City Commission Packet 06-11-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                 JUNE 11, 2002
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                       AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Fireworks Display at Summer Celebration Concert. CITY CLERK
                 c. Consideration     of   Bids,   Houston   Ave.   from   Third   to   First.
                    ENGINEERING
                 d. Approval of Economic Development Revolving Fund Program
                    Policies and Guidelines PLANNING & ECONOMIC DEVELOPMENT
                 e. Adoption of Michigan Vehicle Code. POLICE
                 f.   Light Fixture & Exit Signs Replacement in the basement a City Hall.
                      ENGINEERING
                 g. Shoreline Drive East Rail Purchase. ENGINEERING
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
                 a. TEDF Category F-Grant Applications. ENGINEERING
                 b. Black Creek Road Project. ENGINEERING
                 c. Request for Proposals for Buildable Large Vacant Parcel at the
                    Northeast Corner of Marquette and Getty.         PLANNING &
                    ECONOMIC DEVELOPMENT
                       d. Extension of time - Fisherman's landing Reloction. CITY MANAGER
                       e. Concurrence With the Housing Board of Appeals Notice and Order
                          to Demolish the Following:
                            1. 1961 Leahy
                           2. 2082 Estes
                           3. 318 E. Apple
                           4. 1836 Nevada
                           5. 1458 Sixth
                           6. 1715 Superior
                      f.   MOU Agreement with MDOT for the Construction of Shoreline Drive
                           East. ENGINEERING
                       g. Traffic Signal Support Pole Painting. CITY MAQNAGER
                       h. Employment Agreement between the city of Muskegon and Bryon
                          L. Mazade. CITY MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION: To discuss pending litigation
•   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 Cify 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, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231) 724-4172.
Date:      June 11, 2002
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 Special
Commission Meeting that was held on Tuesday, May 21, 2002, and the
Regular Commission Meeting that was held on Tuesday, May 28, 2002.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
           CITY OF MUSKEGON
             CITY COMMISSION MEETING
                              JUNE 11, 2002
          CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                     MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City of Muskegon
was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday June
11, 2002.
    Mayor Warmington opened the meeting with a prayer from Pastor Bierenga of the Allen
Ave. Christian Reformed Church, after which members of the City Commission and members
of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners Stephen
Gawron, William Larson, Robert Schweifler, and Lawrence Spataro; City Manager Bryon
Mazade, · City Attorney Thomas Johnson and City Clerk Gail Kundinger.      Excused:
Commissioner Clara Shepherd.

2002-69 HONORS AND AWARDS: Vice Mayor Buie presented a Proclamation to Keisha
Martinez, Mrs. Muskegon County 2002, congratulating her for her accomplishments in the
Mrs. International Competition.
2002-70 INTRODUCTIONS/PRESENTATION: Ken James from Affirmative Action introduced the
Julia Hackley Fund interns for 2002.
2002-71 CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Special Commission Meeting that
  was held on Tuesday, May 21, 2002, and the Regular Commission Meeting that was held
  on Tuesday, May 28, 2002.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
                 b. Fireworks Display at Summer Celebration Concert. CITY CLERK
  SUMMARY OF REQUEST: Rachel Kane is requesting approval of a fireworks display for the
  July 2, 2002, 'Nickelback' concert at the Muskegon Summer Celebration. Fire Marshall
  Metcalf has reviewed the request and recommends approval contingent on inspection
of the fireworks. Risk Management has approved the insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
                c. Consideration of Bids. Houston Ave from Third to First. ENGINEERING
SUMMARY OF REQUEST: The reconstruction of Houston from 3rd to Js 1 contract (H-1542),
including the watermain, be awarded to Lakeside Construction out of Grand Haven since
they were the lowest (see bid tabulation) responsible bidder with a bid price of
$104,276.75.
FINANCIAL IMPACT: The construction cost of $104,276.75 plus associated engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Lakeside Construction.
COMMITTEE RECOMMENDATION:
                d. Approval of Economic Development Revolving Fund Program Policies
                   and Guidelines. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To adopt the amended policy for the Economic Development
Revolving Fund Program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the policy.
COMMITTEE RECOMMENDATION: The Community Relations Committee recommended
adoption of the policy at their June 3, 2002 meeting.
               e. Adoption of Michigan Vehicle Code. POLICE
SUMMARY OF REQUEST: To adopt the Michigan Vehicle Code by reference.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance
               f.   Light Fixture & Exit Signs Replacement in the basement at City Hall.
                    ENGINEERING
SUMMARY OF REQUEST: Authorization to enter into a $16,970 contract with Belasco
Electric, out of Muskegon, to replace a total of 177 outdated fixtures in the basement of
City Hall with a TB lamp & electronic ballast in accordance with the recommendation
outlined in the energy analysis report prepared by Tower Pinkster Titus Associates earlier
this year. According to the report, the fixture replacement will have a 5.72 years payback
and an expected life of 25 years.
FINANCIAL IMPACT: The cost of $16,970
BUDGET ACTION REQUIRED: None at this time. The cost will come out of the City Hall
   budget and any necessary revision, if one becomes necessary, will be reflected on a
   future quarterly update.
   STAFF RECOMMENDATION: To approve a contract with Belasco.
   COMMITTEE RECOMMENDATION:
                  g. Shoreline Drive East Rail Purchase. ENGINEERING
   SUMMARY OF REQUEST: Authorize the sole source purchase of 7,542.9 feet of rails
   necessary to construct the new railroad as part of the proposed Shoreline Dr. East for a
   total cost of $72,439.44 in accordance with the City/CSX agreement which was executed
   back in 1999. The rails will be sold to the successful contractor.
   FINANCIAL IMPACT: The cost of purchasing the rails for $72,439.44.
   BUDGET ACTION REQUIRED: None at this time. The cost is expected to be a part of the
   anticipated grant from MDOT.
   STAFF RECOMMENDATION: Approve the purchase of the rail and authorize staff to issue a
   purchase order to buy the rails.
   COMMITTEE RECOMMENDATION:
      Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the
   minutes.
         ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
                     Nays: None
                     Absent: Commissioner Shepherd
     MOTION PASSED
2002-72 NEW BUSINESS:
                  a. TEDF Category F-Grant Applications. ENGINEERING
  SUMMARY OF REQUEST: Your permission to submit TEDF Category F Grant application for
  the Milling & Resurfacing of Sherman Blvd. from Lincoln to Beach Street. Estimated cost is
  $300,000.
  FINANCIAL IMPACT: A 20% match plus engineering cost which are estimated at $100,000 if
  the project is approved.
  BUDGET ACTION REQUIRED: None at this time. However, should the project get approval,
  we would have to include it in the 2003 Capital Improvement Budget.
  STAFF RECOMMENDATION: Approve the submittal of the grant application.
      Motion by Vice Mayor Buie, second by Commissioner Larson to approve the submittal
  of the TEDF Category F Grant application for the Milling & Resurfacing of Sherman Blvd.,
  from Lincoln to Beach Street.
     ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
                 Nays: None
                 Absent: Commissioner Shepherd
     MOTION PASSED
                 b. Black Creek Road Project. ENGINEERING
 SUMMARY OF REQUEST: Direction as to whether or not a special assessment should be
 created to mill and resurface Black Creek Rd., between Sherman & Latimer. As
 instructed, the engineering department mailed letters to all business owners abutting
 Black Creek Rd., between Sherman & Latimer to gauge their interest in paving the
 aforementioned section of Black Creek Rd. in the light of the recent commission action to
 limit the assessable amount to 45% of the total cost of improvements.
 FINANCIAL IMPACT: None at this time.
 BUDGET ACTION REQUIRED: None.
 STAFF RECOMMENDATION: Authorize staff to proceed with preparation for a public
 hearing to create a special assessment district.
 COMMITTEE RECOMMENDATION:
    Motion by Commissioner Larson , second by Vice Mayor Buie to authorize staff to not
 proceed with preparation for a public hearing to create a special assessment district.
    MOTION WITHDRAWN BY COMMISSIONER LARSON
    Motion by Commissioner Schweifler, second by Commissioner Gawron to authorize
 staff to proceed with preparation for a public hearing to create a special assessment
 district for Black Creek Rd., between Sherman & Latimer.
    ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                Nays: None
                Absent: Shepherd
   MOTION PASSED
                c. Request for Proposals for Buildable Large Vacant Parcel at the
                   Northeast corner of Marquette and Getty. PLANNING & ECONOMIC
                   DEVELOPMENT
SUMMARY OF REQUEST: To approve the advertising of a Request for Proposal (RFP) for a
large parcel of land on the Northeast corner of Marquette and Getty described as Lot
655 and 658 and the south 60' of Lot 659 (As measured at right angles to the south line of
Lot 659) Muskegon Urban Renewal Plat No. 4, as recorded on Uber 19, Pages 19-22,
Muskegon County Records.
FINANCIAL IMPACT: The sale of this large parcel for a housing development will generate
additional tax revenue for the City and will place the property back on the City's tax rolls
thus relieving the City of continued maintenance cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC) recommended
advertising of a Request for Proposals for this large parcel of land at their May 28, 2002
meeting.
    Motion by Commissioner Spataro, second by Vice Mayor Buie to refer this item for
further review at the next Worksession Meeting.
    ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                 Nays: None
                 Absent: Shepherd
    MOTION PASSED
                 d.   Extenstion of time - Fisherman's Landing Relocation. CITY MANAGER
 SUMMARY OF REQUEST: To authorize an additional 90 days for staff to negotiate a
 development agreement with Great Lakes Dock & Materials to relocate Fisherman's
 Landing. The original 90 days has expired and while significant progress has been made
 on this project, additional time is necessary to complete this transaction.
 FINANCIAL IMPACT: None
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: To approve the request.
 COMMITTEE RECOMMENDATION: None
    Motion by Commissioner Larson, second by Commissioner Gawron to authorize an
 additional 90 days for staff to negotiate a development agreement with Great Lakes Dock
 & Materials to relocate Fisherman's Landing.
    ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
                 Nays: None
                 Absent: Shepherd
    MOTION PASSED
                 e. Concurrence with the Housing Board of Appeals Notice and Order to
                    demolish for the following:
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the following structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30) days. It is
further requested that administration be directed to obtain bids for the demolition of the
structures and that the Mayor and City Clerk be authorized and directed to execute
contracts for demolition with lowest responsible bidders.
       1) 19 6 1 Leahy
Case # & Project Address: #00-63 1916 Leahy, Muskegon, Ml
Location and ownership: This structure is a church (Revival Temple) located on Leahy in
the Marsh Neighborhood between E. Holbrook and Keating Avenue.
Staff Correspondence: A dangerous building inspection was conducted on 7/11/00, a
notice and order to repair was issued 8/18/00. The case was brought before the HBA in
January 2002. The case was tabled for 30 days because Rev. Duncan called the
Inspection Department and spoke with Bob Grabinski, stating that repairs were finished
and he would call for a final inspection. A final inspection was scheduled, but the Rev.
failed to appear for it. The building inspector said reparis are started, but not finished.
The case was brought before the HBA again in March 2002 and no one from the church
appeared. The case was declared substandard, a public nuisance, and dangerous
 building on that date. There has been no contact from the church since scheduling the
 inspection.
 Owner Contact: There has been no contact since the Jan. 2002 HBA meeting.
 FINANCIAL IMPACT: General Fund
 BUDGET ACTION REQUIRED None
State equalized value: N/ A - church
 Estimated cost to repair: $3,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
    REQUESTED BY STAFF TO HAVE ITEM REMOVED FROM AGENDA
       2) 2082 Estes
Case # & Project Address: #00-57 2082 Estes.
Location and ownership: This structure is located on Estes in the Lakeside Neighborhood.
It is owned by David Vankammen, who lives next door.
Staff Correspondence: A dangerous building inspection was conducted on 7/20/00. A
notice and order to repair was issued 8/1 /00. The case was brought before the HBA in on
10/5/00, 5/3/01, 12/6/01 and 5/2/02. Mr. VanKammen has repeatedly stated repairs will
be completed, but they have not. There have been many complaints from neighbors in
regard to this property being a disgrace to the neighborhood.
Owner Contact: Mr. VanKammen has been in contact with Bob Grabinski and has
promised to complete repairs, but does not follow through.
FINANCIAL IMPACT: General Fund
BUDGET ACTION REQUIRED None
State equalized value: $31,200
Estimated cost to repair: $8,000 plus cost of interior renovation.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with
the Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington
                Nays: None
                Absent: Shepherd
   MOTION PASSED
      3) 318 E. Apple
Case# & Project Address: #01-049, 318 Apple
Location and ownership: This structure is located on Apple Ave., between Fork and
Emerald in the Angell Neighborhood. It is owned by George Dobben.
Staff Correspondence: A dangerous building inspection was conducted on 11/8/01. A
notice and order to repair was issued 11 /19 /01. A notice of hearing before the Housing
Board of Appeals was issued 12/21 /01. An order to demolish was issued 2/11 /02.
Owner Contact: Bruce Austin was present at the HBA meeting l /3/02 to represent Mr.
Dobben. He had been hired to work on the building. There has been no contact since
that date.
FINANCIAL IMPACT: CDBG Fund
BUDGET ACTION REQUIRED None
State equalized value: $190,800
Estimated cost to repair: $25,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
  Motion by Commissioner Spataro, second by Vice Mayor Buie to concur with the
Housing Board of Appeals decision to demolish.
    ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
                 Nays: None
                 Absent: Shepherd
   MOTION PASSED
       4) 1836 Nevada
Case # & Project Address: #02-06 1836 Nevada, Muskegon Ml
Location and ownership: This structure is located on Navada between Laketon and
Windsor. It is owned by MLA Inc.
Staff Correspondence: A dangerous building inspection was conducted on 3/15/02 and
a notice and order to repair was issued 3/25/02. On 5/2/02 the HBA declared the
structure a public nuisance, substandard, and dangerous building. An interior inspection
was scheduled by a realtor for 5/8/02 and their contact person did not appear for the
inspection.
Owner Contact: The realtor's office has been in contact and scheduled the interior
inspection. They called again and were not aware their maintenance man had not
appeared for the inspection.
FINANCIAL IMPACT: General Fund
BUDGET ACTION REQUIRED None
State equalized value: $12,900
Estimated cost to repair: $15,000 plus cost of interior rehabilitation.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
  Motion by Commissioner Gawron, second by Commissioner Larson to concur with the
Housing Board of Appeals decision to demolish.
   ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
                Nays: None
                Absent: Shepherd
   MOTION PASSED
      5) 1458 Sixth
Case # & Project Address: #01-053, 1458 Sixth St.
Location and ownership: This structure is located on Sixth Street between Grand and
Washington. It is owned by Daniel Herrema of Grandville.
Staff Correspondence: A dangerous building inspection was conducted on 12/12/01. A
notice and order to repair was issued 12/18/01. HBA on 02/07 /02 found the structure to
be dangerous and unsafe ..
Owner Contact: The owner talked to Bob Grabinski on 3/6/02 and was given a 60/day
extension to complete repairs. No permits have been pulled and there has been no
contact with the owner since then.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED None
State equalized value: $17,200
Estimated cost to repair: $25,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
   Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with
the Housing Board of Appeals decision to demolish, with the condition that if the Building
Inspector, upon inspection of building, finds it up to code then the demolition will not
proceed.
   ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
               Nays: None
               Absent: Shepherd
   MOTION PASSED
      6) 1715 Superior.
Case# & Project Address: #02-01, 1715 Superior.
Location and ownership: This structure is located in the Marsh Neighborhood and is
owned by Amy Bradley of Fruitport, Ml.
Staff Correspondence: A dangerous building inspection was conducted on 6/23/98.
Some work was done without permits after that time. Another inspection was conducted
1/22/02 after a fire. A Notice and Order to Repair was issued on 1/30/02. No one was
present to represent the case before the HBA on 3/7 /02 and the structure was declared
substandard and dangerous. The owner called the Inspection Dept. after that date and
scheduled an interior inspection, which was conducted 3/25/02. On 4/29/02 the owner
called the office and inquired on what to do next. She was informed she needed to
submit a schedule of repairs and apply for permits. There has been no contact since that
date. The city has had the structure boarded on 3 separate occassions.
Owner Contact: Owner has not been in contact with this office since 7/20/01. At the HBA
meeting in September, he was told he could stop this from going before the City
Commission by scheduling an interior inspection and supplying this office with a time line
for repairs.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED None
State equalized value: $14,000
Estimated cost to repair: $20,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
   REQUESTED BY STAFF TO HAVE ITEM BE REMOVED FROM AGENDA.
               f.   MOU Agreement with MDOT for the Construction of Shoreline Drive East.
                    ENGINEERING
SUMMARY OF REQUEST: Enter into agreements with the Michigan Department of
Transportation to provide funding for the proposed Shoreline Dr. East Project.
Furthermore, due to the timing constrains, it is requested that your approval, if granted,
be contingent upon compliance with the City Attorney's review. Also, it is respectfully
requested that the Mayor & City Clerk be authorize to execute said agreements and the
necessary resolution.
FINANCIAL IMPACT: The estimated cost of the project, including the existing section of
Shoreline Dr., from Terrace to Southern Ave. is $11,850,000 of which the City is responsible
for an estimated total of $650,000.
BUDGET ACTION REQUIRED: None at this time. The City's share would come out of Major
Street Fund ($500,000). Sewer Fund ($75,000) and Water Fund ($75,000).
STAFF RECOMMENDATION: Conditional approval of the agreements and resolution.
COMMITTEE RECOMMENDATION:
   Motion by Commissioner Larson, second by Vice Mayor Buie to enter into agreements
with MDOT to provide funding for the proposed Shoreline Dr. East Project, and have the
Mayor and City Clerk authorized to execute agreements and necessary resolution.
   ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
               Nays: None
               Absent: Shepherd
   MOTION PASSED
               g. Traffic Signal Support Pole Painting. CITY MANAGER
SUMMARY OF REQUEST: To approve the painting of 32 traffic signal support poles in the
downtown area utilizing Consumers Energy's contract with Pennington Bros. (Twin Lake,
Ml.) These poles are in need of painting and doing so will accomplish another
component of the Blight Fight effort.
  FINANCIAL IMPACT:    32 poles@ $354.00 each        $11,328.00
                       40 brackets @ $40.00 Each       1,600.00
                                    TOTAL            $12,928.00
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the request
  COMMITTEE RECOMMENDATION: None
     Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the
  painting of 32 traffic signal support poles in the downtown area utilizing Consumers
  Energy's contract with Pennington Brothers, Twin Lake, ML
     ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                 Nays: None
                 Absent: Shepherd
     MOTION PASSED
                 h. Employment Agreement between the City of Muskegon and Bryon L.
                    Mazade. City Manager.
  SUMMARY OF REQUEST: To approve the employment agreement between the City of
  Muskegon and Bryon L. Mazade, City Manager, effective July 1, 2002.
    Motion by Commissioner Schweifler, second by Commissioner Gawron to approve the
  employment agreement between the City of Muskegon and Bryon L. Mazade, City
  Manager, effective July 1, 2002.
     ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
                Nays: None
                Absent: Shepherd
    MOTION PASSED
   ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 7:04pm.
                                              Respectfully submitted,




                                              Gail Kundinger, CMC/ AAE
                                              City Clerk
Date:      June 11, 2002
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Fireworks Display - Nickelback Concert




SUMMARY OF REQUEST: Rachel Kane is requesting approval of a
fireworks display for the July 2, 2002, 'Nickelback' concert at the
Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the
request and recommends approval contingent on inspection of the
fireworks. Risk Management has approved the insurance.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
                                                       2002-71(b)
                                                    PERMIT
                                   FOR FIREWORKS DISPLAY
                                       Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          autho~ him to possess, transport and display fireworks in the amounts, for the purpose, and
                                           at the place listed below only.


  TYPE OF DISPLAY:                  {Ol PUBLIC DISPLAY                                 ( ) AGRICULTURAL PEST CONTROL

 ISSUED TO:      Rachel Kane - Nickelback Concert
NAME             Mark Castle
ADDRESS          24932 Avenue Kearny, #1                                   AGE                30
                 Valencia, CA 91355

REPRESENTING
NAlvlE OF ORGANIZATION, GROUP, FIRM OR CORPORATION
                 Muskegon Summer Celebration
ADDRESS



NUMBER & TYPES OF FIREWORKS:




DISPLAY:
                 Heritage Park Landing
EXACT LOCATION
                 Muskegon, MI       49440                  July 2, 2002                                  9p.m. - 11p.m.
CITY, VILLAGE, TOWNSHIP                       DATE                                                 TIME.

                          -
BOND OR !NSURANCE FILED:                   ~cl: YES                 ( ) NO                                    AMOUNT               $ 1, 000, 000.

rssOED BY
                          Issued by action of the Ml /SK EGON CITY COMMISSION
                                                                        (=cil, eommiuion, board)_
                          of the     CITY                          of         MUSKEGON
                                       (eity. vdllOJe. cownship)                 (name of ci~. village. rDWNhip)




                                                                              (!1!91Uute .t. position of eoun.:il. eommi:uion or boud reprcscnutivc)
                   Stage & Effects Engineering, Inc.
Subject: Proposed effects Plan, Nickelback Concer1, 7!02! 2002; Muskegon Summer Celebration

To whom it May Concern:

       I have been referred to your office in regards to the proposed effects plan for
the 'Nickelback' concert. I would like to submit for your review our intended effects
plan, and to request your approval and advisement on ensuring we meet the
requirements of all authorities having jurisdiction.
      The proposed effects include both pyrotechnic and flame effect
elements. We have not finalized the pyrotechnic effects list for this
venue, as it will be contingent on meeting the approval and parameters
of all parties invested.

       The proposed pyrotechnic effects may include:
       5     Mortar Hits 1 T3
       9     Helicopter Bullet Hits
       3     Stage Mines, 15 1 , Red
       3     Stage Mines, 15' 1 White
       3     Stage Mines, 15', Blue
       5     Silver Flash Trays, 6"
       45    Waterfalls, 15s x 25'
       13    Airbursts, Sm., Popcorn
       3       Airbursts, Sm. , Red
       3       Airbursts, Sm., Blue
       10      A/B Concussions
       5       Flame Projectors, #200, Blue

       In Venues that do not support propane flame effects, we may use;
      24     Flame Projectors, #200, orange
      In venues not allowing A/B concussions, we may use;
      10     SB-20
      Thus far, we are considering the use of two (2) accumulators,
which each support four (4) flame effects, for a total of eight (8)
positions for flame.      The height and duration of the effect is
controlled by the operator, and is predetermined according to the
parameters   of the     venue, the   cue,  and   the  Authorities  Having
Jurisdiction.
      Please find included the effects data package for your review.
Please let me know if you would like a copy of our equipment
registration, and by what means would be most convenient.
      Please advise of any additional information or documentation you
will require to approve of this plan, as well as any parties required
to be named as additionally insured. Ple·ase' also advise as to any
specific restrictions or concer~s regarding the use of propane.
      If you have any que_st_ions or concerns, please feel free to
contact me any time_. _


                                                Best regards,
                                                Rachel Kane
                                                Tour Coordinator
                                                Stage & Effects Engineering
                                                rkane@jemfx.com



                  24932 Avenue Kearny Suite 1 Valencia, CA 91355
                      Office 661-702-1367 Fax 661-702-1368
                                                                                                                                      231      724 ' 4178                                       P. 0 ·2
MAY-21 -200 2                      12: 28                  PM     CITY.CLERKSsOFFICE




   FM- 32( 12-8B1
                                                                                                APPLICATION
                                                                               FOR FIREWORKS DISPLAY PERMIT
                                                                                      Ac:t 358, P.A. 1968                                                     1; A i \ ~     ;i/4zN
                                                       .
 1. TYPE OF DISPLAY:                                                     G1"   Public Display
                                                                                                                                      •        Agriculturol Pest Control

 2, APPLICANT
                                          ,!;                                          AOORESS                                                                                    AGE: Must be 21         or over
                                                                                                                                    .5'v/] ~ 1_
    NAME OF PERS.f)N/
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                                                  I
   EXf'fRlfNCE:
    NUM8ER-f YEARS                                NUM8ER        OF DISPLAYS
                                                           ":i"O +
                                                                                       WHERE

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                                                                                           ADDRESS
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    91436•!007                                                                                                                              ·
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011' INSUAANC&LISYEO         enow HAVB !!!EN V3:iUEOlQ TP:C: INSLfflEO l'lAMf:C p,~OVI? FOR lHE FQl,,lclY l"l!RIOD IH01c.r.Tm. NOTWITM                       , NDltJ(il
 ~NT, TERM     oa CONDITION QF ANV OONTR.6.CT CiR on,~ JOCUMENT\NJTW: ~P-CTTQ \Vl'IIC:1-1 Tl-l.1$ C~T~ICAre MAYBE ISSUED 0
 Tl11! INBURANCli A'l'FO!t.OEO 8V THE F01-1C1!!S OESCRIBE.O ti!l'A!l')CLAlr.15.                                                                          "

                                                          POLICY NUMBER                                                                   ~---+---------1                  LIM\f$


                                     C1-CL04010520                                           02/09/0~




                                                                                                                                                                                '
                                                                                                                                                                                I




                                                                                                                                           O'fHER THAN!                         •
                                                                                                                                           AUT0¢ti!L.YI ·,

                                                                                                                                           EACKoaou          1mce
                                                                                                                                                                                •4
                                                                                                                                                                                $   000 ,000
                                     C1CL04010S30                                            0.2/09/02                    J.2/31/02        ~GMiGfl~·                            '4. 000 ,001?,__,

                                                                                                                                                                                '



         JIONel~OC'ATiQN~NEH\CU!$11!,W!,,\!elON$ AO~r.o9'( IHDOIWiMCNT/SPC l~L P                             \llS'!ON!l
cttd,i$he"'1
                                              ENGINEER'S ESTIMATE APRIL 12, 2002
                                                    H-1542, HOUSTON AVE from 1st St to 3rd St

                                                       STREET & WATERMAIN IMPROVEMENTS

                                  DESCRIPTION
                   -------------'-----'------         QUANTITY       UNIT      UNIT PRICE       AMOUNT
                                              --------t------'=~+-----'=-'----t--="---'-'-"=+--'--'==:_:_---1
                ABANDON WATER SERVICE                      1         EACH          $250.00          $250.00
      ___ 2;;-_,A_~D:,J::':U::':ST:':MA':'::'N:'H::-'O:=L=cE--=C'--'AS--=T=IN':'G=:----c----:::--::-:-::--------t--:-=6:--=----t-=cEACCC:::-'H--t--"$4-'-0:CO:'-.oc:o+--$:"2?,::-40:::0::_,0:::0:___
        -- 3 ____ AGGREGATE BASE COURSE, 2_'2A,,_8~"--=C--=·'-~P------'------+-----'1--=5-:-12=-+-----;:S,:-Y':;D';-;--t---=::-$5:C:.:coo::--+_--"$'c7' ::5:;-60:c:·::-o"---o
           4      BEN_D_s. 8", 45__D_EGREE, _DLM,J_                                _ --------            . _ ------4__ _              EACH            ___$"'2"0'::0:':.0c:0+_ _$"'8"0c:0:':.o"o'--l
           5 BIT APPROACH                                                                                               1              TON                  $100.00                   $100.00
                                                              - - - - - - - - - - - -----t-----'---l-·--'---'"--'----j--"==c+--===-i
          6 . _BIT_ LEVELING MIX 3C@ 220#/SY.-CD-----'------- --+-!-~"----+-T=-O=N-+-----'$4'--'-'-5--=.o--=o+-----'$C::8'-C,1--=o--=o:.:,Oc::0--1
                                                                                                                      180
          7 BIT TO_P MIX4C@ 16511/1,YD                              ______          ___                   ···- -····· 135 - - - TON _                        $55.00               $7,425.00
          8       CATCH BASIN CASTING EA_ST JORDA_N_#_~45_0R EQ_lJ_AL                                                   4             EACH___ ____ $'-'5--=0--=0_:_.0:.:0+---'$"'2~,o--=o--=o-'-'.O"O'--l
    .. __9 __ CATCH BASIN SPECIAL DETAIL                                                                                4             EACH               $1,300.00                $5,200.00
         1_Q___G_ONCRETE CURB & GUTTER, DETAIL F-4 MODIFIED                                                           950            LIN. FT.                  $9.00              $8,550.00
         1_1 __ :c:oNCRETE DRIVE APPROACH, 6", STD.                                                                   207
                                                                                               _ ---- -- --==-+--=Sc:YC::D:--+--$"'3:"0:'-.o::Co+                          __$:::6,,,2:::1,.:0:c.O:::O'-I
      12__ CONCRETE__SID_EWALK,>f'_                                                                        _           550                               SFT      _$=c2c--.:c75;:--t------c-$--'1,':=5c:c12=-.=-50c--,
    . 13_,CONCRETESIDEWALK,6"                                                                                          390                ---            SFY- --    $3.25                       $1,267.50
      14 'CORPORATION STOP 1" MUELLER #15000 OR EQUAL                                                                   8                               EACH     $300.00                        $2,400.00
      15 :CURB STOP I" & BOX MUELLER #15150 OR EQUAL                                                                    7                               EACH     $300.00                        $2,100.00
                                                                                                  ---+-----,
      16 :MACHINE GRADING                                                                       STA.         4.9
                                                                                                         - ~$500.00
                                                    ··------------·---..- - - - - - - - --·--- ----------, - - --t- - - 1 - - -$2,450.00    ~~--
    - __1_7___ JMANHOLE CASTING EAST JORDAN #1000 OR EQUAL                           3         EACH             $500.00                   $1,500.00
      _j8 __ ,PAVT MRKG, OVERLAY COLD PLASTIC, 6", CROSS WALK                     150           LFT                 $1.50                    $225.00
        19 jPAVT MRKG, OVERLAY COLD PLASTIC, 18'', STOP BAR                        26           LFT                 $2.00                      $52.00
       20-/PAVT_MRKG WATERBOF!t,i_E._4'',YEL~o;v___ -: _ _                        125           LFT                 $1.00                    $125.00
       21 'RECONSTRUCTING MANHOLE                                                    2          VFT             $300.00                      $600.00
       22 'REDUCER 8" X 6" D.I. M.J.                          ----------,--1---,- EACH                          $200.00                      $200.00
       23 :REMOVING CATCH BASIN
                                                                                -=-7~-i·····- EA_CH_________ $,--=50--=0-'-.occo-t-----=$3~·=-50c-:0~.0--=0-1
•      24 !REMOVING CONC. SIDEWALK
       25 'REMOVING DRIVE APPROACH
                                                                                  750 ___ , __S_F_T_-t--_-t$_1_.o_o__,__ ~-$--=7=-50=-.0=-0C7
                                                                                  135           SYD                 $8.00                $1,080.00
      ------·-
       26 !REMOVING PAVEMENT (INCLUDING CURB)                                   1760            SYD                 $9.00               $15,840.00
       27__ _iREMOVING TREES, 25" TO 36"                         .. ______ -··       1         EACH         $1,000.00                    $1,000.00
       28 _SLEE_VES_LCl_NG,8", D.I. M.J.                                       ___:2=-------f-EACH         _$--=3_0_0._00-+----=$6_0_0_.o-to
       29 :.STQRM SEWER,_12'\_<;:7_6._C:::LA=-=S-=S__.V_ _ _ _ __     ---+-1Q~----- ·- LFT                        $30.00                 $3,240.00
       30 TERRACE GRADING
                                                                        ___ -----'45"'a'---+--LFT -f-------'$"'8"'.o--=o+-_$""3"',6:.:6--=4:.:.o--=--10
       31 TRAFFIC CONTROL                                                        . __1____ ·-· LUMP __ $3,QO.-'O"-',O--=O-t-----=$--=3,:.:0--=00:.:.0--=0'--I
        32 WATERMAIN,8'.',D.I.CLASS 52           ___      /·····-·2··-7_0.... ,   LFT               _          $30.00                  $8,100._()Q__
        33 LWATEI, METER PIT, COMPLETE ____________ ------·-- _ _:_1_-+-----'E--=A-'-C'--'H-'---+--$'-'5'--'5--=0'--',0--=0-t--_~$--=5--=5--=0_:_.0:.:0
    ___ 34 __,WATER SERVICE, 1", TYPE "K" COPPER                    260           LFT                          $16.00                 $4,160.007
       35 _ WATER_\/AL_V§_BClXIINDC:ClVER, COMPLETE                __ ______ _              _____.4 ________ ··- EA__C--=H-----'--+-----=$3_0--=0--=.0_0-+-__$~1~,2_0_0_.0_0--,
                                                                       SUBTOTAL
                                                                   -- ------
                                                                       -·------ -- -- --+"·                       --   -   -   -----,--,J-,--- .... -
                                                                                                                                                            $106,261.00
                                             _ . _________1_
                                                           5'¾~o_E_N_G__I_N_E_E_R_IN_G-+-_ --- _____ _ ------ --· ·- -----t--$~1_5~,9_39_._15__,
                                                                              TOTAL                                                                         $122,200.15
Date:     June 111, 2002
To:       Honorable Mayor and City Commission
From:      City Clerk Gail Kundinger
RE:        Economic Development Revolving Fund Program
           Policies and Guidelines



SUMMARY OF REQUEST: To adopt the amended policy for the
Economic Development Revolving Fund Program.

FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:. To adopt the policy.
COMMITTEE RECOMMENDATION:            The Community Relations
Committee recommended adoption of the policy at their June 3, 2002
meeting.
                                                                             2002-71 (ct)



                                   CITY OF MUSKEGON

                    ECONOMIC DEVELOPMENT REVOLVING FUND
                       PROGRAM POLICIES AND GUIDELINES



 PURPOSE

The purpose of the City of Muskegon Revolving Loan Fund is to promote economic
development in the City of Muskegon through the provision of capital for new and
expanding locally-sited businesses, with a special emphasis on minority and female
entrepreneurship. The Revolving Loan Fund is intended to supplement but in no way
replace conventional financing sources.

POLICY

Financing will be made available for sound business purposes where there is a
reasonable expectation of repayment, but where conventional lenders are unwilling or
unable either to accept the total risk or to make financing available under terms and
conditions which the applicant can afford. Priority under the program will be assigned to
ventures with conventional participation and minimal use of public funds either for the
project itself or for supporting public improvements. Principal and interest repayments
on loans from the Fund will revert to the Fund for support of similar activities.

In extraordinary circumstances, the Fund may be used to finance public improvements
necessary to support private developments, where those impr-ovements are critical to the
success of the project, and where the overall development will result in creation of
permanent, full-time jobs. The Fund, however, is intended to be permanent and self-
sustaining, and no disbursements should be made without the expectation of full and
timely repayment.

I.     ELIGIBLE ACTIVITIES

        Loans from the Revolving Loan Fund can be used to finance acquisition and
        development, including land acquisitions as well as rehabilitation, modernization,
        and conversion of existing facilities and purchase of machinery and equipment.
       Working capital loans will only. be made if essentiai to the creation or retention of
       jobs. Project must conforrn;,ie·focal zoning and/or building codes .
                                    .,,,..   '

       Loans may be used to finance industrial, commerc:ial and multi-family residential
       development which is conformance with the properties and restrictions
       established for this program.




                                                 1
           A.     Industrial Development

                  1. Job Creation or Retention - It shall be a goal to establish or
                     retain one permanent job for Muskegon residents for each
                     $15,000 in financing provided by the Fund. Projects involving
                     the hiring of City residents or long-term unemployed will be
                     more favorably consider-ed.

                  2. Project Location - Preference will be given to industrial
                     projects which promote sound land use planning in one or
                     more of the following ways: (i) location of a new industry in an
                     industrial park; (ii) relocation of an industry to achieve
                     conformance with an official land use plan; (iii) reuse,
                     renovation, or modernization of facilities currently located in
                     areas appropriately zoned.

                  3. Type of Industry - Priority will be assigned to growth industries
                     with little or no negative impact on the environment.

           B.     Commercial Development

                  1. Job Creation or Retention - It shall be a goal to establish or
                     retain one permanent job for Muskegon residents for each
                     $15,000 in financing provided by the Fund. Projects involving
                     the hiring of City residents or long-term unemployed will be for
                     favorably considered.

                  2. Project Location - Preference will be given to financing for
                     commercial development projects to be located either in the
                     downtown, or on the lakefront and in conformance with official
                     land use plans. Also, preference will be given to projects
                     involving · the renovation or preservation of historic or
                     architecturally significant structures.

                  3. Type of Business - Priority will be assigned to commercial
                     development which contributes to a diversification of the area
                     economy, with little or no negative impact on the environment.

           C.     Residential Development
                              -, ",!'.,:~"

                  Preference ~Ill be given to financing for market rate commercial
                  housing to ·be located in the downtown. Also preferences will be
                  given to projects involving the renovation of preservation of
                  historic or architecturally significant structures.


II.   LOAN POLICIES

      A.   Assistance from the Revolving Fund may be made available in the form of
           loans or loan guarantees, under terms established by the City


                                             2
       Commission with the advice of the Loan Fund Advisory Committee. All
       loans should be secured by assets having a value equal to or exceeding
       the loan amount. No loan or loan guarantee shall be extended if funds
       are otherwise available from private lenders or other federal agencies on
       terms which will permit the accomplishment of the project.

 B.     It is the City's intent that the RLF loan portfolio be well diversified.
       Accordingly no single loan or series of loans to a single recipient will be
       allowed which exceeds twenty percent (20%) of the net collectible assets
       of the Revolving Loan Fund, with the exception of a significant public
       - private partnership project (in which case the amount may exceed
       20%).

C.     The applicant shall provide at least twenty percent (20%) equity in the
       total business or project. It is the intent of this program that loans be
       made to supplement (but not replace) private financing where such
       private financing alone is insufficient to make otherwise worthwhile
       projects feasible. Accordingly, no loan will be made unless private
       financing equal to at least fifty percent (50%) of the total project cost has
       been secured (or can be confirmed contingent upon RLF loan approval).
       No more than thirty percent (30%) of total project costs should be
       provided by the Revolving Fund for a new business, or forty percent
       (40%) of total assets for expansion of an existing business. "Total
      Assets" as used here includes those assets anticipated to be purchased
      or constructed with proceeds of the requested loan. Interest rates will
      normally be set at one-half of the prime rate (as quoted in the daily Wall
      Street Journal) plus two percent (2%). The term of a loan shall not
      exceed five (5) years, or three-fourths of the estimated economic life of
      the structure, whichever is less. A loan to a tenant .may not extend
      beyond the unexpired term of the lease, excluding any options to extend
      the term of the lease that have not been exercised prior to loan approval.

D.    Applicants will be · required to submit a business plan, financial
       statements, including balance sheets, income statements, and supporting
      statements, for the applicant's three (3) most recent fiscal years. A credit
      check will be conducted on all applicants and may be used in determining
      the applicant's credit worthiness.      In addition, the City will require
      submission of projected pro forma balance sheets and income
      statements, cash flow, and supporting statements of the applicant on a
      quarterly basis. Appljcants may also be -required to submit additional
      information as deterr~ffied by the City or the Advisory Committee.

E.    Loan conditions wilfinclude the following, as determined by the City:

      1.     Fire, hazard, and normal business insurance on all assets for the
             term of the loan;

      2.     Subordination of the applicant's shareholder debt and all debts of
             shareholders to the loan;

      3.     Restrictions on salaries and dividends during the term of the loan;


                                   3
               4.     Personal guarantees (including spouses and security in other
                      assets);

               5.     Such other conditions as the City determines are necessary to
                      assure the safety and soundness of the loan.

              6.      Favorable credit check;

              7.      Adherence to the City of Muskegon's Affirmative Action policies
                      and goals, including submission of an up-to-date affirmative action
                      plan; and

              8.      Current and projected employment profile detailing place of
                      residence, racial and gender characteristics, and employee
                      classifications.

       F.     Loans will be approved only on the condition that the applicant not
              relocate facilities or employment outside of the City of Muskegon during
              the term of the loan. To the extent possible, loans will be approved only if
              it can be demonstrated that the collateral exceeds the loan amount.

       G.     Principal and interest payments will commence on the date(s) set by the
              City.   The applicant must submit quarterly financial statements in
              conformance with Generally Accepted Accounting Principles (GAAP).

Ill.   ADDITIONAL LOANS

       The RLF is intended to be a one time financing source for business start-ups and
       expansions. Requests for additional financing from the RLF will only be
       considered under extraordinary circumstances. Such requests, in addition to
       meeting all of the aforementioned loan criteria, will be considered only if (a) at
       least fifty percent (50%) of the original loan balance has been repaid; and (b) all
       payments required under the original loan repayment schedule were made in a
       timely fashion.

IV.    LOAN FUND ADMINISTRATION

       Prior to making any loan commitment from the Revolving Fund, the City will first
       obtain the advice of the Loan Fund Advisory Committee (LFAC), a committee of
       five members appointed by~~l! Mayor and Commission approval. Membership
       on the committee will be as follows:

       A.     Two representatives from the City Commission;

       B.     One representative from area financial institutions;

       C.     One public sector representative; and

       D.     The Finance Director or Designee.



                                           4
V.    EXTRAORDINARY CIRCUMSTKJcES

      A.     It is the intent of the City Commission that all loans conform to the policies
             and guidelines outlined herein.        Accordingly, each loan application
             submitted to the City Commission for approval must include a summary
             "scoresheet" indicating whether or not the proposed loan adheres to each
             of the specific policies and guidelines in this document.

      B.     Notwithstanding the above, it is recognized that the assets of the
             Revolving Loan Fund may be used for projects or purposes not
             contemplated here or for loans that do not meet all of the policies and
             guidelines outlined. In such cases, approval by a two-thirds majority of
             the City Commission will be necessary. Commission approval shall be
             required for the use of funds for public improvements, purchase of land or
             equipment by the City, or other public purposes.




                                                                           91-86e
                                 Economic Development Revolving Loan Fund Policy 1
                                                                          8-27-91
Adopted J une 11, 2002 .




                                                       Gail A. Kundi nger
                                                       eity Clerk




                                 :, ~!}:~,-.
                                 ~.




                                               5
Date:    June 11, 2002
To:      Honorable Mayor and City Commission
From:    City Clerk Gail Kundinger
RE:      An Ordinance to Adopt the Michigan Vehicle Code



SUMMARY OF REQUEST: To adopt the Michigan Vehicle Code by
reference.

FINANCIAL IMPACT: None.

BUDGET A~TION REQUIRED: None.

STAFF RECOMMENDATION: To adopt the ordinance.
Date:         June 11, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Light Fixture & Exit Signs Replacement in the
              basement @ City Hall




SUMMARY OF REQUEST:
Authorization to enter into a $16,970 contract with Belasco Electric, out of Muskegon, to
replace a total of 177 outdated fixtures in the basement of City hall with a TB lamps &
electronic ballast in accordance with the recommendation outlined in the energy analysis ~
report prepared by Tower Pinkster Titus Associates earlier this year. According to the
report, the fixture replacement will have a 5. 72-years payback and an expected life of 25-
years.



FINANCIAL IMPACT:
The cost of $16,970.



BUDGET ACTION REQUIRED:
None at this time. The cost will come out of the City Hall budget and any necessary
revision, if one becomes necessary, will be reflected on a future quarterly update.



STAFF RECOMMENDATION:
To approve a contract with Belasco.



COMMITTEE RECOMMENDATION:
        EXECUTIVE SUMMARY

        The City of Muskegon agreed to participate in the State of Michigan's School and Local
        Government Energy Initiative program. An Introductory Energy Evaluation report was
        performed for the City Hall and eight other buildings, the report for which was published in
        January of 2001. In August of 2001, the City contracted with Tower Pinkster Titus Associates,
        Inc. to serve as the energy analyst to prepare the Technical Energy Analysis report which
        follows.

        The building is approximately 30 years old and houses the City of Muskegon's municipal offices
        and police department. Its two floors and basement comprise an overall occupied area of
        approximately 60,000 square feet. The building envelope is primarily concrete masonry unit
        construction with double glazed windows and a low overall glass to wall ratio .

        Natural gas and electricity are the two energy commodities which are used for supporting the
        building's internal functions and maintaining occupant thermal comfort. For the study period
        which covered the twelve consecutive utility billing months ending with June of 2001, energy
        consumption statistics were as follows:

        Commodity                            Annual Usage                  Annual Cost                  EUI*
        Natural Gas                           70,168 ccf                    $33,324                              120,455
        Electricity                           1,112,056                     $64,102                               63,239
                              Total                                         $97,426                              183,694

        * Energy Utilization Index in BTU's per square foot

        ,The energy analysis was performed using Elite Software's EZDOE program which is a "front
        ·end" for Berkley Laboratories' DOE 2.1. This tool was used to build a theoretical model of the
         building which emulated its energy performance. A base model having reasonable correlation
         with actual energy consumption data was subsequently manipulated to emulate the various
         energy conservation recommendations so as to define their individual and collective impact on
         future energy use.

        Most of the recommendations defined in the report are related to the building's HVAC and
        lighting systems. A single recommendation is also proposed for the domestic water heating
        system. The envelope components were found to be performing satisfactorily and no
        recommendations are made. The entire program, which is recommended for full
        imp 1ementahon, 1s summanze. d mt
                                       . he fio11owmg tabl e:
                   --           --                         --
        ECM         Description                                                    Cost     Savings   Payback     Useful
        & Page                                                                      ($)       ($)      (years)     Life
        DH-1/11     DDC control ooint for domestic hot water circulator               500       183     2.73        10
        HC-1/12     New hot water boiler/summer shutdown of steam olant /          42,600     3,001     14.20       20
        HC-2/13     Occupancy-based outdoor air ventilation manal!ement            17,520     6,000     2.92        15
        HC-3/14     Separate occupied/unoccupied control for reheat zones           9,570     1,488     6.43        15
    ·· L-1/15       Storage room occupancy sensors                                  1,136     1,165     0.98        10
                                                                                      852       270     3.16        10
        L-2/16      Toilet/Janitor Closet/Conference Room occuoancy sensors
                                                                                              3,023     5.72        25
                                                                                                                                   I
                                                                                   17,302
-r-;? ~ L-3/17      Light fixture and EXIT sign replacement                                                                ~


                                                         PROGRAM TOTALS

                                                                   2
                                                                                   89,480    15,130     5.91

                                                                                                                               -
                                                                                                                                   I
                                                              --       -             --
                                                                                                                       f
To: Mohammed Al-Shatel
From: JR Gann
Date: 4-8-02


This is to recommend Belasco Electric of Muskegon to replace our lighting fixtures in the
basement of City Hall and Police dept. The energy audit advised us the cost would be
$17,302. And the low bid is from Belasco for the price of $16,970. We will replace the
existing fixtures with electronic ballasts and T-8 tubes.


JR Gann
Bldg. Maint. Supvr.
City of Muskegon




                                                                                            ,
                                                                                                  CITY OF MUS~EGON
                                                                                             TELEPHONE BID. ,.. .TABULATION
Date           Z. - / 9. .                 0 ----                                                                     Requisition ________________



                                                                      Name of Bidder·                                                             Harne of Bidder.                                    Name of Bidder
                            Vendor                              (J   1h vJ.-.                            F /,._ r...,T                ..   w;'{-T~ ;;;..... c.,f.                               J?e.,)o. Seo    r='(~<.,-J-.
                          Telep~one
                            Num er                                                                                                          17'?, - 00l 1                                         7   2-2.- :-? C/ 9)
                                                                                                                                                                                                                        '

                           Quoted
                                  By                             6).oQe/                                                              1? 1' / f    I( &\\N\ 1.1 e,"' ~     Cl •
                                                                                                                                                                                           ''     P,'ck
                                                         I.     Unit
                                                                     ..,                                                           · Ur.it                    V       \I                        Unit                  ..
Quantity             Description                                Price        Total Price                                          '.Price              ..   Total Price                         Price        Total Price
            R,_ e., f I ;,.   c,.__ 'ii di- -f'/1-"ti,,, it 5    .        J: i,, &, v.._ L. ..... 11..... ii
                                                                                                 .       .          '                                                      ~                                                ._ t,
                                                                                                                                                                                                                            --=--
              '" J,,,,,,.q_""'.__'--"---r I                                  I,, I' t,,.,,           ]       ----j > WI '-5                            ;t, 1:9/,                                            /(_;, ?70,
                                                                                                                                                                                                              . ,
             l,j I }--1,  1·  122-3991
                                                                                                                    QUOTATION
     ELECTRIC ~~                               FAX 722-1814
             Co., Inc.           ~             1391 Peck st.
                                               Muskegon, Ml 49441
            COMPLETE ELECTRICAL CONTRACTING

                                                                                                         '7 -
r     c:.:. l.,."'i o F /YI u.s~~"'
                                                                  7        DATE     O cSI, - /                      0 ;)_

      Cl'3'3 ~ c £ . .                                                     PAGE                {         OF     (
       rt1-"- fi~ 6,. ow, m::c li-"1' 9-Q
                                                                           REFERENCE               t.. , b f./-r, N G (.,,(,P &'1-ADE=-
i..!'TTENTION:     ~..R_             ('f;,4,vl\l                  .J                               ro    /2... C- I T 'I ,-Mt,{..,
WE ARE PLEASED TO SUBMIT THE FOLLOWING OUOTATION FOR YOUFI CONSIDERATION:

     IXIANTl1Y                                                 l)UCRIPTION                                                    UNI.PRICE

             1)      P/J.t c.£               AS       ():EQu.J=.~T#<:,                         -ro                          !/I !{,I q70,oo
                    ~Mc.£.                         ,t... I(,,, tl-T    FI /(TI:.,( ,'I£             s         {0
                                                                                                     '
                     r&              EE. ,ttJel2- G, .,. S ,+c.J I     fV (;:,,    s-ryL£'.
                      ~ l~ "(<.,t(U!;.             Q...,. ANT ITY            AN I':> S7fJ.E- AS
                       f' 0     J,,,1,-0 W   S:            Description                         Quantity                                       '
                                                        2L-20T12 vs. 2L-t7T8                                  14
                                                        2L-40T1.2 VlS, 2L-32T8                                120
                                                        4L-40T12 vs. 4L-32T8                                   27
                                                        2l•24U vs, 2l•17T8                                      4
                                                        2L-96T 12 vs• .(L•96T8                                  5
                                                        2L-96HO vs.2L•l:IIIT8HO                                 4
                                                        1l.-40T12vs. L-3218                                     1
                                                        Exit Inc. vs. t;Xit LED                                2

                    ffctc£             :kuCJ.. p f!/2,,,., IT!:.


                     AN'-/ aIIPMEIIT IN SQ
      DAI'$ OH~Y, UNLESS SUCH 'Ill" 19 U1'£HD£11 IN WAITIHC,
      GUANTITl&I SMOWN ABOVE ARE NOr QUARANTEE.11.
03/11/2002 14:59         FAX 2317731897                            WIRTZELECTRICINC                                            la) 01
                                                             '.



                                         ELECTRJC & COMMUNICATIONS
                                              1675 s. 5""'1dan • t.fusi oattyflf6. tomadn, .anddhcz"DGa21WJ ~upm.boV.t;wotk,. Worlunan's
   Compmo1im .,_d :Public Linbilily ~ on 21bovi!!Wor\. '6 betatm out by WlltZEl.mricad Camn.ui~r;,

   TIIISPROPOSALM.WBE WITHDRAWN BYUSIFNOT ACCllPtt!J WlTIIINJ0 DAYS.
                                                                                           c2,oo o< - 71 {l)


                                        CITY OF MUSKEGON

                        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 Belasco Electric Co., Inc. ("Contractor''),
of 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 before 7-31-02 .



Contractor will perform as set forth above for the complete contract price of $16,970.00

                                      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, 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:

      $ N/A       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 June 17 2002



,t~
~/SJ~
                                  CITY OF MUSKEGON

                                   Contract Between
                                   City of Muskegon
                                           and
                             Belasco Electric Co. Inc.


                                  STATEMENT OF WORK

See attached scope of services.




                                                Initials:

                                                Contractor: - - - -

                                                City: _ _ _ _ __
                                                      (staff member)
..       02/19/2002. l2:0E;        213772181.il                          . . ·.· BELASCO ELECTRIC                                   PAC:£   02 .



         BELASCO. es_._·..                 (231>m-a991                                               .. QUOTATION_.-·.
         ELECTRIC l.'hi
              C:O., Inc.      E.··.        FAX 722-1814 ·.·
                                           1391 Pack Sf. ·
                                           Muskegon, Ml 49441 · .·
            COMPLETE ELECTQICAL CONTAACTIN$ ·




WE 111\E Pl.E;t.SED TO SUBl,MT IBE FQl.LO\'MIG QUOT)ITtOli FQR YOUFI CONSIDEAATION:

     IIIIAN'IITY                                        -Ill!   Rill 1011 .                                               UNITl'FIICI


              ij Pat c...6                AS       /l£CJ'-' ,J;r~771f!o ~o
                    ~~                         k   fr.,. f-1.. -r . Ft Kr'-< ll.l!i$ -ro

                    re        £E..,v£:t'2. Go...,.    s ..-..;   1 ""'   r,,,,. s rJll.£. .

                     F l )cru t'U!             Q   1.1- A.v "r ITY            ANO S 'J'/J.ft..
                                                                                        .,.,.:
                                                                                               AS
     •




                   f /l..( c.£     '3/tJO,;i.A.. ( ~ ! · · A, jd... ~ D i 2 ; ~
                    ~1c:Po!i;A,t_          c:,P- t:,.,_,.,.-c.1n$S:
                                               .                . .      _-     ti'
                                                                                      AAlb
                                                                                       .
                                                                                                   f£!12,...1TS_. •. ·.



                                                                                                             l 77
                                 U,>.8.                                        ·.·. Tiia.,i:
                                                                                               1,- c"i   ~,.,.A,.._   ·
 C    .
           ACORQ. CERTIFICATE OF LIABILITY INSURANCE
     PRODUCER           (616)454-7153                    FAX (616)454-1718
                                                                                                                                         06/19/2002
                                                                                           THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
                                                                                                                                                        I       DATE (MM/OD/VY)




     Universal Insurance Services, Inc.                                                    ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                                                                                           HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
     648 Monroe NW - Suite 300                                                             ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
     Grand Rapids, MI 49503
                                                                                                             INSURERS AFFORDING COVERAGE
  INSURED           Belasco Electric, Inc.                                               INSURER A:    Hastings Mutual Insurance Co.
                    1391 Peck St.                                                        INSURER B:
                    Muskegon, MI 49441-2123                                              INSURER C:
                                                                                         INSURER D:
                                                                                         INSURER E:
                         '
  COVERAGES
          THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
          ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
          MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH
          POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
 INSA
  LTR                    TYPE OF INSURANCE                       POLICY NUMBER         P~}t~~:if68;QrE p2k!fl1~~xm:JlgN                           LIMITS
           ~NERAL LIABILITY                           cPP9369531                       05/01/2002        05/01/2003        EACH OCCURRENCE                  $        1,000,000
                X   COMMERCIAL GENERAL LIABILITY                                                                           FIRE DAMAGE (Any one fire)       $          100,000
                        7 CLAIMS MADE [K] OCCUR                                                                            MED EXP (Any one person)         $            5,000
     A     ~
                                                                                                                           PERSONAL & ADV INJURY            $        1,000,000
                                   ..                                                          .                           GENERAL AGGREGATE                $        2,000,000
           h·LAGG~nE
           ~


                                   UMIT APnS PER:                                                                          PRODUCTS· COMP/OP AGG            $        2,000,000
                                   PRO·
                    POLICY         JECT     LOO

           1
            _   AUTOMOBILE LIABILITY                  LilCV9369525                     05/01/2002       05/01/2003         COMBINED SINGLE LIMIT
                                                                                                                                                            $
           ~
                                                                                                                           (Ea accident)
                    ANY AUTO                                                                                                                                        1,000,000
                    ALL OWNED AUTOS
           -                                                                                                              BODILY INJURY
                                                                                                                          (Per person)                      $
                    SCHEDULED AUTOS
  A -
    -
      X             HIRED AUTOS
                                                                                                                          BODILY INJURY
                                                                                                                                                            $
           .X       NON-OWNED AUTOS                                                                                       (Per accident)


           '-                                                                                                             PROPERTY DAMAGE
                                                                                                                                                            $
                                                                                                                          (Per accident)

           RAGE LIABILITY                                                                                                 AUTO ONLY· EA ACCIDENT            $
                    ANY AUTO                                                                                                                   EAACC $
                                                                                                                          OTHER THAN
                                                                                                                          AUTO ONLY:              AGG $


           00
                EXCESS LIABILITY

                    OCCUR       •       CLAIMS MADE
                                                      LILC9369523                      05/01/2002       05/01/2003        EACH OCCURRENCE
                                                                                                                          AGGREGATE
                                                                                                                                                            $
                                                                                                                                                            $
                                                                                                                                                                    2,000,000

  A
          R         DEDUCTIBLE
                    RETENTION      $
                                                                                                                           000000
                                                                                                                                                        $
                                                                                                                                                        $
                                                                                                                                                            $       2,000,000


                WORKERS COMPENSATION AND
                EMPLOYERS' LIABILITY
                                                      WC9369532                        05/01/2002       05/01/2003           ITORY LIMITS I IVER"
  A                                                                                                                       E.L. EACH ACCIDENT            $              500,000
                                                                                                                          E.l. DISEASE· EA EMPLOYEE $                  500,000
                                                                                                                          E.l. DISEASE· POLICY LIMIT    $              500,000
                OTHER




1..DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
~ity of Muskegon is added as Additional Insured.




CERTIFICATE HOLDER                         l l   ADDITIONAL INSURED; INSURER LETTER:    CANCELLATION
                                                                                           SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

                                                                                           EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL
                    City of Muskegon
                                                                                           ____lq_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
                    Attn: JR Gann
                    933 Terrace Street                                                     BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY

                    PO Box 536                                                             OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
                    Muskegon, MI 49443-0536                                             AUTHORIZED REPRESENTATIVE

                                                                                        Walter Wendell                 fo'~al-                                  11,., ()   f'
ACORD 25-S (7/97)                                                                                                                        ©ACORD CORPORATION 1988
                                                                 IMPORTANT


                    If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
                    on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

                    If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
                    require an endorsement. A statement on this certificate does not confer rights to the certificate
                    holder in lieu of such endorsement(s).



                                                                   DISCLAIMER


                    Th.<, Certificate of Insurance on the reverse side of this form does not constitute a contract between
                    the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
                    affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.




ACORD 25-S (7/97)
Date:         June 11, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Shoreline Dr. East Rail Purchase




SUMMARY OF REQUEST:

Authorize the sole source purchase of 7,542.9 feet of rails necessary to construct the new
railroad as part of the proposed Shoreline Dr. East for a total cost of $72,439.44 in
accordance with the City/CSX agreement which was executed back in 1999. The rails will
be sold to the successful contractor.



FINANCIAL IMPACT:
The cost of purchasing the rails of $72,439.44.



BUDGET ACTION REQUIRED:
None at this time. The cost is expected to be a part of the anticipated grant from MOOT.


STAFF RECOMMENDATION:
Approve the purchase of the rail and authorize staff to issue a purchase order to buy the rails.

COMMITTEE RECOMMENDATION:
    Date:         June 11, 2002
    To:           Honorable Mayor and City Commissioners
    From:         Engineering
    RE:           TEDF Category F-Grant Applications


    SUMMARY OF REQUEST:
    Your permission to submit TEDF Category F Grant application for the Milling &
    Resurfacing of Sherman Blvd. from Lincoln to Beach Street. Estimated cost is
    $300,000.



    FINANCIAL IMPACT:
    A 20% match plus engineering cost which are estimated at $100,000 if the project is approved .

•

    BUDGET ACTION REQUIRED:
    None at this time. However, should the project get approval, we would have to include it in
    the 2003 Capital Improvement Budget.


    STAFF RECOMMENDATION:
    Approve the submittal of the grant application.



    COMMITTEE RECOMMENDATION:
                                           Resolution No.
                                        2002-72(a)
                                 MUSKEGON CITY COMMISSION

            RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN
             TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION


     WHEREAS, the Michigan Department of Transportation has made available grant
     funding for the roadway project deemed necessary to advance economic
     development projects; and

     WHEREAS, the City of Muskegon desires to continue the improvements of it major
     street system; and

     WHEREAS, preliminary cost estimates associated with each project have been
     identified,

     NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit application
     to the Michigan Department of Transportation - Transportation and Economic
     Development Corporation in various amounts to be matched with local resources.
/j

     Resolved this 11th day of June, 2002.

            Ayes:    Larson, Schweifler, Spataro, Warmington, Buie, Gawron



            Nays:    None


            Abstentions:    Shepherd (absent)




     RC/g
                                 CERTIFICATION
                                   2002-72(a)


This resolution was adopted at a regular meeting of the City Commission, held on June
11, 2002. 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



                                           LO.~·
                                   By _ _ _~ - - - -- - ~       ~- - - -- -
                                        Gail A. Kundinger, City 6ferk
Date:         June 11, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Black Creek Road Project


SUMMARY OF REQUEST:
Direction as to whether or not a special assessment should be created to mill and
resurface Black Creek Rd. between Sherman & Latimer. As instructed, the engineering
department mailed letters to all business owners abutting Black Creek Rd. between
Sherman & Latimer to gauge their interest in paving the aforementioned section of Black
Creek Rd. in light of the recent commission action to limit the assessable amount to 45%
of the total cost of improvements.

A report on the response from businesses will be provided during the meeting.

FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize staff to proceed with preparation for a public hearing to create a special assessment
district.



COMMITTEE RECOMMENDATION:

                                                           *L   et.c..M'---

                                                               ,_\.i,,_-<,}-
                                                                               u..)   ~
                                                                                u,.JJ,f
                                                                                          /    Q'>           \/ft Amendment.doc
                                                                             H-1536 BLACK CREEK, SHERMAN TO LA TIMER

                                                                2ND PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION


                                                Ell:            PERCENTAGE                                                    TOTAL NUMBER OF PARCELS -14
                                                                                                     FOR                                                               OPPOSE
                                                                                LETTER#   ST#   ST NAME        PARCEL#        FEET        LETTER#   ST#     ST NAME           PARCEL#              FEET
TOTAL ASSESSABLE FRONT FOOTAGE                 4566.750 ..*..
                                                                                                                                                     2451    BLACK CREEK 24-695-000-0056-00       309.33
                                                                                                                                                     2350    BLACK CREEK 24-134-400-0006-00       285.00
FRONT FEET OPPOSED                               1832.63           40.13%                                                                            2300    BLACK CREEK    24-134-400-0003--00   658.30
                                                                                                                                                     2325    BLACK CREEK    24-134-400-0002-10    300.00
RESPONDING FRONT FEET IN FAVOR                     0.000           0.00%                                                                             2534    BLACK CREEK    24-695-000-0055-00    280.00

NOT RESPONDING - FRONT FEET IN FAVOR           2734.120            59.87%

TOTAL FRONT FEET IN FAVOR                      2734.120            59.87%




                                                                               TOTALS                                         0.00                                                                1832.63




                                       TABULATED AS OF: "##### 04:36 PM




                                                                                                    ~     .


                                                                                                              6/11/02 4:36 PM 2nd TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON BLACK CREEKxls
                                                                                  MUNN PROPERTIES                                 PAGE          01/01
 06/11/2002      06:02           2319413385
                         (,_        ~S,( J~ I \-H--1 __ )




                                                         RESPONSE CARD

                                           Black Creek Road, Sherman to Latimer
                                                         YOUR VOTE COUNTS!
                                                                                                   .- . ·- ,. - . -
                                                                                                                 ~__.,.                   _..

    · -· -· - -i'lea:1e vote irteilliei favor of'or opposed to the Special Assess~ent Street Paving Project

                  I AM IN FAVOR                           •                                       I AM OPPOSED            ~

       °""'~~-,.~ co0w.,.,...,..
.l'f~i11d::Js:'!--.,_...,..,._ l / . ~ ~
--~-~~re                             I                         .J/'11,tfl:,
                                                                                       Ad""•~
                                                                                       Signatur                           ~1
                                                                                                                             1f ;        .._,.

               THANK YOlJ FORTAKING TIME TO VOTE ON TlllS IMPORTANT ISSUE


        MaiJ to:               City ofMuskegon933 Terrace St.                                     Muskegon, Ml            49442
        OR
        Fax To:                (231) 727-6904




        $~tNO.COMMOlll2001 MASTERFlt.i\nOIECTSlblack cne.lr ..-J.fflS36\Com111inion All\tllHlmwil.doc
                                                         PORT CITY GROUP                          PAGE   01
05/31/2002       14:25    2317777319




                                            RESPONSE CARD

                                Black Creek Road, Sherman to Latimer
                                            YOUR VOTE COUNTS!
        --   .                         -                              •-   ----·~ -- -   -----·          --·---
             Please vote in either favor of or opposed to the Special Assessment Street Paving Project

                  I AMIN FAVOR              •                       I AM OPPOSED            ~

       Owner         &uce        0-        (::5'5G-Y         CoOwner/Spouse
                                                                                  ------
       Address
     ~ Signature
                     9.35-o   'T? 1..4<,K ~(?~EK.,        Address_ _ _ _ _ _ _ __
            Sii:nature~dtV::r f(1          ::::r::> ( t ::f e n:-   Signature_ _ _ _ _ _ _ _ _.

        ~           T ~YOU FOR TAKING TIME TO VOTE ON TIDS IMPORTANT ISSUE




                                (231) 727-6904




10/t0       39\ld                       dOId31NI lNOd~dO8d\lH                0S8€LLL tEZ t     9S!tt         Z00Z/0t/90
                                                   RESPONSE CARD

                                     Black Creek Road, Sherman to Latimer
                                            YOUR VOTE COUNTS!
      Please vote in either favor of or opposed to the Special Assessment Street Paving Project

           I AM IN FAVOR
                                                    •                                       I AM OPPOSED



                                                                                 CoOwner/Spouse_ _ _ _ _ __
                                                                                 Address
                                                                                        ----------                 •
                                                                             __, Signature_ _ _ _ _ _ _ _ __


        THANK YOU FORT AKING TIME TO VOTE ON THIS IMPORTANT ISSUE


Mail to:               City ofMuskegon933 Terrace St.                                       Muskegon, MI   49442
OR
Fax To:                (231) 727-6904




S:\ENOTNEERING\COMMON\2002 MASTER FILE\PROJECTS\black creek road,H 1536\Comminion Amendment.doc
Sent By: WESTSHOAE CONSULTING;                    2317733453;                  Jun-11-02     3:30PM;           Page 1 /1




                                        Westshore Consulting
                                      2534 Blacl<.Crcck Ro•rl • Muskegon, Ml 49~44
                                        Ph: (231) 777-3447 • flf: (231) 7rJ-:J45'.!
                                               F.111;til: Wc:s,;shorel (ij>.aol.(<1111




                                       MEMORANDUM

         To: Engineering Department, °{.tyy ooff M
                                                 ~uuskego                            , Dute: _J_u_n_e_J_.1_,_2_0_0_2_ _
      From: Dexutis W. Dunlap, ~EO ( _ . ~                           ~ F i l e No. _N_A_ _ _ _ __
         Re: Assessment for Work on Black Creek Road

     Wcstshorc Consulting believes work proposed on Black Creek Road should be paid for from the LDFA II
     fund. It appears this fund has a significant balance, and the use of these dollar$ would seem appropriate.
     Ir lhese f'unds are not available, Westshore votes no on a Special Assessment.

                                                                                                                           ,
HEARING DATE         JANUARY 22nd,2002   H-1536
            Milling & Resurfacing-Black Creek, Sherman N to Latimer

24-134-400-0003-10      PLANNING DEPT C/O CITY OF M ASSESSABLE FEET:                   0
                   933 TERRACE ST                  COST PER FOOT:             $18.00
@ 2330 BLACK CREEK MUSKEGON       Ml 49443         ESTIMATED P.O. COST: ~I_ _ _$_0_.0_0~I




24-134-400-0006-00 BJE LL C                        ASSESSABLE FEET:                  285
                   1985 E LAKETON AVE              COST PER FOOT:                $18.00
@ 2350 BLACK CREEK MUSKEGON       Ml 49442-000     ESTIMATED P.O. COST:   I    $5,130.001




24-693-000-0036-00      BEKAERT STEEL WIRE CORP    ASSESSABLE FEET:               598.45
                        2121 LATIMER DR            COST PER FOOT:                $18.00
@ 2121 LATIMER DR       MUSKEGON       Ml 49442    ESTIMATED P.O. COST:   I   $10,772.101




24-694-000-0038-00 RS B PROPERTY LL C              ASSESSABLE FEET:             1045.,l,6
                   2265 BLACK CREEK RD.            COST PER FOOT:                 $18.00
@ 2265 BLACK CREEK MUSKEGON      Ml 49444          ESTIMATED P.O. COST:   I   $18,820.08     I

24-694-000-0039-00      REID TOOL SUPPLY CO        ASSESSABLE FEET:                  366
                        2265 BLACK CREEK RD        COST PER FOOT:                 $18.00
@ 2246 OLTHOFF ST       MUSKEGON      Ml 49444     ESTIMATED P.O. COST:   I    $6,588.oo 1




24-694-000-0053-00      STATE OF MICHIGAN          ASSESSABLE FEET:                    0
                        PO BOX 30050               COST PER FOOT:             $18.00
@ 2225 OLTHOFF ST       LANSING       Ml 48909     ESTIMATED P.O. COST: ~'_ _ _$_0_.o_o~'




24-695-000-0055-00 WESTSHORE ENG & SURVEY          ASSESSABLE FEET:                  280
                   2534 BLACK CREEK ROAD           COST PER FOOT:                $18.00
@ 2534 BLACK CREEK MUSKEGON      Ml 49442-000      ESTIMATED P.O. COST:   I    $5,040.00 1




6/11/02                                                                        Page 2 of 3
                     SPECIAL ASSESSMENT
HEARING DATE         JANUARY 22nd,2002   H-1536
            Milling & Resurfacing-Black Creek. Sherman N to Latimer

24-134-400-0001-00 CONSUMERS ENERGY               ASSESSABLE FEET:              142.23
                   4000 CLAY AVE SW               COST PER FOOT:                 $18.00
@ 2200 BLACK CREEK GRAND RAPIDS Ml 49501-020      ESTIMATED P.O. COST:   I    $2,560.14   I

24-134-400-0002-00 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET:                   61.2
                   933 TERRACE ST              COST PER FOOT:                   $18.00
@ 2285 BLACK CREEK MUSKEGON       Ml 49443     ESTIMATED P.O. COST:      I   $1,101.60    I

24-134-400-0002-10 SIGN GRAFTERS                  ASSESSABLE FEET:                 300
                   2325 BLACK CREEK               COST PER FOOT:                $18.00
@ 2325 BLACK CREEK MUSKEGON      Ml 49442-000     ESTIMATED P.O. COST:   I   $5,400.00 1

                                                                                    '
24-134-400-0002-20 TRACE ENVIRONMENTAL SER        ASSESSABLE FEET:              396.33
                   2241 BLACK CREEK               COST PER FOOT:               $18.00
@ 2241 BLACK CREEK MUSKEGON      Ml 49442-000     ESTIMATED P.O. COST:   I   $7,133.941




24-134-400-0002-30 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET:                 124.35
                   933 TERRACE ST              COST PER FOOT:                   $18.00
@ 2400 BLACK CREEK MUSKEGON       Ml 49443     ESTIMATED P.O. COST:      I    $2,238.30 1




24-134-400-0003-00 SOUTH SHORE PROPERTIES     ASSESSABLE FEET:                   658.3
                   2300 BLACK CREEK           COST PER FOOT:                    $18.00
@ 2300 BLACK CREEK MUSKEGON      Ml 49444-000 ESTIMATED P.O. COST:       I   $11,849.40   I




6/11/02                                                                       Page 1 of 3
HEARING DATE           JANUARY 22nd,2002       H-1536
              Milling & Resurfacing-Black Creek. Sherman N to Latimer

24-695-000-0056-00 MUNN PROPERTIES LLC                   ASSESSABLE FEET:               309.33
                   1489 US31 NORTH                       COST PER FOOT:                $18.00
@ 2541 BLACK CREEK TRAVERSE CITY Ml 49686                ESTIMATED P.O. COST:   I    $5,567.94 1




SUM OF ASSESSABLE FOOTAGE:           4566.75     SUM OF ESTIMATED P.O. COST:        $82,201.50   1
TOTAL NUMBER OF ASSESSABLE PARCELS    14

PARCEL WITH $0.00 TOTAL ARE EXEMPT




                                                                                             •




6/11/02                                                                               Page 3 of 3
                 Commission Meeting Date: June 11, 2002

Date:                 May 29, 2002
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department07°
RE:                   Request for Proposals for Buildable Large Vacant
                      Parcel at the Northeast corner of Marquette and
                      Getty


SUMMARY OF REQUEST:
To approve the advertising of a Request for Proposals (RFP) for a large parcel of land on
the Northeast corner of Marquette and Getty described as:

LOT 655 AND 658, AND THE SOUTH 60' OF LOT 659 (AS MEASURED AT RIGHT
ANGLES TO THE SOUTH LINE OF LOT 659) MUSKEGON URGAN RENEWAL PLAT
NO. 4, AS RECORDED ON UBER 19, PAGES 19-22, MUSKEGON COUNTY RECORDS

FINANCIAL IMPACT:
The sale of this large parcel for a housing development will generate additional tax revenue
for the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.

COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended advertising of a Request for
Proposals for this large parcel of land at their May 28, 2002 meeting.
5/29/02
                                     Resolution No. - - -

                              MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE ADVERTISEMENT OF A REQUEST FOR PROPOSALS
(RFP) FOR A BUILDABLE LARGE VACANT PARCEL AT THE NORTHEAST CORNER
OF MARQUETTE AND GETTY.

WHEREAS, the City-owned the buildable parcel located on the N01theast corner of Marquette
and Getty is a potential development site for residential development; and

WHEREAS, City policy regarding the sale of large blocks of land states that it is the "preference
of the City that these lots be sold as a single parcel to individuals with the means to develop the
land for multiple single-family units or multi-family units ... "; and

WHEREAS, the sale of this parcel would generate additional tax revenue for the City and relieve
the City of further maintenance costs;

WHEREAS, the Land Reutilization Committee recommends to the Muskegon City Commission
adve1tisement of a Request for Proposals for development of this parcel; and

WHEREAS, the Request for Proposals is consistent with City policy regarding the disposition of
large blocks of City-owned land; and

NOW THEREFORE BE IT RESOLVED, that and Request for Proposals be advertised for the
following property:

LOT 655 AND 658, AND THE SOUTH 60' OF LOT 659 (AS MEASURED AT RIGHT
ANGLES TO THE SOUTH LINE OF LOT 659) MUSKEGON URGAN RENEWAL PLAT
NO. 4, AS RECORDED ON LIBER 19, PAGES 19-22, MUSKEGON COUNTY RECORDS

Adopted this _ _ day of June, 2002.

Ayes:

Nays:

Absent
                                                               By: _ _ _ _ _ _ _ _ __
                                                                   Stephen J. Wamington, Mayor

                                                             Attest: - - - - - - - - - -
                                                                          Gail Kundinger, Clerk
                                       CERTIFICATION

I hearby 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 June 11, 2002.

                                                               By:-----------
                                                                           Gail Kundinger, Clerk
                                                                                    "ti
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                                                                                    ':!I




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                                    AGENDA ITEM

                    CITY COMMISSION MEETING June 11, 2002


TO:            MAYOR AND CITY COMMISSIONERS

FROM:          Bryon L. Mazade, City Manager

DATE:          June 4, 2002

RE:            Fisherman's Landing Relocation


SUMMARY OF REQUEST

To authorize an additional 90 days for staff to negotiate a development agreement with
Great Lakes Dock & Materials to relocate Fisherman's Landing. The original 90 days
has expired and while significant progress has been made on this project, additional time
is necessary to complete this transaction.


FINANCIAL IMP ACT

None



BUDGET ACTION REQUIRED

None



STAFF RECOMMENDATION

To approve the request.



COMMITTEE RECOMMENDATION

None
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. The conditions ere
included in the Amendment Agreement, and include an extension of three years, at
the inclusion of which a new building will be constructed on the site. Conditions
include the requirement that a paved. landscaped p-::rking lot will be constructed on
the site in the interim. If the parking lot is not ccr.structed. in accordance with
requirer.ients of the Engineering and Planning Departments, by May 31, 2002. the
original staff ;ecommendation of January 8, 2002 will be in effect.
   FINANCIAL IMPACT: None
   BUDGEi ACTION REQUIRED: None
   STAFF RECOMMENDATION:          To approve the Amendment Agreement and
authorize the Mayor and Clerk to sign.
   Motion by Commissioner Schweifler, second by Commissioner Lcrson to epprove
the written request from Holiday Inn Muskegon Harbor/Muskegon Hosplk;lity l11c. to
extend the construction time period designated in the Purchase Agreement between
Muskegon Hospitality, Inc. and the City of Muskegon for the former Lakos property,
with conditions.
   ROLL VOTE: Ayes: Buie,     Gewron,    Larson,   Schweifler,   Shepherd,   Spetaro,
              Warmington.
               Nays: None
MOTION PASSED
               b. Fisherman's Landing RFP. LEISURE SERVICES
   SUMMARY OF REQUEST: To direct staff as to which proposal. if either, to pursue for
the use of Fisherman's Landing.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: See attached
   COMMITTEE RECOMMENDATION: The Leisure Services Board recommended that
to delay action for 30 days to allow both parties to work out an agreement, but to
work with Great Lakes to determine what an equal swap may be during that time.
   The public hearing opened at 6:13 p.m. to hear and consider any comments from
   the public. Public comments were heard from Chris Kelly (6:18), Mr. Burns 6:27),
   Dave Wendtland (6:44), Wayne Grossbeck (6:56), Skeeter Warner (7:01)
   (Charlevoix survey passed out). Debra Hawkins (7:01), Don Zutter (7:31), Jack
   Harrington (7:35), Greg Wagner (7:37), Thomas Hamilton (7:39), William Barefoot
   (7:43), and Joan Benedict (7:47). A recess was given at 7:19 and reconvened at
   7:31.
   Motion by Commissioner Spataro, second by Commissioner Schweifler to edopt in
principel the proposal submitted by Great Lakes to relocate Fisherman's Lending end
to present a Development Agreement to the Commission in 90 deys.
DATE:                May 23, 2002                                               ~Aut~~ ,J,
TO:                  Honorable Mayor and Commissioners                            ~            ~
FROM:                Robert B. Grabinski, Director of Inspection Services           ~t4i\i w,,
RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 00-63 Address: 1916
                    Leahy.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1916 Leahy is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.

Case# & Project Address: #00-63, 1916 Leahy, Muskegon, Ml

Location and ownership: This structure is a church (Revival Temple) located on
Leahy in the Marsh Neighborhood between E. Holbrook and Keating Avenue.

Staff Correspondence: A dangerous building inspection was conducted on
7/11/00, a notice and order to repair was issued 8/18/00. The case was brought
before the HBA in January 2002. The case was tabled for 30 days because Rev.
Duncan called the Inspection Department and spoke with Bob Grabinski, stating
that repairs were finished and he would call for a final inspection. A final
inspection was scheduled, but the Rev. failed to appear for it. The building
inspector said repairs are started, but not finished. The case was brought before
the HBA again in March 2002 and no one from the church appeared. The case
was declared substandard, a public nuisance, and dangerous building on that
date. There has been no contact from the church since scheduling the
inspection.

Owner Contact: There has been no contact since the Jan. 2002 HBA meeting.

Financial Impact:              General Fund

Budget action required:                  None

State Equalized value:                   NA- church

Estimated cost to repair:                $3,000




F:\lnspectio11s\Grabi11ski_l.orraine\ Word\CC MEETINUS\Agenda 1916 !.eahy.doc     page I of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 11, 2002.




F:\lnspcctions\Grnbinski__ Lorraine\ Word\CC MEETINUS\Agenda 1916 l.eahy.t!oc   page 2 of2
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-

    For The Inspection Dept.                                           41'1523
    City of Muskegon
                            FROM CITY ASSESSOR'S RECORDS

    OWNER
    PROPERTY &] @f@ldit.,          '"')
    PLATE#     11313
    DESCRIPTION        Plat A Muskegon Hts 22. & 23 & 24 Blk 26
                  FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER:         1987
    PAGE:      367
DATE OF DEED:          April 25, 1997
GRANTOR:                I   f iifl'6f:Fl1:::r'rffi'iilffllffi'lllli:.i~tilranlfibl1'.;1'~~1\I
GRANTEE:

LIENS OR MORTGAGES: 1987-371 Mortgage

DATE:       June 27, 200°;it 8: ~o           AM



ABSTRACTED BY:                ~
TRANSNATION TITLE INSURANCE COMPANY
                                             ~e
The above information is to be used for reference purposes only and
not to be relied upon as evidence of title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
                                               TAX REPORT
                               Affecting land in Muskegon County, Michigan
                                          described as follows:

           Lots 22, 23 and 24, Block 26, Plat A Muskegon Heights of the Revised Plat
           (of 1903) of the City of Muskegon. as recorded in Liber 3 of Plats, Page 71,
           Muskegon County Records.

     Permanent Property No. 61-24-675-026-0022-00
     An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
     Special IR1)rovement Assessments unpaid, sold, subject to redenption or deeded, except as specified below.
     TOis report includes information obtained from the records in the office of the Treasurers of Muskegon County
     and of the City of Muskegon after said information has been received by the Treasurer in the form of an
     assessment roll. This report also includes, but without any representation by Transnation Title Insurance
     Corrpany as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
     Treasurers of Cities other then the City of Muskegon, Inheritance or Estate Taxes end Federal Tax Liens, if
     any, are not included in this report.


               Taxes are exempt, however, assessment and delinquent usage has been
               added to tax bill.
     CITY OR VILLAGE TAXES
               None.
     STATE AND COUNTY TAXES
I              1997 Sidewalk Assessment tax due in the amount of $506.00, if paid by
               July 31. 2000, plus penalties and interest. if any.
               1998 Sidewalk Assessment tax due in the amount of $337.89 and
               Delinquent water/sewer usage due in the amount of $685.21. if paid by
               July 31, 2000, plus penalties and interest.
               1999 Sidewalk Assessment tax due in the amount of $355.14, if paid by
               July 31, 2000, plus penalties and interest.
               Current status of sidewalk.assessment: Payoff $1,496.37, if paid by
               July 31. 2000.
               Current status of Delinquent water/sewer usage due in the amount of
                $1,722.37.
       MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION

\    Form No. H867 .6
     (Previ0<1s No. T814)

!I
                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: May 23, 2002


       1916 Leahy
       (Address of Property)


TO:    All owners and interested parties:

       Revival Temple Church. 1916 Leahy, Muskegon, Ml 49442
       (Name of Owner)

       Rev. James Duncan Jr. 309 E. Hackley, Muskegon. Ml 49444
       (Other interested parties)


On March 7, 2002, the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.


The City Commission will hold a hearing on June 11, 2002, to consider the above decision of
the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on June 11, 2002 , at
the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the ab9ve
structures.




                                   ~a:r~GfilEALS
                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,




                                     By-11------------------
                                     R ert B. Grabinski, Director of Inspections




F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
I
                              CITY OF MUSKEGON
             CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



    Date:         March 12, 2002

            To:   Revival Temple Church. 1916 Leahy, Muskegon. Ml 49442
                  Owners Name & Address

                  Rev. James Duncan Jr. 309 E. Hackley, Muskegon. Ml 49444
                  Names & Addresses of Other Interested Parties


                              ORDER TO DEMOLISH STRUCTURE

           The Housing Board of Appeals, having received evidence at a scheduled and
    noticed meeting held on Thursday, March 7, 2002 does hereby order that the following
    structure(s) located at 1916 Leahy, Muskegon, Michigan, shall be demolished for the
    reason that the said structure or structures are found, based upon the evidence before
    the Board of Appeals, to be dangerous, substandard and a public nuisance.

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

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




    F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
I                              r

                       NOTICE TO OWNER AND INTERESTED PARTIES

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

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




                                               Robe B. Grabinski, Director of Inspections




    F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
                       (   •··.




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

                                      NOTICE OF HEARING

Date: February 26, 2002

Address of the Property:          1916 Leahy. Muskegon MI

Description of the Structure: Plat A Musk. Heights Lots 22, 23. & 24 Blk 26


TO:    Revival Temple Church. 1916 Leahy. Muskegon. MI 49442
       [Name & Address of Owner]

       Rev. James Duncan Jr. 309 E. Hackley. Muskegon. MI 49444
       Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday. March 7. 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace. Muskegon. MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following strncture should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

       The reason for this hearing is that you have not complied with the Notice and Order
issued 8/18/00.

       At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.




                                             Hblivi~~F
                                       CITY OF MUSKEGON INSPECTION DEPARTMENT,

                                       :y                                               APPEALS

                                         Rober! B. Grabinski, Director of Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARO FORMS\NOTICE OF HBA HEARING.DOC
23ln24-6703
FAX/722-1214
                                         (
Auusor
231n24-6708
FAxn26-Sl8I

Cemetery
231n2u1SJ
FAX1726-5617

CMIScnfc:e
231nl4-67l6
FAX/71....... 05                                       West Mkblgan's Sbordlne Oty
Clerk
231nl4-670S
FAX/724--4178

Comm. & Neigh,
   Servtc:cs
231nl4-6717           January 8, 2002
FAX/716-2501

Engineering           Revival Temple Church
23ln24-6707
FAX/727-4-6705
 FAX/724-4178                                              CITY OF MUSKEGON
 Comm. & Nel&h,
     StniCH                                         NOTICE OF HEARING ON
 23 ln24-6717
 FAX/726-2501                                  DANGEROUS AND UNSAFE CONDITIONS
 Engineering
                                                  HOUSIN~ BOARD OF APPEALS
 231n>4-6707
 FAXnl7""6904

 Finance
 23In24-671J
 FAX/724-6768            September 25, 2000
 Fire Dept.
 231n24-6792
 FAX/724-6985
                         Revival Temple Church
 Income Tai:             1916 Leahy
 231n24-6770
 FAX/724-6768            Muskegon MI 49441
 Info. System,
 131n>4-6744             Dear Property Owner:
 FAX/722-4301

 Leisure Senice          SUBJECT:      Dangerous Building Case #00-63 - 1916 Leahy, Muskegon MI
 l3tn2u104
 F AX/724,. 1196
                         PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
 Manager's Office
 23In24-6724
                         of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon
 FAX/722-1214            City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
 Mayor's Office
                         determining whether the structure should be demolished or otherwise made safe.
 23In24-6701
 FAX/722-1214
                         Officials from the Inspection Services Department have inspected the structure and it is
  Inspection Servktt     alleged that it has defects as listed on the attached page(s).
  2J1n2u11s
  FAX/726-2501

  Planning/Zoning
                         The defects are violations of Section 4-23 of the Muskegon City Code, which defines
  23 ln24-6702           dangerous buildings.
  FAX/724-6790

  Police Dept.           At the hearing, the Inspection Services Department will present testimony regarding the
  2Jlnl4-6750
  FAX/722-5140           alleged defects. You are advised that you or your representative may cross examine the
                         City's witnesses and you may present testimony in your own behalf and call witnesses in
  Publlc Works
  231n24-4100            your own behalf. We encourage you to attend the meeting since it is always better if
  FAX1722-4188
                         someone is available to answer any questions the Board may have.
  TreHurtr
  lJlnl4-6720
  FAXJ724--6768          Inspection Services
                         City of Muskegon
  Water Bllllng Dept.
  231nl4-6718
  F AXn24-6768

  Water Flltradon
  13tnl....... J06
  FAXJ75S-!lil90


                                 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
  Affirffiattve Action
  ?Jl,72-1-6703
  FAxn22-121    •                           (
 .-\uusor
 231/724-6708
 FAX/726-5181

 Cemetery
 231/724-6783
 FA."· .,
                                                                                                                                                                               -                 ---



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        I                                                                          "            •                      ----1       I       /"Cf) __
                     NOTICE OF HEARING IJEFORE THE CITY COMMISSION




DATE: May 23, 2002


        2082 Estes
        (Address of Property)


TO:     All owners and interested parties:

        David VanKammen, 2086 Estes. Muskegon. Ml 49441
        (Name of Owner)

        Mercantile Mortgage Co. 246 East Janata Blvd, Suite 262. Lombard, IL 60148
        (Other interested parties)
                   .'
On May 2. 2002, the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.


The City Commission will hold a hearing on .June 11, 2002, to consider the above decision of
the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at
the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
                                     ~ I E HOUSING BOARD OF APPEALS


                                     ~y     w__~~-
                                     Rob t 13. Grabinski, Director oflnspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
                           t

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



Date:          May 3, 2002

        To:    David VanKammen. 2086 Estes. Muskegon. Ml 49441
               Owners Name & Address

               None
               Names & Addresses of other Interested Parties


                           ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, May 2, 2002 does hereby order that the following
structure(s) located at 2082 Estes, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.

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

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




F:IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
                           (



                   NOTICE TO OWNER AND INTERESTED PARTIES

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

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



                                            FOR THE HOUSING BOARD OF APPEALS:


                                          -~LJ~
                                            RbertB.Grabinski, Director of Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                    (




May 2, 2002

Re:    2086 Estes

A neighbor of the above address called the office today to inquire about the HBA
meeting. She was referred to me from the Planning/Zoning Dept. They _hi:ilie ·
2082 & 2086 Estes on their agenda (ZBA) because the owner has appealed their
denial to split the parcel. The neighbors were sent letters to voice their opinions
on that appeal.

When the neighbor found out it was also on our agenda this month she wanted
the board to hear her opinion since she can't be at the meeting. She foels that
the owner h~i ~een given so many years to repair his house an<:I she can't . . .
understand W~Y it's been going on for so many yeafs. She is installing siding on
her home this summer and feels that 2086 Estes is bringing the value of         ·
surrounding homes down. She would like to be neighborly and say yes, allow
him to split his parcel, but only if he does some repairs on it.                      ·,

Inspection Dept. Secretary
Lorraine Grabinski
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

 Date: April 18, 2002

Address of the Property:      2082 Estes

Description of the Structure: Lot 12. Blk 622


TO:      David VanKammen, 2086 Estes, Muskegon, MI 49441
        [Name & Address of Owner]


       Names & Addresses of Other Interested Parties]


               . ,
        Please take notice that on Thursday, May 2, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

       The reason for this hearing is that you have not complied with the Notice and Order to
Repair dated 12/11/01.

        At the hearing on Thursday, May 2. 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, i(y~u desire,
to show cause why the structure should not be allowed or ordered demolished.




                                     o      BEm~~.
                                     CIT..,..........,_MUSKEGON INSPECTION DEPARTMENT,



                                     BY--1------------------
                                                                                  OF APPEALS


                                      Rob rt B. Grabinski, Director oflnspections




C:IWINOOWSITEMPINOTICE OF HBA HEARING.DOC
OWNER """~&a..t&6.'l..l:'1!!fi.~,.IN.UlAODRESS _ _ _ _ _ _ _ _ _ _ _ _ _ PHONE _ _ _ __

CON. NMll';jptLl..Ll..L'.Lk~ti.,,,~~DRESS                   I -o 6 d.   p 9,A gA,,<,) °'14            PHONE _ _ _ __
ARCHITECT OR DESIGNER _,___ _ _ _ _ ADDRESS _ _ _ _ _ _ _ _ _\/,H _ _ _ LIC f _                                          EXP
                         1
                                                                                                2
LICENSE NUMBER
                                         -
                      d- I 010 Cl"\<:> 7 '-\                         EXPIRATION DATE

FEDERAL EMPLOYER IDI OR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                                                           $     O;).,                         -



WORKERS COMP. INSURANCE CARRIER OR REASON FOR EXEMPTION
                                                                        -----------------
MESC EMPLOYER f OR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

All CONTRACTOR INFORMATION REGISTERED WITH THE COY OF MUSKEGON                   YES O    NO 0
CLASS OF WORK      NEW ADDITION O          ALTERAT~ REPAIR D
RESIDENT!~ COMMERCIAL O                  INDUSTRIAL O    OTHER _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

·sPECIALCONOITIONS   --=-----------------,-------------
DESCRIBE WORK _  ___!e~e.C!!Nl=~~=~.J'--ff'P=Y]_,,A'"-"'h__.::_-__,~c..c...,:.=.,=::::;_-1,~=·=-'-.:·
                         .                                                            1
                                                                                                ~----
      J. tm A= d , t2 ef'{v                                                                    0
USE OF BUILDING_ _ _ _ _ _ _ _ _ _ _ _ _ __                          CHANGE USE TO _ _ _ _ _ _ _ _ _ _ _ _ __

STARTING DATE _ _ _ _ _ _ DATE READY _ _ _ _ _ r.;n-m=;u,7;;:-rr;;:,_;,;;;--;-==-----
                                                                                                         / t:J/P-
                   INSPECTION REPORTS
   DATI:                     REMARKS                     INSP.       PERMIT FEE           3'6.7
                                                                           CALL ADMINISTAATIVE AlmlORITY A MINIMUM OF
                                                                                  24 HOURS PRIOR TO INSPECTK>N
                                                                     SPECW. CONOOlOO: POUR 00 cot-K:RETE UNTL FORMS ARE APPflO',
                                                                     Typo ol Const._ _ Oocupancy Group_ _ Dlvlslon_
                                                                     No. ol Dwelling Unhs _ _ Pruklng spaooa _ _ Bsmt_
                     PLANS CK BY                         .OY         Front Yard _ _ _ Side Yard-~~ Rollf Yard _ _
                                                                     Use   Zona_ _ _ _ _ Rrs.!~pihl6
                         PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
  Manager's Office       of Muskegon will be held on Thursday. October S. 2000 at 5:30 P.M. in the Muskegon
  131/714-6724
  FAXf722-1114           City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
  Mayor1s Office
                         detennining whether the structure should be demolished or otherwise made safe.
  131n24-6101
  FAX/712-1214
                         Officials from the Inspection Services Department have inspected the structure and it is
  Inspection Services    alleged that it has defects as listed on the attached page(s).
  231/714-6715
  FAX/726-2501

  Planning/Zoning
                         The defects are violations of Section 4-23 of the Muskegon City Code, which defines
  131/724-6701           dangerous buildings.
  FAX/724-6790

  Police Dept.           At the hearing, the Inspection Services Department will present testimony regarding the
  13 tnl4-6750
   FAX1712-5140          alleged defects. You are advised that you or your representative may cross examine the
                         City's witnesses and you may present testimony in your own behalf and call witnesses in
  Public Works
  1Jln24-4100            your own behalf. We encourage you to attend the meeting since it is always better if
  FAX1711-4188           someone is available to answer any questions the Board may have.
   Treasurer
   131/714-6710
   FAX/714-6768          Inspection Services
                         City of Muskegon
   Water Billing Dept,
   231/724-6718
   FAX/724-6768

   Water FUtntion
   13 I /714-4106
   FAX/755--5190

                                 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
 A!flrmath·e Action
 23 t 1724--6703
 FAX1712-1214
                                             (
 Auusor
 23tnz.t-6708
 FAxn26-5181

 Cemetery
 231nl4--6783
 FAX/726-5617

Civil Service
                                                                                                FILE copy
1Jtn24--6716
 FAX/72"'-'405
                                                      Wl'llt Mlddi!an's Sbordlne Oty
Clerk
2J1n2u1os
 FAX/714-4178
                                                         NOTICE AND ORDER
Comm. & Nelah.        August 1, 2000
  Servtcn
2Jtn24-6111
FAX/716-1501

Enatneertna           David Vankammen
lJlnl-4-6707
FAX/717-69-04         2086 Estes
Finance
                      Muskegon MI 49441
2Jln24--671J
FAxnl4-6768
                      Dear Property Owner:
Fire Dept.
131nl4-6792
FAX/724-6985          Subject:       2086 Estes, Muskegon MI
Income Tu
                                     City ofMusk. Revised Plat 1903 Lot 12 Blk 622
1Jtnl4-6770
FAX1714-6768
                      The City of Muskegon Building Official has recently inspected the subject property and has
Info, System•         found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
1Jln24--6744
FAX/711-4301          Code.
Leisure Service
13 tnl4--6704         As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
FAX/714-tt96          structures within thirty (30) days.
Manager'• Office
131n24-6124
FAxnll-1214
                      If you elect to repair the structures, you must secure all required permits and physically
                      commence the work within thirty (30) days from the date of this order.
Mayor's Office
231/724--6701
FAXnll-1214           Should you have any questions concerning this matter, please do not hesitate to contact our
Inspection Services   Building Official, Jerry McIntyre at 724-6715.
2Jtnl4-6715
FAX/726-2501

Planning/Zoning
                      s::;~iu_,
                      1
231/724-6702
FA..X/724-6790

Police Dept.
2Jtn24-6750            obert B. Grabinski
FAX/721-5140
                      Fire Marshal/Inspection Services
PubUc Work.I
111n24-4too
FAX/721-4188

Treasurer
23tnl4--67l0
FAX/714--6768

Water Dillin& Dept,
13tnl4-6718
FAX/714-6768

Water Flltratlon
13tnl4-4106
FA.X/75S-Sl90


                             City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
     :\ffirmilthe A.:llon
     2JJ,7H-6703
     FAX"'??!-1?14
                                                   (           MUSKEGON
     A.uessor
     2311724-•6708
     FAXi7!6-5181

     Cemetery
     lJlnl-J.-6783
     FAxn26-5617

     Civil Senice
     231nl4-6716
     FAXn24-440S                                               West Mlcblgan's ShoreJlne Oty
     Clerk
     lJtn24-6705
     FAXn24-4178

     Comm. & Neigh.
                                                DANGEROUS BUILDING INSPECTION REPORT
        Senices
     2Jtn24-6717
     FAXnl6-2501                                                   ~ESTES
     Engineering
     lJtnl4-6707                                                        7/20/00
.i   FAXn27-6904

     Finance
     2Jln24-6713
     FAX1714-6768           Inspection Noted:
     Fire Dept.
     231/724-6792           1.    Home being used for storage.
     FA.'X/724-6985
                        2.        Damaged vehicle left in yard - not current plates.
     Income Tax         3.        Roof covering severely deteriorated.
     lJl/724--6770
     F AX/724-6768      4.        Chimney deteriorated.
                        5.        Numerous broken out, boarded windows.
     Info. Systems
     231/724-6744       6.        Front porch structural damage - repair~ rebuild to code.
     FAxnl2-4301
                        7.        Debris thrown in yard.
     Leisure Service    8.        Siding on garage and home (Storage) deteriorating.
     231/724-6704
     FA.X/724-1196
                        9.        Window frames need repair.
                            10.   Side porch, landing need replace - repair to code.
     Manager's Office
     231/724--6724
     FAX/722-1214

                  BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
     Mayor's Office
     231/72.t-6701
     FAX1722-1214
                  DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
                  DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON
     Jo,p«tlonS,mcec1TY CODE
     231nl4-6715                        •
     FAX/126-2501




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

     Public Works           CONCURRED IN:                                                         ,
     231/724-4100
     FAX1722-4188
                                                                                                Date
     Treasurer
     231/724-6720
     FAX.n24-6768

     Water Billing Dept.
     231/724-6718
     FAXn24-6768

     Water Filtration
     2Jlnl4-4106
     F A."y Statue prior 10 recotdfog of this dotumeot.
             ThM neither the Mortgagot{s), or !he Mor1gagor{s) heirs, e;,:~u1ors, adm!oislra!OlS, or person c!ailning
  1111d-er-0nc of them has responded in II flllcen• (!S) day period.                                                                  ~
  FURTHER DEPONENT SAITH NOT.                                                                                                         Ill
                                                                                                                                      C.
~(~                                                                            D~II
                                                                               agent fllr; MLA, lne.
                                                                                                                                      ~
~  STAtE OF MICHIGAN COUNTY OF MACOMl\
                                                                                                                                      D
                                                                                                                                      ~
   The foregolng instrnrne11t was acknowledged before me on thb ~day of                4uq" s± , 1001, b y ~
   MlIQffiY,, agent for Ml A tNC NJ Obin Cmp,mlion-                                      ...
                                                                               'J),,{).,,y,     P-.t. ~4·,
                                                                                      County, Notary PUblk
                                                                                My Commission E)ipiru: ft· I g,>ot"?4


                                                                                       ~- Q!BOAA!l L. ZOLNDSIO
   DRAFTED BY ANO WHEN RECORDED RETURN TO:                                               ,...,_,.-eoo,,,\11
                                                                                       Mi _ _        ,.._,a,iait_
0 MLA,Mhchdl
   Dal~
       Inc.
   30Sll Schocnhrn"
    Wam:n. Mich\pn ~I09J
                                                                                                                                 '
                                                                                                                                 .c
For The Inspection Dept.                                           419370
City of Muskegon

                       FROM CITY ASSESSOR'S RECORDS


OWNER                MLA Inc.

PROPERTY             1836 Nevada.
PLATE#               24-480-002-008-00

DESCRIPTION          Jeannot Court Blk 2 Lot 8

              FROM RECORDS OF TRANSNATION TITLE COMPANY

LIBER:     3267

PAGE:      291
DATE OF DEED:        August 24, 2001

GRANTOR NAME     &   ADDRESS:    Don Hulbert, Deputy Sheriff for Muskegon
                                 County, 25 w. Walton

GRANTEE NAME     &   ADDRESS:   ;l1~~Jnl:;.','Ljj,\i~ Ohio
                                                    Corporation, 30521
                                 Schoenherr, Warren, MI 48093

LIENS OR MORTGAGES: 3333/375,            3359/921,      3155/316


TODAY'S DATE:        March 20, 2001

EFFECTIVE DATE: February 21, 2002 at 8:00 AM



ABSTRACTED BY:         &k. :K. ~
TRANSNATION TITLE INSURANCE C O M P ~

The above information is to be used for reference purposes only a
not to be relied upon as evidence of. the title and/or encumbrancE
Accordingly, said information is furnished at a reduced rate, anc
the Company's liability shall in no event exceed the amount paid
said information, should evidence of title and/or encumbrances b,
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
I-IBA Minutes 5/02




Motion made by Randy Mackie, supported by Jon Rolewicz to support staff's
recommendation.

A roll cal vote was taken:

AYES:                 NAYES:              EXCUSED:             ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
Nick Kroes

The motion carried.

Case #02-06- 1836 Nevada - MLA Inc. 30521 Schoenherr, Warren, Ml 48093

Robert Parker was present to represent this property. He is considering buying
it. Board stated this house looks very bad, they saw it last night. Mr. Grabinski
stated the gas company was called yesterday (5/1/02) to shut the gas off
because of a leak. Mr. Grabinski asked who is selling, Mr. Parker told him Ed
Peters, R & R for MLA. Ms. Shepherd asked what he plans to do with the
property if he buys it. He replied that he would consider buying after the interior
inspection. If he bought it he would repair and sell. Since he legally has no
interest, an interior inspection cannot be set up with Mr. Parker. Mr. Grabinski
stated if Mr. Peters wants to proceed he must call.

Staff Recommendation:. Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

Motion made by Randy Mackie, seconded by John Warner, to support staff's
recommendation.

A roll cal vote was taken:

AYES                  NAYES:              EXCUSED:             ABSENT:

Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
Nick Kroes
The motion carried.

                                       6 of 8
DATE:               May 23, 2002

TO:                 Honorable Mayor and Commissioners

FROM:               Robert Grabinski, Director of Inspection Services

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 01-053 Address: 1458
                    Sixth


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1458 Sixth is unsafe, substandard, a public nuisance and that ii be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: 01-053, 1458 Sixth St.

Location and ownership: This structure is located on Sixth Street between
Grand and Washington. It is owned by Daniel Herrema of Grandville.

Staff Correspondence: A dangerous building inspection was conducted
12/12/01. A Notice and Order to repair or demolish was issued 12/18/01. HBA
on 02/07/02 found the structure to be dangerous and unsafe.

Owner Contact: The owner talked to Bob Grabinski on 3/6/02 and was given a
60-day extension to complete repairs. No permits have been pulled and there
has been no contact with the owner since then.

Financial Impact: CDBG

Budget action required: None

State Equalized value: $17,200

Estimated cost to repair:               $25,000

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 11, 2002.




F:\lnspections\Grabinski_Lorraine\ Word\CC MEET!NGS\Agcnda 1458 sixth.doc   page I of I
ll\5K s I 'J.TH


                  [
\   __ _
                                                                                                   ----- -    --~             ,--- _____ _



                                                                       --- 1------
      314            0    300     292                                  -----     -

                                                                            0              246


                            297       291
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      314           0    296            284
                                                              ,/  ______ _
                                                                                     250
                                                                                                 ----------~-
                                                                                                  238   230           224
                                                                                                                             {_   216        206

                                                     bRf-\-1\JD
315          305

                         - -i- -
                           295

                                                          a,
                                                          0)
                                                                   -------I____ _ 249             237   229
                                                                                                        ---~      -
                                                                                                                      223-        215
                                                                                                                                    -7
                                                                                                                                             205


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                         -----------
            -----   _J




                                               /;,
                                               "'
~borTitle
                   955 West Broadway
                   Muskegon,MI49441
                                                 Title Search
                                                                                         Case No.: 100122653
                                                                                           December 13, 200 l

 I.   Beginning Date: 5/9/2000, at 8:00 A.M.

      Please See Attached Liber 3042, Page 734, Muskegon County Records, for Legal Description:

 2.   We have searched the records in the office of the Register ofDeeds for Muskegon County, Michigan covering the
      subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
      11/14/2001, at 8:00 A.M.

                                                    Documents
                        Deeds:                                                          Mortgages:
                 Liber 3042, Page 734                                              Liber 3088, Page 592

                                                       Taxes:
                             Proof of payment of invoice fees, due and payable to the
                             City of Muskegon in the amount of$1,105.92 (Invoice
                             #9816615,#9817031,#9817970,#9818482,#9819519,
                             #9820206, #9821864, #9822822).

                             Proof of payment of delinquent water/sewer usage bill, due
                             and payable to the City of Muskegon in the amount of
                             $503.80, if paid by December 31, 2001.

                             Payment of the 2000 delinquent taxes, due and                 , .
                             payable to the Muskegon County Treasurer in the
                             amount of$663.00, if paid by December 31, 2001.

                             Payment of the 2001 Winter taxes, due and payable to the
                             City of Muskegon Treasurer in the amount of $1,167.13, if
                             paid by February 14, 2002. (Base amount - $606.55**)


                             Note:
                             No 2001 Summer taxes were assessed.
                             Pennanent Parcel No.: 61-24-205-405-0014-00.
                             2001 State Equalized Value: $17,200.00.
                             2001 Taxable Value: $10,825.00.
                             Non-Homestead Property.



                             **NOTE: A Delinquent Water/Sewer Usage Bill in
                             the amount of$560.58 will be included in the 2001
                             Winter Tax Bill.

3     We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
4.   No search has been made for any instrument, however designated, which has been filed as a financing statement
     pursuant to the Uniform Commercial Code.

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

6.   Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
     evidence of title thereto.

7.   Note: In consideration of the fact that the above infonnation is to be used for reference purposes only and not
     relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
     paid for this information.                                          ·




                                                                                            '   ,
                     NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: May 23, 2002


       1458 Sixth
       (Address of Property)


TO:    All owners and interested parties:

       Daniel Herrema, 455 Buckshot Dr. Grandville, Ml 49418
       (Name of Owner)

       Equicredit, 2851 Charlevoix Dr. SE Suite 304, Grand Rapids, Ml 49546-7048
       (Other interested parties)


On February 7, 2002, the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.


The City Commission will hold a hearing on .June 11, 2002, to consider the above decision of
the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on June 11, 2002 , at
the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPARTMENT,


                                     FO        fil~L:r.s
                                     By_ _ _ _ , ~ - - - - - - - - - - - - - -
                                     Robert ~- Grabinski, Director oflnspections




F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
Affirmative Action
2J1n24-610J
FAX/722-1214                                             MUSKEGON
Assessor
2J1n24-61os
FAxn26-5181

Cemetery
231n24-678J
FAX/726-5617

Civil Service
2J1n24-6116
FAX/7244405                                              West Michigan's Shoreline City
Clerk
231n24-610s           Daniel Herrema
FAX/724-4178
                      455 Buckshot Dr.
Comm. & Neigh.        Grandville, Ml 49418
   Services
231/724-6717
FAX1726-2501          March 6, 2002
Engineering
2Jtn24-6707
FAX1727-6904
                      Re:    1458 Sixth St.
Finance
23tn24-6713
                      Dear Mr. Herrema:
FAX/724--6768

Fire Dept.            The 60 day extension you requested for completion of repairs at 1458 Sixth
231n24-61n
FAX/724-6985
                      Street has been granted. You are required to pull a minimal permit for the
                      repairs that are in process, such as drywall and possibly the electrical work.
Income Tax
231n24-6770
FAX/724-6768          It is very important that you schedule your final inspection as soon as the work is
Info, Systems         completed. )t,must be conducted before the May 6, 2002 d,eadline.
23In24-6744
FAKn22-4301
                      Failure to comply with the deadline will result in the case being brought before
Leisure Service
2J1n24-6104
                      the City Commission for their concurrence to demolish the structure.
FAX1724-1196

Manager's Office      If you have any questions, please call the Inspection Department at 231-724-
231n24-6724           6715.



;~~;1:r'
 ~;~;~:. "~iUJ:_
FAX/722-1214

M,yo,•,om«            Sincerely,

                                          llJr
          '            obert B. Gr~ski               •         •
PJ,nolng/Zonlog        irector of Inspections
231/724-6702
FAX/724-6790

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

Public Works
231/724-4100
FAX/722-4188

Treasurer
2311724-6720
FAX1724-6768

Water BIiiing Dept.
2311724-6718
FAX/724-6768

Water Filtration
2J1n24--4to6
FAX/755-5190


                               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Mar 05 02 11: 57a    Exit Advantage Realt~   (616)514-5015   p. I
                      ('                       ('
    8Db       6ml,~t,·     1




                                                                    ,



     T




                .,
                          I   ..




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




Date:         February 11, 2002

        To:   Daniel Herrema, 455 Buckshot Dr., Grandville, Ml 49418
              Owners Name & Address

              Equicredit, 2851 Charlevoix Dr. SE, Suite 304, Grand Rapids, Ml 49546-
              7048
              Names & Addresses of Other Interested Parties



                          ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 7, 2002 does hereby order that the
following structure(s) located at 1458 Sixth St. Muskegon, Michigan, shall be
demolished for th,e reason that the said structure or structures.are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

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

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




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                          /




                      NOTICE TO OWNER AND INTERESTED PARTIES

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

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




                 .'

                                                   B. Grabinski, Director of Inspections




F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
                       r·

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

                                    NOTICE OF HEARING

Date: January 28, 2002

Address of the Property:      1458 Sixth, Muskegon MI

Description of the Structure: Lot 14, Blk 405


TO:    Daniel Herrema, 455 Buckshot Dr. Grandville, MI 49418
       [Name & Address of Owner]

       Equicredit, 2851 Charlevoix Dr. SE Suite 304, Grand Rapids, MI 49546-7048
       Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday, February 7, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Te,nce, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

        The reason for this hearing is that you have not complied with the notice and order to
repair issued 12/17/0 I.

       At the hearing on Thursday, Februar:y 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.



                                      CITx.-trhMUSKEGON INSPECTION DEPARTMENT,
                                      0    B E H ~ ~ ~ ~ F APPEALS
                                      By_ __,c__________________
                                          Rob t B. Grabinski, Director of Inspections




F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
                                 CITY OF MUSKEGON

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

DATE:         December 17, 2001

Address of the Property:   1458 Sixth, Muskegon, Michigan



TO:     Daniel Herrema, 455 Buckshot Dr. Grandville, Ml 49418
        [Name & Address of Owner]

        Equicredit, 2851 Charlevoix Dr. SE Suite 304 Grand Rapids, Ml 49546-7048
        (Interested Parties)




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

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

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

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



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

                                 FAILURE TO COMPLY

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


                               SCHEDULE OF CONDITIONS

      The following conditions are present at the structure at 1458 Sixth, Muskegon, Michigan, and
cause said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report

                                                 \.u,,t'-r-<..JF   MUSKEGON INSPECTION DEPARTMENT

                                                         U:.t_~~.
                       ,   ,                     Rob rt B. Grabinski, Director of Inspections
                                                               (
                                                                \.



                                 CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                       1458 Sixth St.

                                          12112/01


Inspection noted:

1.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or certificates of occupancy will be
       issued.

2.     Home is boarded up.

3.     Deteriorating roof covering, soffit, fascia.

4.     Back porch rail knocked off porch.

5.     Damaged
           . , siding comer cap .
6.     Broken windows.



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




         FALTINOWSKI, BUILDING INSPECTOR




F:llnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1458
Sixth.doc
   I IBA Minutes 2/02



   Jerry Bever
   Jon Rolewicz
     ara Shepherd

   The     tion carried.

   Case #01 55 - 431 Monroe - Bennie Chambers, 1090 L           geland,
   Muskegon

   No one was pres t to represent this case. There    s been no contact with the
   owner. There has IJ en no interior inspection.  . Shepherd stated the home
   has been vacant for 5-

   Staff Recommendation:. De re subst aard, a public nuisance, and a
   dangerous building, and forwa to C" Commission for their concurrence.

   Motion made by Jerry Bever an sec      ded by John Warner to support staff's
   recommendation.

   A roll cal vote was take

   AYES:                   AYES:           EXCUSED:            ABSENT:

   Greg Borgma
   Randy Mac ·e                            Nick Kroes
   John War er
   Jerry B er

   /rn
   Jon    lewicz
         Shepherd

/ h e motion carried.

   Case #01-053 - 1458 Sixth St. - Daniel Herrema, 455 Buckshot Dr.
   Grandville, Ml

   No one was present to represent this case. Mr. Grabinski gave a history on the
   case. Mr. Herrema did a nice job fixing the house. It was then left vacant and
   vandals ruined it. There have also been squatters.

   Staff Recommendation:. Declare substandard, a public nuisance, and a
   dangerous building, and forward to City Commission for their concurrence.

   Motion made by Clara Shepherd and seconded by Randy Mackie to support
   staff's recommendation.

   A roll cal vote was taken:



                                        9 of 12
HBA Minutes 2/02



AYES:                 NAYES:             EXCUSED:            ABSENT:

Greg Borgman
Randy Mackie                             Nick Kroes
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd

The motion carried.

Case #01-058 -1525 Huizenga - Brian Miller, 1525 Huizenga, Muskegon

M . Grabinski gave a history of the case. It had a devastating fire. It is known a
the uff and puff" case. The owner is serving a year in jail because of the
charg against him in this case. The back of the structure completely coll sed.
The own r was huffing propane and smoking and blew the walls out. Th e has
been no c tact with the owner in regard to his house.

Staff Recomm dation:. Declare substandard, a public nuisance nd a
dangerous buildi , and forward to City Commission for their c ncurrence.

Motion made by Cla Shepherd and seconded by Rand            ackie to support
staff's recommendatio

A roll cal vote was taken:

AYES:                 NAYES:             EXC SEO:            ABSENT:

Greg Borgman
Randy Mackie                             Nick Kroes
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd

The motion carried.
                                                                            rd
Case #01-056 - 50 Octavius - Clayton National In        4 Corporate Dr. 3
Floor, Shelton,   06484

No one was resent to represent this case. A board up reque came from the
MPD. Th e have been other issues. Inspections got in, the ho e was open.
The city id do a rehab on this house for the former owners, but th are no
longe involved. There has been no contact from Mortgage Compan




                                     10 of 12
DATE:                May 23, 2002

TO:                  Honorable Mayor and Commissioners

FROM:                Robert Grabinski, Director of Inspection Services

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: 02-01 Address: 1715
                     Superior.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1715 Superior is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. 11 is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: 02-01, 1715 Superior

Location and ownership: This structure is located in the Marsh Neighborhood
and is owned by Amy Bradley of Fruitport, Ml.

Staff Correspondence: A dangerous building inspection was conducted on
6/23/98. Some work was done without permits after that time. Another
inspection was conducted 1/22/02 after a fire. A Notice and Order to Repair was
issued on 1/30/02. No one was present to represent the case before the HBA on
3/7 /02 and the structure was declared substandard and dangerous. The owner
called the Inspection Dept. after that date and scheduled an interior inspection,
which was conducted 3/25/02. On 4/29/02 the owner called the office and
inquired on what to do next. She was informed she needed to submit a schedule
of repairs and apply for permits. There has been no contact since that date. The
city has had the structure boarded on 3 separate occassions.

Owner Contact: Owner has not been in contact with this office since 7/20/01. At
the HBA meeting in September, he was told he could stop this from going before
the City Commission by scheduling an interior inspection and supplying this
office with a time line for repairs.

Financial Impact: CDBG

Budget action required: None

State Equalized value: $14,000

Estimated cost to repair:                $20,000

F:\lnspections\Grabinski __ Lorraine\ Word\CC MEETINGS\Agcnda ! 715 Superior.doc   page I of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, June 11, 2002.




F:\Jnspections\Grabinski_Lorrninc\Word\CC MEE·1·1NGS\/\ge11da 1715 Superior.doc   page 2 of2
         '--·




                '•-




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                                                                                                                                   i- { '    ~
     -~Plumbing/Mechanical
           - h.w' h. fl.± I» vz.,J f'l°<~
                                        0
                                                                         ..---

         1. Toilet needs new tank kit. ·       If;I-      .
         2. Kitchen sink needs faucets replaced. • tJ 1L---                   (} Jl,,
         3. Water piping to laundry sink needs to be secured to wall or sink.
         4. Furnace needs to be certified safe for operation by licensed mechanical contractor.
     ,/.                             r
     ,(s_ Furnace-vent pipe needs screws in pipe connectioµs. . OI---
                                                                               r        .
 /    6. Plastic dI}'er: vent pipe is not to code-must be ~laced.                         ·



     -M• ~ ~ • ~
·     1. CPVC:pipe coming off water heater not to code; must be hard piped first 18" off water 11/-,
             heater.




       ~oceJ/i                                              IC -,;l.o- "t '7
      oEORGEDOoo,                                         DATE
      BUILDING INSPECTOR




                           .,




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                                 ~~-'l~''~--                                                               ~'.-;'.') ~ - >:/)
                                                              E>   ·,
          Afflrmatlvc Acl!on
          6161724-6703                                   (
                                                                    MUSKEGON                                  (
          Assessor
          616/724-6708




          Cemetery
          6161724-6783



         Clvll service                                              West Michigan's Shoreline City
         6161724-6716



         Clerk
         616/724-6705


                                                                      BUILDING INSPECTION
         C. N. Services
         616/724-6717                                                    1715 SUPERIOR

                                                                               6-23-1998
         Engineering
         6161724-6707



         Finance
                            I.  Front porch requires footing
         616172+6713        2.  Front porch has missing siding and unprotected wood exposed to grade.
                            3.  Handrail on stairs not installed correctly.
                            4.  Garage overhead door broken with a section missing.
         Fire Dept.         5.  Siding missing on garage.
         616/724-6792
                            6.  Exterior lights not mounted in boxes.
                            7. Service panel not mounted securely to wall.
         Income Tax         8. Feeders to garage not wired properly.
         616/724-6770
                            9. Incandescent light fixture not permitted in front bedroom closet.
                            10. Chimney needs to be certified safe by licensed contractor.
         Inspections
         6\6/724-6715       This is the list that is remaining. The one item I did not insert in the list is the hardwired smoke detectors
                            we discussed on the phone. When the smoke detectors are completed and brought up to the codes'
                            minimum requirements, we will issue a temporary occupancy for another 30 days. The thirty days will
         Leisure Service    begin upon the date of issuance for the temporary occupancy. At the end of the extended time, another
         616/724-6704
                            inspection will be made to make sure all items on the list are complete.

         Manager's Office
         616172<·6724       Jerry McIntyre




         Planning/Zoning
         616/724-6702



         Police Dept.
         616/724-6750



         Publlc Works
         616/726-4786



         Treasurer
         6161724-6720



         Waler Dept.
         616/724-6718



                                     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
    Date:         June 11, 2002
    To:           Honorable Mayor and City Commissioners
    From:         Engineering
    RE:           MOU / Agreement with MOOT for the Construction of
                  Shoreline Dr. East




    SUMMARY OF REQUEST:
    Enter into an agreements with Michigan Department of Transportation to provide funding
    for the proposed Shoreline Dr. East Project. Furthermore, due to the timing constrains, it
    is requested that your approval, if granted, be contingent upon compliance with the City
    attorney's review. Also, it is respectfully requested that the Mayor & City Clerk be
    authorize to execute said agreements and the necessary resolutions .

•
    FINANCIAL IMPACT:
    The estimated cost of the project, including the existing section of Shoreline Dr. from Terrace
    to Southern Ave. is $11,850,000 of which the City is responsible for an estimated total of
    $650,000.



    BUDGET ACTION REQUIRED:
    None at this time. The city's share would come out of Major Street Fund ($500,000),
    Sewer Fund ($75,000) and Water Fund ($75,000).


    STAFF RECOMMENDATION:
    Conditional approval of the attached agreements and resolution.



    COMMITTEE RECOMMENDATION:
                                                                               2002-72(f)
                                                                             Revised 06/05/02

                         ROADWAY JURISDICTIONAL TRANSFER
                               CITY OF MUSKEGON AND
                      MICHIGAN DEPARTMENT OF TRANSPORTATION
                            MEMORANDUM OF UNDERSTANDING
                                       (MOU)
WHEREAS,     The City of Muskegon (the City) and the Michigan Department of
             Transportation (MDOT), are jointly developing these roadway
             jurisdictional transfers; and
WHEREAS,     the City has jurisdiction over Shoreline Drive from Southern
             Avenue to Terrace Street; and
WHEREAS,     The City shall construct a new segment of Shoreline Drive
             (Shoreline Dr. Extension) from Terrace Street to Business US
             31 (US-31BR), as well as reconstruct and/or rehabilitate the
             existing segment between Southern Avenue and Terrace Street
              (see attached map); and
WHEREAS,     US-31BR, from south of Ninth Street to north of Eastern
             Street, are a pair of one-way State Trunkl i nes under the
             jurisdiction of MDOT; and
WHEREAS,   the City and MDOT will exchange jurisdiction of the
           aforementioned streets upon completion and acceptance of
           construction,   reconstruction,  and/or rehabilitation of
           Shoreline Drive, as described above, and per the conditions
           described in this MOU.
NOW, THEREFORE, the City and MDOT agree as follows:

1.   The City shall acquire the necessary property at its expense, and complete environmental
     mitigation as required by the Phase II Environmental Review and by federal and state
     regulations, and obtain MDOT approval of the required environmental clearance issues,
     prior to and during constrnction. If additional costs are incurred during project construction,
     for either the Shoreline Drive Extension or the existing Shoreline Drive roadway, due to
     hazardous contaminated material disposal and/or other environmental issues, the City is
     required to pay 100% of the additional excavation costs, beyond that which would normally
     be classified as normal non-hazardous and/or non-hazardous contaminated material
     excavation, as it relates to all disposal, handling and mitigation for the Shoreline Drive
     Extension, as described above and on the attached map.

2.   The City shall arrange for completion of design plans, engineering, and construction
     including construction engineering (CE) of the Shoreline Drive Extension as described
     herein, upon MDOT review and approval of final design plans; the City shall advertise, let,
     and award the project; MDOT also shall approve construction staging, in coordination with
     other Muskegon area projects to minimize impacts on the users of the system. The City will
be reimbursed for construction costs for the project through the transfer of state Build
Michigan III funds to the City; specific terms and conditions of the fund transfer shall be
addressed by separate agreement between the City and MDOT. The following items shall
be the respective responsibilities of the City and MDOT:

3.     MDOT shall provide Build Michigan III funds not to exceed $11,850,000 for the
       following predetermined, eligible items within the limits of the
       Shoreline Drive Extension project and the reconstruction and
       rehabilitation of the existng section between Terrace Street
       and existing US-31BR (Southern Avenue): roadway construction,
       roadway reconstruction, roadway rehabilitation, PE for the
       portion of existing Shoreline Drive, CE, railroad relocation,
       standard traffic signals, street-lighting replacement, public
       utility pole relocation, relocation of existing public
       utility service (as per MOOT guidelines for utility
       relocations), with the following exceptions as listed in
       Items 2b, 2c, and 8 below;

2.     The City shall provide the following items, including required audits, related to the
        Shoreline Drive at its expense: street-lighting operations and maintenance,
       including utility billings; all sanitary force-main modifications and/or upgrades
       resulting from existing condition defects; non-motorized trail construction and all
       future maintenance; expansion and upgrades of existing utility service beyond
       existing facilities unless replaced as a direct conflict to the new construction (all cost
       associated with replacement of existing utilities, due to age of the facility, will be
       shared evenly by MDOT and the City and all upgrades to replaced utilities will be
       at I 00% city cost); and design engineering and environmental clearance per
       previous agreements, including mitigation and cleanup of any additional
       environmental issues discovered during the life of the construction project. MDOT
       shall have no responsibility for sanitary sewer force-main and its existing condition.
       The City shall be responsible for all needed sanitary sewer upgrades, and to assure
       its structural integrity for the Shoreline Drive Extension.

3.     Local road (snch as Western Avenue) modifications, outside the agreed on limits of
       direct tie-ins to the Shoreline Drive, shall be the responsibility of the City.

4.     The City shall be responsible for the design of the reconstruction pro j e ct ( as
       approved by MOOT) on existing Shoreline Drive, from Fourth
       Street to Terrace Street.              In addition, the City shall be
       responsible for the design of the rehabilitation project (as
       approved by MOOT) on existing Shoreline Drive, from existing
       US-31BR (north of Southern Avenue) to Fourth Street. The two
       segments mentioned in this section shall be done separately
       from the Shoreline Drive Extension construction project, but
       shall also be included in the Build Michigan III funding,
       with MOOT approval. This portion of the Build Michigan III
       funding will be part of the total funding limit mentioned in
       section "a" and any additional costs for these projects will
             be at 100% City of Muskegon costs - per agreement).

3.   The City shall obtain MDOT approval of final design plans and environmental mitigation
     plans prior to contract letting for construction, reconstruction, and rehabilitation of the
     Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of
     the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline
     Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan
     III funds, per Item #2a above.

4.   Upon the completion of the Shoreline Drive Extension as described herein, and upon
     completion of existing Shoreline Drive improvements as described in Item #2 above, and
     acceptance of these projects by MDOT, the City will transfer jurisdictional control of
     Shoreline Drive, from south of Ninth Street to north of Eastern Avenue (MP to be assigned),
     to MDOT to be a State Trunkline, designated as a segment of the US 31BR.
5.   The City shall, as long as the contract is in place for such procedures, perform trunkline
     highway maintenance of Shoreline Drive, for which jurisdictional control has been
     transferred to MDOT by this MOU, and receive reimbursement from the State for such
     maintenance in accordance with the duration, terms, and conditions of its
     existing Municipal Trunkline Maintenance contract,                               and in
     accordance with any future Municipal Trunkline Maintenance Contract
     as renewed and agreed upon by the City and MDOT.

6.   MDOT arranged for rehabilitation, at its expense, of US 31 BR from near Southern Avenue
     to north US 31 during 1999. MDOT also made repairs on southbound US- 3 !BR at Spring
     Street and on northbound US 3 !BR between Eighth and Ninth Streets; this project was
     completed and accepted by MDOT in 1999, per contract 61153 / 45782.

7.   Upon completion of the Shoreline Drive Extension and reconstruction/rehabilitation of
     existing Shoreline Drive as described herein, MDOT will transfer jurisdiction of US-3 lBR,
     which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south
     of Ninth Street to north of Eastern Avenue (MP: NB: South Spring Point of Ninth Street
     North to North Spring Point of Eastern Street - CS 61151 BMP = 5.796 EMP = 6.066 and
     CS 61153 BMP = 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to
     approximately 500 feet South of Eastern Street CS 61151 BMP = 5.796 EMP 6.066 and CS
     61153 BMP = 0.000 EMP 0.860), to the City. Upon completion of the transfer, the City
     shall have complete responsibility and authority over the referenced streets, including
     maintenance responsibility for these streets. MDOT will have no further maintenance
     responsibilities or obligations for these referenced streets. Upon transfer, the streets will
     become a part of the City's Street Plan and eligible for maintenance cost reimbursement
     under Act 51. A separate turnback agreement will be initiated between the City and MDOT.

     8.     After the transfer of jurisdiction is completed, ROW transfer will take place and will
            be done as an easement for highway purposes. This process will be initiated by
            MDOT and the City of Muskegon at a later date.

     9.     MDOT will not own the ROW for existing Shoreline Drive or the Shoreline Drive
            Extension. As such, the City, not MDOT will be liable and responsible for all
              environmental and other issues related to all Shoreline Drive ROW. In the event
              MDOT is the fee owner of Muskegon and Webster, it shall convey ownership to the
              City. The respective environmental liabilities shall be governed by the laws of the
              State.

      10.     Liability and responsibility for the condition of the highway and streets under
              MCLA 691.1402 and the Liability Exemption Section of Part 201, ACT 451
              (Section 20126) shall follow the transfers of jurisdiction, regardless of fee
              ownership. No liability under the highway execption to governmental immunity
              evidenced by that statute or any successor or amendment thereof shall remain with
              either party after jurisdiction has been transferred as set forth in this agreement.

8.    Existing traffic and parking controls, including speed limits, parking regulations, truck
      restrictions, traffic signs and signals, and pavement markings (on the street segments
      defined, for which jurisdictional control has been transferred to MDOT by this MOU), will
      be retained by MDOT after the transfer, so long as traffic operations are not negatively
      affected. Any future changes to the existing traffic controls, or placement of new controls
      or devices, and maintenance on these transferred streets within the City, will be done in
      consultation with the City, per existing MDOT procedures, policies, and agreements for
      trunkline routes within the City.

      a      MDOT will participate in the cost of traffic signals which meet MDOT's current
             standards and as provided in the current signal maintenance agreements. Additional
             costs to provide decorative traffic signals shall be 100% paid by the City of
             Muskegon. The City of Muskegon will also be responsible for providing all
             replacement parts required for any and all decorative traffic signals, within this
             Shoreline Drive corridor.

      2.      MDOT will not participate in the cost of placing new business informational or
              advertising signs as part of the Shoreline Drive Extension or existing roadway
              projects as described herein. If any existing signs are required to be moved, they
              will be moved by the City and shall be paid for by the City.

9.    The transferred street segments as described herein, for which jurisdictional control has been
      transferred to MDOT by this MOU, will operate as existing state trunklines in all respects,
      per existing MDOT procedures, policies, and agreements for trunkline routes within the
      City.

10.   In accordance with MDOT's guidelines for public participation in
      planning such projects,   MDOT and the City will jointly provide
      opportunities for public input and involvement before implementing
      any future major improvement projects on the street segments
      described herein, for which jurisdictional control has been
      transferred to MDOT by this MOU.
Include map and/or attachment that shows turnback limits, stationing,
and description.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed on this 11th day of .June   , 2002.

WITNESSES:                           CITY OF MUSKEGON:




                                                         Mayor

                                    . ~Q-
                                     Gail A. Kundinger, Clerk


WITNESSES:                           STATE OF MICHIGAN
                                     DEPARTMENT OF TRANSPORTATION:




                                    By:




                                    Its:
JMS - 0: (STREETSWAP)
                                    RESOLUTION 2002-72(f)


 RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
 DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
 CONSTRUCTION OF SHORELINE DR. EAST FROM US-31 BR TO THE EXISTING SHORELINE
 DR. , THE MILLING AND RESURFACING OF SHOREl,.INE DR. FROM US-31 BR NORTHERLY TO
 FOURTH STREET & THE RECONSTRUCTION OF SHORELINE DR. FROM FOURTH TO
 TERRACE TOGETHER WITH NECESSARY RELATED WORK AND AUTHORIZATION FOR
 MAYOR STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID
 CONTRACT

_Moved by      Commissioner Larson                        and supported by

Commissioner_--=B=u=ie"'--_ _ _ _ _ _ _that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into .Contract no. 02-5019 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 02-5019 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.

Adopted this      11th     day of     June      , 2002.




                                        CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
 .,June 11     , 2002. 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.
                                                        STATE OF MICHIGAN
     JOHN ENGLER                           DEPARTMENT OF TRANSPORTATION                                   GREGORY J. ROSINE
          GOVERNOR                                           LANSING                                               DIRECTOR




                                                          July 24, 2002



          Ms. Gail Kundinger, Clerk
                                                                                          AfCf/Vfo
          City of Muskegon                                                                    Sf p 0 5 2002
          933 Terrace Street, P.O. Box 53q
          Muskegon, MI 49443-0536
                                                                                       City   clerks O        .
                                                                                                         . ffice
          Dear Ms. Kundinger:

          RE:        MDOT Contract Number:          02-5019
                     Control Section:               MBS 61153; MBS 61151
                     Job Number:                    56028; 59581


          Enclosed is a fully executed copy of the above noted agreement.

                                                                      Sincerely,


                                                                     ·iJee--~ ~UAcJ_,,
                                                                      Jackie Burch
                                                                      Contract Processing Specialist
                                                                      Design Division

          Enclosure

          cc:        V. Weerstra, Grand Region and A. Suber, Economic Development
                     A. Christensen, Financial Operations Division
                     Grand Region Engineer          ·




                             MURRAY D. VAN WAGONER BUILDING • P.O. BOX 30050 • LANSING, MICHIGAN 48909
                                                www.michigan.gov • (5 17) 373-2090
LH-LAN-0(11/01)
                                                                       {_')                                ..~)
                                                                                                         .•"
                                                                      I ! ,,,' '/"·_r'
                                                                                                               i ., . ,-~



                                                                                   L~~;l~~;t~ -
                                      RESOLUTION 2002- 72(f)



RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE CONSTRTUCTION OF
SHORELINE DRIVE EAST FROM US-31 BR TO THE EXISTING SHORELINE DRIVE, FOR THE MILLING &
RESURFACING OF SHORELINE DRIVE FROM US31-BR NORTHERLY TO FOURTH STREET AND THE
RECONSTRUCTION OF SHORELINE DRIVE FROM FOURTH TO TERRACE TOGETHER WITH
NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND
CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT

Moved by       Commissioner Larson                                           and supported by

Commissioner_~B~u~ie_ _ _ _ _ _ _ _ _that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no.2002-0672 between the Michigan Department of
Transportation and the City of Muskegon for the purpose of exchanging jurisdictions of certain streets to
accommodate new US-31 BR. within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 2002-0672 be and the same is hereby
authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of
the City of Muskegon.



Adopted this    11th       day of    ,Jqne     , 2002.




                                        ATTEST     ~LO., iv,cL,r,o ,.,0
                                                 Gail A Kundinger, City Clerk   O

                                             CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on June 11       , 2002.
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
                                                         d
                                                         Uu J ,
                                                               -    Q,.__ "K!
                                                                          J /
                                                                              . .w,.cLv'Cjc2.,,0
                                                         ·   Gail A. Kundinger, Clerk .. ( .
                                      AGENDA ITEM NO. _ _ _ __

                                 CITY COMMISSION MEETING   6/11/02


TO:             Honorable Mayor and City Commissioners

FROM:           Bryon L. Mazade, City Manager

DATE:           June 11, 2002

RE:             Traffic Signal Support Pole Painting


SUMMARY OF REQUEST:

To approve the painting of 32 traffic signal support poles in the downtown area utilizing
Consumers Energy's contract with Pennington Bros. (Twin Lake, Ml). These poles are in need
of painting and doing so will accomplish another component of the Blight Fight effort.



FINANCIAL IMPACT:

32 poles@ $354.00 each                    $11,328.00
40 brackets @ $40.00 each -                 1,600.00
         TOTAL:                           $12,928.00



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the request.



COMMITTEE RECOMMENDATION:

None.




JMS • O: (TRAFFIC SIGNAL POLE PAINTING)
                                  EMPLOYMENT AGREEMENT
                                           2002-72(h)
                            CITY OF MUSKEGON - BRYON L. MAZADE
                                      Effective July 1, 2002

         This employment agreement is made and entered into by and between the CITY OF

MUSKEGON ("CITY") and BRYON L. MAZADE ("MANAGER").


                                                 Recitals

         A       The CITY desires to employ the services of MANAGER as the City Manager of

the City of Muskegon as provided in the Charter of the City of Muskegon and desires to establish

conditions of employment, provide certain benefits and set working conditions for said

MANAGER.

        B.       MANAGER desires to maintain the employment as City Manager of the City of

Muskegon in accordance with the terms and provisions of the Agreement.

         C.      This Agreement supersedes all prior agreements.


                                                Agreement

        NOW THEREFORE, THE CITY AND MANAGER AGREE AS FOLLOWS:

         1.      EMPLOYMENT. CITY employs MANAGER as City Manager to perform the

functions and duties specified in the City Charter and ordinances and to perform such other

legally permissible and proper duties and functions as the City Commission may, from time to

time, assign, and MANAGER accepts such employment.

                 MANAGER agrees to remain in the employ of the CITY until termination is

effected as hereinafter provided. MANAGER agrees to devote full time to his duties as City

Manager. MANAGER may undertake other incidental employment, subject to the right of the

City to require Manager to terminate other incidental employment.


C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AA5067.DOC
                                                    I
        2.       SALARY. Effective July 1, 2002, CITY agrees to pay MANAGER as

compensation for services rendered an annual salary of$105,256 per year. MANAGER shall be

entitled to cost ofliving adjustments approved by the City Commission for department heads on

the first of each year.

        3.       PENSION. It is understood by MANAGER that he will remain a member of the

City's General Employees Retirement System and remain eligible for all benefits thereunder.

        4.       FRINGE BENEFITS. In addition to the base salary and deferred compensation

established for MANAGER, CITY shall afford MANAGER the following:

                 (a)      Sick Leave. The existing sick leave bank shall be continued, and shall

continue to accrue at one (1) day per month, up to a maximum of 120 days.

                 (b)      Disability Insurance. During employment, a disability insurance policy

providing benefits for lost compensation until age sixty-five (65).

                 (c)      Holidays. Eleven (11) holidays per annum.

                 (d)      Vacation. Effective January 1, 2002; for each calendar year MANAGER

shall be entitled to five weeks vacation. Vacation time may be accumulated and carried over to

subsequent years, except that vacation time in excess of four weeks shall not be carried over and

shall be lost.

                 (e)      Life Insurance. A term life insurance policy during employment in the

amount provided for exempt employees ..·

                 (f)      Automobile Allowance.. Effective July 1, 2002, an annual automobile

allowance of $6,000 for mileage shall be provided and payable in the 26 pay periods. In

addition, there shall be reimbursement for mileage at the standard City rate for a round trip of

100 miles or more on behalf of the CITY.



C:\DOCUME-1\KUNDIN~1\LOCALS~1\Temp\AA5067.DOC
                                                   2
                 (g)      Hospitalization Insurance. Coverage under the CITY'S hospitalization and

dental plan for MANAGER, MANAGER'S wife and children. MANAGER and MANAGER'S

dependents will, however, be subject to plan amendments adopted from time to time by the City

Commission.

                 (h)      Membership Dues and Expenses. Payment of annual ICMA membership

dues and payment of expenses to attend ICMA conferences within the State of Michigan.

Payment of the expenses to attend the annual ICMA conference. All other out of state

conferences must receive prior consent of City Cominission.

                 (i)      Civic Organizations. CITY will pay or reimburse MANAGER for

membership dues and fees in one civic organizations, i.e. Rotary, Lions Club, etc., subject to the

City's ability to review and eliminate this benefit.

                 G)       Miscellaneous. In addition to the fringe benefits set forth above, and to

the extent that this subparagraph does not duplicate or conflict with the above fringe benefits,

(which shall prevail), the MANAGER shall have the same fringe benefits as are available to the

highest level department heads employed by the CITY from time to time.

        5.       TERM. It is understood by both CITY and MANAGER that employment may be

terminated at the will of either party.

        6.       SEVERANCE PAY UPON TERMINATION BY CITY. If CITY terminates

MANAGER'S employment, of if termination occurs pursuant to section 8 (except the last

paragraph thereof), MANAGER shall receive severance pay in an amount equal to six (6)

months' salary, 50% of any unused sick leave pay and payment for unused vacation time earned

in that calendar year to the date of termination.




C:\DOCUME~1\KUNDIN~1\LOCALS-1\Temp\AA5067.DOC
                                                    '
                                                    .)
         7.      TERMINATION OF EMPLOYMENT BY MANAGER. MANAGER may

terminate employment at any time after providing the CITY with a thirty (30) day notice.

         8.      SEVERANCE PAY UPON TERMINATION BY MANAGER. In the event the

CITY refuses, following written notice, to comply with any material provisions of this agreement

which financially benefit MANAGER, or MANAGER resigns following the simultaneous

suggestion, whether formal or informal, by a majority of the members of the City Commission

that he resign, then, in that event, the MANAGER may at his option be deemed to be terminated

at the date of such failure to comply or simultaneous suggestion. In such case, the MANAGER

shall be deemed to have been terminated by the CITY and entitled to the severance benefits set

forth above.

                 In the event the MANAGER terminates his employment for reasons other than

those stated in this paragraph, he shall receive one-half (1/2) of his unused sick leave bank and

all earned vacation pay for that calendar year, but no other severance pay or benefit, except as

required by law.

        9.       MERGER OF NEGOTIATIONS. This agreement constitutes the entire contract

of employment between CITY and MANAGER. No statement, promise, agreement, or

obligation that conflicts with the terms of this agreement shall modify, enlarge, or invalidate this

agreement or any provisions hereof




C:\DOCUME~1\KUNDIN~1\LOCALS~1\Temp\AA5067.DOC
                                                 4
         IN WITNESS WHEREOF, the CITY and MANAGER have executed this agreement this

  /U      day of     .Ju /7 e       , 2002.



WITNESS SES:




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