have been
included and completed to the sole satisfaction of Seller:

        ~          6.1       Construction of a   ~~~wo car garage.            $1000.00

                   6.2       Construction of a brick front (At least
                             4 feet above grade the entire width of the
                             house - front (street) elevation).               $1000.00

                   6.3       Construction of a Bay Window on the front
                             (street) elevation of the house.                  $500.00

                   6.4       Construction of a front porch - front (street)
                             elevation of the house.                           $300.00

         Total                                                                $2800.00

The amount of the credits will be held by Seller in escrow, without interest, to be refunded to the
Buyers upon acceptance by the Seller. The said credits are agreed to be modifications of the
purchase price for the premises and are for good consideration. The said credits shall not be
available, and the Seller shall retain the said funds without further obligation, if the said incentive
improvements are not completed and accepted within the 18 month period set forth in this
agreement for completion to code of the house on the premises.



G:ICOMMON\5\GTJ\C-RLESTIDIXON.PA                      -2-
        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.

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

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

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

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

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

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


G:\COMMON\5\GTJ\C-RLEST\OIXON.PA                 -3-
         9.      Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.

       10.     Closing. The closing date of this sale shall be on or before June 14
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49441. If necessary, the parties shall execute an
IRS closing report at the Closing.

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

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

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

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

         15.       General Provisions.

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

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

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

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




G:\COMMON\5\GTJ\C-RLESnDIXON.PA                 -4-
                e.      Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

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

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

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

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

WITNESSES:




                                                    BUYER:

                                                    abu;J 1(j;£~
                                                    Daniel Dixon
                                                    Social Security No.    ~~                                            and_.r:::~==!::e==--~..._- ~!::::!:::::~~:&(:~I!:::::::::...._ __
                                                                 Gail A. Kundinger, Its Clerk


STATE OF MICHIGAN


        G:\COMMON\5\GTJ\C-RLEST\DIXON.QCD
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this /S//, day of     .tlla.,,fL                 ,
                                                                                                    2000, FRED J.
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on
behalfofthe City.


PREPARED BY: G . Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole
175 W. Apple Ave., MI 49443-0786                      Notary Public, Muskegon County, MI
Telephone: 231/722-1621                                                            ) - ,.J
                                                      My commission expires: ____,;__, ........,,..,_
                                                                                                  C_-----=0__,.=--
                                                                                                               2,  - -- -- - -




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




       G:\COMMON\5\GTJ\C-RLEST\DIXON.QCD
                                                                                             8 WEST WALTON STREET
                                                                                               MUSKEGON, Ml 49440
              TRANSNATION TITLE INSURANCE COMPANY
                                                                                                                                                                                                                          !'.lo                16 l829




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                                                                TRANSNATION TITLE INSURANCE COMPANY
Date:         March 14, 2000
To:            Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of proposal
              2000 Sidewalk Program


SUMMARY OF REQUEST:
The 2000 Sidewalk project be awarded to E & K as an amendment to the 1998 / 1999 contract. E &
K has submitted the attached letter proposing to perform the work with the same unit prices for the
most part as well reduction on some of the major items (4" sidewalk). The cost for this amendment
is estimated at 514,283.75. Furthermore, it is requested that this amendment be contingent on the
creation of the special assessment district.

FINANCIAL IMPACT:
The construction cost of $514,283.75 plus an estimated $77,000 of related engineering
expenses.



BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Amend the 1998/1999 contract to include the 2000 project.



COMMITTEE RECOMMENDATION:
E+K CONSTRUCTION OF HOllAND CO. INC.
                                                                                                13134 QUINCY STREET
                                                                                                   HOLLAND Ml 49424

Phone 616-3991921
Fax 616-399-3110
Email Ekcon@wmot.com




                                                                                                  February 15, 2000
Robbert Frye
City of Muskegon
933 Terrace Str.
P.O. Box536
Muskegon MI 49443-0536

RE: 1999 Sidewalk Replacement Program


Dear Robert,
         E+K Construction of Holland proposes to the City of Muskegon to extend the 1999 sidewalk program to
include the 2000 sidewalk program. By extending the project this time of year (Feb) before other work is let we
propose approximately 7%reduction in price based upon 1999 quantities (see attached breakdown).



          There were a number of factors involved for not being able to finish the I 999 project. I have been
operating E+K construction for the last four years. This past year two key employees retired and 1999 turned out to
be a test of what we were able to achieve. I was really pleased with our performance and give credit to the
employees ofE+K. Their dedication and workmanship are to be commended. In a typical year, March and April
are when most jobs are bid, and so was the case in 1999. E+K bid major projects last year and a majority of
these projects were awarded at a later date, and some were stalled. Another factor is that we ran into a lot of trees
with roots on the 1999 project. As stressed to us in other years, trees are important. Roots involve a lot of
handwork which takes more time . Also, weather played a part last year. With rain days and the threat of rain,
days were lost. Being spread out on this project, I felt proper protection from weather could not be placed in time
to ensure a quality job. Repairing damaged concrete wonld set us back further in the schedule. Last year, I feel
every effort was taken to complete the project but time ran out on me.

        Now being the middle of February, I have good hold on this years schedule. If the 1999 contract is
extended, I wonld abstain from bidding other projects with conflicting schednles.
        E+K has always been dedicated to quality workmanship in a timely manner. I think our past
performance, including clean up, reflects quality workmanship. For the 2000 project, I propose a completion date
of October 1,2000 with full understanding of penalties being enforced as listed in contract. I would welcome the
opportunity to work with the city on this project.
        Thank you for your consideration.

  sm;r1~1~
Jack~an
President E+K Construction of Holland Co. Inc.
                                                          BID PROPOSAL

                                    H-1507 SIDEWALK REPLACEMENT PROGRAM COMPARISON


                                                                                     1998/1999                                  2000

                              ITEM OF WORK                 UNIT   QUANTITY   UNIT PRICE      TOTAL     PRICE                           TOTAL PRICE
                                                                                                                  UNIT PRICE

1    BORROW FILL                                          CUYD          50          $15.00             $750.00         $15.00                  $750.00

2    CEMENT                                                TON          10         $150.00            $1,500.00       $150.00                 $1,500.00

3    CONCRETE CURB,6" X 14"                                LFT         200          $18.00            $3,600.00        $18.00                 $3,600.00

4    CONCRETE CURB & GUTTER, AS DIRECTED                   LFT          50          $20.00            $1,000.00        $20,00                 $1,000.00

5    CONCRETE DRIVE APPROACH, 6"                          SQYD         600          $28.00           $16,800.00        $27.00                $16,200.00

6    CONCRETE SIDEWALK, 4"                                SQFT      105100           $3.00       $315,300.00            $2.85               $299,535.00

7    CONCRETE SIDEWALK, 6"                                SQFT         600           $3.50            $2,100.00         $3.35                 $2,010.00

8    CONCRETE SIDEWALK RAMP,TYPE I OR TYPE 111            SQFT        5175           $4,00           $20,700.00         $3.65                $16,888.75

9    EXCAVATION                                           CUYD         200          $10.00            $2,000.00        $10.00                 $2,000.00

10   REMOVING CONCRETE CURB                                L FT        350           $5.00            $1,750.00         $5,00                 $1,750.00

11   REMOVING CONCRETE CURB & GUTTER                       L FT         50          $10.00             $500.00         $10.00                  $500.00

12   REMOVING CONCRETE DRIVE APPROACH                     SQYD         500          $10.00            $5,000.00        $10.00                 $5,000.00

13   REMOVING CONCRETE SIDEWALK                           SQFT      111000           $1.50       $166,500.00            $1,30               $144,300.00

14   ROOT CUTTING FORS. W. INSTALLATION, 10"- 20" TREES   EACH         170          $25.00            $4,250.00        $25.00                 $4,250.00

15   ROOT CUTTING FOR SW. INSTALLATION, 20"- 30" TREES    EACH         170          $50.00            $8,500.00        $50.00                 $8,500.00

16   ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30"   EACH          60          $75.00            $4,500.00        $75.00                 $4,500.00




                                 TOTAL                                                           $554,750.00                               $514,283.75
Date:         March 14, 2000
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District on:
              ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment of the Roberts, Lawrence to
Wesley, 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



FINANCIAL IMPACT:
None at this time.



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:
This request will be reviewed during the work session on March 13, 2000 meeting
                                        CITY OF MUSKEGON

                                     Resolution No. 2000-32 ( a)


             Resolution At First Hearing Creating Special Assessment District
        For ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.
                 Location and Description of Properties to be Assessed:
                         See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on MARCH 14, 2000 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 report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held MARCH 14, 2000, there were 5. 79 % objections by the owners of
     the property 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:

I.   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 property 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:

I.   The City Commission hereby declares a special assessment district to include the
     property 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 As l akson                                  and __:S::..ip::..:a::..:t"'a"-r"'-o_ _ _ _ _ __
       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 25.37% 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_ ___.: :_S:. .:.he:: .ip: . .:h.:. :e:. :. .r. : : d. 1-,_.:S=--i:. .:e:. :. .r. : : a=-dz=k.:. . :i:.. .z,---=-SLpa=-t. :. :a:. .:.r-=-o..L,_.:A. :. :s=--1-=-a"-'k-=-so=-n-'-' '---8-=-e--ne..:. .d_i_;;c_t_,_,___;_N,__
                                                                                                                                                                                                                                    · e=---1---"s-=-e_n_ __


       Nays_ ____:_:N-=-on:..:...e=---------- - - - - - - - - - - - - - - - - -



                                                                                                                                                          CITY OF MUSKEGON



                                                                                                                                                         By 4dt~d~~
                                                                                       ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on MARCH 14, 2000.
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.
                               EXHIBIT A


       ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE..
                    SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of ROBERTS STREET, LAWRENCE AVE. TO
                            WESLEY AVE.
                 AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN         )
                          ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 14 TH DAY OF MARCH, 2000 THE CITY COMMISSION
ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING SPECIAL
ASSESSMENT DISTRICT:

All parcels abutting Roberts Street, from Wesley Avenue to the southern right of
                         way line of Lawrence Avenue.

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON MARCH 4, 2000.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON          nm
                                      3~ DAY ~4 LCH, 200~.


                                          GAIL A. KUNDINGER, CITY LERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 o<0-1/2 DAY OF .I'll ace/,      , 2000.


~~J~~~                           COUNTY, MICHIGAN

MY COMMISSION EXPIRES         9,. .c)0~ C) .2
         ALt:lt.H I                 AVE                          I                           490
                                                                                   I                                                                                                                                                 ALBEI
                    '
(/)
                                ssi I                                                                                  302                                               .....       297                                   293

                                                                                                                                                                         ;
                                                                                                                                              300              298
w     553j                                                547
z                                                                                                                                                                                296

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                                                                          APPLE                                    AVENUE
             .      .
                       ENGINEERING FEASIBILITY STUDY
                              ROBERTS STREET
                     LAWRENCE AVENUE TO WESLEY AVENUE


The new construction of Roberts Street from Lawrence Avenue to Wesley Avenue was
initiated by the City of Muskegon, Department of Public Works. The proposed new
construction of this unpaved section of Roberts Street is consistent with the City's goals
and objectives to eliminate all unpaved streets with in the city limits. This project was
identified and established in the 2000 Capital Improvement Budgets for Local Streets.

The project was identified due to the unpaved surface of the street. The improvement we
are recommending consists of installing a paved surface, curb and gutter with associated
storm water catchment.

A memo from the Assessor's office, which addresses the appraisal and benefit to abutting
properties, is attached.

The preliminary cost estimate for the work associated with this project is approximately
$150,000. The length of the project is approximately 1,080 lineal feet with 1,139.46
assessable footage. Therefore, the estimated improvement cost is $131.64 per assessable
foot. However, the assessment cost will not exceed $33.40 per assessable foot. The
maximum assessment cost of $33.40 per assessable foot is based on the established 2000
Special Assessment Cost Estimates prepared by the City of Muskegon Engineering
Department.




S:\DATA\ENGINEERING\K!RSCI-1\2000\H 1218
I MUSKEGON COUNTY
IM    C H   G A N
                                                           173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                       (231) 724-6386
                                                                                                  FAX (231) 724-1129

                                                                                  EQUALIZATION DEPARTMENT
 BOARD OF COMMISSIONERS

 Kenneth J. Hulka, Chair
 Bill Gill, Vice Chair
 Paul Baade
 Douglas Bennett
 Nancy G. Frye
 Jacob 0. Funkhouser
 James J. Kobza
 Louis McMurray                                               March 7, 2000
 Clarence Star~ ,hamme d Al-S hate l, C.1ty Engmeer
              1v10
                                               .
              933 Terrace Street
              Muskegon,MI49443

              Mr. Al-Shatel:
              In accordance with your request, I have examined the proposed special
              assessment district entailing the paving of Roberts Street. The purpose of this
              analysis is to document the reasonableness of this special assessment district by
              identifying and quantifying any accrued benefits. It is subject to the normal
              governmental restrictions of escheat, taxation, police power and eminent domain.
              The effective date is March 7, 2000.
             In conclusion, it is my opinion that the special assessment amounts justly and
             reasonably represents the accrued benefits to the properties encompassed by this
             project. The amounts reflect the sum of the immediate estimated value
             enhancement and the intrinsic value that will accrue from an overall increase in
             property values due to an improved quality of life created by the proposed
             project. As previol.Jsly pres~n,te .-\dion
2J1172-l-67U3
F.\\1722-121-I'

.\~~l.'SSOl
23 I /72-1-6 7HS
F.\\/726-5181

( \'llll'll'f~
231/72-1-6783                 March 3, 2000
F.-\\/726-5617

Ci\il Sl•nict>
231/72-1-(,716
F.\\/72-l--i-Hl.5                                        West Michigan's Shorellne City
Clt•rl..
231/72-!-6705
F.-\.\.""n-ll7S
                              Parcel Number

! \i "'2-1-6717
I· I'\ 72(,-25111                               NOTICE OF HEARING ON SPECIAL ASSESSMENT
I H:.!ll!l'ering
2J1·"'2-1-67ll7
F.\\:'727-(,lJO-i
                              Dear Property Owner:
Fill.11\Cl'
23\,72-t-<,7!3                The Muskegon City Commission is considering whether or not to create a special
F \\:'72-i-6768               assessment district which would assess your property for the following paving project:
 hn· Dl'jll,
 23!'i2-i-67')2
 F.\ \/72-1-6')85
                                                 Roberts Street. Lawrence Avenue to Wesley Avenue.
 lnrnmc Ta\
 LI l '72-i-(,770             The proposed special assessment district will be located as follows:
 F.\\02-i-(,7(,8

 Info. S~sh.'111-'              All parcels abutting Roberts Street. from Wesley Avenue to the southern right of way
 231/72-1-(,7-1-1
 F \\/722--lJOl
                                                              line of Lawrence Avenue.
 l.1'i~un• .'wn in•
 23 1,'72-1-(, 711-1          It is proposed that a portion of the above improvement will be paid by special
 F.\\/72-1-1 !%               assessment against properties in the aforementioned district. Following are conditions
 \lanagi:r'~ Office           of the proposed special assessment which are important to you.
 231-'72-1-672-1
 F\\/722-121-1
                                                                       Public Hearings
 \L1~11r\ Offict>
 2Jl/72-l-(,7Ul
 F.\.\:1722-121-i             An initial public hearing to consider the creation of a special assessment district will be
                              held at the City of Muskegon City Commission Chambers on March 14, 2000 at 5:30
 2Jll72-l-<,715
                              P.M. You are encouraged to appear at this hearing, either in person, by agent or in
 1: \\/72(,-2501              writing to express your opinion, approval, or objection concerning the proposed special
 !'l;1 nnin',!./Zoning
                              assessment. We are enclosing a Hearing Response Card for you to indicate your
 !jl/72-1-6702                agreement or opposition to the special assessment. This card includes the property
 F \_\172-l-<,nu
                              identification and description, assessable footage per City policy, and the estimated cost
 l'olin' Di:pl.               of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
 2Jli72H,7:'iU
 F.\\1722-51-10               your response card to the City Clerk. Written objections or appearance_s must be made
  l'uhlll' \\ orks
                              at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
  2Jlf72-l-41UU               OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
  F \\/722--1188
                              THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
 lrc;1~11rer
 !Jl/72-!-(,720
                              ASSESSMENT.
 F.\\/72-1-6768

  \\ all'r Billini?: Dt•pt.
  231/72-1-6718
  F,\\/72-l-6768

  \\ alt>r Filtration
  231/72-1--110(,
  F.-\\/755-5290                                                                                                        8
                                  City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 494H-0536
A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be mailed a separate notice for the second hearing. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.

                                    Estimated Costs

The total estimated cost of the street portion of the project is $150,000 of which
approximately 25.37% ($38,057.96) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.

I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.

Sincerely,




 Mohammed AI-Shatel, P.E.
 City Engineer
                        Special Assessment Payment Options

Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or
other public improvements may pay their assessment in the following ways:

I.  Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:

           Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
           amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
           described below.

           Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
           plus applicable interest as described below.

           Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
           to complete the project for which you are assessed and has pledged you assessments for repayment of
           the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
           must pay on the borrowed money plus 1.00%.

Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) .
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

       •   Be 65 years or older or be totally or permanently disabled.

       •   Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
           being assessed for five (5) years or more.

       •   Be a citizen of the U.S.

       •   Have a total household income not in excess of $15,000.

       •   Have a special assessment of $300.00 or more.

 Under this program the State of Michigan will pay the entire balance owing of the special assessment,
 including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
 property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
 sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
 interest is accrued at the rate of 6.00% per year.

 IV. Further Information About the Above Programs
 Further information about any of the above payment options (including deferment applications) may be
 obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at
 724-6720.

 V. Additional Special Assessment Payment Assistance
 Qualified low and moderate income homeowners who are being assessed may be eligible for payment
 assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
 from this program will be available to the extent that funds are available. To obtain further information and
 determine whether you are eligible, contact the Community and Neighborhood Services Department at
     724-4121.
                                      CITY OF MUSKEGON
                        COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
                                 STREET ASSESSMENT PROGRAM
                           REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Property owners in your area are being specially assessed by the City of Muskegon for roadway improvements. City
ordinances require that property owners be responsible for the special assessment for roadwork done to their property's
assessable frontage. To assist homeowners who may have difficulty paying the costs of the special assessment, the City
offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households
and families. If you meet the CDBG program qualifications, the City may pay for your special assessment.

Application Requirements:
• Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see
  chart below); Proof of income may include copies of federal/state income tax returns, copies of pension or other
  benefit checks or agency statements from all household income.
                                                       2000



                                        FAMILY SIZE           INCOME LIMIT
                                                1                  $21,580
                                               2                    24.635
                                               3                    27,755
                                               4                    30,810
                                               5                    33.280
                                               6                    35,750
                                               7                    38,220
                                                8                   40,690
                                      For each extra, add            2,800


•   Applicants must submit proof that they both own and occupy property at the time of application; Land Contract
    purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be a deed,
    mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing
    both your name and address.

•   Applicant must submit proof of current property insurance; and

•   Applicant must submit a recent property tax receipt to show that all tax payments are current.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it,
along with supporting documentation to:             City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                  Muskegon,MI49440
Applications must be submitted prior to confirmation of the special assessment roll takes place. For further
information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

The City reserves the right to verify all application information, and to reject any applications that contain falsified
information or insufficient documentation.


                                                                                       Last Update: February, 1997
                                  SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
                                 To have your vote count, please
                    Return This Card By: March 14, 2000

   Project Title:         Roberts Street, Lawrence Avenue to Wesley Avenue.
   Project Description: Construct new bituminous pavement with concrete curb and gutter.




   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
   Plate Number
   Assessable Frontage:
   Estimated Front Foot Cost:
   ESTIMATED TOTAL COST

   Property Description




                                       Your vote COUNTS!

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




Owner
     1AM IN FAVOR



Signature
                 •
            -------------             Owner
            _ _ _ _ _ _ _ _ _ _ _ _ _ Signature
                                                                 I AM OPPOSED

                                                                                     •
Address     -------------Address
        Thank you for taking your time to vote on this important issue.
                                   CITY OF MUSKEGON
                               NOTICE OF PUBLIC HEARING
                              SPECIAL ASSESSMENT DISTRICT

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:

            ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.
The location of the special assessment district and the properties proposed to be assessed are:

All properties abutting ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.

It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON MARCH 14, 2000 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO
FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING .
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL
WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of
the public necessitates the improvement.


PUBLISH:       MARCH 4, 2000                                   Gail Kundinger, City Clerk
                                          ADA POLICY

The City will provide necessary appropriate auxiliary aids and services, for example, signers for
the hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want
to attend the meeting, upon twenty-four hours notice to the City. Contact:
                                  Gail A. Kundinger, City Clerk
                            933 Terrace Street, Muskegon, MI 49440
                             (231) 724-6705 or TDD (231) 724-6773
                                                                        SPECIAL ASSESSMENT
                                                            HEARING RESPONSE CARD
                                                                       To have your vote count, please

                                       Return This Card By: March 14, 2000

       Project Title:                                  Roberts Stref.)t, Lawrence Avenue to Wesley Avenue.
       Project Description: Construct.new bituminous pavement with concrete curb and gutter.




      INSTRUCTIONS
       If you wisil to have your written vote included as part of the tabulation ·ot 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:                                                                              0                      ROBERTS ST

       Parcel Number                                                                                  24-610-000-0153-00

                                                                                                                                          ~~c
       Plate Number                                                                                   24-31-21-403-030
       Assessable Frontage:                                                                           162.55           Feet

       Estimated Front Foot Cost:                                                                     $33.40           per Foot           "'An ~IVs-D
                                                                                                                                    C·         07 ?
       ESTIMATED TOTAL COST                                                                           $5,429.17                      'ty           c.'Ooo
                                                                                                                                           Cterk
                                                                                                                                               8
       Property Description                                                                                                                        Otfi
       N 1/2 OF LOT 152 AND ALL OF LOTS 153, 154 URBAN RENEWAL PLAT# 1                                                                                 Ce



                                                                                     Your vote COUNTS!

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




Owner
            I AM IN FAVOR




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                                                                                                                                I AM OPPOSED

                                                                                                                                                   •
Address                  ./ / C;         /) rJ                  " ,(•.:...~---·
                         ... / -          ,a,··1 _.'i'i '·'l·•1.r    "/                                        Address
                                                                                               1
                         '·-.--.J../ · 7 1 c ,J /Le 4 '& .1 / '•....;.?- <.'-:                  /   f·f+ .2                                                 5
               Thank you for takir:fg your time to vote on this important issue.
                                 SPECIAL ASSESSMENT                           ,Rrcif'", --
                                                                                   g;;fVEt'
                                                                                  ¥,;;: ·
                            HEARING RESPONSE CARD                               MAJ?.
                                                                                    J. S 20{JfJ
                                                                                                     D
                                 To have your vote count, please           City c
                    Return This Card By: March 14, 2000                             lerk.s Of.:·
                                                                                                  •tee
   Project Title:         Roberts Street, Lawrence Avenue to Wesley Avenue.
   Project Description: Construct new bituminous pavement with concrete curb and gutter.




   INSTRUCTIONS
   !f you wish to have your written vote included as part of the tabu!atio11 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:                         1205           WESLEY AVE
  · Parcel Number                            24-611-000-0245-00
   Plate Number                              24-31-21-40·1-001
   Assessable Frontage:                      65.93      Feet
   Estimated Front Foot Cost:                $33.40      per Foot
   ESTIMATED TOTAL COST                      $2,202.06
   Property Description
   URBAN RENEWAL PLAT NO 2 LOT 245




                                      Your vote COUNTS!

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




Owner
     I AM IN FAVOR

                          •Owner
Signature.-_-------·------ Signature ~Q;\~
                                                                I AM OPPOSED

                                    .· -0 o~--'1_s Fo,,.:Suf.;;e;;;.:,_·____
                                                                             ;r109Wv
Address   -----------Address                                 l:J.oS'   LJ;:.,j,.~Cf" Uu-e, ,-
                                                                                                         4
      Thank you for taking your time to vote on this important issue.              ··   r· • •c
TO:            Honorable Mayor and City commissioners

FROM:          Engineering

DATE:          March 14, 2000

RE:           Public Hearing
              Create Special Assessment District on:
              2000 Sidewalk Program (E-4)



SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment district of the project and to create a
special assessment district and appoint two City Commissioners to the Board of Assessors if it is
determined to proceed with the project. The district will not include those obtaining a permit.



FINANCIAL IMP ACT:

None at this time.



BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the project for special assessment, create a special assessment district for the project
and assign two City Commissioners to the Board of Assessors by adopting the attached resolution.



COMMITTEE RECOMMENDATION:

This request will be discussed during the "Work Session" scheduled for March 13, 2000.
                                    CITY OF MUSKEGON

                                         Resolution No. 2000-32 (b)

               Resolution At First Hearing Creating Special Assessment District
                       For The 2000 Sidewalk Replacement Program

                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


RECITALS:

     A hearing has been held on March 14, 2000 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 report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held March 14, 2000, there were 4. 25 % objections by the owners of the
     properties 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 properties to be assessed and the
     value of the benefit to be received by each properties 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 properties.

THEREFORE, BE IT RESOLVED:

I.   The City Commission hereby declares a special assessment district to include the
     properties set forth in Exhibit A attached to this resolution.
  2.    The City Commission determines to proceed with the improvements as set forth in the
        engineer's survey, inspection, recommendation 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 As l ak son            and Spataro                 and the City Assessor
        who are hereby directed to prepare an assessment roll. Assessments shall be made upon
        actual work preformed.

- 4.    Based on the City's Special Assessment policy and preliminary estimates it is expected that
        approximately 100% of the cost of the 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, Commissioners Sier adzki, Spataro, Aslak son, Benedict, Nie l sen,
              Shepherd
        Nays, None




 ACKNOWLEDGMENT

 This resolution was adopted at a meeting of the City Commission, held on March 14, 2000. 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 ~ ~    - -    ~-L
                                                                     O _b_ _-,~
                                                                              _-_i_
                                                            Gail A. Kundinger, Clerk
                                                                                         µ...)
                                                                                         ~·
                                                EXHIBIT A


                      SIDEWALK REPLACEMENT PROGRAM FOR 2000

                                 SPECIAL ASSESSMENT DISTRICT

The location of the special assessment district and the properties proposed to be assessed are:

Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements or have not obtained the required permits by May 1, 2000
to complete the work themselves

 AREA E-4 BOUNDED BY EVANSTON AVENUE TO THE NORTH, GETTY STREET TO THE
             WEST AND THE CITY LIMITS TO THE EAST AND SOUTH.
               AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 14 TH DAY OF MARCH, 2000 THE CITY COMMISSION
ADOPTED A RESOLUTION CONFIRMING THE FOLLOWING SPECIAL
ASSESSMENT DISTRICT:

THOSE PROPERTIES IDENTIFIED IN THE AREA LISTED BELOW AS HAVING
SIDEWALK DEFICIENCIES IN WHICH THE OWNERS HAVE NOT COMPLETED
THE REQUIRED IMPROVEMENTS OR HAVE NOT OBTAINED THE REQUIRED
    PERMITS BY MAY 1, 2000 TO COMPLETE THE WORK THEMSELVES.

      AREA E4; bounded by Evanston Avenue to the north, Getty Street to the
                west, and the City Limits to the east and south.

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON MARCH 4, 2000.

DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED
UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE
ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS
UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON
BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS
UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH
SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID
LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 3RD DAY OF ARCH 2000.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
 d}j) f /2 DAY OF,/lh1sh          2000. ,
dnd-0       ~        l?offL:t
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY coMMissioN EXPIRES      7 -dS:--o ,)__
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1.,1/72-H,703
F\\!721-121-4
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?JI .,1--1-t."'17                         NOTICE OF HEARING ON SPECIAL ASSESSMENT
I-'\\. ~2t,-25HI

E11)!inccring
!JI 72--1-t,70':'
F.\\/727-f,')04
                            Re:    Parcel No.
Fin,,ncc
1J1:724-t,'.']J
F\.\.n4-6.,(,X

Fin• Ill-pt.                Dear Property Owner:
1J 1·"'2--1-(,"'')1
\-'. \.\;724-(,'185         The Muskegon City Commission is considering whether or not to create a special assessment district
l11to111t:   l,1\           which would assess your property for the following project:
2Jl/i'24-677U
F. \.\111--1-(, 1(,8                                     Sidewalk Replacement Program for 2000
Info. s~~lt.'11\S
;!J[:.,2--1-67--1--1        The proposed special assessment district will be located as follows:
F \\;":21---IJO]

Ll'i,un· _..,t'n itc
                            Those properties identified in the area listed below as having sidewalk deficiencies in which the
2Jl:"12--1-6711--I          owners have not completed the required improvements or have not obtained the required permits by
F\\'72--1-11%               May 1, 2000 to complete the work themselves.                                              ·
\lana)!,:r's (Hlin•
2.1 ! ·":2--1-(,""'2--I               AREA E4: bounded by Evanston Avenue to the north, Getty Street to the west, and the City
[· \\;'"'21-121--1                                               Limits to the east and south.
\laJ11r', Oftin•
1.IJ/72--1-t,"'ll I         The above improvement will be paid entirely by special assessment. The 2000 cost has been set at
I· \\,"'22-121--1           $5.30 per square foot of sidewalk and will include all incidentals (i.e. root cutting, concrete removal,
 'H·i)!h. & ( ·on,t.
                            excavation, etc.). Any work on drive approaches will be assessed at the contract price plus related
     Si:nil"l''             engineering fees.
 1.11·72.(.(,715
 I· \.\t'!t,-!501
                            THE HEARING WILL BE HELD IN THE CITY OF MUSKEGON COMMISSION CHAMBERS ON
 l'lanninl!:Zuninl!         March 14, 2000 AT 5:30 P.M. You are entitled to appear at this hearing, either in person, by an
 1.11 ~2--1-h ..01          agent, or in writing to express your opinion, approval, or objection concerning the special
 I·\\ "'2--1-f,"''llt
                            assessment. Written appearances or objections must be made to the City Clerk at or prior to the
 l'ol1<·1· lh·pl.           hearing.
 !.II n-1.1,"'5U
 I·\ \/722-51--111
                            YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
 l'uhlir \\ 11rk~           EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
 !Jl17?--1---IIIIH          IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE
 F\\/722---111:18
                            OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
 I rca,urn                  TAX TRIBUNAL.
 ?3117?-1-67211
 F.\.\1724-(,761:1

 \\ ,11i•r Hillin~ lh·pt.
 1JJtn--1-671/i
 F \.\/72--1-(1761'1

 \\ ,1tcr Filtrnlion
 1Jl/72--l-41n<,
 F.\.\/755-!-290

                                  City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE
ROLL, EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR
RIGHT TO APPEAL TO THE MICHIGAN STATE TAX TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made; unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.

PLEASE BE ADVISED THAT THERE ARE PAYMENT ASSISTANCE AND DEFERRAL PROGRAMS
FOR CERTAIN PERSONS WHO QUALIFY. FOR INFORMATION ON QUALIFYING FOR SUCH
PROGRAMS, PLEASE REFER TO THE ENCLOSED SHEET ENTITLED "SPECIAL ASSESSMENT
PAYMENT OPTIONS." If your application for payment assistance through the CDBG Program has
already been approved, you need to do nothing else at this time; the City will make the repairs, and you
will not be assessed for the replacement costs.

The Assessment, which covers the improvements to the sidewalk (and drive approach if needed), may be
paid in installments over a period of up to ten (10) years. Special assessments which are paid in
installments, will carry an interest rate in the amount of one percent (1%) in excess of bonding interest
rates, or an interest rate which is determined by the City in accordance with its policy.

Preliminary plans and details are on file in the Engineering Department in the City Hall. You are welcome
to review the said plans and costs during business hours at the City Hall which are from 8:00 A.M. to 5:00
P.M., Monday through Friday, except for holidays.

Yours Truly,

CITY OF MUSKEGON
                                       /


1r],:0?1,;,r1n-<-•d._   «.if:JJ'd__
Mohammed S. AI-Shatel, P.E.
City Engineer
                     HOW YOUR SIDEWALK WAS CHOSEN FOR REPLACEMENT
The City's comprehensive sidewalk replacement program set minimum standards to help reduce
potential accidents due to broken or uneven walkways. To establish those sections of sidewalk that
need to be replaced, the following criteria were followed:

1. Rise or drop of more than ¾".
2. Broken or cracked in many pieces throughout.
3. Holes more than ¾" deep.
4. Badly spalled.
5. Open cracks more than ½" wide.
6. Broken sections with loose pieces of concrete.
7. Crumbling due to age, weather, and/or improper material used in the original construction, or for
   other reasons.
8. Side slope of more than 8% (1" for every 12").

Additional conditions: When one section doesn't need to be replaced, but the sections on each side
do, all three sections must be replaced. When only a small area (one square foot or less) of a section i~
missing or broken, it will not need to be replaced provided there is still 42" of good continuous sidewalk
and there is no rise or drop.

Those sections that do not fall within the above criteria but are hazardous, will be required to be
replaced.

Sidewalk size: Sidewalks are to be 5' wide with the exception of sidewalks that go around trees, in
which case the minimum continuous width must be 42".

SIDEWALKS IN THE TERRACE: Sidewalks that are located in the terrace between the City sidewalk
and the curb will be inspected with the same criteria as the City sidewalks and may either be removed
or repaired at the owner's choice.

DRIVE APPROACHES: If a drive approach is hazardous with deep holes or raised areas, or other
hazards, it will be required to be replaced. If no approach is provided, but cars are crossing the terrace,
an approach will be required, provided a legal driveway is permitted by the Zoning Ordinance.

Street corners and alleys: The city will be responsible for the cost of all replacement of sidewalks at
the street corners and where alleys cross the sidewalks. If the sidewalk is to be replaced at corners, it
will be made handicapped accessible.

Requesting additional sections to be replaced: Owners of property will be allowed to request that
additional sections of sidewalk be replaced. This could include sections of sidewalk that are cracked or
broken, but not hazardous, or if the owner wishes to have their total sidewalk replaced. This does not
include property owners receiving CDBG funding to pay for their special assessment; these owners will
be restricted to the required sections only.

Appeal Process: If you feel the sidewalk does not meet the above criteria, you may appeal to the City
Engineer at 724-6707. If you are still not satisfied after your appeal, you may request a hearing with the
Sidewalk Review Board.

If you have questions about the specific sections that need to be replaced, please contact the
C: n,..in ....... r.r~ ......   n ................ ___ ... _.... ..,,... ... ,.,.," ..
                            Special Assessment Payment Options

Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
impr~vements may pay their assessment in the following ways:

L Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confinnation of the special assessment roll without interest.

IL Installment Payments
Assessments not paid within the first sixty days may be paid in installments over several years as follows:

             Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of
             your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below.

             Driveway, Sidewalk, and Approach Assessments - Ten (IO) years equal annual principal payments plus applicable
             interest as described below.

             Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete
             the project for which you are assessed and has pledged your assessments for repayment of the borrowed money. In
             such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus
             1.00%.

IIL Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

             •       Be 65 years or older or be totally or pennanently disabled.

             •       Have been a Michigan resident for five (5) years or more and have owned and occupied the
                     homestead being assessed for five (5) years or more.

             •       Be a citizen of the U.S.

              •      Have a total household income not in excess of $15,000.

              •      Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent,
current, and future installments. At the time of payment a lien will be recorded on your property in favor of the State of
Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the
owners(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year.

IV. Further Ta.formation About the Above Programs
Further infonnation about any of the above payment options (including defennent applications) may be obtained by calling
either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720.

 !'.:'.   Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the
City of Muskegon Community Development Block Grant (CDBG) Program. CDBG payment assistance is only available
prior to the confinnation of special assessment hearing. To obtain further information and determine whether you are
eligible, contact the Community and Neighborhood Services Department at 724-6717.
                        COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
                            SIDEWALK REPLACEMENT PROGRAM FOR 2000 ·
                           REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Property owners in your area are being specially assessed by the City of Muskegon for roadway improvements. City
ordinances require that property owners be responsible for the special assessment for roadwork done to their property's
assessable frontage. To assist homeowners who may have difficulty paying the costs of the special assessment, the City
offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households
and families. If you meet the CDBG program qualifications, the City may pay for your special assessment.

Application Requirements:
• Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see
  chart below); Proof of income may include copies of federal/state income tax returns, copies of pension or other
   benefit checks or agency statements from all household income.
                                                       2000
                                       65% MEDiAN
                                             . . ..
                                                  ,
                                                    HOUSEHOLD
                                                      ..  ,.~ INCOME
                                                                . ..   . 1%
                                                                     CHART
                                                                    :· ,,_ .- -~
                                                                              ;   .   .   ~




                                         FAMILY SIZE           INCOME LIMIT
                                                l                   $21,580
                                               2                     24.635
                                               3                     27,755
                                               4                     30,810
                                               5                     33.280
                                               6                     35,750
                                               7                     38,220
                                               8                     40,690
                                       For each extra, add            2,800


 •   Applicants must submit proof that they both own and occupy property at the time of application; Land Contract
     purchasers must obtain approval of titleholder before receiving assistance. Proof of ownership should be a deed,
     mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing
     both your name and address.

 •   Applicant must submit proof of current property insurance; and

 •   Applicant must submit a recent property tax receipt to show that all tax payments are current.

 Please complete the first four (4) sections of the application on the reverse side of this notice, and return it,
 along with supporting documentation to:             City of Muskegon
                                          Community & Neighborhood Services
                                              933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440                            .
 Applications must be submitted prior to confirmation of the special assessment roll takes place. For further
 information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

 The City reserves the right to verify all application information, and to reject any applications that contain falsi.fie,
 information or insufficient documentation.


                                                                                              Last Update: February, 1997
                                                  CITY OF MUSKEGON
                                             STREET ASSESSMENT PROGRAM
                                    APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT



 NAME: _ _ _ _ _ _ _ _ _ __                                             BIRTHDATE: _ _ _ __

 SPOUSE'S NAME: _ _ _ _ _ _ _ _ _ BIRTHDATE: _ _ _ __

 ADDRESS: _ _ _ _ _ _ _ _ _ __                                          PHONE: _ _ _ _ _ __

 NUMBER OF UNITS: _ _ _ PARCEL#: _ _ _ _ _ PLATE#: _ _ __
 (Single family or# of Apts) (If known)    (If known)

 ETHNIC CLASS: _ _ _ _ _ _ _ _ _ MARITAL STATUS: _ _ _ __
 (Asian, Black, Hispanic, Native American, White, etc)                               (Married, Single, Divorced, Widowed, Separated)

HANDICAPPED: ( )Yes ( ) No                           FAMILY SIZE: _ _ _ _ _~
(Are you or your spouse legally handicapped or disabled?) (Number of people living in household)
r~,..~~~'!l,1'
 ::~'\,i//:  1
              ::~.
' ;{ ~1a:•,:L;f;B•,

 MONTHLY HOUSEHOLD INCOME:                                     $_ _ _ _ SOURCE: _ _ _ _ __
 (Must include all household income)
                                                                                  SOURCE: _ _ _ _ _ __

                                                                                  SOURCE: _ _ _ _ __




  OWNERSHIP:                   ( ) DEED           ( ) MORTGAGE                ( ) LAND CONTRACT

  HOMEOWNER'S INSURANCE CO: _ _ _ _ _ _ _ _ _ _ EXPIRATION DATE: _ __

  PROPERTY TAXES: ( ) Current                            ( ) Delinquent


  OWNER'S SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ __
  By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all
  information in this application, and all information furnished in support of this application, is true and complete to the best of the
  Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed.




  APPROVED ( )                    DENIED ( )               DATE _ _ _ CENSUS TRACT NO. _ __

  STAFF SIGNATURE _ _ _ _ _ _ _ _ _ _ TITLE _ _ _ _ __

  COMMENTS/REMARKS
                                                        **ATTENTION APPLICANT**
                      Please see reverse side for inStructions on providing proof of income, ownership, insurance, and property taxes.
                                                               CITY OF MUSKEGON
                                        CITY OF MUSKEGON
                                    NOTICE OF PUBLIC HEARING
                                   SPECIAL ASSESSMENT DISTRICT

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City
Commission for the following project:

                                      2000 SIDEWALK PROGRAM

The location of the special assessment district and the properties proposed to be assessed are:

Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements or have not obtained the required permits by May 1, 1999
to complete the work themselves

  AREA E4 BOUNDED BY EVANSTON AVENUE TO THE NORTH, GETTY STREET TO THE
             WEST AND THE CITY LIMITS TO THE EAST AND SOUTH.

It is proposed that the total cost of the improvement will be paid through special assessments. The 2000
cost has been set at $5.30 per square foot of sidewalk and will include all incidentals (i.e. root cutting,
concrete removal, excavation, etc.). Any work on drive approaches will be assessed at the contract price
plus related engineering fees.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
MARCH 14, 2000 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE
DA TE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN
ST ATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE
HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.


PUBLISH:        MARCH 4, 2000                                       Gail Kundinger, City Clerk

                                               ADA POLICY

The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting,
upon twenty-four hours notice to the City. Contact:
                                        Gail A. Kundinger, City Clerk
                                  933 Terrace Street, Muskegon, MI 49440
                                   (616) 724-6705 or TDD (616) 724-6773
March 6, 2000


City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, MI 49443-0536
Dear City Clerk:
I'm writing in response to the letter sent last week regarding the
Special Sidewalk Assessment.   I'm disabled and unable to attend
the meeting March 14. However, please note I'm in favor of the
Special Assessment. I feel it's important that our sidewalks are
kept in a safe condition for everyone to enjoy.
It's my intention to allow the City of Muskegon's selected
Contractor to replace the one square on my property I'm told needs
replacing. In a discussion with the Engineer's Department today,
I •m told the estimated costs of repairs for a 5 x 5 square is
around $132.50. I understand these costs may vary due to the bid
process and a re-evaluation of the sidewalk on
my property.
Sincerely,


Frank Forrest
1324 E. Forest
Parcel 24-495-000-0009-00
231-773-3462
                                                                           RECEIVED
                                                                             MAit l 3 2/1/JOJ .
          March 6, 2000
                                                                        City Cl
                                                                               erks Office


          City of Muskegon
          City Clerk's Office
          933 Terrace Street
          Muskegon, Michigan 49443

          Re: Parcel no. 24-187-007-001@ 1125 Karnpenga

          To Whom it May Concern:

          I am responding to your request regarding repairing the sidewalk. Thank you for offering
          a special assessment application, however, it is not needed at this time. I am making plans
          to have the sidewalk repaired this Spring.

          Thank you.

          Sincerely,
C:.
Cl. I\ ,               ·-N\ L  I\ ~. "
~
  .o,_,   -

                        \. \. ~"'"oil__,
          Bobbie McAfee
March 8, 2000



Thomas & Dianne Young
1546 Madison
Muskegon Ml 49442
(231) 773-9595


To Whom It May Concern:

The Muskegon City Commission has told us that it will cost us $3,950.00 for the
sidewalk replacement program. This is a little steep since next year we will also be taxed
for putting the sidewalks in.

I agree the sidewalk squares on the West side of my home (Front) should be replaced.
We have called the Cemetery Dept. twice, which takes care of trees on the terrace. The
first time, no one came out to look at the problem and never got back with us. The
second time we called, the lady said we don't cut down live trees, just dead ones.

The roots of the tree are 20" from the sidewalk and lifting three sections of sidewalk up.
The roots are coming right out of the ground. If the tree is not cut down the problem will
reoccur in a few years. By cutting the roots back the tree will be strong only on one side
and who will be responsible for damages to property ifwe should have a good
windstorm?

The sidewalk on the southwest side of the lot, from the driveway west, is not in bad
condition. The pitting problem is not that bad.

Sidewalk replacement on southeast side oflot, the sidewalk was never put in when the
roads were paved in this area. Most of the neighbors have sidewalks, why wasn't it
mandatory to put the sidewalk in back theri. l didn't live .in this area when roads and
sidewalks were put in and feel this isn't right because we bought into the City of
Muskegon where the sidewallcs should have been done back then.

Thank You,


/L           _?   ~~. i~f /.✓/·
Thomas & Dianne Young       ./     · .
                   RECEIVED.·
                       MAR O9 2000
                  City Clerks Office

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 RECEIVED
   MAR l 3 2000
City Clerks Office
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            ~'.~l
               ~-1
              1,
March 14, 2000

To City of Muskegon

I am writing this letter to protest this special assessment of repairs of the sidewalk of 920
Fleming.
I don't believe some of the walk that is marked for repair needs to be repaired.



Janet and William Bailey
798-3406
                       \.)
                                            RECEIVED
                  Ir Qe..:                    CITY OF MUSKEGON
                                                 MAR~ 1 2000
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                                                    SIDEWALK PROGRAM COMPARISON
                                                                        1994 TO 2000
                                                                    1994         1995         1996          1997         1998         1999         2000

                         ITEM OF WORK                     UNIT    UNIT PRICE   UNIT PRICE   UNIT PRICE   UNIT PRICE   UNIT PRICE   UNIT PRICE   UNIT PRICE


1    BORROW FILL                                          CUYD     $45.00        $45.00      $10.00       $12.00       $15.00        $15.00      $15.00

2    CEMENT                                               TON      $155.00      $155.00      $100.00     $125.00      $150,00       $150.00     $150.00

3    CONCRETE CURB,6" X 14"                               L FT      $18.00       $18.00       $20.00      $17.00       $18.00        $18.00      $18.00

4    CONCRETE CURB & GUTTER, AS DIRECTED                  L FT      $18.00       $18.00       $20.00      $17.00       $20.00        $20.00      $20.00

5    CONCRETE DRIVE APPROACH, 6"                          SQYD      $30.10       $30.10       $5.00       $28.00       $28.00        $28.00      $27.00

6    CONCRETE SIDEWALK, 4"                                SQ FT     $3.00        $3.00        $3.00        $2.80        $3.00         $3.00       $2.85

7    CONCRETE SIDEWALK, 6"                                SQ FT     $3.40        $3.40        $4.50        $4.30        $4.00         $4.00       $3.35

8    CONCRETE SIDEWALK RAMP,TYPE I OR TYPE Ill            SQ FT     $3.02        $3.02        $5.00        $3.50        $3.50         $3.50       $3.65

9    EXCAVATION                                           CUYD      $37.00       $37.00       $6.00        $6.00       $10.00        $10.00      $10.00

10   REMOVING CONCRETE CURB                               L FT      $6.10        $6.10        $6.00        $5.00        $5.00         $5.00       $5.00

11   REMOVING CONCRETE CURB & GUTTER                      L FT      $7.10        $7.10        $10.00       $8.50       $10.00        $10.00      $10.00

12   REMOVING CONCRETE DRIVE APPROACH                     SQYD      $7.24        $7.24        $10.00      $10.00       $10.00        $10.00      $10.00

13   REMOVING CONCRETE SIDEWALK                           SQ FT     $1.13        $1.13        $1.50        $1.40        $1.50         $1.50       $1.30

14   ROOT CUTTING FORS. W. INSTALLATION, 10"- 20" TREES   EACH      $20.00       $50.00       $10.00      $15.00       $25.00        $25.00      $25.00

15   ROOT CUTTING FOR SW. INSTALLATION, 20"- 30" TREES    EACH      $12.50       $60.00       $15.00      $25.00       $50.00        $50.00      $50.00

16   ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30"   EACH      $13.00       $90.00       $20.00      $50.00       $75.00        $75.00      $75.00
Date:      March 14, 2000
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Recommendation for Annual Renewal of Liquor
           Licenses




SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 5-270 and 5-271 of the Code of Ordinance for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code or Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 31, 2000, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Adoption of the resolution.
                    2000-32(d)
   RESOLUTION RECOMMENDING STATE WITHHOLD
      RENEWAL OF LIQUOR LICENSES FOR CODE
                  VIOLATIONS

THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the
Code of Ordinances of the City of Muskegon:

                       SEE ATTACHED LIST OF VIOLATIONS

AND WHEREAS, a hearing was held on March 14, 2000, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and

WHEREAS, an affidavit of mailing of Notices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 31, 2000, they will be removed
from this Resolution.

Approved and adopted this 14th day of March, 2000.


A YES: Benedict, Nielsen, Shepherd, Sieradzki, Spataro, Aslakson

NAYS: None

ABSENT: Schweifler (excused)
                             LIST OF VIOLATIONS


BUSINESS
NAME                ADDRESS         FORM              $DUE

H & J Party Store   1813 Getty       X      X         3,184.23
H & JMarket         381 Laketon      X      X         2,670.08
Kwik-Way            45 E Muskegon    X      X           965.16
Brutters            978 Pine                      X     592.10
                                  CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on March
14, 2000. 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
                    2000 Liquor License Renewal

      Address                   Name         Application   Paid       Police   Treasurer Inspections
821 Apple           Rite-Aid                                            X        $44.00       X
1480 Apple          Pizza Hut                                           X          X          X
1301 Apple          Dasmesh Mart                  X         X           X          X          X
2330 Barclay        Moose 491                     X         X           X          X          X
1601 Beach          Jalapeno's                                          X      $2,289.77      X
1635 Beidler        Westside Inn                  X         X           X          X          X
3198 Edgewater      Muskegon Yacht Club           X         X           X          X          X
817 Forest          Clover Bar                    X         X           X        $29.06       X
3425 Fulton         Harbour Towne Yacht Club      X         X           X          X          X
1431 Getty          K. B.'s Market                X         X           X        $60.00       X
1500 Getty          Tom's Drink All               X         X           X          X          X
1813 Getty          H & J Party Store                                   X      $3,184.23      X
157 Getty           Joey's Place                                  .     X          X          X
165 Getty           VFW                           X         X           X          X          X
1992 Getty          Express Lane                  X         X           X          X          X
1100 Hackley        Sunny Mart                    X         X           X          X          X
1014 Hackley        Polish Falcons                X         X           X          X          X
1890 Henry          Polish Roman Catholic                               X          X          X
2064 Henry          DJ's Pub                     X          X           X          X          X
2185 Henry          Adolph's                     X          X           X      $1,083.66      X
2410 Henry          Dao Drop Inn                  X         X           X          X          X
2536 Henry          Sardine Room                 X          X           X          X          X
2590 Henry          Pizza Hut                                           X          X          X
1763 Lakeshore      Muskegon Rec. Club           X          X           X          X          X
1777 Lakeshore      Lakeside Club                X          X           X          X          X
1930 Lakeshore      Lakeview Mart                X          X           X          X          X
1963 Lakeshore      Lakeshore Tavern                                    X          X          X
1965 Lakeshore      Lakeside Pharmacy            X          X           X       $343.94       X
1983 Lakeshore      Marine  Tap  & Grill         X          X           X          X          X
1991 Lakeshore      Etterman's Super Market                             X      $1,519.37      X
2020 Lakeshore      Sorrento's USA Cafe          X          X           X          X          X
2801 Lakeshore      Muskegon Country Club        X          X           X          X          X
3006 Lakeshore      Bayside Centre               X          X           X      $2,038.87      X
3132 Lakeshore      Line Lodge 57                X          X           X          X          X
3200 Lakeshore      Beach Party Store            X          X           X          X          X
381 Laketon         H & J Market                                        X      $2,670.08      X
939 Laketon         Bohn's Pharmacy                                     X       $251.35       X
1163 Laketon        Flamingo II                  X          X           X          X          X
313 Laketon         Time Out                     X          X           X          X          X
677 Laketon         Main Event                   X          X           X      $1,335.02      X
746 Laketon         Wayne's Deli                 X          X           X          X          X
812 Laketon         Express Lane                 X          X           X          X          X
1031 Laketon        Sand-Bar                     X          X           X          X          X
1075 Laketon        Wesco#13                     X          X           X          X          X
3505 Marina View Pt Docker's Waterfront Cafe                            X      $3,658.80      X
2021 Marquette      Shiva Mart                                          X       $23.14        X
45 E Muskegon       Kwik-Way                                        X     $965.16       X
149 Ottawa          Lodge 1397                   X          X       X        X          X
1934 Peck           Gritrs, Inc.                 X          X       X        X          X
915 Pine            J.P. Allen's             ESCROWED LICENSE - BUILDING TORN DOWN
978 Pine            Brutters                     X          X       X      $898.08
871 Pulaski         Pulaski Lodge                X                  X        X          X
2390 Sherman        Super Stop                   X          X       X     $318.39       X
1825 Sherman        Apple bees                   X          X       X        X          X
840 W Sherman       Walgreen                       BEING TRANSFERRED TO 860 W SHERMAN
1300 W Sherman      Porthole                     X          X       X        X          X
1308 W Sherman      Landmark                     X          X       X        X          X
1508 W Sherman      Someplace Else                                  X     $379.83       X
631 W Southern      Frontier Liquor Shoppe       X          X       X        X          X
601 Terrace Point   Rafferty's Restaurant        X          X       X        X          X
939 Third           Holiday Inn                                     X        X          X
1157 Third          Muskegon Family Foods        X          X       X     $286.00       X
415 W Western       Ashley-Chandler, Ltd.        X          X       X        X          X
441 W Western       Brunswick                    X          X       X        X          X
446 W Western       Racquets                     X          X       X        X          X
452 W Western       AJ Capone's                  X          X       X        X          X
470 WWestern        L. C. Walker Arena           X          X       X        X          X
555 W Western       Mike's                       X          X       X        X          X
625 W Western       Eagles 668                   X          X       X        X          X
1149 Wood           Wood Street Market           X          X       X        X          X
                                                                            •'
                                                                        ti]:F:°;(
                                                                                   r"'\--,,.,,1-i""'
                                                                                      La't,}~-~)l
                                                                        1-"':?f~:,,9        ~   V   blW'
                                                                   .,   "(1'.'--   ~' ,._
TO:            Detective Sgt. Dean Roesler
                                                                                 FEB l 7 2000
FROM:          Det. Kurt Dykman
                                                                   ivri)EGON POLICE DEPT.
DATE:          2-15-00                                                  CHIEF of POLICE

RE:            Annual Renewal
               City Liquor Licensed Establishments



On 2-9-00 I received a listing of all licensed liquor establishments in the city of
Muskegon from the city clerks office as received by the Liquor Control Commission.
A 1999 incident search was done on each establishment with attention given to any
alcohol/liquor reports. No major problems were evident but there were several
establishments that have been cited for the sale of alcohol to minors, some of those have
served a three-day suspension of their license.

Listed below are those with records of those sales:
K.B.'s Market, 1431 Getty- one (I) sale to minor.
Tom's Drink All, 1500 Getty - two (2) sales/minor on the same day. Suspension served
H&J Party Store, 1813 Getty-two (2) sales/minor on the same day.
Express Lane, 1992 S. Getty-one(!) sale to minor.
Sunny Mart, 1100 Hackley - one (I) sale to minor.
H&J Market, 381 Laketon-one (I) sale to minor. Serving suspension, 2-8 to 2-22.
Laketon Pharmacy (Bohn's) - two (2) sales to minors. Suspension served.
Express Lane, 812 W. Laketon-served three day suspension.
Kwik-Way, 45 E Muskegon - served three day suspension.
Super Stop, 2390 Sherman - one (I) sale to minor.
Applebee' s, I 825 E. Sherman - one (I) sale to minor.
Frontier Mart, 631 W. Southern - one (I) sale to minor.
Brunswick Lanes, 441 W. Western-one (I) sale to minor.

The reported incidents at 1149 Wood Street, Wood Street Market, out number any other
establishment in the city. Part of those shown were 37 disorderly person, 24 disorderly
conduct, 3 drug and 2 weapons complaints. There were no alcohol violations that
required LCC action.



Respectfully submitted,


   -
ic~~--
   ~---,·
Detective Kurt Dykman
Affirmative Action
616/724-6703
FAX/724-6790

Assessor
616/724-6708
FAX/724-6768

Cemetery
616/724-6783
FAX/722-4188

Civil Service
616/724-6716
FAX1724-6790                                        West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-6768

Comm, & Neigh.       TO:             LINDA POTTER, DEPUTY CLERK
   Services
616/724-6717
FAX1724-6790
                     FROM:           INSPECTION SERVICE~~
Engineering
616/724-6707
F AX/724-6790
                     DATE:           MARCH 7, 2000
Finance
616/724-6713         RE:             LIQUOR LICENSE RENEWALS
FAX/724-6768

Fire Dept.
616/724-6792
FAX/724-6985
                     The following establishment(s) are not being recommended by the Inspection
                     Services Department for liquor license renewal:
Income Tax
616/724-6770
FAX1724-6768         Brutter's       978 Pine St.
Info. Systems
616/724-6975         The above is due to the re-occurrence of violations being noted on previous bi-annual
FAX1724-6768
                     inspections.
Leisure Service
616/724-6704
FAX/724-6790

Manager's Office
                     RBG/lh
616/724-6724
FAX1724-6790

Mayor's Office
616/724-6701
FAX/724-6790

Neigh. & Const.
   Services
616/724-6715
FAX/724-6790

Planning/Zoning
616/724-6702
FAX/724-6790

Police Dept.
616/724-6750
FAX/722-5140

Public Works
616/724-4100
FAX/722-4188

Treasurer
616/724-6720
FAX/724-6768

Water Dept.
616/724-6718
FAX/724-6768

Water Filtration
616/724-4106
FAX/755-5290               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                         CITY OF MUSKEGON
                     NOTICE OF PUBLIC HEARJNG
                     LIQUOR LICENSE RENEWALS

Please take notice that a public hearing will be held on Tuesday, March 14,
2000, at 5 :30 p.m. for the renewal of liquor licenses held within the City of
Muskegon. The Public Hearing will be held at the Muskegon City Hall, 933
Terrace, Muskegon, Michigan. Any interested person wishing to address the
City Commission regarding this matter is welcome to attend and voice their
opm10ns.

                                      Gail A. Kundinger, CMC/AAE
                                      Muskegon City Clerk




Please publish: February 26 and March 4, 2000

Acct. #101-20215-5354
                 STANDARDS FOR CITY OF MUSKEGON'S ISSUANCE,
                     TRANSFER, RENEWAL OR REVOCATION OF
                 LIQUOR LICENSES WITHIN THE CITY OF MUSKEGON
                  TO ALL LIQUOR LICENSEES LICENSED WITH THE
                  CORPORATE LIMITS OF THE CITY OF MUSKEGON:

PLEASE TAKE NOTICE that the City of Muskegon will oppose the issuance, renewal or
transfer and will move to revoke any existing liquor license issued by the Michigan Liquor
Control Commission for the sale of intoxicating spirits within the City of Muskegon if any
of the following conditions exist:


       1.     The licensee or proposed licensee is not of good
              moral character.

       2.     The licensee or proposed licensee does not have
              sufficient assets for the successful operation of the
              licensed premises.

       3.     The location of the licensed premises has caused, will or
              is likely to cause law enforcement problems beyond the
              present capability of the City's law enforcement
              department to meet.

       4.     The licensed premises or premises proposed by be
              licensed does not comply with established zoning
              ordinances, or building, health, safety and fire codes.

       5. ·   The licensee or proposed licensee is not current in
              payment to the City of Muskegon for taxes,
              assessments, utilities or.other debts.

       6.     The licensee or proposed licensee has not filed an
              Applicant Questionnaire with the Muskegon City Clerk,
              City Hall.


                                             Gail A. Kundinger
                                            Muskegon City Clerk
                  BUSINESS REGULATIONS AND LICENSES                         §   5-270


  ARTICLE XIII. SALE OF BEER, WINE AND SPIRITS*

Sec. 5-270. Applications for issuance or renewal, transfer
            of ownership or location, or revocation, of li-
            cense to sell beer, wine or spirits-Submission;
            contents.
  Applications for approval by the city of the issuance, transfer
of owner or location, or renewal of any license to sell beer, wine
or spirits shall be made to the city commission, in writing, signed
by the applicant, and shall contain the following information:
  (a) Applications for issuance of a new license, or transfer ofan
      existing license to a new licensee or transfer of an existing
      license to a new location:
      (1) The name, age and address of the applicant, in the
           case of an individual; or, in the case of a co-partnership,
           the persons entitled to share in the profits thereof; in
           the case of a corporation, the objects for which organ-
           ized, the names and adi:lresses ofthe officers and direc-
           tors, and, if a majority interest in the stock of such
           corporation is owned by one person or his nominee, the
           name and address of such person;
      (2) The citizenship of the applicant, his place of birth,
           and, if a naturalized citizen, the time and place of his
           naturalization;
      (3) The character of business of the applicant, and in the
           case of a corporation, the object for which it was formed;
      (4) The length of time said applicant has been in business
           of that character, or, in the case of a corporation, the
           date when its charter was issued;
      (5) The location and description of the premises or place
          of business which is to be operated under such license;
      (6) A statement of whether the applicant has made appli-
          cation for a similar or other license on premises other
  *Editor's note-Article XIII, § § 5-270-5-272, is derived from provisions of
                                                                                        i
                                                                                        I
Ord. No. 887, enacted July 26, 1983; inasmuch as said ordinance did not desig-
nate a § 5-272, provisions originally designated as § 5-273 have been renumbered
as § 5-272, at the city's instruction. Provisions establishing an effective date ten
days after passage of said ordinance, designated within the ordinance as§ 5~274,
have been left uncodified, at the discretion of the editor.
Supp. No. 28
                                       431
       § 5-270                       MUSKEGON CODE


                        than described in this application, and the disposition
                        of such application;
                 (7)    A statement that the applicant has never been con-
                        victed of a felony and is not disqualified to receive a
                        license by reason of any matter or thing contained in
                        this article or the laws of the State of Michigan;
                 (8)    A statement that the applicant will not violate any of
                        the laws of the State of Michigan or of the United
                        States or any ordinances of the city in the conduct of
                        its business;
                 (9)    The application shall be accompanied by building and
::ii                    plot plans showing the entire structure and premises
                        and in particular the specific areas where the license
                        is to be utilized. The plans shall demonstrate adequate
                        off-street parking, lighting, refuse disposal facilities
                        and, where appropriate, adequate plans for screening,
                        and noise control;
                 (10)   A statement that the applicant is ir, possession of a
                        certificate of occupancy, as required under city ordi-
                        nances, permitting occupancy of the licensed premises
                        or of the premises to be licensed;
                 (11)   A statement from the applicant and, when applicable,
                        applicant's transferor, that all personal property truces
                        and other fees and charges lawfully due the city from
                        either applicant or applicant's transferor are fully paid.
          (b)     Applications for renewal of an existing license:
                  (1) The length of time said applicant has been in business
                      of that character, or, in the case of a corporation, the
                      date when its charter was issued;
                  (2) A statement that applicant has never been convicted
                      of a felony and is not disqualified to receive a license
                      by reason of any matter or thing contained in this
                      article or the laws of the State of Michigan;                  li
                  (3) A statement that the applicant will not violate any of
                      the laws of the State of Michigan or of the United
                      States or any ordinances of the city in the conduct of
                      its business;
                                                                                     I
       Supp. No. 28
                                             432
                BUSINESS REGULATIONS AND LICENSES               § 5-271


        (4) A statement that the applicant is in possession of a
            current certificate of occupancy, as required under city
            ordinances, permitting occupancy of the licensed premises;
        (5) A statement from the applicant that all personal prop-
            erty taxes and other fees and charges lawfully due the
            city from the applicant are fully paid.
  (c) Applications for revocation of an existing license:
        (1) The name and address of the applicant;
        (2) The name and address of the licensee and the location
            of the licensed premises;
        (3) A statement of the reasons why the city commission
            should recommend revocation of the license. (Ord. No.
            887, 7-26-83)

Sec. 5-271. Same-Standards to be applied by the city com•
            mission in approving or denying applications.
   The following are standards which shall govern the city com•
mission in granting or denying any application for issuance,
renewal, transfer to a new licensee or a new location, or revoca-
tion of any license to sell beer, wine and spirits:
  (a) The applicant, or the partners or shareholders of the appli-
      cant, must be of good moral character whose criminal record
      evidences the applicant's willingness and ability to obey
      city ordinances, state and federal laws, and the regula-
      tions of the Michigan Liquor Control Commission;
  (b)   The chief of police has recommended granting of the appli•
        cation; provided, however, that the chief of police, in de-
        termining whether or not to recommend granting of the
        application, shall apply as standards in so doing, those
        standards set forth in th is Article XIII;
  (c) The applicant must demonstrate, upon request of the city
      manager, that he has sufficient assets for the successful
      operation of the licensed premises;
  (d) The licensed premises has not caused nor will be likely to
      cause law enforcement problems to the degree or extent
Supp. No. 28
                                 433
§   5-271                    MUSKEGON CODE


            that effective law enforcement in the remainder of the city
            has been, or will be, impaired or denied;
     (e) The licensed premises, or premises proposed to be licensed,
         has in full force and effect a certificate of occupancy as
         required pursuant to city ordinances;
     (D     The applicant or applicant's transferor is current in pay-
            ment to the city of personal property taxes, assessments,
            utilities and any other lawful charges due the city;
     (g) That the licensed premises, or premises proposed to be
         licensed, has adequate off-street and on-street parking, light-
         ing, refuse disposal facilities, screening, and noise or nui-
         sance control.
     (h)    The licensed premises, or premises proposed to be licensed,
            is reasonably harmonious with adjacent land uses and with
            the attitudes of adjacent residents and property owners;
            and that the premises have convenient access from abut-
            ting roads which are capable of accommodating increased
            commercial activity. (Ord. No. 887, 7-26-83)
  Atlirmative Action
  616/724-6703
  FAX/722-1214

  Assessor
  616/724-6708
  FAX/724-4178

  Cemetery
  616/724-6783
  FAX/726-5617

 Civil Service
 616/724-6716
 FAX/724-6790                                   West Michigan's Shoreline City
 Clerk
 616/724-6705
 F AX/724-4178

 Comm. & Neigh.
    Services           February 9, 2000
 616/724-6717
 FAX1726-2501

 Engineering
 616/724-6707
 FAX/727-6904          To Whom It May Concern:
 Finance
 616/724-6713
 FAX/724-6768
                       The City Commission of the City of Muskegon will be holding a public hearing
 Fire Dept.            on Tuesday, March 14, 2000, at 5:30 p.m. for the renewal of liquor licenses that
 616/724-6792
 FAX/724-6985          are located within the City Limits.
 Income Tax
 616/724-6770          Enclosed is a Renewal Questionnaire that must be completed and returned by
 FAX/724-6768
                       Monday, March 6, 2000, along with a copy of your Certificate of Occupancy.
 Info. Systems         Also, all debts that are due to the City of Muskegon must be paid at this time, and
 616/724-6975
 FAXfl24-6768          a check for $100 for the liquor license renewal must be sent.
 Leisure Service
 616/724-6704          If you have any questions, please do not hesitate to call me at (231) 724-6916.
 FAX/724-6790

 Manager's Office      Sincerely,
 616/724-6724
 FAX/722-1214

 Mayor's Office
                        (}~CJ,&t,!/JU
 616/724-6701
 FAX/722-1214          Gloria Coburn
 Neigh. & Const.       Departmental Secretary
    Services
 616/724-6715
 FAX/726-2501          Enc.
 Planning/Zoning
 616/724-6702
 FAX/724-6790

  Police Dept.
  616/724-6750
- FAX1722-5140

 Public Works
 616/724-4100
 FAX/722-4188

 Treasurer
 616/724-6720
 FAX/724-6768

 Water Dept.
 616/724-6718
 li'AX/724-6768

 Waler Filtration
 616/724-4106
 FAX/755-5290           City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                                                                             Bus
Hus Type: R Retail Major: 10          Mw Major            County ID     61     county       MUSKEGON         ID    12989
Address    821 APPLE,MUSKEGON, MI, 49442
current LGU Name :   MUSKEGON CITY                               LGU    G375
Original LGU Name :      MUSKEGON CITY                                  Bars        0
Licensee       RITE AID OE' MICHIGAN, INC.                                  Phone       (231)722-7123   File No     G-15924
OBA:      RITE-AID DISCOUNT PHARMACY #3326
  License       SDD-18901-1999             Non-Transferable     No     Permits          SUNDAY SALES

  License       SDM-19150-1999             Non-Transferable     No     Permits


                                                                                                             Bus
Bus Type: R Retail Major:        03   Mw Major:           county ID    61      County      MUSKEGON          ID    6682
Address       1480 APPLE,MUSKEGON, MI, 49442
current LGU Name :      MUSKEGON CITY                            LGU    G375
Original LGU Name :   MUSKEGON CITY                                     Bars        0
Licensee    MICHIGAN PIZZA HUT, INC,                                     Phone          (616)983-3888   File No     G-9465
OBA :  PIZZA HUT
  License :     TAVERN-16-1999             Non-Transferable    No      Permits          FOOD


                                                                                                             Bus
Bus Type : R Retail Major: 11         Mw Major:           County ID    61      County      MUSKEGON          ID    13739
Address       1301 E APPLE,MUSKEGON, MI, 49442
current LGU Name :     MUSKEGON CITY                             LGU    G375
Original LGU Name : MUSKEGON CITY                                       Bars        0
Licensee  SINGH, GURMEET                                                 Phone          (231)777-3696   File No     G-16634
DBA: DASMESH MART
  License :     SDM-2721-1999              Non-Transferable    No      Permits




                                                                                                             Bus
Bus Type : R Retail Major : 09        Mw Major :          County ID    61      county      MUSKEGON          ID    8267
Address    2330 BARCLAY,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                              LGU     G375
Original LGU Name       MUSKEGON CITY                                  Bars         0
Licensee       LOYAL ORDER OF MOOSE 491                                  Phone          (231)759-0212   Fi1e No    G-1324
DBA :
 License       CLUB-20279-1999             Non-Transferable    No      Permits          SUNDAY SALES, DANC-ENT, 00-SERV
                                                                                                                 Bus
Rus Type : R Retail Major :        01   Mw Major            County ID    61      County       MUSKEGON           ID    4 4 95
Address        1601 BEACH,MUSKEGON, MI, 49441
current LGU Name :        MUSKEGON CITY                            LOU    8375
Original LGU Name :        MUSKEGON CITY                                  Bars        2
Licensee        MARQUETTE, INC.                                               Phone       {231) 755-5400   File No        G-15990
OBA:       JALAPENO'S BEACH BAR
  License        CLASSC-6902-1999            Non-Transferable     No     Permits          SUNDAY SALES, FOOD, DANCE, ENT-WO, OD-
                                                                                          SERV
  License        SDM-18506-1999              Non-Transferable     No     Perm1ts


                                                                                                                 Bus
Bus Type : R Retail Major :        01   Mw Major :          County ID    61      County       MUSKEGON           ID    247
Address        1635 BEIDLER,MUSKEGON, MI, 49441
current LGU Name :        MUSKEGON CITY                            LOU    G375
Original LGU Na.me :       MUSKEGON CITY                                  Bars        1
Licensee        STAR 4, INC.                                               Phone          1231)722-9315    File No        G-15513
DBA:       WESTSIDE INN
  License        CLASSC-389-1999             Non-Transferable     No     Permits          SUNDAY SALES, DANCE

  License        SDM-13947-1999              Non-Transferable     No     Permits


                                                                                                                 Bus
Bus Type : R Retail Major :        09   Mw Major :          County ID    61      County      MUSKEGON            ID    8270
Address        3198 EDGEWATER,MUSKEGON, MI, 49441
current LGU Name :        MUSKEGON CITY                            LGU    G375
Original LGU Name :        MUSKEGON CITY                                 Bars         0
Licensee        MUSKEGON YACHT CLUB                                        Phone          (231)755-1414    File No     G-2259
DBA :

  License        CLUB-20282-1999             Non-Transferable    No      Permits          SUNDAY SALES, DANCE


                                                                                                                 Bus
Bus Type : R Retail Major :        01   Mw Major            county ID    61      county      MUSKE:GON           ID    131452
Address        817 FOREST,MUSKEGON, MI,    49442
current LGU Name :        MUSKEGON CITY                            LOU    G375
Original LGU Name:         MUSKEGON CITY                                 Bars         1
Licensee        BREWER ENTERPRISES II, INC.                                Phone          (231)773-1137    File No     G-17410
DBA:       CLOVER BAR
  License        CLASSC-73442-1999           Non-Transferable    No      Permits          SUNDAY SALE:S, DANCE

  License        SDM-73443-1999              Non-Transferable    No      Permits


                                                                                                                 Bus
Bus Type : R Retail Major :        09   Mw Major:           County ID    61      County      MUSKE:GON           ID    9091
Ad.dress       3425 FULTON,MUSKEGON, MI, 49441
Current LGU Name :        MUSKEGON CITY                            LOU    G375
Original LGU Name :        MUSKEGON CITY                                 Bars         O
Licensee        HARBOUR TOWNE YACHT CLUB                                   Phone          (231)755-4892    File No     G-16202
DBA :

  License        CLUB-21267-1999            Non-Transferable     No      Permits          SUNDAY SALE:S, DANCE, OD-SERV

  License        SDM-2590-1999              Non-Transferable     No      Permits
                                                                                                                     Bus
Hus Type : R Retai1 Major :             11   Mw   Major:          county ID     61      County      MUSKEGON         ID    14811
Address           1431 GETTY,MUSKEGON, MI, 49442
r.urrent LGU Name :             MUSKEGON CITY                            LGU     G375
Original LGU Name :              MUSKEGON CITY                                  Bars        0
Licensee           BOONE, SHAUNA S                                                  Phone        (231)722-6488   File No    G-16387
flBA :    K. 8. 'S MARKET
  License           SDM-7205-1999                  Non-Transferable     No     Permits


                                                                                                                     Bus
Bus Type : R Retail Major :            10    Mw Major             County ID     61      County      MUSKEGON         ID    12710
Address           1500 GETTY,MUSKEGON, MI, 49442
current LGU Name :              MUSKEGON CITY                            LGU    G375
original LGU Name :              MUSKEGON CITY                                  Bars        0
Licensee           STAR 5, INC.                                                     Phone        (231)777-6073   File No    G-15914
DBA :     TOM I S DRINK ALL
  License           SDD-18505-1999                 Non-Transferable     No     Permits          SUNDAY SALES

  License           SDM-546-1999                   Non-Transferable     No     Permits


                                                                                                                     Bus
Bus Type : R Retail Major :            11    Mw Major:            County ID     61      county      MUSKEGON         ID    15984
Address           1813 GETTY,MUSKEGON, MI,        49442
current LGU Name :             MUSKEGON CITY                             LGU    G375
Original LGU Name :              MUSKEGON CITY                                  Bars        0
Licensee           H   &   J, INC.                                                Phone          (231)728-2587   File No   G-16264
DBA:      H   &   J PARTY STORE
  License :         SDM-12071-1999                 Non-Transferable    No      Permits


                                                                                                                     Bus
Bus Type : R Retail Major :            01    Mw Major:            County ID    61      County       MUSKEGON         ID    1614
Address           157 N GETTY,MUSKEGON, MI, 49442
current LGU Name               MUSKEGON CITY                             LGU    G375
original LGU Name :              MUSKEGON CITY                                  Bars        2
Licensee           JOEY' s PLACE, INC.                                            Phone          (231)726-5041   File No   G-16295
DBA:      JOEY'S PLACE
  License           CLASSC-2538-1999               Non-Transferable    No      Pertn:i.ts       SUNDAY SALES, FOOD, DANCE, OD-SERV

  License           SDM-7773-1999                  Non-Transferable    No      Permits


                                                                                                                     Bus
Bus Type : R Retail Major :            09    Mw Major :           County ID    61      County       MUSKEGON         ID    8273
Address           165 N GETTY,MUSKEGON, MI, 49442
current LGU Name               MUSKEGON CITY                            LGU     G375
Original LGU Name :              MUSKEGON CITY                                  Bars        O
Licensee           VETERANS Of FOREIGN WARS, POST #446                            Phone          (231)722-3282   File No   G-2087
DBA :

  License           CLUB-20286-1999                Non-Transferable    No      Permits          SUNDAY SALES, DANC-ENT
Rus Type: R Retail Major : 11       Mw    Major:           county ID     61     county      MUSKEGON                 17547
Address    1992 S GETTY,MUSKEGON, MI, 49442
current LGU Name :   MUSKEGON CITY                                LGU    G375
Original LGU Name :       MUSKEGON CITY                                  Bars      O
Licensee       CINDY'S FOOD MARTS, INC.                                   Phone          (231) 722-1763   File No     G-15885
DBA:      EXPRESS LANE
  License :     SDM-18618-1999              Non-Transferable     No     Perznits         GAS PUMP


                                                                                                               Bus
Bus Type : R Retail Major : 11      Hw Major:              County ID     61     County      MUSKEGON           ID    131132
Address    1100 HACKLEY,MUSKEGON, MI, 49441
current LGU'Name :  MUSKEGON CITY                                 LGU    G375
Original LGU Name :       MUSKEGON CITY                                  Bars      0
Licensee       SINGH, CHARANJIT                                           Phone          (231)759-0120    File No    G-17411
DBA:      SUNNY MART
  License·:     SDM-73460-1999              Non-Transferable    No      Perznits


                                                                                                               Bus
Bus Type : R Retail. Major : 09     Mw    Major :          County ID    61      County      MUSKEGON           ID    8700
Address    1014 W HACKLEY,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                LGU    G375
Original LGU Name :      MUSKEGON CITY                                   Bars      0
Licensee       POLISH FALCONS LODGE-276                                   Phone          (231)755-1232    File No    G-959
DBA :
  License       CLUB-20789-1999             Non-Transferable    No      Perznits         SUNDAY SALES, DANCE


                                                                                                               Bus
Bus Type : R Retail Major : 09      Mw Major               County ID    61      County      MUSKEGON           ID    8344
Address       1890 HENRY,MUSKEGON, MI, 49441
current LGU Name :       MUSKEGON CITY                            LGU    G375
original LGU Name :       MUSKEGON CITY                                  Bars      0
Licensee       POLISH ROMAN CATHOLIC UNION OF AMERICA, ST. MICHAEL'S      Phone          (231)755-6279    File No    G-2804
               LODGE# 78
DBA :

  License       CLUB-20364-1999            Non-Transferable     No      Permits        SUNDAY SALES, DANCE

  License       SDM-11972-1999             Non-Transferable     No      Perznits


                                                                                                               Bus
Bus Type : R Retail Major : 01      Hw Major:              County ID    61      County      MUSKEGON           ID    1793
Address       2064 HENRY,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                LGU    G375
Original LGU Name :   MUSKEGON CITY                                      Bars      1
Licensee    STAR 8, INC,                                                  Phone          (231)755-2791    File No    G-16061
DBA :     DJ'S PUB
  License       CLASSC-2804-1999           Non-Transferable     No      Perznits       SUNDAY SALES, DANCE

  License       SDM-6171-1999              Non-Transferable     No      Permits
Hus Type : R Retail Major : 01        Mw Major            county ID    61      County           MUSKEGON             3636
Address       2185 HENRY,MUSKEGON, MI, 49441
current LGU Name :      MUSKEGON CITY                            LGU    G375
original LGU Name :    MUSKEGON CITY                                    Bars        1
Licensee     TAVERN ON HENRY, INC.                                          Phone       (616) 759-0046     File No    G-16304
DBA ;  ADOLPH I S
  License       CLASSC-5589-1999           Non-Transferable     No     Permits          SUNDAY SALES, ENT-WO

  License       SDM-5015-1999              Non-Transferable     No     Permits


                                                                                                               Bus
Bus Type : R Retail Major:       01   Mw Major:           County ID    61      County       MUSKEGON           ID    5117
Address       2410 HENRY,MUSKEGON, MI, 49441
current LGU Name :      MUSKEGON CITY                            LGU    G375
Original LGU Name :      MUSKEGON CITY                                  Bars        2
Licensee   D00 DROP INN, WEST, INC,                                         Phone       (231)755-3791      File No    G-13999
DBA : D00 DROP INN
  License       CLASSC-7855-1999          Non-Transferable     No      Permits          SUNDAY SALES, FOOD, DANCE

  License       SDM-17854-1999            Non-Transferable     No      Permits


                                                                                                               Bus
Bus Type : R Retail Major:       01   Hw Major            County ID    61      County       MUSKEGON           ID    4 594
Address       2546 HENRY,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                               LGU    G375
Original LGU Name :   MUSKEGON CITY                                    Bars         1
Licensee    TOP SPIN, INC.                                               Phone          (231)755-5008      File No   G-17129
DBA :  THE SARDINE ROOM
  License       CLASSC-7047-1999          Non-Transferable     No      Permits          SUNDAY SALES, FOOD, DANCE

  License       SDM-11055-1999            Non-Transferable     No      Permits


                                                                                                               Bus
Bus Type : R Retail Major:       03   Mw Major:           County ID    61      county       MUSKEGON           ID    6713
Address       2590 HENRY,MUSKEGON, MI, 49441
current LGU Name :      MUSKEGON CITY                            LGU    G375
Original LGU Name :   MUSKEGON CITY                                    Bars         0
Licensee    MICHIGAN PIZZA HUT, INC.                                    Phone           {616)983:-3888     File No   G-10292
DBA: PIZZA HUT
  License :    TAVERN-116-1999            Non-Transferab1e     No      Permits          E'OOD


                                                                                                               Bus
Bus Type    : R Retail Major : 09  Mw Major :             County ID    61      county       MUSKEGON           ID    8269
Address       1763 LAKESHORE,MUSKEGON, MI, 4 94 41
current LGU Name :   MUSKEGON CITY                               LGU    G375
original LGU Name :   MUSKEGON CITY                                    Bars         0
Licensee    MUSKEGON RECREATION CLUB                                     Phone          {231)755-7217      File No   G-515
DBA :

  License      CLUB-20281-1999            Non-Transferable     No      Permits          SUNDAY SALES
                                                                                                              Bus
Bus Type : R Retail Major : 09        Mw Major:            County ID     61     County      MUSKEGON          ID    8348
Address       1777 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :         MUSKEGON CITY                          LGU    G375
Original LGU Name :         MUSKEGON CITY                                Bars      0
Licensee       LAKESIDE CLUB INC.                                         Phone          (231)755-2763   File No    G-2830
OBA!

  License       CLUB-20369-1999             Non-Transferable    No      Permits          SUNDAY SALES, DANC-ENT, 00-SERV


                                                                                                              Bus
Bus Type : R Retail Major : 11 Mw Major :                  county ID    61      county      MUSKEGON          ID    17053
Address    1930 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                LGU    G375
original LGU Name :   MUSKEGON CITY                                      Bars      0
Licensee    FELINSKI, BILL W                                              Phone          (231)759-8624   File No    G-13047
DBA :     LAKEVIEW MART
  License :     SDM-16552-1999              Non-Transferable    No      Pertnits       GAS PUMP


                                                                                                             Bus
Bus Type : R Retail Major : 01 Mw Major :                  County ID    61      county      MUSKEGON          ID    2212
Address      1963 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :     MUSKEGON CITY                              LGU    G375
Original LGU Name :     MUSKEGON CITY                                    Bars   1
Licensee      LAKESHORE TAVERN, INC.                                      Phone          (231)759-7604   File No    G-16614
DBA:    LAKESHORE TAVERN
  License       CLASSC-3418-1999            Non-Transferable    No      Permits        SUNDAY SALES, DANCE

  License       SDM-18283-1999              Non-Transferable    No      Permits


                                                                                                             Bus
Bus Type : R Retail Major : 10        Mw Major :           County ID    61      County      MUSKEGON          ID    12446
Address    1965 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :    MUSKEGON CITY                               LGU    G375
original LGU Name :    MUSKEGON CITY                                     Bars      0
Licensee     LAKESIDE PHARMACY, INC.                                      Phone          {231)755-2673   File No    G-15589
DBA :  LAKESIDE PHARMACY
  License       SOD-18075-1999              Non-Transferable    No      Permits        SUNDAY SALES

  License       SDM-15347-1999              Non-Transferable    No      Permits


                                                                                                             Bus
Bus Type : R Retail Major : 01        Mw Major :           County ID    61      County      MUSK8GON          ID    1683
Address       1983 LAKESHOR8,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                LGU    G375
Original LGU Name !   MUSKEGON CITY                                      Bars   1
Licensee    MARINE TAP ROOM, INC.                                         Phone          (616)755-5581   File No    G-14780
DBA:    MARINE TAP   &    GRILL
 License        CLASSC-2644-1999            Non-Transferable    No      Permits        SUNDAY SALES

 License        SDM-15268-1999              Non-Transferable    No      Pertnits
                                                                                                          Bus
Bus Type : R Retail Major : 11     Mw Major :          County ID     61     county       MUSKEGON         ID    17076
Address       1991 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :  MUSKEGON CITY                             LGU    G375
original LGU Name :   MUSKEGON CITY                                  Bars      0
Licensee    ETTERMAN'S SUPER MARKET, INC.                             Phone          (231)759-0382   File No     G-11129
DBA:

  License      SDM-16639-1999           Non-Transferable     No     Permits          DIR-CON - 1


                                                                                                         Bus
Bus Type : R Retail Major : 01 Mw Major :              County ID    61      county      MUSKEGON          ID    2835
Address    2020 LAKESHORE,MUSKEGON, MI, 4 9441
current LGU Name :   MUSKEGON CITY                            LGU    G375
original LGU Name :   MUSKEGON CITY                                  Bars      1
Licensee    SORRENTO RESTAURANT, INC.                                 Phone          (231)755-7454   File No     G-16047
DBA : SORRENTO'S USA CAFE
  License :    CLASSC-4356-1999         Non-Transferable     No     Permits          SUNDAY SALES


                                                                                                         Bus
Bus Type : R Retail Major: 09 Mw Major :               County ID    61      County      MUSKEGON         ID     8268
Address    2801 LAKESHORE,MUSKEGON, MI; 4 9441
current LGU Name :   MUSKEGON CITY                            LGU    G375
original LGU Name :   MUSKEGON CITY                                  Bars      0
Licensee    MUSKEGON COUNTRY CLUB                                     Phone          {231)755-3737   File No    G-1544
DBA :

  License      CLUB-20280-1999          Non-Transferable    No      Permits          SUNDAY SALES, DANC-ENT, 00-SERV

  License      SDM-6606-1999            Non-Transferable    No      Permits


                                                                                                         Bus
Bus Type : R Retail Major : 01 Mw Major :              County ID    61      county      MUSKEGON         ID     4352
Address    3006 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                            LGU   G375
Original LGU Name :    MUSKEGON CITY                                Bars       1
Licensee     PINK SHELL, INC.                                        Phone           (616)759-1221   File No    G-17013
DBA: BAYSIDE CENTRE
  License      CLASSC-6685-1999        Non-Transferable     No      Permits        SUNDAY SALES, FOOD, DANCE, ENT-WO, OD-
                                                                                   SERV, DIR-CON - 2
  License      SDM-13179-1999          Non-Transferable     No      Permits        DIR-CON - 2


                                                                                                         Bus
Bus Type : R Retail Major : 09 Mw Major :              county ID    61      county      MUSKEGON         ID     8266
Address    3132 LAKESHORE,MUSKEGON, MI, 49441
current LOU Name :   MUSKEGON CITY                           LGU    G375
original LGU Name     MUSKEGON CITY                                 Bars       0
Licensee    LINNE LODGE 57, I.O.V.                                   Phone           (231)755-1892   File No    G-1494
DBA :
 License       CLUB-20278-1999         Non-Transferable     No      Pennits        SUNDAY SALES, DANCE
                                                                                                                 Bus
Hus· Type      R Retail Major :      10   Mw Major :          County ID     61      County      MUSKEGON          ID    17494
Address    3200 LAKESHORE,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                   LGU     G375
Original LGU Name     MUSKEGON CITY                                         Bars        0
Licensee  BEACH PARTY STORE, INC.                                            Phone           (616)755-3381   File No     G-16029
DBA: BEACH PARTY STORE
  License          SDD-73383-1999              Non-Transferable     No     Permits          SUNDAY SALES, DIR-CON - 3

  License          SDM-18424-1999              Non-Transferable     No     Permits          DIR-CON - 3


                                                                                                                 Bus
Bus Type : R Retail Major : 11 Mw Major :                     county ID     61      County      MUSKEGON         ID     130731
Address    381 E LAKETON,MUSKEGON, MI, 49442
current LGU Name     MUSKEGON CITY                                   LGU    G375
Original LGU Name :   MUSKEGON CITY                                         Bars        0
Licensee          H & J,   INC.                                              Phone           (616)728-0408   File No     G-17345
DBA :     H & J   MARKET
  License :        SDM-72498-1999              Non-Transferable     No     Permits                                                 .




                                                                                                                 Bus
Bus Type : R Retail Major : 10            Mw Major :          county ID    61      County       MUSKEGON         ID     10775
Address    939 E LAKETON,MUSKEGON, MI, 49442
current LGU Name     MUSKEGON CITY                                   LGU    G375
Original LGU Name :   MUSKE:GON CITY                                        Bars        0
Licensee   LAKE:TON PHARMACY, L. L. c.                                          Phone       {231)722-2436    File No    G-17091
DBA: BOHN'S PHARMACY
  License          SDD-14200-1999              Non-Transferable    No      Permits

  License         SDM-1313-1999                Non-Transferable    No      Permits


                                                                                                                 Bus
Bus Type : R Retail Major : 01            Mw Major :          county ID    61      County       MUSKEGON         ID     6155
Address    1163 E LAKETON,MUSKEGON, MI, 49442
Current LGU Name :   MUSKEGON CITY                                   LGU    G375
Original LGU Name :   MUSKEGON CITY                                         Bars        1
Licensee          l?NSif9, INC.                                              Phone          (231)722-1679    File No    G-15030
DBA:    THE FLAMINGO II
  License         CLASSC-9479-1999             Non-Transferable    No      Permits          SUNDAY SALES, FOOD

  License         SDM-16305-1999               Non-Transferable    No      Perinits


                                                                                                                 Bus
Bus Type : R Retail Major : 01 Mw Major :                     County ID    61      County       MUSKEGON         ID     3015
Address    313 W LAKETON,MUSKEGON, MI, 49441
current LGU Name     MUSKEGON CITY                                  LGU     G375
Original LGU Name :   MUSKEGON CITY                                        Bars         1
Licensee    THE CASTLE INN, INC.                                             Phone          [231) 722-9481   File No    G-8547
DBA :   TIME   OUT

  License         CLASSC-4616-1999            Non-Transferable     No      Permits          SUNDAY SALES, DANC-ENT

  License         SDM-7573-1999               Non-Transferable     No      Permits
                                                                                                                               Bus
Hus Type : R Retail Major :        01   Mw Major :              County ID        61      County             MUSKEGON           ID    4853
Address        677 W LAKETON,MUSKEGON, MI, 49441
current LOU Name         MUSKEGON CITY                                    LGU     G375
Original LGU Name :       MUSKEGON CITY                                          Bars             1
I.icensee      MAIN EVENT OF MUSKEGON, INC.                                           Phone            I 231 l 722-0033   File No     G-14501
DBA :     MAIN EVENT
  License       CLASSC-7459-1999             Non-Transferable        No         Permits               SUNDAY SALES, DANC-ENT

  License       SDM-17180-1999               Non-Transferable        No         Permits


                                                                                                                              Bus
Bus Type : R Retail Major :        10   Mw Major :              County ID        61      county             MUSKEGON          ID     131208
Address    746 W LAKETON,MUSKEGON, MI, 494 41
current LGU Name     MUSKEGON CITY                                    LGU        G375
original LGU Name :       MUSKEGON CITY                                          Bars         0
Licensee       THE BOGS CORP.                                                         Phone            (231) 722-6833     File No     G-17370
DBA :     WAYNE'S DELI
  License       SDD-72921-1999               Non-Transferable        No         Permits

  License       SDM-72922-1999·              Non-Transferable        No         Permits


                                                                                                                              Bus
Rus Type : R Retail Major :       11    Mw Major :          County ID            61      County             MUSKEGON          ID     15021
Address       812 W LAKETON,MUSKEGON, MI, 4 94 41
current LGU Name         MUSKEGON CITY                                LGU        G375
original LGU Name :       MUSKEGON CITY                                          Bars         0
Licensee       CINDY Is FOOD MARTS, INC.                                             Phone            (231)755-4887       File No     G-16069
DBA :     EXPRESS LANE
  License :     SDM-8061-1999                Non-Transferable        No         Penni ts              GAS   PUMP


                                                                                                                              Bus
Bus Type : R Retail Major :       01    Mw Major :          County ID           61      county              MUSKEGON          ID     976
Address       1031 W LAKETON,MUSKEGON, MI, 49441
current LGU Name:        MUSKEGON CITY                                LGU        G375
Original LGU Name:        MUSKEGON CITY                                          Bars         1
Licensee       TONY'S SAND BAR, INC.                                              Phone               (231)759-0348       File No    G-13507
DBA:      THE SAND-BAR
  License       CLASSC-1531-1999             Non-Transferable        No         Permits               SUNDAY SALES, DANCE

  License       SDM-2883-1999                Non-Transferable        No         Permits



                                                                                                                              Bus
Bus Type : R Retail Major :       11    Mw Major :          County ID           61      County              MUSKEGON          ID     16027
Address       1075 W LAKETON,MUSKEGON, MI, 4 9441
Current LGU Name :       MUSKEGON CITY                                LGU        G375
original LGU Name :       MUSKEGON CITY                                         Bars          0
Licensee       WESCO, INC.                                                        Phone               (231)722-0200       File No    G-15722
DBA :   WESCO #13
  License :     SDM-12262-1999               Non-Transferable        No         Permits               GAS   PUMP
                                                                                                                       Bus
Bus Type : R Retail Major : 01        Mw Major :             County ID        61      County       MUSKEGON            ID    2886
Address    3505 MARINA VIEW POINT,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                     LGU     G375
Original LGU Name :   MUSKEGON CITY                                           Bars         2
Licensee    DOCKERS, INC.                                                      Phone            (231)755-6292     File No     G-16296
DBA:    DOCKER'S WATERFRONT CAFE
  License         CLASSC-4426-1999         Non-Transferable       No         Permits           SUNDAY SALES, FOOD, DANCE, ENT-WO, OD-
                                                                                               SERV
  License         SDM-8921-1999            Non-Transferable       No         Permits


                                                                                                                      Bus
Bus Type : R Retail Major : 11        Mw Major :          County ID           61      County       MUSKEGON            ID    15124
Address     2021 MARQUETTE,MUSKEGON, MI, 49442
Current LGU Name :    MUSKEGON CITY                                LGU         G375
Original LGU Name :    MUSKEGON CITY                                          Bars         0
Licensee     GUPTA, INDU                                                           Phone       (231)777-2836      File No     G-17051
DBA :  SHIVA MART
  License :       SDM-8502-1999            Non-Transferable       No         Permits


                                                                                                                      Bus
Bus Type : R Retail Major : 10 Mw Major :                 County ID           61      County       MUSKEGON           ID     10578
Address     45 E MUSKEGON,MUSKEGON, MI, 49440
current LGU Name :    MUSKEGON CITY                                LGU        G375
original LGU Name :    MUSKEGON CITY                                          Bars         0
Licensee     H & J, INC.                                                       Phone           I 231 I 728-2587   File No     G-16624
DBA: KWIK-WAY
  License         SDD-13755-1999           Non-Transferable       No         Permits           SUNDAY SALES

  License         SDM-8045-1999            Non-Transferable       No         Permits


                                                                                                                      Bus
Bus Type :    R   Retail Major : 09   Mw Major            county ID           61     County        MUSKEGON           ID     8754
Address    149 OTTAWA,MUSKEGON, MI, 49442
current LGU Name :   MUSKEGON CITY                                 LGU        G375
Original LGU Name :   MUSKEGON CITY                                           Bars         0
Licensee    I,B.P.O.E. OF W. CHARITY LODGE #1397                               Phone           (231)722-0736      File No    G-7 970
DBA :

  License         CLUB-20856-1999         Non-Transferable        No         Permits           SUNDAY SALES, DANCE


                                                                                                                      Bus
Bus Type : R Retail Major: 01 Mw Major                    County ID          61      County       MUSKEGON            ID     3693
Address     1934 PECK,MUSKEGON, MI, 49441
Current LGU Name :    MUSKEGON CITY                                LGU        G375
original LGU Name :     MUSKEGON CITY                                         Bars         1
Licensee     GRIFF'S, INC.                                                     Phone           (231)726-2100      File No    G-15552
DBA ;   HALLEY'S TAVERN
 License          CLASSC-5686-1999        Non-Transferable        No         Pertnits          SUNDAY SALES

 License          SDM-876-1999            Non-Transferable        No         Permits
                         .
                                                                                                                   Bus
Bus Type :    R Retail Major         01   Mw Major             county ID     61     County       MUSKEGON          ID    2818
Address       915 PINE,MUSKEGON, MI,         49442
r.urrent LGU Name :          MUSKEGON CITY                            LGU    G375
Original LGU Na.me :          MUSKEGON CITY                                  Bars        1
Licensee       BPPA ENTERPRISE, INC.                                             Phone       (231) 728-3207   File No     G-11942
DBA:      J. P. ALLEN'S
  License       CLASSC-4327-1993                Non-Transferable     No     Permits          DANCE



                                                                                                                   Bus
Bus Type :    R Retail Major:        01   Mw Major             County ID     61     County       MUSKEGON          ID    1738
Address       978 PINE,MUSKEGON, MI,         49442
current LGU Name :           MUSKEGON CITY                            LGU    G375
Original LGU Name :           MUSKEGON CITY                                  Bars        1
Licensee       BRUTTERS, INC.                                                    Phone       (231)726-1485    File No     G-16317
OBA :     BRUTTERS

  License       CLASSC-2724-1999                Non-Transferable     No     Permits          SUNDAY SALES, FOOD, DANCE, ENT-WO

  License       SDM-7509-1999                   Non-Transferable     No     Permits


                                                                                                                   Bus
Bus Type : R Retail Major:          09    Mw Major:            county ID    61      County      MUSKEGON           ID    8271
Address       871 PULASKI,MUSKEGON, MI, 49441
current LGU Name :           MUSKEGON CITY                            LGU    G375
Original LGU Name:            MUSKEGON CITY                                  Bars        0
Licensee       POLISH NATIONAL ALLIANCE CASMIER PULASKI LODGE GROUP           Phone          (231)755-7551    File No    G-2390
               2809
DEA :

  License       CLUB-20284-1999                 Non-Transferable    No      Permits          SUNDAY SALES, DANCE


                                                                                                                   Bus
Bus Type :    R Retai1 Major: 10          Mw Major :           County ID    61      County      MUSKEGON           ID    12560
Address       2390 SHERMAN,MUSKEGON, MI, 49441
Current LGU Name :           MUSKEGON CITY                            LGU    G375
Original LGU Name:            MUSKEGON CITY                                  Bars        0
Licensee       DAUGHERTY, JEFFREY T                                           Phone          (231)755-2966    File No    G-15738
DBA:      SUPER STOP
  License       SDD-18271-1999                  Non-Transferable    No      Permits          SUNDAY SALES

  License       SDM-9970-1999                   Non-Transferable    No      Permits


                                                                                                                   Bus
Bus Type :    R Retail Major:       05    Mw Major :           County ID    61      County      MUSKEGON           ID    7216
Address       1825 E SHERMAN,MUSKEGON, MI,           49444
current LGU Name :           MUSKEGON CITY                           LGU     G375
Original LGU Name :           MUSKEGON CITY                                 Bars         1
Licensee       APPLEBEE'S OF MICHIGAN, INC.                                   Phone          (231)737-0345    File No    G-16147
                     1
DBA:    APPLEBEE S NEIGHBORHOOD GRILL & BAR
 License :  cc RES-40831-1999       Non-Transferable                Yes     Permits          SUNDAY SALES, FOOD
 MCL Code Number:   MCL 436.1531(4)
                                                                                                                    Bus
                                                                  d
Hus Type : R Retail Major: 10           Mw Major:               County ID     61     County       MUSKEGON          ID    9976
Address    840 W SHERMAN,MUSKEGON, MI, 49441
current LGU Name     MUSKEGON CITY                                     LGU    G375
original LGU Name :        MUSKEGON CITY                                      Bars        0
Licensee         WALGREEN CO. {AN ILLINOIS CORPORATION)                           Phone       {231)759-8589    File No     G-8921
nBA :

  License         SDD-12195-1999             Non-Transferable         No     Permits          SUNDAY SALES

  License         SDM-739-1999               Non-Transferable         No     Permits


                                                                                                                    Bus
Bus Type: R Retail Major: 01 Mw Major :                     County ID         61     county       MUSKEGON          ID    3139
Ad.dress   1300 W SHERMAN,MUSKEGON, MI, 49441
Current LGU Name :   MUSKEGON CITY                                     LGU    G375
Original LGU Name : MUSKEGON CITY                                             Bars        1
Licensee  THE PORT HOLE, INC.                                                  Phone          {231)755-1304    File No     G-11049
DBA: PORTHOLE BAR
  License         CLASSC-4819-1999           Non-Transferable         No     Permits          SUNDAY SALES

  License         SDM-7414-1999              Non-Transferable         No     Permits


                                                                                                                    Bus
Bus Type: R Retail Major : 01 Mw Major :                    County ID        61      County       MUSKEGON          ID    2199
Address    1308 W SHERMAN,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                     LGU    G375
Original LGU Name :   MUSKEGON CITY                                           Bars   1
Licensee    THE MUSKEGON LANDMARK, INC.                                        Phone          (231)755-6818    File No    G-13644
OBA :  LANDMARK
  License        CLASSC-3401-1999            Non-Transferable         No     Permits          SUNDAY SALES, DANCE

  License        SDM-11523-1999              Non-Transferable         No     Permits


                                                                                                                    Bus
Bus Type : R Retail Major: 01 Mw Major :                    County ID        61      County      MUSKEGON           ID    1061
Ad.dress   1508 W SHERMAN,MUSKEGON, MI, 49441
current LGU Name :   MUSKEGON CITY                                     LGU    G375
Original LGU Name     MUSKEGON CITY                                           Bars        1
Licensee    SALLY ANDERSON CORPORATION                                         Phone          (616)759:-8525   File No    G-14132
OBA: SOMEPLACE ELSE III
  License        CLASSC-1651-1999            Non-Transferable         No     Permits          SUNDAY SALES

  License        SDM-18674-1999              Non-Transferable         No     Permits


                                                                                                                    Bus
Bus Type :   R   Retail Major : 10      Mw Major :          County ID        61      County      MUSKEGON           ID    10868
Address    631 W SOUTHERN,MUSKEGON, MI, 49441
current LGU Name     MUSKEGON CITY                                     LGU    G375
original LGU Name :   MUSKEGON CITY                                          Bars         0
Licensee         SOUTHERN CORPORATION                                         Phone           (231)726-6509    File No    G-16823
DBA :   FRONTIER LIQUOR SHOPPE
  License        SDD-14397-1999              Non-Transferable         No     Permits          SUNDAY SALES

  License        SDM-13882-1999              Non-Transferable         No     Permits
Hus Type : R Retail Major :            01   Mw Major :                  County ID         61     County       MUSKEGON                       6172
Address    601 TERRACE POINT, MUSKEGON, MI, 4 94 41
current LGU Name :   MUSKEGON CITY                                               LGU      G375
Original LGU Name:     MUSKEGON CITY                                                      Bars        3
Licensee    KEY FOOD & EQUIPMENT COMPANY                                                   Phone          (231)722-4461        File No        G-16548
DBA :  RAFFERTY'S RESTAURANT
  License         CLASSC-9506-1999                 Non-Transferable            No        Permits          SUNDAY SALES, FOOD, DANCE, ENT-WO, OD-
                                                                                                          SERV
  License        SDM-2960-1999                     Non-Transferable            No        Permits


                                                                                                                                    Bus
Bus Type : R Retail Major : 06              Mw Major                    County ID        61      county       MUSKEGON              ID       128833
Address    939 THIRD,MUSKEGON, MI, 49440
current LGU Name :   MUSKEGON CITY                                               LGU      G375
original LGU Name :   MUSKE:GON CITY                                                      Bars        3
Licensee     MUSKEGON NIGHTS, INC,                                                            Phone                            File No        G-17211
DBA;   HOLIDAY INN
  License :  BH RE:S-70185-1999      Non-Transferable                          Yes       Permits          SUNDAY SALES, DANC-ENT, FOOD, OD-SERV,
  MCL Code Number:   MCL 436.1531(4)                                                                      MISCl

                                                                                                                                    Bus
Bus Type : R Retail Major : 10              Mw Major :                 County ID         61      county       MUSKEGON              ID       9203
Address        1157 THIRD,MUSKEGON, MI, 49441
current LGU Name :          MUSKEGON CITY                                        LGU      G375
original LGU Name :          MUSKEGON CITY                                                Bars        0
Licensee        DOWNTOWN MUSKEGON, INC.                                                    Phone                              File No        G-17164
DBA:      MUSKEGON FAMILY FOODS
  License        SDD-10237-1999                    Non-Transferable            No       Permits           SUNDAY SALES

  License        SDM-3022-1999                     Non-Transferable            No       Perm1ts


                                                                                                                                    Bus
Bus Type : R Retail Major :            01   Mw   Major :               county ID         61      County      MUSKEGON               ID      4166
Address    415 W WEST8RN,MUSKEGON, MI, 49440
Current LGU Name :   MUSK8GON CITY                                               LGU      G375
Original LGU Name:    MUSKEGON CITY                                                      Bars         3
Licensee    ASHLEY-CHANDLER, LTD.                                                          Phone          1231)733-9661       File No        G-16542
DBA :

  License        CLASSC-6419-1999                  Non-Transferable            No       Perm1ts           SUNDAY SALES, DANC-ENT, DIR-CON - 2

  License        SDM-4886-1999                    Non-Transferab1e             No       Permits           DIR-CON - 2


                                                                                                                                    Bus
Bus Type : R Retail Major :           01    Mw Major:                  County ID         61      County      MUSKEGON               ID      4009
Address    441 W WESTERN,MUSKEGON, MI, 49440
Current LGU Name     MUSKEGON CITY                          LGU                           G375
Original LGU Name :   MUSKEGON CITY                                                      Bars         1
Licensee    BRUNSWICK BOWLING & BILLIARDS COR~. (A DELAWARE                                Phone          (231)725-3250       File No        G-13844
            CORPORATION)
DBA: BRUNSWICK LANES
  License :      CLASSC-6171-1999                 Non-Transferable             No       Permits           SUNDAY SAL8S, BOWLING, CONCOURS




 .!feiinri:•··i@£C051Q\;; )/><'+· {·• ;tJk.•. ·•·>@inu.ihr(;l{(lo/im•!)R(lll'AMh\l»D.... ~n·})i.··•·::·.·.•·······················••.•··•·:••·· ifujg,;;liofa&
                                                                                                                     Bus
Bus Type : R Retail Major : 01           Mw Major :            County ID     61      County       MUSKEGON           ID     3767
Address    446 W WESTERN,MUSKEGON, MI, 49440
current LGU Name     MUSKEGON CITY                                    LGU     G375
Original LGU Name :      MUSKEGON CITY                                       Bars         1
Licensee       SOUTHBOUND, INC.                                                   Phone       (231)726-4007      Fi1e No     G-16301
DBA:      RACQUETS RESTRUNG DOWNTOWN GRILL
  License        CLASSC-5796-1999               Non-Transferable     No     Permits           SUNDAY SALES, DANCE, ENT-WO

  License        SDM-19956-1999                 Non-Transferable     No     Permits


                                                                                                                     Bus
Bus Type : R Retail Major:          01   Mw Major :            County ID     61      County       MUSKEGON           ID     100160
Address     452 W WESTERN,MUSKEGON, MI, 49440
current LGU Name      MUSKEGON CITY                                   LGU    G375
Original LGU Name :    MUSKEGON CITY                                         Bars         1
Licensee  KEY FOOD       &   EQUIPMENT COMPANY                                   Phone        ( 231 l 722-7663   File No     G-17201
DBA: AJ CAeONE'S
  License        CLASSC-70077-1999              Non-Transferable     No     Permits           SUNDAY SALES, DANCE


                                                                                                                     Bus
Bus Type : R Retail Major:          01   Mw Major:             County ID     61     County        MUSKEGON           ID    1252
Address       470 W WESTERN,MUSKEGON, MI, 49440
current LGU Name         MUSKEGON CITY                                LGU    G375
original LGU Name    MUSKEGON CITY                                           Bars         9
Licensee    ARENA CONCESSIONS GROUP, L.L.C.                                   Phone           (231)722-5388      File No     G-14451
DBA:      L.C. WALKER ARENA   &   CONFERENCE CENTER
  License :      CLASSC-1962-1999               Non-Transferable    Yes     Permits           SUNDAY SALES, FOOD, DANC-ENT
  MCL Code Number:       MCL 436.1509

                                                                                                                     Bus
Bus Type : R Retail Major :        01    Mw   Major :          County ID    61      county        MUSKEGON           ID    4018
Address    555 W WESTERN,MUSKEGON, MI, 49440
current LGU Name     MUSKEGON CITY                                    LGU    G375
Original LGU Name :       MUSKEGON CITY                                      Bars         1
Licensee       DINGER, JAMES ADOLPH                                           Phone           (616)722-2401      File No    G-9340
DBA :   MIKE'S
  License        CLASSC-6187-1999               Non-Transferable    No      Permits           SUNDAY SALES, DANCE, OD-SERV

  License        SDM-9337-1999                  Non-Transferable    No      Perznits


                                                                                                                     Bus
Bus Type : R Retail Major : 09           Mw   Major :          County ID    61      County       MUSKEGON            ID    8264
Address       625 W WESTERN,MUSKEGON, MI, 49440
current LGU Name         MUSKEGON CITY                               LGU     G375
Original LGU Name :       MUSKEGON CITY                                      Bars         O
Licensee       FRATERNAL ORDER OF EAGLES 668                                  Phone           (231) 726-5117     File No    G-1788
OBA :

  License        CLUB-20275-1999                Non-Transferable    No      Permits           SUNDAY SALES, DANC-ENT, CONCOURS

  License        SDM-12978-1999                Non-Transferable     No      Perinits
                                                                                                         Bus
Bus Type  : R Retail Major : 11 Mw Major            County ID      61      County      MUSKEGON          ID    15630
Address     1149 WOOD,MUSKEGON, MI, 49442
current LGU Name :    MUSKEGON CITY                          LGU    G375
Original. LGU Name :   MUSKEGON CITY                               Bars       0
Licensee     CORNELL, JANICE M                                       Phone          (231 }722-3376   File No   G-16150
DBA:   WOOD STREET MARKET
  License :   SDM-10533-1999         Non-Transferable    No        Permits

Total Number of Businesses for      G375                71
Total Number of Businesses for    MUSKEGON              71
Grand Total of All.:    71
               (ATTN: This is an Add-On to the Commission Agenda)

                             AGENDA ITEM _ _ __

TO:            Honorable Mayor and City Commissioners
FROM:          Administrative Services
DATE:          March 10, 2000
RE:            Census 2000 Presentation

SUMMARY OF REQUEST

The United States Constitution mandates a census every l Oyears to determine how many
seats each state will have in the U.S. House of Representatives. But community leaders
use it for everything from planning schools and building roads to providing recreational
opportunities and managing health-care services.

According to Debi Zant, Local Census Office Manager, beginning March 13, 2000, the
Census will kick-off in the Muskegon area. Kick-off sites are Muskegon Heights City
Hall between the hours of2:00 p.m. and 4:00 p.m. and later that evening at Walmart
between 5:00 p.m. and 9:00 p.m. April 1, 2000 is Census Day. March 13 -15, Census
Forms I Questionnaire will be mailed to the residents.

The City of Muskegon is very supportive of Census 2000. To that end, the City has
provided technical and logistical support to Census staff to help foster a successful
Census count within the City of Muskegon. The Commission Chamber is one of the
Assistance Centers set up to help residents fill-out their Census Form. This center will be
open effective March 15 to April 7 between the hours of 8:00 a.m. to 3 :00 p.m.

The City has invited Ms. Zant to make a presentation at the City Commission meeting on
March 14, 2000. Ms. Zant's comments will further educate all ofus about the critical
importance of full participation in this process.

FINANCIAL IMPACT

None.

BUDGET ACTION REQUIRED

None.

STAFF RECOMMENDATION

Staff recommends support of Census 2000 and encourages all residents of the City of
Muskegon to participate in the Census because it is in our individual and collective best
interest to do so.
                  Commission Meeting Date: March 14, 2000




Date:         March B, 2000
To:           Honorable Mayor and City Commissioners

From:         Planning & Economic Development

RE:           Alley Vacations in Alberts & Holthe Subdivision, Block 4
              (between Henry and Beidler Streets)


SUMMARY OF REQUEST:

Request for vacation of the south half only of the north/south alley in Alberts & Holthe
Subdivision, Block 4, between Henry and Beidler Streets. This request is in response
to ongoing issues with DJ's Pub, and is in conjunction with a use variance granted by
the Zoning Board of Appeals at their February 8, 2000 meeting.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends denial of the request for alley vacation. The Fire Marshal has stated
that the alley must be not be blocked off, due to fire access issues.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended vacation of the south half only of the
proposed alley with the condition that all City easement rights be retained.




3/8/2000                                                                             1
                                 CITY OF MUSKEGON

                                   RESOLUTION             2000-33(a)

                      RESOLUTION TO VACATE A PUBLIC ALLEY

WHEREAS, a petition has been received to vacate the south hclf only of the alley in Alberts &
Holthe Subdivision, Block 4, City of Muskegon; and

WHEREAS, the Planning Commission held a public hearing on January 11, 2000 to consider
the petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the February 22, 2000, and
March 14, 2000 City Commission meetings to consider the recommendation of the Planning
Commission;

WHEREAS, the City Fire Marshal has stated that the alley must remain open for fire access;

WHEREAS, if the alley were to be vacated, the City cannot legally require that it remain open.

NOW, THEREFORE, BE IT RESOLVED that the City Commission does not deem it advisable
for the public interest to vacate and discontinue any portion of the alley;

BE IT FURTHER RESOLVED that the City Commission does hereby declare that the alley in
Block 4 of Alberts & Holthe Subdivision shall remain a public alley.


Adopted this 14th day of March, 2000.

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

       Nays: Nays

       Absent: Schweifler (excused)


                                              By:   &itfo ?;J..~
                                                    Fred / ~,Mayor /                    .

                                              Attest:    ~ Q, LLt.,.
                                                        Gail A. Kundinger, Clerk
                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted ·
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular ·.
meeting held on March 14, 2000.


                                                             ~L~F·
                                                       Gail Kundinger, CMC/AAE
                                                       Clerk, City of Muskegon
                              .




                                                   ROLL CALUACTION SHEETS

    Present Name                              Action Ayes Nays Comments                                                               I

                                                                          \      (\ • AA>-'\                          A•    ,n.l'!!J'     ~
              Commissioner Shepherd                                       ~     ~       ~                 /V          l"i                 t ll ,
              Vice Mayor Sieradzki                                               r_,,                                  V _.-t:,L,           ~      .:U.
              Commissioner Spataro                                                                        0 UV                        ,lj,...'           V
              Commissioner Aslakson            M.
                                                                                        ...,.I   -
                                                                                                                        ~       ...           .0 ,....\_,
              Commissioner Benedict            5                                                                                _, cv                ~
              Mayor Nielsen                                                                                                 -u
              Commissioner Schweifler



                                                                              ~~
'
                                         ..

                                   c··
                                              ..
                                  .,· I                   - . 1····  -
                                              ROLL CALUACTION SHEETS

    Present Name                          Action Ayes Nays Comments
                                                                                                                                              n
                                                                                                                            '
           Vice Mayor Sieradzki                           i./                                                     {\ 15>.$ "t" lf/U'
           Commissioner Spataro                                 v                                '--""'           \               .
                                                                                                                                  I


           Commissioner Aslakson               I-'\       ✓                                          ~
                                                                                                                  ··'"~
           Commissioner Benedict                          v                                          J.----
           Mayor Nielsen                                  ✓
           Commissioner Schweifler             c;         ✓
           Commissioner Shepherd                          v                                                      .          • n /J,
                                                                                                          .;_J cv~
                                                                                                              I
                                          \~
                    ~~                                w ~/                ~c,.,..&._ I'-\:             -c/v"---             (k.,~
                Commission Meeting Date: February 22, 2000




Date:         February 10, 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Developmen@
RE:           Alley Vacations in Alberts & Holthe Subdivision, Block 4
              (between Henry and Beidler Streets)


SUMMARY OF REQUEST:

Request for vacation of the south half only of the north/south alley in Alberts & Holthe
Subdivision, Block 4, between Henry and Beidler Streets. This request is in response
to ongoing issues with DJ's Pub (see attached staff report), and is in conjunction with a
use variance granted by the Zoning Board of Appeals at their February 8, 2000
meeting (see attached ZBA minutes).

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the south half only of the proposed alley with the
condition that all City easement rights be retained. The Fire Marshal has stated that
the alley must be not be blocked off, due to fire access issues.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended vacation of the south half only of the
proposed alley with the condition that all City easement rights be retained.




2/10/2000                                                                            1
City of Muskegon
Planning Comnission
Case#00-4                                                                                                                                                                                                               -1-
                                                            ~r--7




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                                                                                                           8-4
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  1   r-ri7 , r ,        177 ~                              ~ ~                                        r - 7 ,------i                                                17


       200          0                        200                400                            600                      800 Feet
                                  Staff Report [EXCERPT]
                                   CITY OF MUSKEGON
                                 PLANNING COMMISSION
                                   REGULAR MEETING

                                       January 12, 2000



Hearing; Case 2000-4: Request for vacation of the south half only of the north/south
alley in Alberts & Holthe Subdivision, Block 4 (between Henry and Beidler Streets), by
DJ's Pub.

BACKGROUND
This request has been made by DJ's Pub, in response to discussion with staff regarding a
vacant lot owned by DJ's, currently used for overflow parking. The lot is zoned for single-
family residential and the current parking use is nonconforming. Staff recommends vacation
of the south half of the alley, which lies between the pub and the empty lot in order to give
DJ's control and responsibility for maintenance. Pub customers will still be able to exit onto
Henry St. or through the alley to the north. DJ's will also be applying to the Zoning Board of
Appeals for a use variance for the lot in order to recognize the nonconformity and require
some site improvements to reduce impacts on the neighbors. As long as the usual easements
and rights, as well as fire access, are maintained the Fire, Engineering and Public Works
department have no objections to the vacation of the south half only of the alley.


RECOMMENDATION
Staff recommends approval of the request with the conditions below.


DETERMINATION
The following motions are offered for consideration:

I move that the vacation of the west half only of the north/south alley in Block 346 be
(approved/denied). based on (compliance/lack of compliance) with the City's Master Land
Use Plan and conditions set forth in Section 2315 of the City of Muskegon Zoning Ordinance
{based on the following conditions--only if approved):

1. That all City easements, as well as adequate fire access, be retained.
                                   CITY OF MUSKEGON
                                ZONING BOARD OF APPEALS
                                   REGULAR MEETING
                                        MINUTES

                                        February 8, 2000

The meeting was called to order at 4: 10 p.m. by Chairman S. Schiller, and roll was taken.

MEMBERS PRESENT:              S. Schiller, D. Narowitz, J. Aslakson, R. Hilt, P. Witherell

MEMBERS ABSENT:               C. Kufta, excused

STAFF PRESENT:                B. Moore, D. Harrison, L. Anguilm

OTHERS PRESENT:               Debbie Schiller, DJ's Pub; Jeannie Houghtaling, 752 Wilson;
                              Dwight Kushka, 770 Hancock

APPROVAL OF MINUTES

A motion to approve the minutes of the regular meeting of January 11, 2000, was made by J.
Aslalcson, supported by D. Narowitz and approved by unanimous voice vote.

ELECTION OF OFFICERS

Chairman - A motion to nominate Steve Schiller for Chairman of the Zoning Board of Appeals
was made by J. Aslakson and supported by D. Narowitz. No other nominations were received.
Steve Schiller accepted the nomination. The motion was unanimously approved.

Vice Chairman - A motion to nominate Raymond Hilt for Vice Chairman of the Zoning Board
of Appeals was made by J. Aslakson and supported by D. Narowitz. No other nominations were
received. Raymond Hilt accepted the nomination. The motion was unanimously approved.

PUBLIC HEARINGS

Case 2000-02 - Use variance request to permit a vacant lot on Wilson Ave. (between Henry and
Beidler Streets), zoned R-1, Single-Family Residential, to be used as extra parking for a business
use, by DJ's Pub -The owners of DJ's Pub submitted a request to permit a vacant lot on Wilson
to be used as extra parking for a business use. Staff report was given by D. Harrison and B.
Moore. This case is the result of several neighbor complaints regarding use of this lot as a
parking lot. The lot being used for parking is zoned R-1, Single Family Residential. The DJ's
property used to be within township boundaries and apparently the lot has been used for decades
as parking. The applicant provided a letter from the previous owner and long time residents
indicating that the "parking area" had been that way for years. The south half of the north/south
alley in this block has been recommended for vacation by the Planning Commission, although
they asked staff to hold off taking it to City Commission for approval pending the outcome of
this request of a use variance. Staff pointed out that the City Fire Marshall will not allow this
alley to be blocked, since fire access must be maintained. DJ's has been using the vacant lot as
overflow parking for their business. The lot is not paved and no screening has been provided for
 adjacent homes. The lot needs to be surfaced and adequate screening needs to be provided. One
 call was received by staff from a neighbor who was mainly concerned about noise, litter and
 garbage on the lot, and lack of screening. D. Schiller, owner of DJ's Pub, spoke in favor of the
request. She stated that she would comply with the screening requirements and would like to
improve things for the neighbors. J. Houghtaling asked where people would be parking on the
lot. D. Schiller said that they mainly park closest to the alley, but she would put in curb stops if
necessary to keep the parking confined to that side of the lot. D. Kushka spoke against the
request, citing too much noise and traffic. A motion to close the public hearing was made by J.
Aslakson, supported by P. Witherell, and unanimously approved. J. Aslalrnon felt that this was a
historic use on the site, and would be the best way to make sure there is screening provided. A
motion to grant the use variance to allow the vacant lot located on Wilson Ave. between Henry
and Beidler Streets to be used for extra parking for a business use based on the following review
standards: a) That there are exceptional or extraordinary circumstances or conditions applying to
the property in question or to the intended use of the property that do not apply generally to other
properties or class of uses in the same zoning district; b) That such variance is necessary for the
preservation and enjoyment of a substantial property right possessed by other properties in the
same zoning district and in the vicinity; and c) That the authorizing of such variance will not be
of substantial detriment to adjacent property and will not materially impair the purposes of this
chapter of the public interest, and based on the following conditions: 1) That the improvements
to the property must be complete within one year or the variance is void; 2) The variance is
recorded with the deed to keep record of it in the future; 3) A screen on the vacant residential lot
be provided, at a minimum at the 25-foot setback off Wilson; 4) A four-foot stockade fence be
provided between the existing parking lot and homes to the south of the pub; 5) The overflow
parking area must be graded and graveled. A buffer strip of 15 feet from the east property line
must remain; 6) The remaining tree on the residential lot must be preserved; 7) A sketch be
provided by the property owner that depicts the above conditions being met; 8) Should the
business expand, the overflow are must be paved; 9) The Zoning Administrator may require curb
stops to protect the 15-foot setback. The motion was made by J. Aslakson, supported by D.
Narowitz, and unanimously approved.

There being no further business, the meeting was adjourned at 4:35 p.m.


lja
2/9/00




                                                2
Date:     February 9, 2000
To:       Honorable M.fP-"
                     yo and City Commissioners
From:     Ric Scott ~         -
                      [/
RE:       Clean Michigan Grant .Applications


SUMMARY OF REQUEST:
To authorize staff to submit a grant application for the
redevelopment of Beachwood Park through both the
Michigan Natural Resources Trust Fund and the new Clean
Michigan Initiative, and to authorize the mayor and
clerk to sign the attached resolution.


FINANCIAL IMPACT:
Beachwood Park $400,000 grant - $105,000 local match


BUDGET ACTION REQUIRED:
If awarded, money will need to be budgeted for in 2001


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval.
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23 I/"/l-1-6 703
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 fAX/726-5181

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23 1/72-1-(,716
f,\X/72-1--1055                                             West Michigan's Sbol'eUne City
Cieri,
23 1/72-1-(,7115             February 9, 2000
F,\.\/72-1--1 178

Crn11 11t.   & Nl'ig,h.
      ~l' l \iCl•~           To :           Honorable Ma~? ~                 City Commissioners
~j 1/72-1-(, 717
h\ X/72<,-250 I

Engi11cl'l'i11g
                             From:          Ric Scott      #c/ZIV
23 1/72-1-6707               Re:            Clean Michigan Grant Application.
F,\.\/727-W0-1
                             I am requesting authorization to re-apply for both the
Fi11a11l'.l'
2J I /72-1-6713
                             Michigan Natural Resources Trust Fund and the Clean
F.-\\/72-1-67(,H             Michigan Initiative for the Beachwood Park
Fin· D,•pl.
                             Redevelopment. The project would cost about $400,000,
23 1172-1-(,792              and would require at least a 25% match.   (We get more
F.\.\l72-l-(,9X:i
                             points for more than a 25% local match, i.e . 26%. )
l nru t11 l' I a\
231/724-C,77(1               Work at Beachwood would include a portion of the
f A.\/7H'.67(,8
                             Lakeshore Trail , restroom facilities , irriga~ion, paved
In fo. Systems               parking, picnic shelter , playground equipment, and other
231/72-1-(,7-1-1
F,\.\/722--13111             site amenities.
Ll·i,u1l" Sl·rvit(•          The Leisure Services Board recommended approval of the
23 117H -6 7114
F,\.\/72-1- 1196             applications at their February meeting.
~ Ia nagl·r•~
            Office           I am asking to resubmit this one because this is the
D l/72-1-(,724
FA.\/722- 121-1
                             highest-ranking project in our master plan and it was
                             not funded through the recent CMI or Trust Fund grant
~l:1_1·nr's O m r,•
23 11724-670 1               cycle.
FA.\/722- 12 1-1
                             I would ask that you authorize staff to submit the grant
'\ci:!h, ...~ Const.         application and that you authorize the mayor and clerk
23 I /724-(, 715             to sign the attached resolution .
f. \ '-:l72<,-25111
                             Thank you for your consideration .
1>1an11i11:!/Zu11i11g
231/724-6702
F.-\.\/72-1-6790

Pu lkl' Dl'JII.
2.11/72-1-6 750
F.\.\/722-5 1-111

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                                    City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                         RESOLUTION NO. 2000-34( a)
                       MUSKEGON CITY COMMISSION

RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION FOR
BEACHWOOD PARK DEVELOPMENT UNDER THE MNRTF AND CLEAN
MICHIGAN INITIATIVE.

WHEREAS, the City of Muskegon wishes to redevelop Beachwood Park; and

WHEREAS, grant applications are now being received by the Michigan
         Department of Natural Resources for Michigan Natural Resources
         Trust Fund (MNRTF) grants and the Clean Michigan Initiative
         (CMI), which will provide up to 75% funding for the project; and

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
         Muskegon approve the submission of the grant application to the
         MN RTF and the CMI for $400,000 for the Redevelopment of
         Beachwood Park; and

BE IT FURTHER RESOLVED, that the City's $105,000 match will be provided,
           and the City hereby commits itself to complete this project if the
           grant application is approved.

Adopted this 14th day of March, 2000

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

NAYS: None

ABSENT: Schweifler (excused)
                                  CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on March
14, 2000. 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




                                                                              .   ~
Date:      March 14, 2000

To:       Honorable Mayor and City Commissioners

From:       Finance Director

RE:       Parking Fine/Impound Fee Adjustments



SUMMARY OF REQUEST:                     The Finance Division and Police Department have reviewed
current parking fine and vehicle impoundment fee structures and recommend the following changes:

1.   Parking Fines - Maintain parking fines at current levels but add a fourth incremental step for fines
     that remain unpaid after 30 days. Currently parking fines do not increase further after remaining
     unpaid for 14 days.

2.   Boot Removal Fee - Implement a $65.00 fee for removal of the "Denver Boot" (or alternate)
     vehicle immobilization device

3.   lmpoundment Fees - Implement standard $50.00 fee for all vehicle impounds requiring police
     department involvement (consistent with fee charged by County). Also, begin use of vehicle
     immobilization devices for court-ordered vehicle impounds.

FINANCIAL IMPACT: Additional revenues will be generated and parking ticket collection rate
should improve by adding fourth step to parking fine structure.

BUDGET ACTION REQUIRED:                        Noneatthistime.

STAFF RECOMMENDATION: Approval                              of proposed     recommendations,      related
ordinance amendments and fine/fee adjustments.




9/18/97
                                   AGENDA ITEM NO. _ _ _ __

                             CITY COMMISSION MEETING        3/14/00


TO:           Honorable Mayor and City Commissioners

FROM:         Bryon L. Mazade, City Manager

DATE:         March 7, 2000

RE:           Shoreline Drive Property Acquisition


SUMMARY OF REQUEST:

To adopt a resolution and Declaration of Taking for property owned by the Muskegon Mall
owner for the purpose of constructing Shoreline Drive.



FINANCIAL IMPACT:

The City has offered $59,000 for this property based on an appraisal. The purchase price will
likely be determined by Circuit Court.



BUDGET ACTION REQUIRED:

None.




STAFF RECOMMENDATION:

To approve the Resolution and Declaration of Taking.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - O: (SHORELINEDRIVE-PROPERTY ACQUISITION)
                                                          law offices of         PARMENTER O'TOOLE
                                                      175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                            Phone 231.722.1621 • Fax 231.722.7866 or72B.2206




                    February 29, 2000


                    Mr. Eric Gielow
                    Lague, Newman & Irish
                    600 Terrace Plaza
                    Muskegon,MI 49443-0389

                    Re:            City of Muskegon/Shoreline East Acquisition/Terrace Lots
                                   Our File 100-1403(19)

                    Dear Eric:

                     Our letters and phone calls to date have involved the exploration of and your offer to sell to the
                     City land along Terrace Street in the "Terrace Lots Parcel," a total of3.88 acres ofland, at
                     $70,000 per acre. In addition, your offer involved placing a directional sign to indicate the
                     Muskegon Mall at an appropriate location.

                     I have reviewed this with the City. Your offer would mean a payment of $271,600 for the
                     3.88 acres. We believe that the price for the entire 3.88 acres is too high, and we are unwilling to
                     purchase that property on that basis.

                     Please consider this letter a final good faith offer of just compensation for the portion of the land
                     along Terrace Street and in the Terrace Lots parcel needed for the Shoreline Drive entrance off
                     Terrace Street. The City offers $59,000 for the said lands.

                     The legal description for the lands is not presently developed, except to compare the legal
                     description of other lands in the Terrace Lots Parcel which would not be purchased, in
                     accordance with the appraisal submitted by Mr. Nedeau on February 3, 2000, a copy of which
                     has been supplied to you. The entrance as depicted on the property sketch map on page 25 of the
                     appraisal is the area being sought by this offer to purchase.

                     The City does not reserve any right to bring federal or state cost recovery actions arising out of or
                     release of hazardous substances at the property, if any.

                     The appraisal dated February 3, 2000, prepared by Stephen P. Nedeau, and previously supplied to
                     you, is the basis for this offer.




                       G. Thomas Johnson      John C. Schrier        James R. Scheuetle    Of {,'o1111stl      Rer;red              Poul T. Sorensen
                       George D. Von Epps     Christopher L Kelly    Keith L. McEvoy       Thomas J. O'Too!e   Robert l. Forsythe   1920.1966
                       John M. Briggs, HI     Undo 5. Koore          Anno K Urick          Eric J. Fouri       Arthur M. Rude       George A Parmenter
                       Michael L. Rolf        Philip M. Staffon      Scott R. Sewick                                                1903·1993
                                                                                                               Harold M. Street
                       George W. Johnson      William J. Meier       Jennifer L. Hyllond                                            Cyrus M. Poppen
                                                                                                                                    1903·1996
                       W. Brad Groom                                 Jeffery A. Jacobson

H:\LIBIEDSl\00100114031 9\L TRIGENERAL.l TR
                    As stated in our previous letter, this offer contemplates the retention by the City in the areas
                    known as "Parcel A" and "Parcel B" shown on the property sketch map on page 25 of the
                    appraisal.

                    This offer is made to all parties having an interest in the parcels, including any mortgagee parties.
                    By the time you receive this letter, we hope to have updated any title work which would show the
                    interest of any such party. This offer is an all inclusive offer to all said parties.

                    I very much appreciate your attempts to reach an agreement in this matter, and I am sorry that we
                    could not do so. Unless I hear from you otherwise within ten days of this letter, I will be
                    approaching the City Commission for its review and determination concerning necessity and the
                       p°'"""'" of a declaration of taking. I certainly invite your comments at any time.




                                       s Johnson
                                     ial: 231/722-5400
                                     gtj@parmenterlaw.com

                           J/mmf

                    Enclosure

                    c:           ~r. Bryon L. Mazade (w/encl)
                                  Ms. Deborah Harrison (w/encl)




H:IUB\EDS!\001 001140319\1.TRIGENERAL.L TR
                                 CITY OF MUSKEGON
                               MUSKEGON COUNTY, MICHIGAN

                                   RESOLUTION NO. 2000-34 ( c)


A resolution determining the necessity to acquire land for public purposes by eminent
domain.

The City Commission of the City of Muskegon hereby RESOLVES:

                                             Recitals

I.     The City of Muskegon is presently engaged in developing and acquiring a property
       located in Block 557 and Block 562 of the Revised Plat of 1903 of the City of Muskegon
       for the purpose of constructing the highway known as Shoreline Drive.

2.     It appears that it is necessary to begin eminent domain proceedings because of the status
       and results of negotiations which have been carried on by the City.

3.     There is considerable evidence that the establishment of Shoreline Drive at the said
       location will be advantageous to the development of the traffic needs and development of
       the City of Muskegon, and that it is in the best interests of the City to establish the said
       highway. Plans have been prepared and developed to sufficiently indicate the location of
       the highway and its effect on the land to be acquired.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.     The City Commission hereby declares and determines that it is in the public interest and
       constitutes a public purpose to acquire the property set forth in Exhibit A attached to this
       resolution for the purpose of acquiring sufficient land to construct the highway known as
       Shoreline Drive.

2.     The City Commission further declares and determines that it is necessary to construct the
       said highway in Block 557 and Block 562 of the Revised Plat of the City of Muskegon,
       and the said improvement is necessary for the use and benefit of the public.

3.     It is further declared and determined that it is necessary to acquire and take the fee simple
       estate in real property, fully described in Exhibit A, without the consent of the owners
       thereof, for the purpose of constructing the said highway. The said described parcel is
       necessary for the use and benefit of the public and a good faith written offer to purchase
       said parcel has been made. In the event the said offer is not accepted, the City Attorney is
       directed to institute condemnation proceedings against the owners and any other parties in
       interest in the said described parcel which has been deemed necessary for the acquisition
       and construction highway improvement.



G:\COMMON\5\GTJISHLINE3\TERRLOTS.RES
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Declaration of Taking in the form attached to this resolution.

This resolution passed.


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


Nays     None


                                                  CITY OF   MUSKE<:1°f
                                                  By       -   0.L
                                                   Gail A Kundinger, City Clerk


                                       CERTIFICATE

     This resolution was adopted at a meeting of the City Commission, held on
 March 14               2000. 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.




                                                      By-t:.~~~~e:..---1:~ ~ ~ ~--"-'
                                                        Gail A Kundinger, City Cler




G:\COMMON\5\GTJ\SHLINE3\TERRLOTS.RES
                                         EXHIBIT A

                                       Legal Description




G:\COMMON\5\GTJ\SHLINE3\TERRLOTS.RES
                                           2000-34(c)
                                       City of Muskegon
                                   Muskegon County, Michigan

                                  DECLARATION OF TAKING

Land in Block 557 and Block 562, City of Muskegon

A statement of necessity has been made by the City Commission of the City of Muskegon setting
forth that the construction of a highway in Block 557 and Block 562 is necessary. As a result, it
is necessary to acquire certain property for said purpose, and a good faith written offer to
purchase said parcels of property has heretofore been made.

Therefore, by viltue of the authority vested in the City of Muskegon by law and constitution, and
pursuant to 1980 PA 87, MCLA 213.51, MSA 8.265(1), it is now declared that by the filing of
the Complaint and this Declaration in the Circuit Court for the County of Muskegon, title to the
property hereinafter described is taken in the name of the City of Muskegon for the purpose of
constructing a highway.

A description of the property taken sufficient for its identification, the names of the persons
interested in said property so far as known, a statement of the estate or interest being taken, and
statement of the sum of money estimated by complainant to be just compensation for the part to
be taken is as follows:

                                          Legal Description

                                        Attached on Exhibit A

Estate to be acquired : Fee Simple.

Owners: Mac I, Inc.

Estimated Just Compensation: $59,000.00

                                                          CITY OF MUSKEGON




G:\COMMON\5\GTJ\SHLI NE3\TERRLOTS.RES
                                         EXHIBIT A

                                       Legal Description




G:ICOMMON\5\GTJISHLINE3\TERRLOTS.RES
                                                    Page 25


               PROPERTY SKETCH - AFTER TAKING




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L_·__ I
                                                                            COMMUNITY
                                                                                 &
                                                                           NEIGHBORHOOD
                                                                              SERVICES




Memo
 To: Honorable Mayor Fred Nielsen and City Commissioners

 Fronc Wilmem G. Griffin Community and Neighborhood Services Director               w.G.
 CC: City Manager Byron Mazade

 Date: March 8, 2000

 Reo CDBGIHOME 2000-2001 Recommendations



 Attached you will find the City of Muskegon's staff recommendations for fiscal year 2000-2001
 Community Development Block Grant /HOME funding. Also enclosed is the proposal packets of all the
 proposals that our department received this year from both in house departments and also outside
 public services.

 It is unfortunate that the funding is limited , because all of the proposals are very worthwhile projects. It
 is the intent of our department to work with the non-recommended projects during the year in order to
 assist them with securing their needed funding.
                      Community Development Block Grant Proposed
                                Budget FY 2000 - 2001



Program Administration Amount                                          $ 128,940

CDBG Salaries
CDBG Salaries & Benefits
     Wilmern Griffin, Director
     TaLonda Robinson, Departmental Secretary
     Melanie Smith, Finance Clerk

Incidental Cost                                                        $    15,000

Contract Compliance/EO                                                 $    35,000

Shoreline Drive - Bond Repayment                                       $ 242,000

Housing Rehabilitation                                                 $ 475,000
Emergency Repairs                                        ($ 105,806)
Housing Rehabilitation-Siding/Paint                      ($ 265,807)
Service Delivery             ·
       Salaries Fringes for              , ,             ($ 97,734)
               Ardyce Haken, Rehabilitation Counselor
               Marc Johnson, Rehabilitation Specialist
               Indirect/Incidental Cost                  ($   5,653)

Public Improvements
Sidewalk Assessments                                                   $    75,000
Street Assessment                                                      $    25,000
Public Facilities Rehabilitation/Clean Ups                             $    85,000
Smith-Ryerson Field                                                    $    100,000

Commercial Clearance                                                   $    25,000
Residential Rehabilitation                                             $    80,000
Code Enforcement                                                       $    45,000

Public Services
                                                                       $    70,000
Recreation Programs                                                    $    80,000
Muskegon Area Transit System (MATS)                                    $    25,000
CBO Grant Program                                                      '$   47,000
Senior Transit

Total                                                                   $   1,552,940
                           Home 2000 - 2001 Proposed Budget



City Administration                                       $51,000

Oneata Bailey Rehabilitation Specialist
Salary and Fringe Benefits                                $42,843.57
Miscellaneous Office Supplies & Equipment                   8,156.43

Housing
Rental Rehabilitation                                     $110,000
Infill New Construction                                    170,000
Lead Base Paint Abatement Activity                          82,000

Community Housing Development Organization's (CHDOS)      $100,000

Total Proposed HOME Budget                                $513,000

Total HOME Entitlement Grant                              $513,000

Contingency                                               $   -0-


                                      '   '
                             INTEROFFICE MEMORANDUM



TO:        MAYOR AND CITY COMMISSION
FROM:      LEE SLAUGHI'ER, ASSISI"ANT CITY MANAGER
           HEATiiER SANDBERG, MANAGEMENT ASSISTANT
SUBJECT:   HANGINGMAYORALPORTRAITS
DATE:      8-3-99
ca         IMAGE COMMIITEE



The issue of hanging Mayoral Portraits was raised by Mayor Nielsen. After researching the
issue, the following action is suggested. The portraits of the first and current Mayor hung on
the wall outside of the Commission Chambers. Between the two pictures, a plaque that
contains 96 individual plates will hang. Each plate will be engraved with the name and
date(s) of service of each mayor who ever served in Muskegon. We will require 67 of the
plates with the names up to the present date and allow ourselves room for growth.

The reason behind this recommendation is that we do not have portraits of all the Mayors of
Muskegon that would make a complete set and, for those we do have, they are all different
sizes and some are in poor condition. Even if we did have portraits of eveiyone, they would
have to be adjusted to the same size and we would need to purchase frames so that they are
all uniform. By hanging the first Mayor, the current Mayor and noting all those in between,
we can accomplish naming all individuals who have served and still maintain a quality
looking, complete finished product at a reasonable cost.

As we are in the process of beginning this project, if you have suggestions regarding this
issue, please direct them to either Lee or Heather.
Date:        March 14, 2000
To:          Honorable Mayor and City Commissioners
From:         Engineering
RE:          Shoreline Dr. East Consulting Agreement amendment




SUMMARY OF REQUEST:
To approve an amendment to the engineering agreement with Earth-Tech for the Shoreline
Drive East to include the additional cost of redesign a steel bridge over south bound
Shoreline Dr. The original design called for a pre-stressed concrete, however, due to the
discovery of compressible soils in the vicinity of, a mutual decision between MOOT and the
City that a change in structures was indeed necessary.



FINANCIAL IMPACT:
The amendment will add $100,000 to Earth -Tech's not to exceed cost, increasing the total
allowed cost to $510,280.50.



BUDGET ACTION REQUIRED:
None. The additional cost, or most of it, will be funded by the State.

STAFF RECOMMENDATION:
To amend the agreement.



COMMITTEE RECOMMENDATION:
                              55'i'i Glt:nwuod Hill\ ~.trk\\ ay, SE.                    P11st     Office Bux 874. Grand Rapids, Michigan   49588.0874




                                                                 RECEIVED
                                                                   CITY OF MUSKEGON
January 3, 2000
                                                                           JAN - 6 2000


Mr. Mohammed Al-Shatel, P.E.
                                                               afRING OEPJ.
City Engineer
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon, Michigan 49433-0536

Re:                                                               '
             Proposal for Engineering Services - Structure A (Extended)
                                                                                                                                           Telephone
Dear Mohammed:
                                                                                                                                      6 16.942 .9600

Please find enclosed our proposal for engineering services for the extension and redesign of                                               Facsimile
Structure A to meet minimum requirements established in last geotechnical meeting with the
Michigan Department of Transportation (MDOT).

During the geotechnical investigation phase of this project, we discovered unsuitable soil
conditions that warranted change in the preliminary design of Structure A. MDOT expressed
concerns about the height of embankment and use of MSE walls over compressible soils.
After several meetings with MDOT, we determined that moving the southern abutment
approximately 30 meters to the south would minimize risks for post-construction settlement
in the approach.

The increased length of structure makes necessary a change in superstructure type from pre-
stressed concrete beams to curved steel girders. Earth Tech proposes a two to three span
curved steel girder structure to carry Shoreline Drive over southbound US 31-BR. The
number and length of spans as well as skew angle to be determined during preliminary
engineering in conjunction with final soils report. Design to include steel curved girder
superstructure with composite concrete deck. Substructure is to consist of standard concrete
pile abutments and piers.

We estimate approximately 1062 hours to complete the items for a cost of$ 100,000. In
preparing this estimate, we gave consideration for the hours for final design of Structure A in
the original contract. However, there are major new elements with this new structure as the
curved steel girder, steel details, new pier design, and new abutment design.




                                                                   A   -tyc:a /NrERNAnONA.L    LTD. COMPANY
L:\Group\Transponatio11\RAMPERSA \ 19816-Shorclinc\proposaJs\structum_ 11-17\BRJ DOE~ I .DOC
    .   /
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            Mr. Mohammed Al-Shatel, P.E.
            January 3, 2000
            Page 2


            Additional direct expenses not included in the original contract include: additional soil
            borings and geotechnical engineering to satisfy MDOT requests. Earth Tech has contracted
            with Soil and Materials Engineers, Inc. to do the geotechnical analysis. We are expecting
            results by mid-January. The costs for this work is also included in this proposal. If you
            should have any questions regarding this proposal, please contact me at (616) 975-4586.

            Very truly yours,




            7_;~
            Laura L. Rampersad, P.E.
            Project Manager




                                                                          A fr/CO INTERNAOONAL LTD. COMPANY
            L:\Group\Tramportuionl.RAMPl!RSA\19816-ShORlinel.propows\strueru.re,_11·17\BRIDGE~l.OOC

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