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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 27, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Transfer of Ownership Request- City Cafe. CITY CLERK
C. Liquor License Request for Outdoor Service - Linne Lodge #57. CITY
CLERK
D. Rezoning Request for Properties Located at 3800 Bluff and 1260 Browne
Streets. PLANNING & ECONOMIC DEVELOPMENT
E. Zoning Ordinance Amendment to Article II (Definitions) of the Zoning
Ordinance. PLANNING & ECONOMIC DEVELOPMENT
F. Zoning Ordinance Amendment to the Zoning Ordinance Language for
Creation and Membership (Zoning Board of Appeals). PLANNING &
ECONOMIC DEVELOPMENT
G. Budgeted GPS Purchase. PUBLIC WORKS
H. Fuel Sales. PUBLIC WORKS
I. Request for Encroachment Agreement by Muskegon Masonic Temple
Association. ENGINEERING
J. Request for Encroachment Agreement on Jefferson and Clay.
ENGINEERING
K. Softball World Contract Extension with Muskegon Township. ASSISTANT
CITY MANAGER
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Sister City- Antalya, Turkey. MAYOR
B. Intergovernmental Cooperation Agreement with Muskegon County for
Mail Processing Services. CITY CLERK & FINANCE
C. Agreement for School Resource Officer-Muskegon Public Schools.
PUBLIC SAFETY
D. Towing Service and Storage of Impounded Vehicles. PUBLIC SAFETY
E. Concurrence With the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1516 Hoyt Street
350 Allen - Area 11
291 Washington- Area lOb
769 Washington- Area 12
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
> Submit the form to the City Clerk.
> Be recognized by the Choir.
> Step fo!Word to fhe microphone.
> State name and address.
> limit of 3 minutes to address the Commission.
> {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO A TrEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: September 27, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the September 1ih
Community Relations Committee Meeting and the Commission
Worksession, the September 13th Regular Commission Meeting, and the
September 15th Special Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 27, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street. Muskegon, Michigan at 5:30 p.m., Tuesday, September
27,2005.
Mayor Warmington opened the meeting with a prayer from Commissioner
Clara Shepherd after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin
Davis, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-88 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the September 12th Community
Relations Committee Meeting and the Commission Worksession, the September
13th Regular Commission Meeting, and the September 15th Special Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Transfer of Ownership Request- City Cafe. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from lordache Holdings, Inc. to transfer
ownership of the 2005 Class C licensed business with Dance-Entertainment
permit from Ashley-Chandler, Ltd. and PKT Twelve, Inc. (Co-licensees).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATim~: All departments ore recommending approval.
C. liquor license Request for Outdoor Service - Linne lodge #57. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Linne Lodge #57, Independent Order of
Vikings to add a New Outdoor Services (1 area) to be held in conjunction with
their 2005 Club licensed business with Dance Permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
D. Rezoning Request for Properties Located at 3800 Bluff and 1260 Browne
Streets. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 3800 Bluff and
1260 Browne Streets, from R-1, Single Family Residential to OSR, Open Space
Recreation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their September 15th meeting. The vote was
unanimous in favor of the amendment. with B. Smith absent.
E. Zoning Ordinance Amendment to Article II (Definitions) of the Zoning
Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to amend the
definitions for "Hotel" and "Motel".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the definitions for "Hotel" and "Motel".
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
I. Request for Encroachment Agreement by Muskegon Masonic Temple
Association. ENGINEERING
SUMMARY OF REQUEST: Muskegon Masonic Temple has requested your
permission to upgrade the existing awning at the entrance of the building. The
awning will follow the same footprints as the existing awning (built in 1972) and
be installed by Muskegon Awning. The new awning will extend over the
sidewalk at 396 W. Clay Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
J. Request for Encroachment Agreement on Jefferson and Clay.
ENGINEERING
SUMMARY OF REQUEST: Volunteer Muskegon has requested your permission to
place three (3) planters along Jefferson/Clay area closest to their office at 880
Jefferson. The planters would be about three feet in diameter similar to those
along Lakeshore Drive. This request is unusual in the respect that it is for ten ( 10)
years instead of the standard five (5) years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
K. Softball World Contract Extension with Muskegon Township. ASSISTANT
CITY MANAGER
SUMMARY OF REQUEST: The City Leisure Services Department has a contract
with Muskegon Township for the use of Softball World. The contract expires on
November 1, 2005. Due to the need to complete a thorough assessment of the
continuation of the Softball Program, a one-year extension of the contract was
requested and granted by Muskegon Township. Staff is requesting official
authorization by the Commission to allow the Mayor and Clerk to sign the one-
year extension.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the one-
year extension of the Contract with Muskegon Township for the use of Softball
World.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read minus items F, G, and H.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-89 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. Zoning Ordinance Amendment to the Zoning Ordinance Language for
Creation and Membership (Zoning Board of Appealsl. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501 (Creation and
Membership) of Article XXV, Zoning Board of Appeals to mirror the State of
Michigan Zoning Act that requires a 2/3 concurring vote of members to grant a
use variance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the "Creation and Membership" language to mirror the
State of Michigan Zoning Act that requires a 2/3 concurring vote of members to
grant a use variance.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their September 15th meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
zoning ordinance amendment to the zoning ordinance language for creation
and membership of the Zoning Board of Appeals.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
G. Budgeted GPS Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 20 GPS receivers and
components from Advanced Tracking Technologies.
FINANCIAL IMPACT: Cost $26,945.85
BUDGET ACTION REQUIRED: None. There is $32,000 budgeted for this purchase.
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the budgeted GPS purchase.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
H. Fuel Sales. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to waive the 15% administrative fee on
outside fuel sales to Muskegon Public Schools.
FINANCIAL IMPACT: $5,000 in revenue depending on fuel consumption.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve waiving administrative fee.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the waiver of the 15% administrative fee on outside fuel sales to Muskegon
Public Schools.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-90 NEW BUSINESS:
A. Sister Citv- Antalya, Turkey. MAYOR
SUMMARY OF REQUEST: To establish a Sister City relationship with Antalya,
Turkey. The relationship will provide an opportunity for a cultural exchange
between the two cities.
FINANCIAL IMPACT: Minimal expenses expected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve establishing a Sister Cities relationship
with Antalya, Turkey.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Sister City relationship with Antalya, Turkey.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
B. Intergovernmental Cooperation Agreement with Muskegon Countv for
Mail Processing Services. CITY CLERK & FINANCE
SUMMARY OF REQUEST: Postal regulations and equipment requirements are
constantly changing. The City is currently faced with the requirement to replace
its postage metering equipment by the end of 2006. We have looked at several
alternatives for meeting our future mailing needs including purchase/lease of
new equipment and outsourcing mail processing. Staff has concluded that the
most cost-effective option is to enter into the intergovernmental cooperation
agreement with Muskegon County for this purpose. Under the agreement, the
City will pay $0.06 for each piece of mail processed (in addition to postage
costs). (By way of comparison, the County Central Services office charges
$0.05/piece to other County departments.) This agreement applies to the City's
general daily mail needs but does not cover high-volume, bulk mailings such as
tax and water bills. These mailings are handled under a separate printing and
mailing services contract with a private firm.
FINANCIAL IMPACT: Approximately ll 0,000 pieces of mail will be processed
annually under this contract at a total cost of $6,600. This cost will be more than
offset by the following savings: l) volume/sorting discounts not available to City
(annual savings $1.980); 2) Avoidance of equipment and meter purchase/lease
(annual savings $4.476); 3) staff-time savings in Clerk and Finance offices (annual
savings $2,500).
Additionally, many other minor benefits will be realized: l) responsibility for
monitoring/responding to changing postal requirements will pass to the County;
2) postal supplies savings ($50-$100); and, 3) minor interest savings from no
longer pre-funding postage meter.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the "Agreement for Mail Services" with
Muskegon County.
Motion by Commissioner Gawron, second by Commissioner Davis to approve
the Agreement for Mail Services with Muskegon County.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
C. Agreement for School Resource Officer-Muskegon Public Schools.
PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for a full-time School Resource Officer who will
be assigned to Muskegon High School. Muskegon Public Schools has agreed to
pay one-half of the annual salary of a police officer position. This will not be a
new position. The officer will be selected from the existing staff.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$30,000 each calendar year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the agreement for School Resource Officer with Muskegon Public Schools.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
D. Towing Service and Storage of Impounded Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: Bids were solicited and have been accepted for the
towing services and storage of impounded vehicles for the City of Muskegon's
Police and Public Works Departments. This bid covers a three-year contract
beginning September 1, 2005- August 31, 2008. Two companies submitted bids.
They were (1) Central Towing, 710 Pulaski and (2) Reliable Towing, Inc., 1288 9th
Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Based upon the bid proposals, we recommend that
Central Towing be awarded this contract.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the contract with Central Towing for towing and storage and have staff negotiate
the City vehicle flat tire change/exchange from September 1, 2007 to August 31,
2008.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
E. Concurrence With the Housing Board of Appeals Notice and Order to
Demolish 1516 Hoyt, 350 Allen, 291 Washington. and 769 Washington.
PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for the demolitions with the lowest
responsible bidder.
1516 Hoyt
350 Allen - Area 11
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish 1516 Hoyt and
350 Allen.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
291 Washington- Area lOb
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with
the Housing Board of Appeals notice and order to demolish 291 Washington.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: Davis
MOTION PASSES
769 Washington- Area 12
FINANCIAL IMPACT: General Fund
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Larson to table the
demolition of 769 Washington for 30 days.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-91 ANY OTHER BUSINESS:
Our new Sister City Antalya, Turkey, gave a presentation.
2005-92 PUBLIC PARTICIPATION:
Scott Siera dzki, 1074 Kampenga, spoke re ference his house at 557 W. Clay
Street.
Motion by Vice Mayor Larson, second by Commissioner Davis to take no action
on the demolition before October 27th with the understanding that the building
must pass inspections prior to that date.
ROLL VOTE: Ayes: Warmington, Carter, Davis, and Larson
Nays: Spataro, Gawron, and Shepherd
MOTION PASSES
Lyle Day, 1989 Duck Lake Road, requested sick leave extension.
Motion by Commissioner Spataro, second by Commissioner Davis to grant a six-
month leave per contract with the understanding that it is an unpaid leave.
ROLL VOTE: Ayes: Davis, Carter, Larson, Shepherd, Gawron, and Spataro
Nays: None
Absent: Warmington (excused at 8:01 p.m.)
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:07 p.m.
Respectfully submitted ,
~0 - ~r
Gail A. Kundinger, MMC
City Clerk
Date: September 27,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer of Ownership Request
City Cafe
413-415 W. Western Avenue
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from lordache Holdings, Inc. to
transfer ownership of the 2005 Class C licensed business with Dance-
Entertainment Permit from Ashley-Chandler, Ltd. And PKT Twelve, Inc.
(Co-licensees).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Musl(egon Police Department
Anthony L. K/eibecker
Director of Public Safety
980 Jefferson w'vvw.muskcgonpolice.com Phone:231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
Sept. 16, 2005
To: City Commission through the City Manager
From: ~ L.I~Q._
Antl y L. Kletbecker, Director of Public Safety
Re: Liquor License Request - 413-415 W. Western
Transfer of Ownership of 2005 C lass-C SDM Licensed Business
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Iordache Holdings, Inc. comprised of Catalin and Daniela Iordache of
426 East Circle Dr. in North Muskegon.
Iordache Holdings, Inc requests to transfer ownership of 2005 Class-C SDM licensed business with
Dance-Entertainment Permit, 2 Direct Connections, and 3 Bars located at 413-415 W . Western from
Ashley-Chandler, Ltd. and PKT Twelve, Inc. Catalin and Daniela Iordache have limited experience in the
alcohol service industry and are aware of the Muskegon Police Depmiment's position on enforcing local
alcohol laws and ordinances.
A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.
ALK/kd
Mici ">Jan Department of Labor & Economic C:mJWth
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing. Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4 )]
To: MUSKEGON POLICE DEPARTMENT Date: August 16, 2005
CHIEF OF POLICE REF#: 316345
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, M149443-0536
Chief Law Enforcement Officer
Applicant:
IORDACHE HOLDINGS, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2005 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, 2 DIRECT CONNECTIONS, AND 3
BARS, LOCATED AT 413-415 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY, FROM
ASHLEY-CHANDLER, LTO. AND PKT TWELVE, INC. (CO-LICENSEES).
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request. LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form. you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
Please include fingerprint cards and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
Michigan ~"oartmentof Labor & Economic Growth
POLICE INSPECTION REPORT ON L. OR LICENSE REQUEST MICHl( LIQUOR CONTROL COMMISSION
7150 Harris Drive
Req lD #316345 (Authorized by MCL 436.1217) P.O. Box 30005
Lansing, Michigan 48909·7505
· Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
IORDACHE HOLDINGS, INC., 413-415 W. WESTERN, MUSKEGON, Ml49440, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2005 CLASS C-SDM LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT, 2 DIRECT CONNECTIONS, AND 3 BARS, FROM ASHLEY-
CHANDLER, LTO. AND PKT TWELVE, INC. (CO-LICENSEES).
[ Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
CATALIN V. IORDACHE- STOCKHOLDER DANIELA. IORDACHE- STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
.426 EAST CIRCLE DRIVE 426 EAST CIRCLE DRIVE
NORTH MUSKEGON, Ml 49445 NORTH MUSKEGON, Ml 49445
H(231 )744-9217/B(231 )638-2654 H&B(231 )744-9217
DAT:=OFBIRTH: ~-zo··(;7 DATE OF BIRTH: "/·12·73
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
'}JSes D No liZI Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finQerprinted: '1- 9 -OS Date fingerprinted: ")- 9- ()!;
I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: 0 Felony 0 Misdemeanor ARREST RECORD: 0 Felony 0 Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
[Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No S-Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? )li. No D Yes, explain relationship:
l Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? i;J::Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
[_Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~Yes 0 No
2. Is the proposed location satisfactory for this business? l8l Yes 0 No
3. Should the Commission grant this request? lR'Yes 0 No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
? -.2..1 -0~
Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
STATE OF MICHIGAN
'EPARTMENT OF LABOR & ECONOMIC GROWTI'
LIQUOR CONTROL COMMISSION REQ ID: 316345
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
IQRDACHE HOLDINGS, INC.
ii'PPLICANT/LICENSEE PHONE NUMBER
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
X X
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. cy"'ES·, NO N/A
2. Describe the type of entertainment applicant/licensee will provide: NIA
/I1V>Jl.
Will this entertainment include topless activity? YES N/A
NIA
PERMIT N/A
vnwc''" ACTIVITY PERMIT N/A
DATE SUBMITTED OFFJCESSIGNATURE
DEPARTMENT NAME PHONE NUMBER
ADDRESS ' CITY
LC·fi9JN REV 5/98
~;1!\(}-0652
Req ID #316345
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
RESOLUTION
2005-SS(b)
Ata Regular meeting of the __c_i_t~y----=C_o__,m,..,..m-=-1-·..,...s=s_i_o=n::----::---,.,.---- --
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on September 27, 2005at 5 : 30
- - -- - P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Spataro
That the request from IORDACHE HOLDINGS, INC. TO TRANSFER OWNERSHIP OF 2005 CLASS C
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 413-415 W . WESTERN,
MUSKEGON, Ml49440, MUSKEGON COUNTY, FROM ASHLEY-CHANDLER, LTD. AND PKT TWELVE, INC.
(CO-LICENSEES).
be considered for Approval
(Approval ur Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
-----------~(R~~o-
m-me-nd~ed-
or-no--,tR~ec-·om-m-en-,-ded~)----------------
State of Michigan )
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ___c-;;;:i~t..::y;.,..--;;C_o-:-m-:::-m::--i-;-;s:;;-s_i-:::-o__n-,;-:----- at a _ _R_e--=g:...u_l_a_r-;;;-:=~=:-------
(Township Board, City or Village Counci l) (Regular or Special)
meeting held on September 27. 2005 .
( Date)
SEAL
Muskegon, MI 49440
(Mailing address of Township. City of Village)
SEP 1 6 2005
MU::SKEbU1\ hJi DEPT.
CHIEF of POLICE
To: Tony Kleibecker, Director of Public Safety
From: Det. Kmi Dykman
Date: 09-16-05
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Depmtment has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Iordache Holdings, Inc. of 413-
415 W. Western, Muskegon, MI. 49440.
Iordache Holdings, Inc is requesting to transfer ownership of 2005 Class-C SDM licensed
business with Dance-Entertainment Permit, 2 Direct Connections, and 3 Bars located at
413-415 W. Western from Ashley-Chandler, Ltd. and PKT Twelve, Inc. Iordache
Holdings, Inc is comprised of Catalin and Daniela Iordache of 426 East Circle Dr, N.
Muskegon, MI. 49445. Mr. & Mrs. Iordache have had limited experience in the alcohol
service industry and has been made aware of the Muskegon Police Departments position
on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
/
.· .· , :;~~'L_
Det. Kurt Dyktlliin ..
data/common/liquor/Iordache
LIQUOR LICENSE REVIE\V FOlll\,1
AKA Business Name (if applicable): - - - - - - - - - - - - - - -
0 pe ra tor/Manager's Name: _ f=a......f.;...:.,'n-'--_..::....+-____./)"'"'a"'-(7:.....:....:.-;'e.______,..
___._.f!.....,a....... =/ h. . .
.J""""a"-'-c"""'J,. . ,_a......
c .... e____
Business Address:
Reason for Review:
New License D Transfer of Ownership 181' Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved ~ Denied D No Action Needed D
Income Tax Approved D Owing D Amount: ----
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount: ----
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~ L . I ~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
7-r-os-
LIQUOR LICENSE REVIE\V FOllJ,,I
AKA Business Name (if applicable): - - - - - - - - - - - - - - --
0 pe ra tor/Manager's Name: _ ___._.fl:....::a.....f...=a.......l-'-'
/n' -'----"'f-_ _.../2"""'a'-'-n.._.l_;:.e"'"'"/_ u ......
.......,..,.,l:....:.a"-c...,_J..... b.._.e" ----
c ......
Business Address:
Reason for Review:
New License D Transfer of Ownership Bf Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------- ------------------
Deadline for receipt of all information: - - - -- -- - - -- -- - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved~ Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~Cf,JQ:f---
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOl~ LICENSE PJ:VIE'V FORlVl~AXED RECEIVED 0
SEP 12 2005
Business Name: _To rJo cbe /-lo /J,~v s
-~'-!..-!.A-lo<I...J..:!...L.l..l-___,~:._!...;;:_....:...v.,.:.;
, ;e.-=-
Inc .
~:r'---.....:....._...:.......;._ _ _ _
Q_ AP_P_R_
OV_E_D____,P
=osTED 0
CIT'{ OF MUSKEGON WEASURY
AKA Business Name (if applicable): - -- - - - - - - - - - - - - -
Operator/Manager's Name: _--l..o<{j~al. .f.!. .a~l~
: : /n:....:..-_....::+-_. ./). :. .aL.:..n~l
: : . .,~.: :. l!._ _j.,.-:. . ou..c.w::..Jw.a
~. ....c """b.u.e;;.___
Business Address:
Reason for Review:
New License D Transfer of Ownership l8f Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other __________________________________________________
Deadline for receipt of all information: - -- - - - - - - -- -- - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved J2( Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signatu~
Please return to the City Clerk's Office -........
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORI\I
<1 rv ul · , L10r J
AKA Business Name (if applicable): PI 11'1.1 llf\IG \RH.1r:N r
1
Opera tor/Manager's Name: _--~...oC'-"al. .f.=
:. a:. . /L~/n~-~.f--_,.J).:...:.:a'"""n~l_.·e~/--J""'-:...J.a"-c=d.l<1..u"""c-'-b.._.e;;.._,_
Business Address:
Reason for Review:
New License D Transfer of Ownership l8f Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-----------------------------------
Deadline for receipt of all information: - - ---- - - - - - - - - - - - - - --
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved"~ Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature @ d ;:/' cl~
D
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
9--f-o-5
LIQUOR LICENSE REVIE'V FORI\1
Business ~a~e: ~~~~o~r~~~a~c~A~c~-~~o~~~~~~~~~~~~~~·~~
~~-~-_n_c_. ~~~~~~~~
AKA Business Name (if applicable): --~~~~-~~~~~--~-
0 pera tor/Manager's Name: ~--'--'(}'-"q:l...:f-=a._.l-'-/:n~---"<J-~...L.
. .:. j}.'-"q"-'n-'-'1--',~=/-__...~[,_.a'""c-""-rl......o.....c.....b.._.e.____
Business Address:
Reason for Review:
New License D Transfer of Ownership 181' Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other ~-~~--~-~-~~~~~~~~~----~~--------
Deadline for receipt of all information: ------~----~--~---------
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved ~ Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature jz.vvtV ,Ournf?A M~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\'t' FOI:U\I
AKA Business Name (if applicable): - -- - -- - - - - - - - - -
Opera tor/Manager's Name: _--i.,.(}~a~f~a:wf~,·:....!.n_~.J-~..J./~2a:L:n~lc_:.<::=...!/_ _ _,. .J: . . ,L".,'-C. ~.~:.Ja..w~. ~c'""
. . b.,/. .Je~-
Business Address:
Reason for Review:
New License D Transfer of Ownership l8f Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: - - - - -- - - - -- - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved ~ Denied D Remaining Defects D
Department Signature._ ___:;_ _..;__74-+~-+-----.!...--~-----
Please return to the City Clerk's Offic
Gail A. Kundinger,
Liquor License Coordinator
I.~IQUOR LICENSE REVIE\V FO~I
Business Name: I o rJ o che. do /J,~ s. Inc .
--~~~~~~~~~v~~7~~-------------------
AKA Business Name (if applicable): - - - - - - - - - - - - - - - - - - - -
Opera tor/Manager's Name: ----'-"'f!~a~...:..f=a....~...l.:....:.'·n~__.::..+-----'/)""--""-a:. . .:. n. :. . /=c:.:. . ./_. ,. .J: . . ~a.u. c-" d. a.u......,- ....r).....e " - - -
Business Address:
Reason for Review:
New License D Transfer of Ownership l8f Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other __________________________________________
Deadline for receipt of all information: - - - - - - - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections · Approved' Denied D Remaining Defects D
Department Signature___~o.::....,&.,,L{,</-:;...__,;-----~,..----------------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Memorandum
To: Robert Kuhn, Director of Works
From: Brett Kraley, Equipment Supervisor
Date: 9/21/2005
Re: Fuel Sales
The Equipment Division previously sold fuel to The
Muskegon Public School District. Last year the school district
stopped buying fuel from us because we had to add the15%
administration fee to the cost.
The transportation director from the school recently
contacted us and asked if we could forgo the 15% and agree on
a cents-per-gallon charge. We have tentatively agreed on 7 cent
per gallon, which would generate roughly $5,000 a year.
We would like to request the commission waive the 15%
administration fee, allowing us to sell fuel to the Muskegon
Public School District.
1
AGENDA ITEM N O . - - - - - -
CITY COMMISSION MEETING - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Mayor Steve Warmington
DATE: September 21, 2005
RE: Sister City- Antalya, Turkey
SUMMARY OF REQUEST:
To establish a Sister City relationship w/ Antalya, Turkey. The relationship will provide an
opportunity for a cultural exchange between the two cities.
FINANCIAL IMPACT:
Minimal expenses expected.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve establishing a Sister Cities relationship with Antalya, Turkey.
COMMITTEE RECOMMENDATION:
None
PB/0/AGENDA- SISTER CITY ANTALYA TURKEY 092105
September 27, 2005
WHEREAS the Sister City Progam administered by Sister Cities
International was initated by the President of the United States of
America in 1956 to encourage greater friendship and understanding
between the United States and other nations through direct personal
contact: and
WHEREAS in order to foster those goals, the people of Muskegon,
Michigan and Antalya, Turkey in a gesture of friendship and goodwill,
agree to collaborate for the mutual benefit of our communities by
exploring education, economic and cultural opportunities.
WHEREAS we agree to support and encourage opportunities for
mutually beneficial practical exchanges in the fields of culture,
education and Tourism. To do this, we will have the support of our
governments, our school system and our cultural organizations.
NOW THEREFORE Muskegon, Michigan and Antalya, Turkey do
hereby proclaim themselves Sister Cities and declare their intent to
abide by these guidelines indefinitely according to Sister Cities
international policies.
Steve Warmington
Mayor
City of Muskegon
,M~skegon, 1 Mic~an, ..~.~~ ..
~
' 0.
••.! '
:j .. . }=~
~ ~.. ~~ l .
":···· ········~·~· ..:,
......•.•. '--··- . ....
September 27, 2005
Mesut Kocagoz
The Honorable Deputy Mayor
of Kepez Municipality
Teoman Pasa Mahallesi
Antalya, Turkey
Dear Mayor Warmington:
It is with great pleasure that I accept the invitation to establish a sister
city affiliation with the City of Muskegon and the Greater Muskegon
Area Sister Cities. I accept the invitation on behalf of the many
citizens of our community who have come to know and love the city
and county of Muskegon and vote unanimously in favor of the
affilitiation.
As we look to the future of this alliance, we envision a growing
awareness and appreciation of each other's culture and people. From
small beginnings, we hope this partnership will continue for many
generations, fostering educational, economic and professional
exchanges. We look forward to the limitless possibilities of this
relationship.
Although this partnership must begin on an offical basis between the
governments of our two communities, we see the strength and vitality
of this long-term association resting wholly in the hands of our citizen
volunteers and participants. To this end, we have designated a group
of men and women to enlist voluntary support in our community. We
know that a body of volunteers already are assembled in your country.
We sincerely appreciate the invitation and look forward to the
wonderful opportunities that await our communities in the future.
Sincerely,
Date: September 27, 2005
To: Honorable Mayor and City Commissioners
From: City Clerk & Finance Director
RE: Intergovernmental Cooperation Agreement with Muskegon County for Mail
Processing Services
SUMMARY OF REQUEST: Postal regulations and equipment requirements are
constantly changing. The city is currently faced with the requirement to replace its
postage metering equipment by the end of 2006. We have looked at several
alternatives for meeting our future mailing needs including purchase/lease of new
equipment and outsourcing mail processing. Staff has concluded that the most cost-
effective option is to enter into the attached intergovernmental cooperation
agreement with Muskegon County for this purpose. Under the agreement, the city
will pay $0.06 for each piece of mail processed (in addition to postage costs). (By
way of comparison, the County Central Services office charges $0.05/piece to other
County departments.) This agreement applies to the City's general daily mail needs
but does not cover high-volume, bulk mailings such as tax and water bills. These
mailings are handled under a separate printing and mailing services contract with a
private firm.
FINANCIAL IMPACT: Approximately 110,000 pieces of mail will be processed
annually under this contract at a total cost of $6,600. This cost will be more than
offset by the following savings: 1) volume/sorting discounts not available to city
(annual savings $1 ,980); 2) Avoidance of equipment and meter purchase/lease
(annual savings $4,476); 3) staff-time savings in Clerk and Finance offices (annual
savings $2,500).
Additionally, many other minor benefits will be realized: 1) responsibility for
monitoring/responding to changing postal requirements will pass to the County; 2)
postal supplies savings ($50-$1 00); and, 3) minor interest savings from no longer
pre-funding postage meter.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the attached "Agreement for Mail
Services" with Muskegon County.
COMMITIEE RECOMMENDATION: None.
AGREEMENT FOR MAIL SERVICES
As authorized in the Intergovernmental Transfers Of Functions And Responsibilities Act,
this Agreement is entered into by and between the County ofMuskegon ("County"), 990 Terrace
St., Muskegon, MI 49442, and the City of Muskegon ("City"), 933 Terrace St., Muskegon, MI
49440, for the purpose of providing non-exclusive mail services to City and payment to County
for same. The parties agree as follows:
l) County's responsibilities include:
a) Mail shall be picked up daily at centralized locations at City Hall and the
Public Services Building.
b) Pickup time shall be by II :00 a.m., but mail will be accepted from City
until3:00 p.m. at County's Office Services Department.
c) Mail shall be delivered to the post office between 4:30 and 5:00p.m.
d) Regular, registered, restricted delivery, and overnight mail shall be
accepted, and bulk rates shall apply when applicable.
e) Mail from the City shall be treated and charges applied as if it were mailed
from County offices.
2) City's responsibilities include:
a) #10 envelopes beginning with zip code "494" shall be sorted and bundled
separately to qualifY for the discounted bulk rate. All other mail shall be
sorted and bundled separately according to size, e.g., postcards, envelopes,
large manila envelopes, and registered mail. Mail that needs to be charged
to specific accounts shall be sorted and bundled separately and account
numbers designated clearly.
b) Flaps on all envelopes shall be left up if they are not sealed.
C:\Documents and Settings\Paui\Lo~l Settings\Temporary Intmet Files\OLKIO\AGREEMENT FOR MAIL SERVICES (Z).doc
c) A central location at City Hall and the Public Services Building shall be
provided for mail pickup.
3) City shall pay County six; cents ($.06) for each piece of mail received, e.g., 500
pieces of mail shall cost thirty dollars ($30.00), in addition to postage costs and
other related charges, i.e., certified mail, registered mail and oversees mail.
County shall provide a monthly, sufficiently detailed, invoice to City and City
shall make payment within thirty (30) days of the invoice date. Provided,
however, this rate may be reasonably increased by the mutual written consent of
the parties.
4) Effective October 3, 2005, this Agreement shall be for a term of two (2) years and
may be renewed annually for up to five (5) years by written consent of both
parties. Provided, however, either party may terminate this Agreement for any
cause by giving six;ty (60) days advance written notice to the other party or may
be immediately terminated for a breach of this Agreement.
5) In addition to damages, the prevailing party in a suit for breach of contract shall
be entitled to attorney fees.
COUNTY OF MUSKEGON CITY OF MUSKEGON
By:
Bill Gill, Chairman, Muskegon County
Board of Commission
Dated: _ _ _ _ __ Dated: _ _ _ _ __
Affirmative Action
(231)724-6703
FAX: (231)722-1214
As sessor/Equ a II zs tlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
{231 )724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 W<-st Michigan's Shoreline (;lty
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(23 J)724-6705 October 11, 2005
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Karen Buie, County Clerk
Computer Info. 990 Terrace
Systems
(231)724-6744 ~uskegon,~I 49442
FAX: (231)722-4301
Engineering Dept. Dear Karen:
(231)724-6707
FAX: (231)727--6904
Please have Chairman Bill Gill sign the enclosed agreements for mail service.
Fin a nee Dept.
(231)724-6713 Once they are signed, please keep one copy for your records and return the other
FAX: (231)724-6768 two to us.
Fire Department
(231)724-6792
FAX: (231)724-6985
If you have any questions, please call me at 724-6915.
Income Tax
(231 )71:4-6770
Thank you,
FAX: (231)724--6768
lnspecllon Services
(231 )724-671 s
FAX: (231)728-4371
Linda Potter
Leisure Services
(231)724-6704
Deputy Clerk
FAX: (231)724-1196
Mayor's Office
(231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231 )724-6702
FAX: (231)724-6790
Police Deptartment
(231 )724-6750
FAX: (231)722-5140
Public Works Dept,
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City ofMuskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
www.shorelinecity.com
City Commission Meeting
Tuesday September 27, 2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: September 14, 2005
SUBJECT: Agreement for School Resource Officer-Muskegon Public Schools
Summary of Request:
Police Department staff is requesting that the Commission approve an agreement
between the City and the Muskegon Public Schools. The agreement provides for a full-
time School Resource Officer who will be assigned to Muskegon High School.
Muskegon Public Schools has agreed to pay one-half of the annual salary of a police
officer position. This will not be a new position. The officer will be selected from the
existing staff.
Financial Impact:
This agreement will produce revenue in the amount of $30,000 each calendar year.
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
AGREEMENT
This Agreement is effective September 1, 2005 among the City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("City"), and Muskegon Public Schools, of349 West Webster, Muskegon, Michigan
49440 ("MPS"), with reference to the following facts:
Background
A. City and MPS have determined that it is in each of their best interests to
increase police services at the Muskegon High School ("MHS").
B. City has agreed to provide a police officer to MPS to be on patrol at MHS.
At all times the officer assigned to work at MHS shall be a City police officer and, as
such, an employee.
C. MPS has agreed to pay to the City one-half of the officer's annual salary
and benefits.
It is therefore agreed:
1. Officer. City shall provide a police officer to be on patrol at MHS during
MHS's published academic calendar year, commencing August of2005 (which shall not
include any published vacation days or summer school sessions). The officer shall be
present at MHS during hours which are mutually agreeable between the City and MPS,
but which is anticipated to be approximately 950 hours in a calendar year.
2. Payment. MPS shall pay $2,500 on the first day of each month
commencing September 1, 2005.
3. Term; Termination. The term of this Agreement shall be for one year
from its effective date, and may be renewed annually by mutual agreement no later than
30 days before the end of the current term. This Agreement may be terminated before the
end of its term by subsequent written agreement, which shall be signed by both parties.
0:\POLICE\KleibeckenMuskegon PS Resouro: Officer Agreement. DOC
4. Venue. The parties agree that for purposes of any dispute in connection
with this agreement, the Muskegon County Circuit Court shall have exclusive jurisdiction
and venue.
Muskegon Public Schools
By:&~ eta~
Name: Charles w. Poole
Title: Preside t
Name: wn iam
1~9:.;-/,'- '5'- -'-'- '- ->'- - '-~'<" '-,'" "~'!Afo
:;t'"'e:'----'-'--9-'-'/
H.
:;te: ti:-Q~~
}'-\Name: Gail A.
0
: o
Kundi~
Title: Secretary Title: Clerk
Date: 9/19/05 Date: 9-,;; ,y- os=-
0:\POLJCE\K.IeibeckenMuskegon PS Resource Officer Atveement.IXX:
City Commission Meeting
Tuesday, September 27, 2005
To: Honorable Mayor and City Commissioners
From: Anthony L. Kleibecker, Public Safety Director
Date: September 21, 2005
Subject: Towing Service and Storage of Impounded Vehicles
Summary of Request:
Bids were solicited and have been accepted for the towing services and storage of
impounded vehicles for the City of Muskegon's Police and Public Works Departments.
This bid covers a three-year contract beginning September 1, 2005- August 31, 2008.
Two companies submitted bids. They were (1) Central Towing, 710 Pulaski and (2)
Reliable Towing, Inc, 1288 9th St. A copy of the bid solicitation is attached along with
the bids received from each company.
Financial Impact:
None.
Budget Action Required:
None.
Staff Recommendations:
Based upon the bid proposals, we recommend that Central Towing be awarded this
contract.
SEEKING BIDS FOR TOWING, IMPOUND AND STORAGE FACILITY
Sealed bids will be received at the Office of the City Clerk, Post Office Box 536, Muskegon MI
49443-0536 until 2:00pm on Tuesday, September 6, 2005 for the furnishing of a company to do
the towing, impounding and providing storage of same for the City of Muskegon Police and
Public Works Departments, according to specifications available at the Office of the City Clerk.
The City of Muskegon reserves the right to accept or reject any of all bids that appear to be in the
best interest of the City of Muskegon.
Bids shall be marked "Towing Service" and shall be submitted on the proposal form provided in
the bid specifications. Bids not submitted on the proposal forms will not be considered.
Postmarks will not be considered having met the deadline requirement.
BID PROPOSAL
TOWING SERVICE AND STORAGE OF AN IMPOUNDED VEIDCLE
WITHIN THE CORPORATE LIMITS OF THE CITY OF MUSKEGON
September I, 2005 thru September I, 2006 thru September I, 2007 thru
Augsut 31, 2006 Augsut 31, 2007 Augsut 31, 2008
Towing to
impound facility
.!15'{)00 JJ 5() oo .ft so-oo
September I, 2005 thru September 1, 2006 thru September I, 2007 thru
Augsut 31, 2006 Augsut 31, 2007 Augsut 31,2008
Storage per day
at facility
JJ
10 .oo :Ii !0 oo .1110 .oo
September I, 2005 thru September 1, 2006 thru September 1, 2007 thru
August 31, 2006 August 31, 2007 August 31,2008
Moped storage
11 (ou f-l j- [l L) fo .
I .00
per day
September 1, 2005 thru September 1, 2006 thru September I, 2007 thru
August 31, 2006 August 31,2007 August 31, 2008
Towing of city
vehicles to Muskegon
locales (i.e. DPW, ~\c. 00
MPD, dealerships)
September 1, 2005 thru September I, 2006 thru September 1, 2007 thru
August 31, 2006 August 31, 2007 August 31, 2008
Same as above for
city vehicles 15 to 50
i\.
d ~-/) 0 ~~ .;J so·2l ~ '_) c
C;;} ::._").
oo
tons
September I, 2005 thru September I, 2006 thru September 1, 2007 thru
August 31, 2006 August 31, 2007 August 31, 2008
City vehicle flat
tire change/exchange
(DPW heavy equip- \\, c- ou
ment exempt) __0=-·----
Dated: Bidder:
Representing: --=:::C--e~11.:..:.-ht_(:l~/_:..:O:...!.W~12jl.l4----
Centra[ Towing
:/()Pulaski ,Ire.
Mmkegon Ali -!9-!-!1
Pho11e (231) 7 15-3708
Fox (23!} !193-li0-!3
August 30, 2005
City of Muskegon
Post Office Box 536
Muskegon, Mi 49443-0536
Dear City ofMuskegon Commissioners,
As the owner of Central Towing !would like to highlight some of the things
our towing company has to offir the city above and beyond what is required
in regards to the open bidfor the towing contract. We have recently
purchased a new 400x60 facility. This provides us with ample indoor
storage in a heated garage that is well/it. The property is 5 acres which
leaves room for expansion should the need arise with the new abandoned
vehicle laws. We also have enough parking space on our property to hold
auction vehicles so they can remain on our property as opposed to being put
out on a city street after the sale. The storage yard is surrounded by a solid
fence so it is not an eyesore to ac(joining properties or motorist passing by.
The storage yard is also well/it and is monitored by a 10 camera security
system to control theft and vandalism of any vehicles in our possession.
The drivers at Central Towing have been with the company for many years
and are familiar with the city requirements and duties for the impounding
and recovery of vehicles. These drivers are also knowledgeable and licensed
to operate our Heavy Duty semi wrecker which is the largest heavy duty
underlifl in the county ofMuskegon. We also have a loader and dump
trucks that are available to us if needed for recovery work.
Sincerely&t:,
Q 1~~
EdHiggi ,
Centra[ ToTving
7 I{) Pllln~)ri ,h,r>
Muskcf!0/1, Mi -/94-1 I
Phone (23Ii 755-3708
Fax (23]) 893-60-/3
September 26, 2005
City of Muskegon
Post Office Box 536
Muskegon, Mi 49443-0536
Dear City ofMuskegon Commissioners,
As the owner of Central Towing I would like to highlight some of the things
our towing company has to offer the city above and beyond what is required
in regards to the open bid for the towing contract. We have recently
purchased a new 400x60 facility. This provides us with ample indoor
storage in a heated garage that is well/it. The property is 5 acres which
leaves room for expansion should the need arise with the new abandoned
vehicle laws. We also have enough parking space on our property to hold
auction vehicles so they can remain on our property as opposed to being put
out on a city street after the sale. The storage yard is surrounded by a solid
fence so it is not an eyesore to adjoining properties or motorist passing by.
The storage yard is also well/it and is monitored by a I 0 camera security
system to control theft and vandalism of any vehicles in our possession.
The drivers at Central Towing have been with the company for many years
and are familiar with the city requirements and duties for the impounding
and recovery of vehicles. These drivers are also knowledgeable and licensed
to operate our Heavy Duty semi wrecker which is the largest heavy duty
underlift in the county of Muskegon. We also have a loader and dump
trucks that are available to us if needed for recovery work.
Sincerely,
Ed Higgins, Owner
BID PROPOSAL
TOWING SERVICE AND STORAGE OF AN IMPOUNDED VEHICLE
WITHIN THE CORPORATE LIMITS OF THE CITY OF MUSKEGON
September I, 2005 thru September I, 2005 thru September I, 2005 thru
Augsut 31, 2008 Augsut 31, 2008 Augsut 31, 2008
Towing to
impound facility $;SO,- iDs.::; £LeO
September I, 2005 thru September I, 2005 thru September I, 2005 thru
Augsut 31, 2008 Augsut 31, 2008 Augsut 31, 2008
Storage per day
at facility ~ 1'3, ~ f/1,-, s
September I, 2005 thru September I, 2005 thru September I, 2005 thru
August 31, 2008 August 31, 2008 August 31, 2008
Moped storage 1£,· ~ 5.-
per day 5.- $ 5.·-
September I, 2005 thru September I, 2005 thru September I, 2005 thru
August 31, 2008 August 31, 2008 August 31,2008
Towing of city
vehicles to Muskegon
locales (i.e. DPW, fj
MPD, dealerships) I Lj . -
September I, 2005 thru September I, 2005 thru September I, 2005 thru
August 31, 2008 August 31, 2008 August 31, 2008
Same as above for
city vehicles 15 to 50 rQ;so.- .t;50 . 4so.-
tons
September I, 2005 thru September I, 2005 thru September I, 2005 thru
August 31, 2008 August 31, 2008 August 31,2008
City vehicle flat
tire change/exchange
(DPW heavy equip-
ment exempt) 0·- -0-
Dated: Bidder:
REliABLE TOWING, INC~
1288 Ninth Street • Muskegon, Michigan 49440 • Phone 231.722.1309 • Fax 231.725.82 73
September 6, 2005
City of Muskegon Police Department
Muskegon City Commission
980 Jefferson Street
Muskegon MI 49440
Attn: Chief of Police Anthony Kleibecker & Staff
We'd like to thank you for once again allowing us the opportunity to participate in
the bidding process for the towing contract for the City of Muskegon and update
our business information.
Reliable Towing has been in business for 53 years and under .the owner:ship of
Thomas Olsen for the past 23 years. Our truck fleet now consists of seven regular
wreckers; one flatbed; and two heavy-duty wreckers (one of which has an under-
reach) which are capable of towing tractor trailers, garbage packers, etc.
Along with the attached bid sheet, we would like to offer the following proposal:
To help the City offset expenses incurred at our auctions; we are proposing to
reimburse the City 5% of the total revenue we receive from all impounded auction
vehicles, minus any overages. This will amount to approximate.ly $3,500 to $4,000
each year.
Thank you again.for your consideration,
Sincer~ /');J
·-/-;ftrHa:nJ 74(·(~_/'l'/c-.
Thomas M. Olsen, Owner
Reliable Towing, Inc.
kso
Attachments
;:,..?o-ds o~b:d~ '&2~ 0~
~J"- ~ f-Ld< ..'(-e_v- :' LAd-e_ v~;o o~£-s
'J- /- dOOS"~'-' ?f - I ·- ~oa & t-Avw. q - I-- .;2 oo '? tKv..
s·-31- .;;oc(.. g- 3' I - ;loo 7 j> - ] (- ~O<>P
l$j;;2S";- $;,;;;.s:- L/ .;;LS:: -
DATE: September 20, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-030012
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1516 Hoyt is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN-030012- 1516 Hoyt Street
Location and ownership: This structure is located on Hoyt between E. Southern
and E. Grand and is owned by Flagstar Bank, 5151 Corporate Dr., Troy, Ml
48084.
Staff Correspondence: A dangerous building inspection was conducted on
05/16/05. The Notice and Order to Repair was issued on 06/01/05. On 07/13/05
the HBA declared the structure substandard and dangerous. There was a report
of fire on 07/27/05.
Owner Contact: There has been no owner contact.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $27,000
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 27, 2005.
C:\Documents and Settings\Potter\Local SettingsU:emporary Internet Files'OLKIA\AGENDA ~ 1516 Hoyt. doc page 1 of 1
Thursday, August 11, 2005
DANGEROUS BUILDING
INTERIOR INSPECTION REPORT
Enforcement# EN030012 1516HOYT ST 24-205-281-0001-00
Owner INGALLS TONYA
Inspection Type: Dang Building Inspector: Henry Faltinowski
Date completed: 05/16/2005
DEFECENCIES:
Uncorrected
1. Finish siding on home.
2. Open - missing windows.
3. Repair all foundation wall and damage.
4. Exterior porches must be repaired to code - unstable structually failing. Provide proper
guardrails, handrails, and stairs to code.
5. Scrape and paint all exposed loose chipping paint on siding.
Request interior inspection by all trades, electrical, mechanical and plumbing. Please
contact Inspection Services with any questions or to schedule an inspection at (231) 724
6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
OSCOOOlO.JPG OSCOOOll.Jf'G
\
DSC00032.JPG OSCOOOll.JPG .
DSCOOO.l,.JPG
OSCOOOJ8.JPG
;:::/0
OSC00040.JPG OSCOOo.ti.JPG
AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
Press's LLC.
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of ); (an individual trading as _ __
:-:--:----:-:-:-:-:---); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1516 Hoyt as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $4050.00.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
By: -----LA
--~.--~
<. Ld::! . .()-----'
t. . !. ~
~ f2~tj~=:::---'-'-(-----IJ"f1"""1.-<.M"-=---
Printed name and title
ATTEST:
~&a
L cl
.~
/o tft>/
q
~ aL~
I '/J
d
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the ---=
~ ~E.-
=--------
of the Corporation named as contractor herein;
, who signed this Agreement on behalf of the
Contractor, was then--rf2~'A
a_.o;:;.({;:J
L.___ _ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed :
.. 1=--=cs~w-
(CORPORATE SEAL)
~e~~~e ~~ctfftle ~
DATE: September 20, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050098
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
350 Allen- AREA 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-050098- 350 Allen
Location and ownership: This structure is located on Allen between Wood St and
Emerald and is owned by Steven/Amy Kelly.
Staff Correspondence: A dangerous building inspection was conducted on
03/28/05. The Notice and Order to Repair was issued on 04/19/05. On 07/13/05
the HBA declared the structure substandard and dangerous.
Owner Contact: There has been no owner contact. Notices have been returned
unclaimed from post office. An electrical permit was issued 02/04/03 and expired
08/03/03 to replace wiring. No inspections have been scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $25,000
Estimated cost to repair: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 27, 2005.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA 350 Allen.doc
M page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION ·
REPORT
Tuesday, September 20, 2005
Enforcement# EN050098 Property Address 350 ALLEN AVE
Parcel #24-205-211-0008-00 Owner KELLY STEVEN R/AMY S
Inspector: Henry Faltinowski
Date completed: 03/28/2005
DEFICENCIES:
Uncorrected
1. All permits have expired on home.
2. Numerous broken out windows, home boarded.
3. Project has been abandoned.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
Press's LLC.
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of ); (an individual trading as _ __
________ ); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 350 Allen as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $3750.00.
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
BY: /J/4t7 ,~ ~f JW-0
Printed name and titlE!
ATTEST:
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the -=S.t
: =: : . :. c>"
- '---------
of the Corporation named as contractor herein ;
, who signed this Agreement on behalf of the
Contractor, was then--=P~~bi'tn
.....___ _ _ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
d~ C}!1fv
(CORPORATE SEAL) '//:) &{M, I 5:r~ f Sec_
Printed Nafne an ~·itle
DATE: September 20, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040053 Address:
291 Washington. Case Tabled 03/22/05
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
291 Washington -Area 1Ob is unsafe, substandard, a public nuisance and that
it be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-040053 - 291 Washington
Location and ownership: This structure is located on Washington between Sixth
St. and Seventh St. and is owned by WillieNerlene Holden, 580 E. Delano,
Muskegon, Ml49444
Staff Correspondence: A dangerous building inspection was conducted on
05/06/04 and an interior inspection on 08/02/04 the notice and order to repair
was issued on 05/07/04. On 08/05/04 the HBA declared the structure
substandard and dangerous. On 03/22/04 City Commission tabled case.
Owner Contact: Mr. Holden was present to represent this case. He stated he
lives at 291 Washington and can start repairs in 30 days. He was given a copy
of the interior inspection that was conducted earlier in the week at the HBA
meeting. Case scheduled before commission on 03/22/04. Mr. Holden appeared
before Commission stating he had been ill but had plans to complete repairs.
Commission tabled. There have been no permits issued or inspections
scheduled and no owner contact since that time.
Financiallmpact: CDBG
Budget action required: None
State Equalized value: $13,300
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 27, 2005.
C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA -291 Washington(2).doc page I of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
291 Washington
(INTERIOR INSPECTION)
8/2/04
Inspection noted:
1. Service- romex not run through fittings.
2. Circuits not fused.
3. Bonding jumper is missing.
4. Metal covers not grounded.
5. Kitchen to be wired per Michigan Residential Code 2003.
6. Smoke detectors required per Michigan Residential Code 2003.
7. Closet light improperly wired (needs new fixtures).
8. Repair front concrete steps.
9. Side deck needs repair/replacement.
10. Interior soffit (already installed) requires permit.
11. Sister cut floor joist in basement.
12. Replace all structural damage on roof and back wall section to meet
Michigan Residential Code 2003.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\291 Washington.doc
......................
OSCC0813.JPG OSCOOI14.JPG
OSC00815.JI"G OSC00816.JPG
2!1 We&hington
OSC00812.JPG
DATE: September 20, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-050100
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
769 Washington -Area 12 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-0501 00- 769 Washington
Location and ownership: This structure is located on Washington between Henry
and Beidler Streets and owned by Francisco Galindo, 1873 Whitehall Rd,
Muskegon, Ml 49445 on land contract with a Victor J. Rockafellow of 1450
Leahy, Muskegon, Ml49442.
Staff Correspondence: A dangerous building inspection was conducted on
04/22/04. The Notice and Order to Repair was issued on 05/04/04. An interior
inspection conducted on 05/28/04. On 05/05/05 the HBA tabled case for 30 days
to allow owner to provide a time-line for repairs and schedule inspections. Case
brought back to HBA 06/02/05 and was declared dangerous, substandard and a
public nuisance with a 30 day delay before sending to commission.
Owner Contact: Victor Rockafellow was present for the HBA 05/05/05 meeting.
He stated he had put in a new foundation and purchased new windows and was
unaware that permits had expired. He said his plan was to install vinyl siding this
summer but all repairs would take about a year because of limited time and
resources. Henry Faltinowski stated only one inspection had been done and
there had been no contact with owner since that time and added a timeline
should have been set to complete repairs. Case came back before HBA 06/02/05
and Mr. Rockafellow was present. Henry Faltinowski stated all three trade
inspectors went out 05/12/05 and an report was sent out of all repairs needed.
He stated Mr. Rockafellow needs to provide a time line if he wants to invest the
money because repairs are extensive. Nick Kroes asked based on the inspection
report how long would it take to resolve these issues. Mr. Rockafellow stated it
would take about 1 year, he could get the exterior done this summer and he's
trying to line up a plummer. There has been no contact from Mr. Rockafellow
since that time and the structure was sold on land contract 06/20/05 to a
Francisco Galindo who was sent all notices and inspections 08/17/05. Mr.
Galindo made note of the dangerous building status at a progress inspection for
another dangerous building he owns at 775 Washington but has not provided a
timeline for repairs and no permits have been issued.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA -769 Washington.doc page 1 of2
Financial Impact: General Fund
Budget action required: None
State Equalized value: $34,800
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 27, 2005.
C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA -769 Washington.doc page 2 of 2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Tuesday, September 20, 2005
Enforcement# EN0501 00 Property Address 769 WASHINGTON AVE
Parcel #24-205-412-0004-00 Owner ROCKAFELLOW VICTOR J
Inspector: Henry Faltinowski
Date completed: 05/12/2005
DEFICENCIES:
Uncorrected
1. Steel boxes to bonded properly.
2. White ungrounded conductors to be re-identified.
3. Smoke alarm box in rear entry to be located properly.
4. Outlet boxes to be within 1/4" of non-combustible surface.
5. Dishwasher not to be on small appliance branch circuit.
6. Need plug by middle bedroom door
7. Check kitchen/dining room plug layout.
8. Need laundry outlet.
9. Fire stop verticle holes.
10. Rough in is about 75% done.
11. Furnace gas line should have drop leg.
12. Bathroom intact - no vent fan.
13. Clean ductwork and support.
14. Hot water heater needs to be replaced with a tankless hot water heater.
15. Hose clamp on gas line going to gas meter will need access opening
for
shower valve.
16. Plumb to Mich 2003 Plumb Code.
17. Replace furnace vent.
18. Outside faucet to have a vacuum breaker.
Uncorrected
1. All framing headers on bearing must meet MRC 2003 requirement - See
attached sheet.
2. Bowed out walls must be repaired.
3. Foundation wall and plate must be attached -1/2" anchor bolts 1 -foot
of corners every 6ft on center or approved sill straps.
4. All framing of walls, joists, rafters must meet code 2003 MRC
5. Windows must meet section R613.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
765 Washington
4122104
Inspection noted:
1. Foundation wall repair needed around entire perimeter.
2. Replace, scrape- paint all damaged siding - entire perimeter.
3. Scrape & paint - repair all window frames.
4. Replace damaged back porch.
5. Replace broken glass.
6. Structural damage to roof- provide rafter investigation.
7. Remove collapsing shed.
8. All handrails, guardrails must meet Michigan Residential Code 2003.
9. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
10. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\765-769
Washington.doc
\ \
)) ~ l
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH RECEIVED
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
SEP 0 1 2005
Lansing, MI 48909-7505
MUSKEGON
CITY MANAGER'S OFFICE
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501{2) and MAC 1105(2)(d))
Req ID: 316345
Date: August 16, 2005
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: IORDACHE HOLDINGS, INC.
Home Address And Phone No:
CATALIN V. IORDACHE, 426 EAST CIRCLE DRIVE, NORTH MUSKEGON, Ml49445
H(231 )744-9217/8(231 )638-2654
DANIELA. IORDACHE, 426 EAST CIRCLE DRIVE, NORTH MUSKEGON, Ml 49445 H&B(231 )744-9217
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/!7
4880-1234
September 27, 2005
Iordache Holdings, Inc.
426 East Circle Drive
North Muskegon, MI 49445
Dear Catalin and Daniela Iordache:
This letter is to inform you that your request to transfer ownership of the 2005
Class C licensed business, with Dance-Entertainment Permit from Ashley-
Chandler, Ltd., and PKT Twelve, Inc. located at 413-415 W. Western Avenue,
will be presented to the City Commission on September 27, 2005. This meeting
begins at 5:30 p.m. and is located in the City Commission Chambers, 933
Terrace, Muskegon, MI.
This request has also been sent to the Nelson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
business' who are located there.
Sincerely,
Linda Potter
Deputy Clerk
Affirmatln Ac!lon
(231)724~6703
FAX: (231}721.-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726--5181
Cemetery Department
(231)724~6783
FAX: (231)726--5617
City Manager
(231)724~6724
FAX: (231)722-1214
CtvU Service
{231)724~6716
FAX: {231)7244405 September 23, 2005
Clerk
(131)724-6705
FAX: (231)7244178
Community and Commissioner Spataro, President
Neigh. Services
(231)724-6717 Nelson Neighborhood Assoc.
FAX: (231)72&.2501
1567 Sixth Street
Computer Info. 11uskegon,11I 49441
Systems
(231)724-6744
FAX: (231)722-4301 Dear Larry:
Engineering Dept.
(231)724~6707 We have received a letter from the Liquor Control Commission reference a
FAX: (231)727-6904
request from Iordache Holdings, Inc., to transfer ownership of the 2005 Class C
Finance Dept.
(231)724-6713
licensed business with Dance Entertainment Permit from Ashley-Chandler, Ltd.,
FAX: (231)724~6768 and PKT Twelve, Inc. located at 413-415 W. Western Avenue (City Cafe). A
Fire Department
Class C license permits the sale of beer, wine, or liquor for consumption on the
(231 )724~6792 licensed premises. On Tuesday, September 27, 2005, the City Commission will
FAX: (231)724-6985
review this request and determine whether or not it should be recommended for
Income Tax approval.
(231)724-6770
FAX: (231)724-6768
You are being sent this notice because the City Commission would like to know
Inspection Services
(231)724~6715 how the Neighborhood Association feels and would appreciate any comments that
FAX: (231)728-4371
they may have. You may send these comments to 933 Terrace, 11uskegon, 11I
Leisure Services 49440 or attend the City Commission 11eeting on September 27, 2005, at 5:30
(231 )724-6704
FAX: (231)724~1196 p.m. in the Commission Chambers.
Mayor's Office
(231)724-6701 If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)722~1214
Planning/Zoning Sincerely,
(231 )724~6702
FAX: (231)724-6790
Pollee Deptartment
(231)724~6750
FAX: (231)722~5140 Linda Potter
Publlc Works Dept. Deputy Clerk
(231}724-41 00
FAX: (231)722-4188
Treasurer's Office
(231 }724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
www .shorelinecity .com
Affirmative Action
(231)724-6703
FAX: (231)722Ml214
Ass essor/Equalizatlon
(231)724-6708
FAX: (231)726M5l81
Cemetery Department
(231)724M6783
FAX: (231)726-5617
City Manager
(231)724~6724
West Michigan's Shordin(' City
FAX: (231}722-1214
Civil Service
(23 1)724M6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178 October 12, 2005
Co~munlty and
Neigh. Services
(231 )724M67 J 7
FAX: (231)726-2501
Computer Info.
Liquor Control Commission
Systems 7150 Harris
(23 1 )724-6744
FAX: (231)722-4301 POBox 30005
Lansing, MI 48909-7505
Engineering Dept.
(231}724-6707
FAX: (231)727-6904 REF: #316345
Finance Dept. Iordache Holdings, Inc.
(231)724-6713
FAX: {231)724-6768
413-415 W. Western
Muskegon,MI 49440
F1re Department
(23 1 )724-6792
FAX: (l31)724M6985 To Whom It May Concern:
Income Tax
(23 1 )724-6770
FAX: {231)724-6768
Enclosed is the Resolution, form LC-1800, Local Law Enforcement Agency
Report, and print cards and check for Iordache Holdings, Inc. This was
Inspection Services
(231)724-6715
recommended for approval at the September 27, 2005, City Commission Meeting.
FAX: (231)728-4371
Leisure Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Office
(23 I )724-6701
FAX: (231)722-1214
Planning/Zoning
(231 )724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Police Deptartment
(231)724~6750
FAX: (231)722-5140 enc.
Public Works Dept.
(231 )724-41 00
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Date: September 27, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Linne Lodge #57
3132 Lakeshore Drive
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Linne Lodge #57, Independent
Order of Vikings to add New Outdoor Service (1 area) to be held in
conjunction with their 2005 Club licensed business with Dance Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
R
SEP - 6 2005
MIJSKEGOI~ POUCt DEPT
CHIEF of POLICE
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 9-6-05
Re: Liquor License Request
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Linne Lodge #57, Independent
Order of Vikings, Inc. of3132 Lakeshore Dr., Muskegon, MI. 49441.
Linne Lodge #57 is requesting to requesting to add New Outdoor Service (1 area), in
conjunction with 2005 Club licensed business, with Dance Permit located at the above
address. The Michigan Liquor Control Commission Licensing Division does not need a
local commission resolution for this request and requires only the attached LC-1636 to be
signed and returned.
A check ofMPD records shows no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/liquor/Vikings#57
INCIDENT LIST :
Agcy Case # Offense Rpt Date Location
MUPD 1 996 - 015029 - A PRIV . PROP. HIT 06/24/1996 3132 LAKESHORE DR
MUPD 1996 - 015503 - I GENERAL NON - CRI 06/28/1996 3132 LAKESHORE
MUPD 1997 - 026319-I GENERAL ASSISTA 10/14 /1997 3132 LAKESHORE BLVD
MUPD 1998 - 012928-I SERVICE CALL 05/30/1998 3 132 LAKESHORE
MUPD 1998 - 03341 4 - I BURGLARY-FORCED 12/28/1998 3132 LAKE SHORE
MUPD 1999 - 034936-I RECKLESS DRIVI N 12/23/1999 3132 LAKESHORE
MUPD 2000-00 4201-A TRAFF IC ACCIDEN 02/18/2000 3132 LAKESHORE DR/EDGEWATER
MUPD 2000-007577-I STOPPING/STANDI 03/24/2000 3132 LAKESHORE
MUPD 2001 - 004003-I LARCENY - THEFT 02/24/2001 3132 LAKESHORE
MUPD 200 1 - 004198-I MINOR HIT & RUN 02/27/2001 3132 LAKESHORE DR
MUPD 2001 - 005757 - I SUSPICIOUS SITU 03/20/2001 3132 LAKESHORE
MUPD 2001 - 015744 - I SUSPICIOUS SITU 06/29/200 1 3 1 32 LAKESHORE DR
MUPD 2001 - 017389 - I LARCENY - OTHER 07/13/200 1 3132 LAKESHORE DR
MUPD 2001-018 1 08-I LARCENY - OTHER 07/20/200 1 3 132 LAKESHORE DR
MUPD 2002 - 00 11 08-I DAMAGE TO PROPE 01/16/2002 3132 LAKESHORE DR
MUPD 2002-020 1 24-I SUSPICIOUS SITU 08/24/20...Q2 3 132 LAKESHORE DR · L ,uJ P41v'r)
MUPD 2002 - 027669-I DAMAGE TO PROPE 11/17/2002 3132 LAKESHORE DR
MUPD 2002-030878 - I LARCENY - THEFT 12/31/2002 3132 LAKESHORE DR
MUPD 2002 - 030879 -I LARCENY - THEFT 12/31/2002 3132 LAKESHORE DR
MUPD 2002 - 030877 - I LARCENY - THEFT 12/31/2002 3132 LAKESHORE DR
MUPD 2003 - 001553- I LARCENY - THEFT 01/ 22/2003 3 1 32 LAKESHORE DR
MUPD 2003 - 006280 -A TRAFFIC ACCIDEN 03/27/2003 3132 LAKESHORE DR / EDGEWATER
MUPD 2004 - 028858- I UNAUTHORIZ ED DU 1 2/15/2004 3 132 LAKESHORE DR
MUPD 2005-0193 14 -I DAMAGE TO PROPE 08/25/2005 3132 LAKESHORE DR
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2005-BB(c)
Ata Regular meeting of the --~C-=i-=t:..cy:--:-c,_o.,....m_m.,...l""'.s_s-:-ci,.o_n-::---:::------
(Regular or Sprcial) <Township Board, Cil)· or Village Council)
~a,rmington
called to order by Mayor on September 27, 2005 at
- -5:30
- - - P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Spataro
That the request from
Linne Lodge #57 Independent Order of Vikings, Inc., to add New Outdoor
Service (1 Area), in conjunction with 2005 Club licensed business, with
Dance Permit, located at 3132 Lakeshore, Muskegon, MI 49441, in Muskegon
County
be considered for Approval
-~~-------~~~~~------------------
{Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
-------------=(R-rco-m-me-nd~ed,_o-rn-oi~R~-
·o-mm-e~nd-ed-)- - - - - - - - - - - - - - - - - -
State of Michigan _ _ _ _ _)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission R_e_g_u_l_a~r~~~,.-----------
ata ____
{Township Board, Cily or Village Council) <Regular or Special)
meeting held on September 27., 2005.
(Da~e)
SEAL (Signed)
, ,
~ 0. (TownthiP,aP'Y of Viii
Gall A. Kund1nger, MML
933 Terrace, Muskegon, MI 49440
(Mailing address or Township, Ci1y or Village)
..?1&533
' '
Michigan Department of Labor & Economic Growth Cj · 2 -os
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
VZM'
7150 Harris Drive , P.O. Box 30005 - Lansing, Michigan 48909-7505
LAW ENFORCEMENT RECOMMENDATION
(MCL 436.1501)
August 17, 2005
TO: Muskegon Police Department RE: Linne Lodge# 57
Chief of Police Independent Order of Vikings, Inc.
980 Jefferson Street 3132 Lakeshore·
P.O. Box 536 Muskegon, Ml 49441
Muskegon, MI 49443-0536 Request I. D. # 316533
Contact: Dave Jensen (231) 780-2814
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation and
submit your report and/or recommendation, as requested below, to the offices of the Liquor Control Commission at the above
address . Questions about this request should be directed to the MLCC Licensing Division at (517) 322-1400.
D
OFFICIAL PERMIT FOR EXTENDED Two copies of Form LC 1112 will be left with you, the upper
HOURS OF OPERATION FOR portions already executed. Indicate your recommendation and
return one copy to the Commission, retaining the other.
(Authorized by MAC R436. 1403)
D
LIVING QUARTERS Indicate your recommendation on the bottom of this letter and
return one copy to the Commission.
(Authorized by MCL 436.12 17 and 436. 1201)
X Request to Add New Outdoor Service ( I Area), in conjunction with 2005 Club licensed business, with Dance Permit, located at
the above address, in Muskegon County.
Reconunendation: (Recommended I Wt>t-reeomOiended) - - - - - - - - - - - - -- - - - - -- -- - -- -
S igned : )C.. G=: L ~ t ~.D _Q .. -~
Signature and Title
Date: 9 - C. - 0 ~
rim
LC-1636 Rev. 10/99
4880-1934
LIQUOR LICE?'ifSE REVIE\V FORl"\1
AKA Business Name (if applicable): LJsaeaJt'af Oclf'r 4 /' i:t/7-.J
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address: .JJJ:Z
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other +.;;;,;; r /o qJJ !11; W Oii.tr:&Q/ .sc/'1/t c C.
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax ApprovedR Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature_~-----'----------------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICEi~ SE REVIE\V FOR1'1
Business Name: L/oa c. !ocf:,-v # SZ
7
AKA Business Name (if a p plica bI e): . . L=..c....o
. ...../....,mUJ...<.<a....cle.....,a'-<-f'--__,a=n....t:l-cl
. . .f'.Jr---I.LaJ-1_
- --lf-i;.:....L
/J: .L:..,-r.;
'as-,..._-.s..;:_
~ ?/
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - -
Business Address: .3/J:Z
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other __ ~~~~e~~4~s~T~~~~~~~jj~--~o~c=u/~~0~«~A~a{~o.~~~/--~S=~=/~~~~~c~c----------
Deadline for receipt of all information: - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
DepartmentSignatu~
&~
=:::'$;::;;;::;;~=======----rorr.;:AX
Please return to the City : ;~Eo::---:RECEiVED 0
Gail A. Kundinger,
Liquor License Coordinator SEP -9 2005
0 APPnOVEO POSTED Q
Cll'YOf ~lU KE
• GON J fiE:ASUtl't
LIQUOR LICE!~SE RE'\liE'V FORM
Business Name: L/oa c. !ovfrec # SZ
AKA Business Name (if a p plica b I e): .....L~:ld;!:" "~ -'- 7 _ i;lf..-:.-L;/f;.L:..,.;.,'p a4_y,;.J.;::..._
'~"'rJ:. <au.!le.L!a:.t. . f~- - .!:a~n. ~: ~ci:. .L. f'. t. . r- -LI. af-
Operator/Manager's Name: - -- - -- -- - -- - -- -- - - -
Business Address: .1/J:Z
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _~~~~e~~~~s~t-~m~-4~~&-V_~~~'~~~~O~«~D~a{~o.~~~c-~s~~~/~Y-~~~c~c----------
Deadline for receipt of all information: - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: ----
Treasurer Approved D Owing D Amount: _ _ __
Zoning J Approved !&(
.c .
Denied D Pending
?
ZBA D .
fJ 1'1 '-/ r -e.r L I"'!J 1>-> <1 -r .M ~ J c.- o.--u:-.5 Ife '1 v-r··-e .1~ e ,., 7J
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
RF. 0 r-l\/l :o
s p ( 2005
c.I I Y 'r,I.J,.t,Ll<lii\1
PLANNINC' Dt P/\111 MJ N
Department Signature~----------~~~·~-~~
4!/
~-~~~~-====~:~=--------
~a
~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
i ·-J--os-'
LIQlJOR LICEt~SE REVIE"\V FORl\1
AKA Business Name (if applicable): . . .J-~a""'4~m~a=d....l..;~"a:. .L.L. . f_-.::a=n~/,I. LI". L. r-"aJ. . I_.jJ. . i:.:. . l.l;f:. t. :.~-;.: &~=:. s-
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address: .3/Jr2
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information:
Public Safety Approved 0 Denied 0 No Action Needed D
Income Tax Approved 0 Owing 0 Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved D Denied 0 Pending ZBA 0
Clerk's Approved ~ Owing D Amount~
Fire/Inspections Approved 0 Denied D Remaining Defects D
Department Signature_ _ _ _..,.,~
i'-=;..,;__=:;.....__ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LI QU O I~ LIC E1~ S E REVIEVrl' FORl\1
Business Name: L/o12 c. lou{rv # SZ
AKA Business Name (if applicable): .....L~-4~
/Jt".a._. .cle.~r?. t_--=
. . . a.n"'-
. ., !t~"....r__.a....l'--7----4'i'-';;..L. Jjf;'~~!zt.._-.s
-'-; _
Operator/Manager's Name: - - -- -- - - - - -- -- -- - - -
Business Address: .3/JC:Z
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other 4 -ILC.l t lo fk!) LZJ:. W O«tcloo/ .so"t/; q :.
Deadline for receipt of all information: - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved 0 Owing 0 Amount:
Fire/Inspections Approved ~ Denied D Remaining Defects 0
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Business Name: L/oa c. locfrc:r # SZ
AKA Business Name (if applicable): ....L~-J,....,.aeU'-L.oin~cle.L.:a~f<--___,a=%1..~:::~~...~..~""'-r--"'a"'-/-.,_
i:://(
. .J. . .,_~:I;zr-;. ._:. :.s. . _
Operator/Manager's Name: - - - - - - - - - - - - - - - - - - -
Business Address: .3/32
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information:
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Cler.k 's Approved D Owing D Amount:
Fire/Inspections Approved% Denied D Remaining Defects D
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
An;rmaUve Action
{231}724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: {231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724 West Michigan's Shoreline Oty
FAX: (231)722-1214
Civil Senice
(231)724-6716 September 27, 2005
FAX: (231)7144405
Clerk
{231 )724-6705
FAX: (231)7244178
Linne Lodge #57
Community and
Neigh. Services
Independent Order of Vikings, Inc.
(231)724-6717 3132 Lakeshore Drive
FAX: (231)726-2501
11uskegon,11I 49441
Computer Inro.
Systems
(231)724-6744 Dear Sir:
FAX: (231)722-4301
Engineering Dept. This letter is to inform you that your request to add a new Outdoor Service (I
(231)724-6707
FAX: (231)727-6904 Area), to be held in conjunction with the 2005 Club licensed business, with Dance
Permit will be presented to the City Commission on September 27, 2005. This
Ftnan(e Dept.
(231)724-6713 meeting begins at 5:30p.m. and is located in the City Commission Chambers, 933
FAX: (231)724-6768 Terrace, 11uskegon, MI.
Ftre Department
(231)724-6792
FAX: (231)724-6985
This request has also been sent to the Beachwood/Bluffton Neighborhood
Association for their comments. It is Commission practice to let the
IncomeTn
(231 )724-6770 Neighborhood Association know of any liquor license requests that are located
FAX: (231)724-6768 within their boundaries. This allows for comments from the people who live there
Inspection Services and not just from the owners of the business' who are located there.
(231)724-6715
FAX: (231)728-4371
Sincerely,
Leisure Services
(231)724-6704
FAX: (231)724-1196
Mayor's Office
(23 1)724-6701 Linda Potter
FAX: (231)722-1214
Deputy Clerk
Planning/Zoning
(231 )724-6702
FAX: (231)724-6790
Pollee Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water DUling Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: {231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
(2.31)724-6703
FAX: (1:31)722·1214
Assessor/Equallzlltlon
(231}724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724·6724 W~t Michigan's Shoreline <:ILy
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)7244405 September 23, 2005
Clerk
(231)724-6705
FAX: (231)7244178
Community and Ms. Bonnie Witt, President
Neigh. Services
(231)724-6717 Beachwood/Bluffton Neigh. Assoc.
FAX: (231)726-2501
2261 Surfwood
Computer Info. Muskegon,MI 49441
Systems
(231)724-6744
FAX: {231)7224301 Dear Ms. Witt:
Engineering Dept.
(231)724-6707 We have received a letter from the Liquor Control Commission reference a
FAX: {231)727...(i904
request from Linne Lodge #57, Independent Order of Vikings to add New
Finance Dept.
(231)724-6713
Outdoor Service (I area) to be held in conjunction with their 2005 Club licensed
FAX: (231)724-6768 business with Dance Permit located at 3132 Lakeshore Drive. On Tuesday,
Fire Department
September 27, 2005, the City Commission will review this request and determine
(231)724-6792 whether or not it should be recommended for approval.
FAX: (231)724-6985
lncomeTn You are being sent this notice because the City Commission would like to know
{231)724-6770
FAX: (231)724...(i768 how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
Inspection Services
(231)724-6715 49440 or attend the City Commission Meeting on September 27,2005, at 5:30
FAX: (231)7284371
p.m. in the Commission Chambers.
Leisure Services
(231)724-6704
FAX: (231)724-1196 If you have any questions, please feel free to contact me at 724-6705.
Mayor's Office
(231)724-6701 Sincerely,
FAX: (231)7_22-1214
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Linda Potter
Pollee Deptartment
(231)724-6750 Deputy Clerk
FAX: {231)722-5140
Public Works Dept.
(231 )724-41 00
FAX: (231)7224188
Treasurer's Office
(231)724·6720
FAX: (231)724-6768
Water Billing Dept.
(23 1 )724-6718
FAX: (231)724-6768
Water Filtration
(231 )724-41 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
9-27-05
Received a call from Bonnie Witt, President of the Beachwood/Bluffton
Neighborhood Association reference the request from Linne Lodge #57,
Independent Order of Vikings to add a New Outdoor Services (1 area) to
be held in conjunction with their 2005 Club licensed business with Dance
Permit. Bonnie stated that no one has a problem with the request: but
that if they have music on the deck, it not be played after 10:00 p.m. or
10:30 p.m.
A mrmatlve Action
(231)724-6703
FAX: {231)722-1214
As sessor/Equ allzation
(231 )724-6708
FAX: (231)72&.5181
Cemetery Department
{231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178 October 12, 2005
Community and
Neigh. Services
{231)724-6717
FAX: (231)726-2501
Computer Info.
Liquor Control Commission
System! 7150 Harris
(231 )724-6744
FAX: (231)722-4301 PO Box 30005
Lansing, MI 48909-7505
Engineering Dept.
(231)724-6707
FAX: (231)727-6904 REF: #316533
Finance Dept. Linne Lodge #57
(231}724-6713
FAX: (231)724-6768
3132 Lakeshore
Muskegon,MI 49441
Fire Department
(231 )724-6792
FAX: (231)724-6985 To Whom It May Concern:
Income Tax
(231)724-6770
FAX: (231)724-6768
Enclosed is the Resolution and Law Enforcement Recommendation for Linne
Lodge #57. This was recommended for approval at the September 27, 2005, City
Inspection Services
(231)724-6715
Commission Meeting.
FAX: (231)728-4371
Ldsure Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231 }724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Pollee Deptartment
(231)724-6750
FAX: (231}722-5140 enc.
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231 )724-6718
FAX: (231)724-6768
Water Filtration
(231 )724-41 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Commission Meeting Date: September 27, 2005
Date: September 19, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cif::...
RE: Rezoning request for properties located at 3800 Bluff and
1260 Browne Streets
SUMMARY OF REQUEST:
Request to rezone properties located at 3800 Bluff and 1260 Browne Streets, from R-1, Single
Family Residential to OSR, Open Space Recreation.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 9/15 meeting. The
vote was unanimous in favor of the amendment, with B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approvc\2005 Approvals\3800 Bluff & 1260 1
Brownc.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 16 2
An ordinance to amend the zoning map of the City to provide for a zone chan~:e for certain
property from R-1 "Single Family Residential" to OSR "Open Space Recreation"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from R-1 "Single Family Residential" to OSR "Open Space
Recreation":
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 1 & 2 BLK 748 &
LAKE ST V AC ADJ TO LOT lALSO W 1/2 BROWNEST VAC N FROM S
LINE LOT 6 BLK 745 EXTENDED
And
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 4-5 & 6 BLK 745 &
LAKE ST VACATED ADJ TO SAID LOTS ALSO E 112 BROWNEST VAC N
FROM S LINE OF LOT 6 BLK 745
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nayes: None
Adoption Date: September 27, 2005
Effective Date: October 13, 2005
First Reading: September 27, 2005
Second Reading: __N_/_A_ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: __~~~~~~~~~~~
Gail A Kundinger, MMC, Cit
Clerk
CERTIFICATE (Rezoning of3800 Bluff and 1260 Browne Streets R-1 to OSR)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1tify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City ofMuskegon, at a regular meeting of the
City Commission on the 271h day of Septe'mber, 2005, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
::;:~: 9-~ g ,2005. ~ Q .~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 15, 2005
Hearing; Case 2005-30: Staff initiated request to rezone the properties located at 3800
Bluff and 1260 Browne Streets from R-1, One Family Residential to OSR, Open Space
Recreation.
BACKGROUND
Applicant: City of Muskegon
Property Address/Location 3800 Bluff Street and 1260 Browne Street
Reguest: Rezone from R-1, One Family Residential to OSR, Open
Space Recreation
Present Land Use: Naval Museum complex
Zoning: R-1, One Family Residential
STAFF OBSERVATIONS
1. These two parcels contain the Great Lakes Naval Museum and it's associated structures.
2. It appears that the museum has been operating without a special use permit in an R-1
zone since it first docked at the City property. It enjoys legal nonconforming status at
this time, but would like to expand.
3. What brought this situation to light were discussions regarding constructing a new
museum and consolidating everything into one building. Staff feels it would be best to
rezone the property at this time and then have the Museum apply for a Special Use
Permit.
4. The City's Master Plan Future Land Use Map shows this property at "Public/Quasi
Public".
5. The Master Plan also suggests that the Silversides should be moved to a downtown
location, however that doesn't look likely at any time in the future.
6. Staff has received no comments regarding this request.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\3800 Bluff & 1260 5
Browne.doc
City of Muskegon
Planning Commission
Case# 2005-30 & 31
IIIII• Sub)<ol~roporly(ie>)
O•HollooN ..
~·1 ~ SloQl•·F•ml~ R uldont~l
Ul ~ ~okolrool "'""'tloo
OSR ~ Opon Sp•oo Ro"ulloo
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\3800 Bluff & 1260 6
Browne.doc
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\3800 Bluff & 1260 7
Browne.doc
RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1 to OSR,
because the request conforms to the goals and recommendations of the 1997 Master Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
0:\Planning\COMMON\Zoning\City Con~nission Itcms\rezone\Approve\2005 Approvals\3800 Bluff & 1260 8
Browne.doc
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located at 3800 Bluff and 1260 Browne Streets
from R -1, One Family Residential district to OSR, Open Space Recreation district, as described
in the public notice, be recommended for (approval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of
compliance) with the intent of the City Master Land Use Plan and zoning district intent.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\3800 Bluff & 1260 9
Browne. doc
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 27, 2005, the City Commission of the City of
Muskegon adopted an ordinance amending the zoning map to provide for the change of
zoning of the following property from R-1 "Single Family Residential" to OSR, "Open
Space Recreation":
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 1 & 2 BLK 748 &
LAKE ST VAC ADJ TO LOT lALSO W 1/2 BROWNEST VAC N FROM S
LINE LOT 6 BLK 745 EXTENDED
And
CITY OF MUSKEGONREVISED PLAT OF 1903LOTS 4-5 & 6 BLK 745 &
LAKE ST VACATED ADJ TO SAID LOTS ALSO E 1/2 BROWNEST VAC N
FROM S LINE OF LOT 6 BLK 745
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office
of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during
regular business hours.
This ordinance amendment is effective ten days from the date ofthis publication.
Published Oc io be/' J , 2005 CITY OF MUSKEGON
By __________________________
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: March 252 2005
Date: September 19, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Zoning Ordinance Amendment to Article II (Definitions) of the
Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to amend the definitions for "Hotel" and "Motel".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the definitions for "Hotel" and
"Motel".
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 9/15 meeting. The
vote was unanimous in favor of the amendment, with B. Smith absent.
9/19/2005
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE N0.~3
An ordinance to amend Article II (Definitions) of the Zoning Ordinance to amend the
definitions for "Hotel" and "Motel".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) is hereby amended for the following definitions for "Hotel" and "Motel":
Deletions are erossea s11t and additions are bold.
Hotel: A building or part of a building, with a common entrance or entrances, in which lodging
is provided and offered to the public for compensation and which is open to transient guests
(as distinguished from a boarding house or lodging house, apartment hotel, fraternity or
sorority house) in Vihieh reeming units ai'C used primarily fer IJ'tmsient eeeupaney, and in which
one or more of the following services are offered:
1. Maid service.
2. Furnishing oflinen.
3. Telephone, secretarial, or desk service.
4. Room service.
A hate! may inelt~de A restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting
rooms may be located in the same building as a hotel.
Motel: A building or group of buildings, whether detached or in connecting units, llsea as inaiviooal
sle6jling 8f dwelling llllits eesignea primarily far tnmsient al!!srnsaile travelers ana provieing far
aeeesssry sff street parking fueilities. which shall provide for overnight or resort lodging and are
offered to the public for compensation, and shall cater primarily to the public traveling by
motor vehicle. The tenn motel shall include buildings designated as hotels, auto courts, tourist courts,
motor courts, motor hotel, and similar appellations which are designed as integrated units of individual
rooms under common ownership. A motel shall not be considered or construed to be a multiple family
dwelling.
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nayes:_N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: September 27, 2005
Effective Date:_ _ _ _o_c_to_b_e_r_l_3.:....,_2_0_0_5_ _ _ _ _ _ __
First Reading: _____
se_,p=--t_e_mbe_r_2_7...:.'. .-_2_00_5
:. _ _ _ _ _ __
Second Reading: _ _ ___:N/'-_
A _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: /i;LQ_
Gail A Kundinger, MMC, City
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of September, 2005, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certifY
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. J j
,
DATED: q/ 2._Cj 2005. ~ Q. ~
Gaif A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 27, 2005, the City Commission of the City of Muskegon adopted
an ordinance to amend Article II (Definitions) of the Zoning Ordinance to amend the definitions for
"Hotel" and "Motel".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Octoher ,3 , 2005 CITY OF MUSKEGON
By __~~~~~--~~~----
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
7
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 15, 2005
Hearing; Case 2005-33: Staff initiated request to amend Article II (Definitions) of the Zoning
Ordinance to amend the definitions for "Hotel" and "Motel".
BACKGROUND
Since the present definitions are rather broad, staff feels that some tightening of the requirements for hotels and
motels would be in the best interest of the City's Waterfront Marine districts. These changes would more clearly
state the intent of the definitions of a "hotel" or "motel".
NEW LANGUAGE
Deletions are erossed oHt and additions are bold.
Hotel: A building or part of a building, with a common entrance or entrances, in which lodging
is provided and offered to the public for compensation and which is open to transient guests
(as distinguished from a boarding house or lodging house, apartment hotel, fraternity or
sorority house) in which reeming units are usedprimarily for transient eeeupaney, and in which
one or more of the following services are offered:
1. Maid service.
2. Furnishing oflinen.
3. Telephone, secretarial, or desk service.
4. Room service.
A hotel may inelude A restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting
rooms may be located in the same building as a hotel.
Motel: A building or group of buildings, whether detached or in connecting units, used as irulividual
sleeping or c!welling ooits designee! primarily fur transient aHtomobile travelers anc! provicling fur
aeeessory off street parking faeilities. which shall provide for overnight or resort lodging and are
offered to the public for compensation, and shall cater primarily to the public traveling by
motor vehicle. The term motel shall include buildings designated as hotels, auto courts, tourist courts,
motor courts, motor hotel, and similar appellations which are designed as integrated units of individual
rooms under common ownership. A motel shall not be considered or construed to be a multiple family
dwelling.
City of Muskegon Planning Commission- 7115/04
DELIBERATION
I move that the amendment to Section 2501 (Creation and Membership), Article II (Definitions), of
the Zoning Ordinance to amend the definitions for "Hotel" and "Motel", be recommended to the City
Commission for (approval/denial).
City of Muskegon Planning Commission- 7/15/04
/, • t'1
Date: September 27,2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement By:
Muskegon Masonic Temple Association
SUMMARY OF REQUEST:
Muskegon Masonic Temple has requested your permission to upgrade the existing awning
at the entrance of the building. The awning will follow the same footprints as the existing
awning (built in 1972) and be installed by Muskegon Awning.
The new awning will extend over the sidewalk at 396 W. Clay Ave.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITIEE RECOMMENDATION:
Muskegon Masonic Temple
396 W. Clay Avenue
Muskegon,MI49440
231/722-2411
September 15, 2005
City of Muskegon
Engineering Department
933 Terrace Street
Muskegon,MI49441
RE: Request for Encroachment Agreement in conjunction with new awning project at
396 W. Clay Avenue
Dear Sir:
The Muskegon Masonic Temple desires to put in place a new awning to replace the
existing structure with the footprint the same as the existing awning. The new awning
would present an attractive and updated look to the entrance of the Masonic Temple
located at 396 West Clay Avenue. It is my understanding that we are required to put in
place an encroachment agreement with the city before any permits for the awning can be
issued.
Enclosed is the following:
• Encroachment Agreement signed by two members of the Board of
Directors of the Muskegon Masonic Temple Association: Ralph E. Frid
and Thomas F. Schultz
• A drawing rendered by Muskegon Awning ofthe new awning
• A certificate of additional insured naming the City of Muskegon from our
liability carrier
• Check in the amount of $100 for your requisite fee
• A photo of the existing structure which has been in place since 1972
Please advise if there is anything else required of the Muskegon Masonic Temple. It is
our understanding that both Muskegon Awning Company and Balasco Electric are fully
licensed and bonded contractors.
Diana L Coleman, Manager
Muskegon Masonic Temple
Enc.
Email: masonictemple@verizon.net
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this dl"A day of, SeplonJt'r 20
I
os-; by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
MLlSKcqon !A1aSV~ItTewp\ e Asxc. (hereinafter called LICENSEE).
RECITALS
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City of Muskegon, the encroachment being described a~
0- new -1-o rJJp\etC'L"-' .cus+~-~"9
ctluntng (lWVIIn§
C\.± 3 9 Lo W. CtCly Avenue
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
+hcd pox-
.
o.£ -\ hQ
.
[please insert a general description, and if required by the CITY, an accurate legal description]
c d '-/ S Ide LLJ ct l U..l k be r '
'
m
·h Dfl k' 0 u mo
I , f
cd- ,3CJ(p LU, CIC\y Luhere tuXT£11+ o.wntn~ 1S noLO·
3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
I. CITY does hereby grant unto LICENSEE the privilege of _ _ _ constructing,
___ installing, _ _ _ _ maintaining, _ _ _ repairing and perfom1ing all necessary functions
relating to the encroachment, and for that purpose to enter the property, for the term herein stated.
I
\\Muskdata\Data\ENGINEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Pennit.doc
This privilege shall be effective upon the issuance of an encroachment permit, which shall be issued
only after approval of this agreement by the City Commission and delivery to the CITY of the required
evidence of insurance coverages.
This grant is subject to the following special conditions: -~S.,_,e....,c."'-----"q"--"-f-<t--'a......._c_Lh__,_,_e-"Jl"-----
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
7weal<£- b "t-"e_ Dollars($ c?,('oo ), such payment to be made upon the signing
(7
of this agreement to be dated as of the cf17M day of Seoft'IJJ
I
ber 20 o.s-, to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to
terminate the first day of May, 2010 unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or
fines or awards brought against or charged to the CITY by any person, finn or corporation on account
of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE
related to the encroachment or this privilege. This indemnification obligation shall include all liabilities
for environmental damage or releases of hazardous substances subject to any governmental or third
party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated
substance under governmental law, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of
Michigan, naming CITY OF MUSKEGON as an additional insured on any such policy. LICENSEE
will file with
2
\\Muskdata\Data\ENGJNEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Permit doc
the CITY certificates or policies evidencing such insurance coverage. The insurance policies or
certificates shall provide that the CITY shall be given thirty days written notice before a cancellation or
change in coverage may occur. The types of coverage and coverage limits to be required shall be as
follows:
5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the
CITY a bond conforming with the requirements of any ordinance, and shall keep same in force during
the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
upon giving said LICENSEE __ days of written notice of such cancellation and revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in writing to the CITY _ _ _ days prior to such surrender; provided, however, that upon the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the
area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to
the CITY and in default thereof shall be liable to the CITY for any cost, damage or expense the CITY
may sustain in such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its
part to be perf01med hereunder, the privilege hereby granted shall immediately terminate and become
null and void.
3
\\Muskdata\Data\ENGINEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Permit.doc
9. This agreement shall be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witnesses:
And J;L_ Q' ~.d.:-
Gm/ d /rLIIJd~e r , Clerk
'
4
\\Muskdata\Data\ENGINEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Permit.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the awning and any
removal or relocation that becomes necessary to facilitate other public improvement
projects within said right of way (s).
2- Grantee will maintain, for the duration of this agreement, a valid insurance coverage
satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- The City and/or its agents are not responsible for any damage to the awning.
Please proof carefullyrorsizes, quantities, colors, spelling, position, dates, phone numbers. prQper logos, etc. Colors
dosplayed onlhis sheet are only approl<imate, but shoukl be spelled out We·r~ sorry, but we can't accept nny responsibility lrn- prool errors if copy
is approved. Work onlhis job begins when this artwork is given the sfgnalure of approval, and no sooner. Further changes may restJl( in changas in
the price. This artworlo; is the property of Muskegon Awning and may nnt be repnxluced wilhoutlhe e~pmssed permission of Muskegon Awning.
White Gr~hlos · \ IM "
1
SONIC TEMPLE
Please proof carefully fer slz&a, quantities, cclcrs. spelling, pcslllcn. dales, phone numbers, prop~r leges, ate. Cclcrs
dlspl!ly~den thls sheet are only approximate, but should be spelled cut. We're sorry, but we can~ accept any responslbllrty for proof errors II copy
Is approved. Work on thlsjcb begins when this artwork Is given the slgnab.lre of approval, and no &Qoner. Further changes may result in cMnges in
!he price. This artwork Is !he property of Mu5kegonAwnlng and m;~y not be reproduced without the expressed peiTI'IIsslon of Muskegon AWTiing,
SIGNATURE OF APPROVAL DATE-------------
DATE OF THIS COPY: 7-7, 7-18, 8-9-2005 DESIGNER: Jake Luker- 759-0911 - jakeluker@muskegonawning.com
Sep 06 05 03:33p CLOETINGH SEAWAY (231)728-1289 p. 1
CLOETINGH-SEAWAY GENERAL
AGENCY INC
1275 PECK STREET
MUSKEGON MI 49441-
COMPANY
MASONIC TEMPLE ASSOC B TRAVELERS
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MUSKEGON MI 49440
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ADDITIONAL INSURED IN RESPECT TO AWNING PROJECT
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Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX(231)726·5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(231 )724-6724
FAX(231)722-1214
Civil Service
(231)724-6716
FAX (231 )724·4405
INVOICE
Clerk
(231 )724-6705
FAX (231 )724-4178
Comm. & Neigh.
Services
(231 )724-6717 Date: 10-12-05
FAX (231)726-2501
Engineering
(231 )724-6707
Muskegon Masonic Temple
FAX(231)727-6904 396 W. Clay Avenue
Finance Muskegon,Ml 49440
(231)724-6713
FAX (231 )724-6768
Fire Department Certificate fee for the awning at 396 W. Clay: $25.00
(231 )724-6792
FAX (231 )724-6985
Income Tax
(231)724-6770
FAX (231 )724-6768
Please make check payable to:
City of Muskegon
Info. Teclmology
(231)724-4126 Clerk's Office
FAX (231 )722-430 I
933 Terrace Street
Inspection Services
(231)724-6715 Muskegon,Ml 49440
FAX (231 )728-4371
Leisure Services
(231 )724-6704
FAX (231)724-1196 If you have any questions, please call 724-6915.
Mayor's Office
(231 )724-670 I
FAX (231)722-1214 Thank you,
Planning/Zoning
(231 )724-6702
FAX (231 )724-6790
Police Department
(231 )724-6750
FAX(231)722-5140
Linda Potter
Public Works
(231)724-4100
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231 )724-6768
Water Billing
(231 )724-6718
FAX (231 )724-6768
Water Filtration
(231)724-4106
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HILLS MUSKEGON MASONIC TEMPLE ASSN 741
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396 W. CLAY AVENUE 25-801440
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Date: September 27, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement On
Jefferson & Clay
SUMMARY OF REQUEST:
Volunteer Muskegon has requested your permission to place three (3) planters along
Jefferson/Clay area closest to their office at 880 Jefferson. The planters would be about
three feet in diameter similar to those along Lakeshore Dr. This request is unusual in the
respect that it is for ten (1 0) years instead of the standard five (5) years.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITIEE RECOMMENDATION:
To: Lee Slaughter
From: Martha Bottomley
Volunteer Muskegon is requesting permission to place three planters along Jefferson and
Clay close the Volunteer Muskegon office which is located at 880 Jefferson.
The Youth volunteer Corps working with a Title V grant has remaining money to do a
project. The youth elected to purchase the planters like to ones along 3rd street, Lakeside
and Western Avenue. Volunteer Muskegon and the Youth Volunteer Corps will take
responsibility to maintain the planters. We can with the grant money pay the initial fees
and the fees for the five years a one time.
These planters will be ordered immediately and filled with fall flowers and flowers
planted again in the spring.
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this £7..? day of .S~.mJt'r 20CI..>, by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
_ _...l/,'-'oLL/IL.v..LhJ.......:Ij'-'..e_:=..::.e..=::Y",___t..:_Yfl--'-"'-t/_,S"-'-k"-'e=-Jr"':....:VJ--L.._ (hereinafter called LICENSEE).
RECITALS
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City of Muskegon, the encroachment being described as
..1 p JtL f ~ r S VI # .,5o r! /2 (s ,' m : Ia_ c
ai, nJ /JJ €.-S feY' r1 -1- .3 rei S fre .._..J.,
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please inseti a general description, and if required by the CITY, an accurate legal description J
3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
I. CITY does hereby grant unto LICENSEE the privilege of _ _ _ constructing,
~installing, ~ maintaining, -t- repairing and performing all necessary functions
relating to the encroachment, and for that purpose to enter the propetiy, for the tenn herein stated.
I
C:\Documcnts and Scttings\mjb\Local Settings\Temporary Internet Files\Content.IE5\9J-!2ZWGW9\Encroachment Agreement and Pennit.doc
This privilege shall be effective upon the issuance of an encroachment permit, which shall be issued
only after approval of this agreement by the City Commission and delivery to the CITY of the required
evidence of insurance coverages.
This grant is subject to the following special conditions: --"~'-'-G""-"'e'"".__...-4"FtrT;-'_,_·.r...lf:...,:,c:__f/J._·'---"r;::..~_3..,_
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
1JM"'."'6"'""'""Jre.'-''"'.,R'--"nuw."""""o~1fr:;cc-LAut'~"-'e....""""'--~Dollars ($.2,XS= ), such payment to be made upon the signing
ofthis agreement to be dated as of the .s:2Z!!_ day of .$,o&mbec 20 OS , to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to
terminate the first day of May, 2015' unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or
fines or awards brought against or charged to the CITY by any person, firm or corporation on account
of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE
related to the encroachment or this privilege. This indemnification obligation shall include all liabilities
for enviromnental damage or releases of hazardous substances subject to any governmental or third
party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated
substance under govermnentallaw, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of
Michigan, naming CITY OF MUSKEGON as an additional insured on any such policy. LICENSEE
will file with
2
C:\Documents and Scttings\mjb\Local Settings\Temporary Internet Files\Content.IE5\9H2ZWGW9\Encroachment Agreement and Pcrmit.doc
the CITY certificates or policies evidencing such insurance coverage. The insurance policies or
certificates shall provide that the CITY shall be given thirty days written notice before a cancellation or
change in coverage may occur. The types of coverage and coverage limits to be required shall be as
follows:
5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the
CITY a bond confmming with the requirements of any ordinance, and shall keep same in force during
the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
upon giving said LICENSEE __ days of written notice of such cancellation and revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in writing to the CITY _ _ _ days prior to such sunender; provided, however, that upon the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the
area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to
the CITY and in default thereof shall be liable to the CITY for any cost, damage or expense the CITY
may sustain in such restoration.
8. That should said LICENSEE fail or refuse to confmm to any of the conditions on its
part to be perfonned hereunder, the pJivilege hereby granted shall immediately terminate and become
null and void.
3
C:\Documents and Settings\mjb\Local Settings\Temporary Intcmet Filcs\Content.IE5V)J-12Z\:VGW9\Encroachmcnt Agreement and Permit.doc
9. This agreement shall be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witnesses:
~~'
And thO.~
4
\\Jvluskdata\Data\ENGTNEERING\COMMON\PERMIT FORMS\Encroachment Agreement and Pennit.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the planters and any
removal or relocation that becomes necessary to facilitate other public improvement
projects within said right of way (s).
2- Grantee will maintain, for the duration of this agreement, a valid insurance coverage
satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- The City and/or its agents are not responsible for any damage to the planters.
5- The planters would be placed NO closer than two (2) feet from the back of the
street's back of curb while maintaining a minimum of five (5) feet of clear pedestrian
path in line with established sidewalk on Jefferson & Clay.
VOLlJ:HEER MUSKEGON 003471
From:
Date: 09/21/05
Amount: 100.00
Memo:
City of Muskegon Title V
'f.Voltu1teer Muskegon
880 JEFFERSON SUITE A
COMERICA BANK - N.A.
Muskegon, Ml 49443
9·9/720
003471
MUSKEGON, Ml 49440 CHECK NO.
PH. (231) 722-6600
DATE AMOUNT100.00
09/21105
**One Hundred And 00/1 DO Dollars**************~<***********************************************************
PAY
TO THE
ORDER City of Muskegon
OF
933 Terrace St., PO Box 536
MUSKEGON, Ml 49443
11'00:11,7~11· •:07200009J;r: ~850271,:15£.11'
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231 )724-67 83
FAX (231)726-5617
West l\1ichigan1s Shoreline City
City Manager
www.shorelinecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231 )724-4405
INVOICE
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717 Date: 9-30-05
FAX (231)726-2501
Engineering
(231)724-6707
FAX (231 )727-6904 Volunteer Muskegon
Finance 880 Jefferson
(231 )724-6713
FAX (231)724-6768 Muskegon, MI
Fire Department
(231 )724-6792
FAX (231 )724-6985
Certificate fee for three planters along Jefferson/Clay
Area for 2005- 2015: $225.00
Income Tax
(231 )724-6770
FAX (231)724-6768
Info. Technology
(231)724-4126 Please make check payable to:
FAX (231)722-4301
City of Muskegon
Inspection Services
(231)724-6715
Clerk's Office
FAX (231)728-4371 933 Terrace Street
Leisure Services
(231)724-6704
Muskegon, MI 49440
FAX (231)724-1196
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231 )722-5140
Public Works
(231)724-41 00
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231 )724-41 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
MEMORANDUM
To: Mayor and Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: September 21, 2005
Re: Softball World Contract Extension with Muskegon Township
SUMMARY BACKGROUND:
The City Leisure Services Department has a contract with Muskegon Township for the
use of Softball World. The contract expires on November I, 2005. Due to the need to
complete a thorough assessment of the continuation of the Softball Program, a one-year
extension of the contract was requested and granted by Muskegon Township. Staff is
requesting official authorization by the Commission to allow the Mayor and Clerk to sign
the one-year extension.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To authorize the Mayor and Clerk to sign the one-year extension of the Contract with
Muskegon Township for the use of Softball World
COMMITTEE RECOMMENDATION:
FIRST AMENDMENT
INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF MUSKEGON AND CHARTER TOWNSHIP OF MUSKEGON
THIS AGREEMENT is effective on this 61h day of August 2005,
between the CITY OF MUSKEGON, OF 933 Terrace Street, Muskegon, Michigan,
(" CITY") and CHARTER TOWNSHIP OF MUSKEGON, of 1990 E. Apple Avenue,
Muskegon, Michigan, ("TOWNSHIP").
THIS AGREEMENT amends the agreement between CITY and TOWNSHIP,
dated April 1, 2003.
Background
A. In 2003, CITY contracted with Muskegon Township to use Softball World
fields for its recreational summer and fall softball leagues. That contract was for the
period of April!, 2003Jhrough November 1, 2005.
B. CITY desires to extend the contract for an additional one-year period
(November 1, 2006).
Incorporating the above introductor1' provision and the statement of purpose, the
parties agree:
1. To extend the contract for the use of Softball World for the duration outlined
above, with the condition that team fees and charges for the 2006 season are not
increased.
!
·'
(
/
--1--~---
The parties have executed this agreement with the consent and approval of their
governing bodies. It is et1ective on the effective date set forth above.
MUSKEGON CHARTER TOWNSHIP,
Date Signed: :Wt>f: 2 2005 .By /l~,~
s'upervisor
CITY OF MUSKEGON
A Michigan municipal corporation,
Date Signed: .s,JJft~t~b&
I
l.poo5
Date Signed:.Syt,,J,.r I~ 2005
MEMORANDUM
To: Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: September 21, 2005
Re: Softball World Contract with Muskegon Township One-Year Extension
This memorandum is being provided to clarify the Softball World Contract that is on the
Commission Agenda for September 27, 2005. I am asking you for official authorization
to allow the Mayor and Clerk to sign a one-year contract extension with Muskegon
Township for the use of Softball World. The problem is that my request is retroactive.
The Contract has already been signed by the Mayor and Clerk, but not distributed,
pending your official action. The terms of the Commission Purchasing Policy requiring
Commission approval for all expenditures $8,000 and above, did not occur to me until
after the contract was signed. The terms of the current Softball World Contract is $8500.
(See attached).
You will observe that all terms of the current contract remain AS IS. There's no change
from the terms of the current.
Your understanding in this matter would be very much appreciated.
Thank you.
C: Bryon Mazade, City Manager
r-·------ - - ----·-·· ------------- --------- - -------------------- ----------------- ------- - - ...... - - ·
- - --- ~---
:. Don Aley . Softbail World Contract. doc Page 1
L-._ •- • •- - - - •• - •- • - - -·-· - -- - - ----- ---·- - - ~c· - -- -··--- -- ---- -~-- ------~-- ·-·- -
2003-18 (g)
LEASE AGREEMENT
THIS AGREEMENT, effective April 1, 2003, by and between the City ofl'vluskegon, a
Michigan municipal corporation. with offices at 933 Terrace St., Muskegon, Michigan .:19443
(hereinafter referred to as "City"), and Muskegon Charter Township, a Michigan municipal
corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter
referred to as "Township").
WITNESSETH:
WHEREAS, the Township is the owner and operator of four approved slow-pitch softball
diamonds located at the corner of Mill Iron Road and Apple Avenue in Muskegon Township,
Muskegon County, known as "Softball World;" and,
WHEREAS, the City desires to use Softball World's fields for its recreational summer
and fall softball leagues; and,
WHEREAS, the Township desires that the City utilize its softball fields and said pa11ies
have negotiated and desire to put their several agreements in writing relating to the operation and
management of Softball World,
NOW, THEREFO!tE, in consideration of the mutual promises of the parties hereto, it is
agreed as follows:
I. Premises. The Township hereby agrees that the City for the term herein, and subject to
the conditions contained herein, shall have the right to use the four softball fields owned by the
Township known as "Softball World." During the term of this Agreement, the Township shall
have the right to operate and manage the restaurant and bar concessions, or to enter into a
concession agreement for the same.
2. Term . The term ofthis Agreement shall commence April I, 2003, and continue in full
force and effect, subject to its terms and conditions, until November I, 2005, unless terminated
earlier by agreement of both parties.
3. Compensation.
A. City agrees to pay the Township the following compensation for use of the
premises:
i. Eight Thousand Five Hundred Dollars~er
year (total lease
I obligation Twenty-five Thousand Five Hundred Dollars ($25~;able in four equal
I
monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2, 125), with the
I first installment due April I, 2003, and a like amount each three months thereafter, until paid in
I full. In addition, in the event the electricity bill during any one year period exceeds the sum of
Four Thousand Dollars ($4 ,000), per year. the City agrees to pay the extra amount over and
I above said Four Thousand Dollars ($4.000), in addition to the sum set forth above.
_: I
: 0:\LEISURE\JACOBSENIWORD\SOFTBALL WORLD CONTRACT.DOC
. I .
Page 2
----·--·-~
( i) City agrees to provide a! I Jield mainten;1nce ( fidd mJinlenance is
dctined as the dCJily maintcnancl! w keep the fields playable such as dragging. & lining the
tields, <md llhn\ing the grass in !he playing li~ld) und m:.nerials. such as diamond dry. fertilizer,
bases. etc. to pruvilk the daily m<linh!nance.
(ii) City agrees to organize and manage the summer and fall
recreational softball program to be operated at Softball World, including the assignment of
practice fields before the season begins.
(iii) The Township, with the consent of the City, shall have the right to
contract with another party for the maintenance of said softball fields, provided, however, that
the City shall be responsible for the entire cost thereof.
4. Insurance.
A. City agrees to register all of its softball teams with the Amateur Softball
Association and carry the maximum insurance permitted by said organization covering field
owners and to name Muskegon Township as co-insured. The above policies of insurance shall
be subject to the approval of the Township Attorney as to proper form and the amount of
I
coverage. Copies of such policies shall be delivered to the Township for its records during the I
term of this agreement.
5. Obligations of Township.
A. To pay all utility bills to said premises, except as otherwise set forth herein. I
B. To pay all taxes on said premises, including real and personal taxes, provided that I
it is determined that such taxes have been legally assessed.
I
C. To carry, during the duration of this agreement, the following minimum insurance
coverages:
(i) General liability insurance (premises and operations coverage):
(a) Bodily injury, comprehensive coverage limits of two million
dollars per occurrence.
(b) Property damage limits of two million dollars per occurrence.
(c) Liquor liability insurance acceptable to the State of Michigan.
(ii) Workers disability compensation coverage on all employees of the
Township in the required statutory amounts.
0:\LEISURE\JAC OBSEN\WORD\SOFTBALL WORLD CONTRACT .DOC
-~ -
Page 3
(iii) The above policies of insurance shall be subject to the approval of the
City Attorney as to proper form and amount of coverage. Copies of such
policies shall be delivered to the City tor its records during the term of this
agreement.
(iv) All of the above insurance, except the workers disability compensation
insurance, must name the City as an additional insured.
6. Use of Premises.
A. During the term of this agreement, the premises may be used by the City on
Monday through Sunday of the weeks from April I to November I. The Township shall have the
right to use said premises for the exclusive use of the Township residents upon reasonable notice
to the City and at reasonable times. The concession operator shall have the right to use said
premises when the City is not using the same with reasonable notice.
B. This agreement is conditioned upon the understanding that the operation of the
softball fields from Monday through Sunday of the weeks from April 1 to November I will be
under the overall supervision of the City, and no portion of the premises may be leased,
subleased, or assigned to any other person, finn, or corporation without the express prior written I
consent of the Township.
i
7. Conditions of Maintenance of Fields. The City shall maintain the softball fields at an
acceptable level and to an acceptable degree. In no event shall the maintenance of said premises I'
fall below the following general standards:
A. A manner equal to or greater than the level of maintenance at other public softball
fields.
:
B. A manner consist.ent with good maintenance practice. I
C. . Such other conditions as the parties may mutually agree upon during the term of
this agreement.
D. In the event the fields are not maintained in a satisfactory manner to the
Township, the Township shall have the right to maintain said fields in a proper manner, and
charge the costs of same to the City.
8. Structure of Premises. Except as otherwise provided herein, the Township shall have the
exclusive use of all buildings on the premises including but not limited to, the concession stand,
maintenance building, and small shed. provided the City shall have use of the maintenance
building for storage of equipment and materials.
9. Binding Effect. This agreement shall be binding upon the parties hereto and their
respective heirs, administrators, personal representatives, successors and assigns.
0:\LEISUREIJACOBSEN\WORD\SOFTBALL WORLD CONTRACT. DOC
-3-
t_E?n Aley- Softball World Cont~c~_dC:9____ ---~----- _____ --~--- ______ _ Page4
10. Applicable Law. This agreement shall be interpreted underthe laws of the State of
Michigan.
II. Arbitration of Disputes. In case of any dispute between the parties hereto arising, which
cannot be resolved on the terms of this agreement, such dispute shall be settled by binding
arbitration between the parties, with the arbitrator having been appointed in accordance with the
following procedures:
A. The pm1ies shall meet and attempt to mutually agree upon an arbitrator.
B. Should the parties fail to agree upon an arbitrator, the parties shall each submit
two names upon a list of four persons which shall be presented to the then presiding circuit judge
for the County of Muskegon, State of Michigan, who shall from that list appoint the arbitrator.
The arbitrator's opinion shall be binding and said award may be entered and ordered in any court
having requisite jurisdiction.
12. Renewal. If the City intends to enter into negotiations for the renewal of this Lease, City
shall give the Township thirty (30) days written notice thereof.
13. Notices. Notices to either party to this agreement shall be sufficient if sent by certified
mail, postage prepaid addressed as follows:
To the City: Director of Leisure Services, City Hall, 933 Terrace Street,
Muskegon, MI 49443
To the Township: Supervisor, Muskegon Charter Township, 1990 Apple
Avenue, Muskegon, MI 49442.
TOWNSHIP OF MUSKEGON, MICHIGAN
j
0:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONTRACT.DOC
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Commission Meeting Date: September 27, 2005
Date: September 19, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJO(_
RE: Zoning Ordinat~ce Ame,ndment to the Zoning Ordinance
Language for Creation and Membership (Zoning Board of
Appeals)
SUMMARY OF REQUEST:
Request to amend Section 2501 (Creation and Membership) of Article XXV, Zoning Board of
Appeals to mirror the State of Michigan Zoning Act that requires a 2/3 concurring vote of
members to grant a use variance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the "Creation and
Membership" language to mirror tbe State of Michigan Zoning Act that requires a 2/3
concmring vote of members to grant a use variance.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 9/15 meeting.
The vote was unanimous in favor of the amendment, with B. Smith absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 11, 2005
Hearing; Case 2005-32: Staff initiated request to amend Section 2501, Article XXV (Zoning
Board of Appeals) of the zoning ordinance, to amend the language on Creation and
Membership, to mirror the State Zoning Act that requires a 2/3 concurring vote of members to
grant a use variance.
BACKGROUND
Although the State Zoning Act clearly states that a 2/3 concurring vote of members is required to grant
a use variance, our Muskegon Zoning Ordinance doesn't contain this language. Since the State statute
must be adhered to, this language should be incorporated into the Muskegon ordinance for clarity.
NEW LANGUAGE
Deletions are erossed out and additions are bold.
SECTION 2501: CREATION AND MEMBERSHIP
There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties and
exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as amended, and in
such a way that the objectives of this Ordinance shall be observed, public safety secured, and
substantial justice done. The ZBA shall consist of seven (7) members appointed by the City
Commission, and shall include one (1) member of the City Commission and one (1) member of the
Planning Commission. Every member shall be a legal resident of the City. The term of the
representative of the City Planning Commission and the term of the City Commission representative
shall expire with that of his/her Planning Commission or City Commission office. The terms of all
members except the representative of the City Planning Commission and the City Commission shall
be for periods of three (3) years each. The ZBA shall annually elect its own Chairman and Vice-
Chairman.
The presence of four (4) members shall constitute a quorum. The ZBA shall act by resolution. The
concurring vote of four (4) members of the ZBA shall be necessary to reverse any order requirement,
decision, or determination of the Zoning Administrator or body, or to decide in favor of the applicant a
matter upon which they are required to pass under an ordinance, or to effect a variation in an
ordinance,, except that a concurring vote of 2/3 of the members of the board is necessary to grant
a variance from uses of land permitted in this ordinance.
The ZBA may call on any other City department for assistance in the performing of its duties, and it
shall be the duty of any such department to render such assistance to the ZBA as may reasonably be
required.
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The City Commission may remove a member of the ZBA for non-performance of duty or misconduct
in office. Misconduct shall include but not be limited to failure of members to disqualifY themselves
from a vote in which that member has a conflict of interest.
DELIBERATION
I move that the amendment to Section 2501, Article XXV (Zoning Board of Appeals), to amend the
language on "Creation and Membership", to mirror the State Zoning Act that requires a 2/3
concurring vote of members to grant a use variance, be recommended to the City Commission for
(approval/denial).
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2164
An ordinance to amend Section 2501 (Creation and Membership) of Article XXV (Zoning
Board of Appeals) of the Zoning Ordinance to amend the ordinance language regarding "a
concurring vote of 2/3 of the members of the board is necessary to grant a variance from uses of
land".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 250 I (Creation and Membership) of Article XXX (Zoning Board of Appeals) is hereby
amended to include language regarding "a concurring vote of2/3 of the members ofthe board is
necessary to grant a variance from uses of land":
SECTION 2501: CREATION AND MEMBERSHIP
There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties and
exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as amended, and in
such a way that the objectives of this Ordinance shall be observed, public safety secured, and
substantial justice done. The ZBA shall consist of seven (7) members appointed by the City
Commission, and shall include one (I) member of the City Commission and one(!) member of the
Planning Commission. Every member shall be a legal resident of the City. The term of the
representative of the City Planning Commission and the term of the City Commission representative
shall expire with that of his/her Planning Commission or City Commission office. The terms of all
members except the representative of the City Planning Commission and the City Commission shall
be for periods of three (3) years each. The ZBA shall annually elect its own Chairman and Vice-
Chairman.
The presence of four (4) members shall constitute a quorum. The ZBA shall act by resolution. The
concurring vote of four (4) members of the ZBA shall be necessary to reverse any order requirement,
decision, or determination ofthe Zoning Administrator or body, or to decide in favor of the applicant a
matter upon which they are required to pass under an ordinance, or to effect a variation in an
ordinance., except that a concurring vote of2/3 of the members ofthe board is necessary to grant
a variance from uses ofland permitted in this m·dinance.
The ZBA may call on any other City department for assistance in the performing of its duties, and it
shall be the duty of any such department to render such assistance to the ZBA as may reasonably be
required.
The City Commission may remove a member of the ZBA for non-performance of duty or misconduct
in office. Misconduct shall include but not be limited to failure of members to disqualifY themselves
from a vote in which that member has a conflict of interest.
This ordinance adopted:
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nayes: None
Adoption Date: ____s_e~p_te_mbe
__r_2_7.;_,_2_0_0_5_ _ _ _ _ _ __
Effective Date:____o_c_t_o_be_r_1_3_,_2_0_0_5_ _ _ _ _ _ __
First Reading: _ _ _ _s_e=-p_te_rn_be_r_2_7_,_2_0_0_5_ _ _ _ _ _ __
Second Reading: _ _ _N_/_A_ _ _ _ _ _ _ _ _ _ _ _ __
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27'h day of September, 2005, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: _ _9-=---~---=Q: :l. . >Cj. . .+-_ _, 2005.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 27, 2005, the City Commission of the City ofMuskegon adopted
an ordinance to amend Section 2501 (Creation and Membership) of Article XXX (Zorring Board of
Appeals) to amend the zorring ordinance language regarding "a concurring vote of2/3 of the members
of the board is necessary to grant a variance from uses ofland".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Ocm.dt'r 3 , 2005 CITY OF MUSKEGON
By __~~~~--~~~---
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Date: 09/27/05
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor
RE: Budgeted GPS Purchase
SUMMARY OF REQUEST: Approval to purchase 20 GPS receivers and
components from Advanced Tracking Technologies.
FINANCIAL IMPACT: Cost $26,945.85
BUDGET ACTION REQUIRED: None. There is $32,000 budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of 20 GPS receivers and
components from Advanced Tracking Technologies.
Memorandmn
To: Honorable Mayor and Commissioners
From: Brett Kraley, Equipment Supervisor
Date: 9/20/2005
Re: GPS
The Equipment Division has budgeted in 2005 for the installation
of twenty "real time" Global Positioning System (GPS) receivers in our
vehicles and equipment. The initial purchase includes all ofthe
software, maps, and hardware. We plan to add additional units each
year until all daily use vehicles are being monitored.
GPS is a proven tool that helps reduce operating costs and manage
mobile assets more efficiently. This is accomplished with GPS by:
• Proving or disproving public claims. If a citizen claims that a plow
truck hit a parked car, we can verify if we had trucks in the area. It
also allows us to give citizens information on services that have been
complete or a timeframe in which they will be completed. I.e., when
roads will be plowed.
• Increased security. If a city vehicle is stolen or being driven without
permission, it could be tracked immediately.
• Aiding supervision in dispatching more effectively. Knowing the
exact location of crews would enable supervision to choose the crew
nearest the service request area.
• Improving employee efficiency by monitoring coffee and lunch
breaks. At this time, supervision can make only spot checks because
they cannot be in multiple places at one time.
• Employee Safety. In one particular case, an employee slipped and
fell while exiting a plow truck during a snowstorm. The supervisor
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September 20, 2005
saw that the truck had not moved and was able to go directly to the
location and call for help.
• Reducing fuel costs. Companies have realized fuel savings of 20-
25% by assuring that drivers are going where they are supposed to
and nowhere else.
The Equipment Division looked at dozens of different GPS systems before
choosing Advanced Tracking Technologies from Houston, Texas as our
supplier. The system uses it's own 900 MHz receiver to track and report
vehicle location. There are no monthly cellular telephone bills or other costs
once the system is in place.
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Date: 09/27/05
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor
RE: Fuel Sales
SUMMARY OF REQUEST: Approval to waive the 15% administrative fee on
outside fuel sales to Muskegon Public Schools.
FINANCIAL IMPACT: $5,000 in revenue depending on fuel consumption.
BUDGET ACTION REQUIRED: None.
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STAFF RECOMMENDATION: Approve waiving administrative fee.
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