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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 25, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Liquor License Request. 1813 Getty. CITY CLERK
c. Liquor License Request. 1149 Wood Street. CITY CLERK
d. Sale of NonBuildable Lot at 1057 Washington. PLANNING & ECONOMIC
DEVELOPMENT
e. 595 Oak Avenue. Return of Tax Reverted Lot to the State. PLANNING &
ECONOMIC DEVELOPMENT
f. Vacation of the east/west alley in Block 1 of the Marcoux Sub of Block
38. PLANNING & ECONOMIC DEVELOPMENT
g. Zoning Ordinance Amendment for Article II (Definitions). PLANNING &
ECONOMIC DEVELOPMENT
h. Dump Boxes and Under Body Plows. PUBLIC WORKS
i. Health Care Opt Out Update. FINANCE
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Request to Withdraw Reverter Language from Deed for Property at 407
W. Webster. PLANNING & ECONOMIC DEVELOPMENT
• NEW BUSINESS:
a. Memorandum of Understanding. Clean Up of Laketon Avenue Railroad
Corridor. PLANNING & ECONOMIC DEVELOPMENT
b. Rezoning Request for the South Half of Block 317 (including the former
Boilerworks property). PLANNING & ECONOMIC DEVELOPMENT
c. RFP for Hartshorn Management. LEISURE SERVICES
d. Legal Services Provider. ASSISTANT CITY MANAGER
e. Telecommunications Permit. Verizon. ASSISTANT CITY MANAGER
f. Special Events Policy. LEISURE SERVICES
g. Heating Renovations in Public Service Building. PUBLIC WORKS
h. Additional Consultant Fees for the Waler Filtration Plant Improvements
Project. PUBLIC WORKS & WATER FILTRATION PLANT
i. Modifications to the Solid Waste Contract. PUBLIC WORKS
j. Personal Property Payment Plan. Michigan Steel. CITY MANAGER
k. Concurrence with Housing Board of Appeals Notice and Order to
Demolish the following:
1) 1021 Kenneth
2) 419 W. Muskegon (Garage only)
3) 312 Merrill
4) 999 Washington
5) 428 Mclaughlin
6) 719 Orchard
7) 1553 Terrace
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the foJlowing:
• Fill out a request to speak form attached to the agerida or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
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MEMO
DATE: NovemberS,2003
TO: City Commissioners
FROM: City Clerk
RE: Commissioner Spataro
Commissioner Spataro will be gone from November 24, 2003
to December 1, 2003 and will be excused from the
November 25 th Regular Commission Meeting.
Date: November 25, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Monday, November 10, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 25, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30pm, Monday, November 25,
2003.
Mayor Warmington opened the meeting with a prayer from Pastor
Bierenga of the Allen Avenue Reformed Church 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 Robert Schweifler,
Commissioners Christopher Carter, Stephen Gawron, William Larson, and Clara
Shepherd; City Manager Bryon Mazade, City Attorney John Schrier and City
Clerk Gail Kundinger. Excused was Commissioner Lawrence Spataro.
2003-93 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
meeting that was held on Monday, November 10, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Liquor License Request, 1813 Getty. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Betak Enterprises, Inc., 1813 Getty to
transfer ownership of the 2003 SOM licensed business from Antoo of Muskegon,
Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
d. Sale of NonBuildable Lot at 1057 Washington. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-408-0003-00) at 1057 Washington Ave. to David Brockmyre,
owner of 1451 Franklin Street, Muskegon, Ml and James Lowery of 1065
Washington Ave., Muskegon, Ml. Approval of this sale will allow the adjacent
property owners to have homes located on buildable lots, as well as expanding
their current yards. As is required by City policy, the subject parcel is being
offered for $100, and will be split between Mr. Brockmyre and Mr. Lowery and
offered to them for $50 each.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and the deed.
e. 595 Oak Avenue, Return of Tax Reverted Lot to the State. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The unbuildable lot located at 595 Oak Ave. (parcel
#24-205-049-0011-10) was erroneously offered to the City of Muskegon as a tax-
reverted parcel earlier this year. It was included with over 80 other lots
requested by the City in June 2003 and subsequently deeded to us by the State
in August 2003. However, the State of Michigan doesn't own the property. After
several discussions with the Muskegon County Register of Deeds and
Equalization Departments, it was suggested that the easiest way to clear up the
title confusion on the property was to simply deed it back to the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the resolution
and deed returning the property at 595 Oak Ave. to the State of Michigan.
-· -f. Vacation of the east/west alley in Block 1 of the Marcoux Sub of Block
38. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the east/west alley in Block 1 of
the Marcoux Sub. of Block 38, bounded by Marcoux Ave., Getty St., Wesley Ave.
and Mulder St.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the alley, with the
condition that any relevant City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their 11 /13 meeting, with the condition that any relevant
City easement rights be retained. The vote was unanimous with B. Smith absent.
g. Zoning Ordinance Amendment for Article II (Definitions). PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) of the City's
Zoning Ordinance in order to correct, add and delete various definitions as
described in the ordinance.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance as described above.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 11/13 meeting. The vote was unanimous with B.
Smith absent.
h. Dump Boxes and Under Body Plows. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize the purchase & installation of two (2) dump
boxes and under body plows from Truck & Trailer Specialties for a total cost of
$47,496.00 which includes all necessary labor & materials. Truck & Trailer
Specialties were the lowest responsible bidder.
FINANCIAL IMPACT: Total Cost $47,496.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase of 2 dump boxes and under
body plows from Truck & Trailer Specialties.
i. Health Care Opt Out Update. FINANCE
SUMMARY OF REQUEST: Previously the commission approved a proposal to
increase the employee healthcare opt-out payment amount from $1,300 per
year to $3,000 per year provided that at least eight new participants enrolled to
make it at least a break-even proposition for the City. This proposal was
communicated to employees via payroll stutters. Unfortunately, as of the
November l cutoff, only four new employees had expressed serious interest in
the program. Accordingly, staff recommends that the opt-out program remain
at its current level.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Keep program at current level.
j. RFP for Hartshorn Management. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to present the RFP for contracting out
the management of Hartshorn Marina to the Waterway's Commission for
approval. Upon their approval, we will be able to continue the process of
contracting out the Marina operations.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item c and k.
ROLL VOTE: Ayes: Schweifler, Carter, Gawron, Larson, Shepherd, Warmington
Nays: None
Excused: Spataro
MOTION PASSES
2003-94 ITEMS REMOVED FROM THE CONSENT AGENDA
c. Liquor License Request. 1149 Wood Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Christian Kado for a new SDD license to be
held in conjunction with the proposed ownership transfer of the 2003 SDM
license from Steven C. Cornell.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval
pending final inspection.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to
recommend denial of the request from Christian Kado for a new SDD license to
be held in conjunction with the proposed ownership transfer of the 2003 SDM
license from Steven C. Cornell.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Schweifler
Nays: Larson
Abstain: Warmington
Excused: Spataro
MOTION PASSES
k. Legal Services Provider. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The City requested proposals from Law Firms wishing to
provide the City's Legal services. We received only one proposal and it was
submitted by the City's current legal service provider, Parmenter O'Toole.
We have reviewed the proposal and can not provide reason(s) why their
proposal should not be accepted and approved.
FINANCIAL IMPACT: Pay Annual Retainer Fees as follows:
l /l /04 - 12/31 /04 $360,000
l / l /05 - 12/31 /05 $378,000
l /1 /06 - 12/31 /06 $396,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the Mayor and the City Clerk to sign a
three-year contract with Parmenter O'Toole to serve as the City's chief legal
service provider.
Motion by Commissioner Larson, second by Commissioner Shepherd to approve
the contract with Parmenter O'Toole.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Warmington, Schweifler, Carter
Nays: None
Excused: Spataro
MOTION PASSES
2003-95 UNFINISHED BUSINESS:
a. Request to Withdraw Reverter Language from Deed for Property at 407
W. Webster. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The attorney for Thomas Russo, who purchased 407 W.
Webster from the City, is requesting that the City withdraw the reverter
language contained in the Purchase Agreement, dated February 16, 1998. The
reverter language was included in Section 8 of the Purchase Agreement, and
required that the purchaser make improvements to the premises within 18
months, that the owner or subsequent owners occupy the premises as owner-
occupants for a period of at least l O years, and that if the property is used as a
rental property during the l O year period, the City has the right to quit claim
deed the property from the buyer. The attorney for Mr. Russo is requesting that
the "City release the Russo's and the Russo's perspective successors in interest
from the effects of the reverter language." Apparently, the Russo's are in the
process of selling the property, and they are being told by the perspective
purchasers that they are unable to obtain mortgage financing with the reverter
language present. Staff recommends that the reverter language be kept as it is.
The City has included reverter language in the sale of its properties for several
years, and has not had a problem with other properties. In addition, the specific
area where 407 W. Webster is located is one where the City has sold several
properties, with the express intent that they be owner-occupied. It would be a
disservice to the other property owners to change this condition at this time.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the request from Mr. Russo's attorney to
change the reverter clause language on their deed/purchase agreement and
release the Russos and their perspective successors in the interest from the
effects of the reverter language. Staff is willing, however, to meet with any
financial institution to explain our program for infill, and the reasons for the
reverter clause (and staff has informed Mr. Russo and his attorney of this offer).
No action taken on this item.
2003-96 NEW BUSINESS:
a. Ordinance for Sale of Water Revenue Bonds. FINANCE
SUMMARY OF REQUEST: The City is in the process of securing funding for water
filtration plant improvements through the Drinking Waler Revolving Fund (DWRF).
Bond counsel advises that adoption of the ordinance is necessary to provide a
structure for the new debt that fits within the DWRF program guidelines and
within the requirements of the currently existing eater system bonds.
FINANCIAL IMPACT: The only immediate cost associated with this action is the
cost of publication in the Chronicle.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current water system budget. Once
bonds are sold, debt service costs will be included in the water system budget
for the life of the bonds (20-30 years).
STAFF RECOMMENDATION: Approval of the ordinance.
Motion by Commissioner Larson, second by Commissioner Gawron to approve
the ordinance for sale of water revenue bonds.
ROLL VOTE: Ayes: Shepherd, Warmington, Schweifler, Carter, Gawron, Larson
Nays: None
Excused: Spataro
REQUIRES SECOND READING
b. Additional Consultant Fees for the Waler Filtration Plant Improvements
Project. PUBLIC WORKS & WATER FILTRATION PLANT
SUMMARY OF REQUEST: To authorize additional fees to Tetra Tech MPS for
delayed start of project construction, increased scope of project design, and
additional construction oversight costs.
FINANCIAL IMPACT: Change order to the original contract of $108,000.00.
BUDGET ACTION REQUIRED: The consultant fees are presently funded by Water
System Revenue Bonds. An effort to include these changes in the DWRF funding
application for reimbursement will be made.
STAFF RECOMMENDATION: The amount requested is warranted as they are
incurred by changes in project scope, contract delay, and necessary
construction oversight. Staff recommends the Mayor and City Commission
approve the contract changes as indicated.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve
the additional consultant fees for the Water Filtration Plant improvements project.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
c. Water Filtration Plant Improvements Project Bid Recommendation.
PUBLIC WORKS & WATER FILTRATION PLANT
SUMMARY OF REQUEST: To approve the lowest responsible bidder with inclusion
of deductible alternates # l and #2, prevailing wages and clairifier solids
collection mechanism.
FINANCIAL IMPACT: $14,994,000.00 for construction of the Water Filtration Plant
improvements project.
BUDGET ACTION REQUIRED: It is anticipated the project will be funded through
the use of the State Drinking Water Revolving Fund.
STAFF RECOMMENDATION: Staff recommends awarding the construction
contract for the Water Filtration Plant Improvements project to Triangle
Associates, Inc.
Motion by Commissioner Larson, second by Commissioner Shepherd to award
the bid to Muskegon Construction for $15,560,000.00 for improvements at the
Water Filtration Plant.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
d. Laboratory Remodeling Proposal. PUBLIC WORKS & WATER FILTRATION
PLANT
SUMMARY OF REQUEST: To enter into an engineering/design agreement for the
remodeling of the laboratory and control area of the Water Filtration Plant.
FINANCIAL IMPACT: The engineering/design proposal cost is $54,000, including
document preparation, advertising, bidding and construction oversight.
BUDGET ACTION REQUIRED: None. It is anticipated the engineering/design and
construction costs will be funded through the State of Michigan Drinking Water
Revolving Fund.
STAFF RECOMMENDATION: Recommends the City enter into a contract with
Tetra Tech MPS for engineering/design of the laboratory remodeling project at
the Water Filtration Plant.
Motion by Commissioner Larson, second by Commissioner Gawron to enter into
a contract with Tetra Tech MPS for engineering/design of the laboratory
remodeling project at the Water Filtration Plant.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Warmington, Schweifler, Carter
Nays: None
Excused: Spataro
MOTION PASSES
e. Memorandum of Understanding. Clean Up of Laketon Avenue Railroad
Corridor. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City and the Michigan Department of natural
Resources (MDNR) developed an informal agreement in the summer of 2003 to
clean up the Laketon Ave. railroad corridor between Getty and US 31 and the
Laketon/Nims Street area. The Agreement includes the MDNR paying up to
$11,425 for the clean up (primarily railroad ties). The most economical price to
remove and stockpile the railroad ties was from Freelance, Inc. Their cost is
$8,925. The City DPW has agreed to transport and dispose of the ties. The
contractor will also clean up the burned railroad siding on Nims Street for $3,800
and the DPW will remove the refuse. Since there was a halt on additional State
spending in August, we are just now getting the Memorandum of Understanding
from the State. They are now able to release the funds.
FINANCIAL IMPACT: The City will pay the difference between the State
contribution and the contractors costs, in the amount of $1,300. The City will
also provide the labor transport and disposal of the ties and vegetation removal.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the memorandum of Understanding and
Agreement for the Recreation Improvement Fund and authorize the City
Manager to sign the Agreement.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Memorandum of Understanding and Agreement for the Recreation
Improvement Fund and authorize the City Manager to sign the Agreement.
ROLL VOTE: Ayes: Larson, Shepherd, Warmington, Schweifler, Carter, Gawron
Nays: None
Excused: Spataro
MOTION PASSES
f. Rezoning Request for the South Half of Block 317 (including the former
Boilerworks property). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the south half of Block 317 (owned by
Muskegon Group Properties, LLC and the Muskegon Eagles) from 1-2 General
Industrial to H. Heritage.
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 l l /13 meeting. The vote was unanimous with B.
Smith absent.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve
the rezoning request for the south half of Block 317.
ROLL VOTE: Ayes: Shepherd, Warmington, Schweifler, Carter, Gawron, Larson
Nays: None
Excused: Spataro
REQUIRES SECOND READING
g. Telecommunications Permit. Verizon. ASSISTANT CITY MANAGER
SUMMARY OR REQUEST: Authorize the Mayor to sign the permit application by
Verizon North Inc. Submittal of the permit application is in response to the City
opting into the state's METRO Act. It is further requested that approval be
conditioned upon verification of satisfactory insurance coverage consistent with
the terms of the Act and City policy.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the permit and sign the document.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to approve
the permit.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
h. Special Events Policy. LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the Special Events policy that has been
amended to reflect the costs to be incurred by the groups hosting the special
event.
FINANCIAL IMPACT: Special events should become budget neutral
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Carter, second by Commissioner Larson to adopt the
amended Special Events policy.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
i. Heating Renovations in Public Service Building. PUBLIC WORKS
SUMMARY OF REQUEST: This is the first phase of heating unit replacements in the
Public Service Building with energy efficient units. The only acceptable bid was
from East Muskegon Roofing for $82,725.00. This will eliminate corrosion of roof
deck and give up to 29% energy savings.
FINANCIAL IMPACT: This project is funded in the Public Service Building Fund
Budget for 2003.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Proceed with the heating renovations.
Motion by Commissioner Larson, second by Commissioner Gawron to accept
the bid of $82,725.00 from East Muskegon Roofing.
ROLL VOTE: Ayes: Schweifler, Carter, Gawron, Larson, Shepherd, Warmington
Nays: None
Excused: Spataro
MOTION PASSES
j. Modifications to the Solid Waste Contract. PUBLIC WORKS
SUMMARY OF REQUEST: As part of the 2004 budgetary process the City
Commission directed the Public Works Department to reduce the Recycling
Budget by $100,000. The result of our negotiations is as follows:
The new price for Mixed Refuse (Garbage which includes
year-round yard waste collection is $8.423 per household $1,350,780
The new price for Recycling Services for 26 weeks
per year is $1 .00 160,000
Disposal of yard waste shall remain at $10 per ton 33,000
Special Tire Disposal of $35 per ton estimated at 71.4 tons 2,250
Neighborhood Cleanups 17 040
Revised Estimated Contract $1,563,07Q
The City shall waive performance bond and public relations and education
requirements and establish new benchmarks for refuse and recycling at 952 and
67 tons per month; eliminate the pitch-it-sticker program.
The City agrees to extend the current contract from March l, 2005 until
December 31, 2007.
FINANCIAL IMPACT:
Estimated Payments to Sunset Waste $1,563,070
City Salary and Wage 75,333
Vehicle Rental 6,370
Printing, Building Rental, Electricity 25 600
Total Budget for Refuse and Recycling $1,670,373
2004 Budgets for Refuse and Recycling $1,660,314
Shortfall $10,059
BUDGET ACTION REQUIRED: A budget amendment to add additional $10,059 will
allow refuse and recycling service to continue at current level of service.
STAFF RECOMMENDATION: Recommend approval as presented.
Motion by Commissioner Larson, second by Commissioner Gawron to extend
the current contract to December 31, 2007, and approve modification to solid
waste contract,
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Warmington, Schweifler
Nays: None
Excused: Spataro
MOTION PASSES
k, Personal Property Payment Plan, Michigan Steel. CITY MANAGER
SUMMARY OR REQUEST: To approve a payment plan for Michigan Steel (formerly
West Michigan Steel) for personal property taxes for years 2000-2002. The
payment plan was necessary for the company to be sold this past year.
FINANCIAL IMPACT: Payment of $78,063.93 over 48 months @ 8% interest to the
City and other taxing jurisdictions.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the payment plan and authorize the
Mayor and City Clerk to execute associated documents.
Motion by Vice Mayor Schweifler, second by Commissioner Carter to approve
the payment plan.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Warmington, Schweifler, Carter
Nays: None
Excused: Spataro
MOTION PASSES
I. Development Agreement - Cross Lake Ferry. CITY MANAGER
SUMMARY OF REQUEST: To approve the development agreement between the
City, Lake Express and Great Lakes Marina for the construction of improvements
for the cross-lake ferry project.
FINANCIAL IMPACT: City commitment to the project is $1,200,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve
the development agreement.
ROLL VOTE: Ayes: Larson, Shepherd, Warmington, Schweifler, Carter, Gawron
Nays: None
Excused: Spataro
MOTION PASSES
m, Concurrence with Housing Board of Appeals Notice and Order to
Demolish the following: INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the following structures, are
unsafe, substandard, public nuisances 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 structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
1. 312 Merrill
Staff asked for this to be removed from Agenda.
2. 1021 Kenneth
CASE# & PROJECT ADDRESS: 03-48 - 1021 Kenneth, Muskegon, Ml, area 11
LOCATION AND OWNERSHIP: This structure is located on Kenneth between
Apple and Ada and is owned by Bakri Jameil of Grand Rapids, Ml
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
5/29/03 and the interior inspection was conducted on 7/1/03. A Notice and
Order to repair or demolish was issued 8/7 /03. On 10/2/03 the HBA declared the
structure substandard.
OWNER CONTACT: There has been no contact from the owner
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $14,700
ESTIMACTED COST TO REPAIR: $25,000
3. 419 W. Muskegon (Garage only)
CASE# & PROJECT ADDRESS: #02-38, 419 W. Muskegon Ave., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Muskegon Ave. and is
owned by Ruby Johnson.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/25/02 and Notice and Order to repair or remove was issued 7/30/02. On
8/5/02 the owner pulled a permit to repair the garage. It appears that the work
has not been done and no inspections called for. On 3/6/03 the HBA declared
the garage substandard and ordered it demolished. The owner has attended
all meetings and agrees with staff that the condition of the garage is such it
should be demolished. The owner is unable to complete the demolition due to
financial hardship. The HOC concurred with the HBA on l 0/7 /03.
OWNER CONTACT: None
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $17,600
ESTIMACTED COST TO REPAIR: $5,000 (Garage only)
4. 428 Mclaughlin
CASE# & PROJECT ADDRESS: 03-24, 428 McLaughlin, Muskegon, Ml - area 11.
LOCATION AND OWNERSHIP: The structure is located on McLaughlin between
Wood and Williams and is owned by Dan Heller.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
4/16/03. No interior inspection has been conducted. A Notice and Order to
repair or demolish was issued 5/12/03. On 7/3/03 the HBA declared the
structure.
OWNER CONTACT: None
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $13,300
ESTIMACTED COST TO REPAIR: $5,000 plus cost of interior repairs.
5. 719 Orchard
CASE# & PROJECT ADDRESS: 03-01, 719 Orchard Ave., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Orchard between
Kenneth and Getty Street and is owned by Gennie Kellum (deceased) and John
Lester.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
l /15/03 because of the structure being boarded up for more than 180 days,
and the interior inspection was conducted 2/27 /03. A Notice and Order to
repair or demolish was issued 3/19/03. On 6/5/03 lhe HBA declared the structure
substandard, with a 60 day delay in bringing it before commission.
OWNER CONTACT: John Lester and Faye Gilbert, the daughter or the deceased
owner, Gennie Kellum, appeared before the HBA to explain their status with this
structure. On this date they stated they were trying to settle an issue with
ownership through their attorneys because they could not reach an agreement
on what to do with the house. The director of inspections told them at the HBA
meeting they would have 60 days before he proceeded with this case to settle
their legal issues pertaining to this house. There has been no contact from either
Mr. Lester or Ms. Gilbert since the HBA meeting.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $13,900
ESTIMACTED COST TO REPAIR: $8.000
6. 1553 Terrace
CASE# & PROJECT ADDRESS: 02-5 l, 1553 Terrace, Muskegon, Ml, area l 0
LOCATION AND OWNERSHIP: This structure is localed on Terrace between E.
Forest and E. Grand and is owned by Angela Oliver.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
9/ 6/02 and the interior inspection was conducted l 0/ 18/02. A Notice and Order
to repair or demolish was issued 11 /21 /02. On 2/ 6/03 the HBA tabled the case
for 90 days. On 6/5/03 the HBA declared the structure.
OWNER CONTACT: Angela Oliver and Brian VanFarowe were both present at
the HBA meeting. Brian VanFarowe sold the house to Angela Oliver on a land
contract and stated he was interested in getting the property back because
Angela was losing the house for non-payment. Angela stated she was trying to
retain the property and pulled a permit to repair on 4/ 18/03. It expired 6/15/03
and no inspections have been called for. The case was brought back before
the HBA on 6/5/03 and both parties were again present. Ms. Oliver stated she
owned another house in Muskegon Heights that she had to fix and did not have
the finances to repair the house on Terrace. Mr. VanFarowe stated he would
like to save the house, but Ms. Oliver would not sign it back to him, so he would
have to wait 90 days until she lost it. The HBA declared the structure.
There has been no further contact with the parties since the HBA meeting. It
appears, during a recent drive by inspection, that the property is currently for
sale and possibly occupied by persons unknown.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $16, l 00
ESTIMACTED COST TO REPAIR: $10,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 419 W, Muskegon
(garage), 428 Mclaughlin, 719 Orchard, 1553 Terrace, and 1021 Kenneth,
ROLL VOTE: Ayes: Shepherd, Warmington, Schweifler, Carter, Gawron, Larson
Nays: None
Excused: Spataro
MOTION PASSES
7. 999 Washington
CASE# & PROJECT ADDRESS: 03-21, 999 Washington, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Washington between
Franklin and Hudson and is owned by Jose Castanon.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
4/15/03 and the owner has not allowed an interior inspection. A Notice and
Order to repair or demolish was issued 8/25/03. On l 0/2/03 the HBA declared
the structure substandard.
OWNER CONTACT: On 5/13/03 an interior inspection notice was issued. Mr.
Castanon canceled the inspection and stated his brother now owns the
structure. His brother, Alex, was present at the l 0/2/03 HBA meeting, but left
before his case was heard. There has been no contact with either party since
the October HBA meeting.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQALIZED VALUE: $11,700
ESTIMACTED COST TO REPAIR:$ l 0,000 plus the cost of interior repairs.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Larson to concur
with the Housing Board of Appeals decision to demolish 999 Washington.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
n. Resolution to Declare an Emergency Moratorium on Certain Demolition
Projects.
SUMMARY OF REQUEST: To consider adoption of a resolution that declares a
moratorium for six months on demolition of the five buildings in the mall.
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to declare
an emergency moratorium on the demolition of the five remaining buildings in
or adjacent to the former Muskegon Mall for sixty days.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd
Nays: None
Excused: Spataro
MOTION PASSES
2003-97 CLOSED SESSION: Pending litigation and collective bargaining.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to go into
Closed Session at 8:32 p.m.
ROLL VOTE: Ayes: Schweifler, Carter, Gawron, Larson, Shepherd, Warmington
Nays: None
Excused: Spataro
MOTION PASSES
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to go
back into Open Session at 9:04 p.m.
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Warmington, Schweifler
Nays: None
Excused: Spataro
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at
9:05PM.
Respectfully submitted,
LGL~
Gail A Kundinger, MMC
City Clerk
Date: November 25, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
1813 Getty
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Betak Enterprises, Inc., 1813
Getty to transfer ownership of the 2003 SOM licensed business from
Antoo of Muskegon, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Muskegon Police Department
A~-4. 'J::~
eM4 °' 'PtJUce
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 1) 722-5140 {a.i:
www.muskegonpolice.com
October 31 , 2003
To: City Commission through the City Manager
From:
Anth
Re: Liquor License Transfer - 1813 Getty Street
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Betak Enterprises, Inc., who is
requesting a transfer of the 2003 SOM liquor license at 1813 Getty Street from Antao of
Muskegon, Inc.
Betak Enterprises consists of Saib Btk of 1254 Witham Drive and Samei Btk of 785
Mariwood Avenue, both in North Muskegon. The Btk's have previous experience in
alcohol serving businesses and currently own the former Tom's Drink All party store at
1500 Getty Street.
A check of Muskegon Police Department records and a criminal history show no reason
to deny this request.
ALK/dl
To: Chief Tony Kleibecker
From: Det. Kurt Dylanan
Date: 08-28-03
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Betak Enterprises, Inc.
Betak Enterprises, Inc. is requesting to transfer ownership of2003 SDM licensed
business from Antoo of Muskegon, Inc. Betak Enterprises, Inc. consists of both Saib Btk
of 1254 Witham, Nmih Muskegon and Samei Btk of 785 Mariwood Avenue, Nmih
Muskegon. Both have previous experience in alcohol serving business' and currently
own 1500 Getty St., former Tom's Drink All.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/Betak
d;;l7397
8/t1/1J3 r;7<tkf
State of Michigan Liquor Control Commission
Jennifer M. Granholm, Governor 7150 Harris Drive
P. 0. Box 30005
Department of Consumer & Industry Service• Lansing, Michigan 48909-7505
David C. Hollister, Director (517) 322-1345
Fax: (517) 322-6137
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
July 23, 2003
RequestlD#:227397
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Betak Enterprises, Inc., requests to transfer ownership of 2003 SOM
licensed business, located at 1813 Getty, Muskegon, Ml 49442 in Muskegon County,
from Antao of Muskegon, Inc.
Please make an investigation of this 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 card(s) 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.
sr
LC-1972 Rev 01/02
4880-1658
.2.:27 397
Michigan D' "'rtment of Consumer & Industry Services
POLICE INSPECTION REPORT ON Ll'-40R LICENSE REQUEST MICHi<:.___. LIQUOR CONTROL COMMISSION
(Authorized by MCL 436.1217) 7150 Harris Drive vJM
P.O. Box 30005 . g'/!3103
Lansing, Michigan 48909-7505 I'
RID: 227397
Important: Please conduct your investigation as s·oon 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) Betak Enterprises, Inc.
1813 Getty, Muskegon 49442 Muskegon County (231) 722-6653
REQUEST FOR: Transfer ownership 2003 SDM licensed business from Antoo of Muskegon, Inc.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Salb Btk Samei Btk
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1254 Witham 785 Mariwood Avenue
North Muskegon, MI 49445 North Muskegon, MI 49445
(231) 578-3865 (231) 557-5083
DATE OF BIRTH: (/'_ - I 7 · 7 2.. DATE OF BIRTH: 12-- --z...- 7 3
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does Jhe applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
~s • No ~es • No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: NONE NEEDED Date fingerprinted: NONE NEEDED
I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: 0 Felony •
Misdemeanor ARREST RECORD: 0 Felony O 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)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
ftf-No •
Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? .B(No D Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet al~i:!ppropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~es •No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space Is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ,la Yes No •
2. Is the proposed location satisfactory for this business? JS(Yes No •
3. Should the Commission grant this request? [)O'es 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)
/-)-
Signatur (Sheriff.-61 Chief of Police) Date
Muskego Police Department
LIQUOR LICENSE REVIE\V FORlvI
Busiiness Name: ___i3..,L-l,e....._.,_J.f'-..-.'3"'4-1-4-;t.·. ---1,6...,...La~•
L. · -'>L~....:::e,::....;,.S=------
, /'.'---;L-
.L..l.1...t'.L..t;,,,,.'/Jt:....11
AKA Business Name (ifappiicalble): fiami};' /lJcrctLe- t ... Sa;b
Operator/Manager's Name: S cu·h fifk J- St1mc/ /3t)(
Business Address: /J /3 ·6ett;x
Reason for Review:
New License D Transfer of ~wnership ~ D Dance Permit
Drop/Add Name on License •· Transfer Location D
Drop/Add Stockholder Name 0 New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved ~enied D No Action Needed D
Income Tax Approved ~ Owing _D Amount: - - - -
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA- •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature_~- -- --- - - -
~- - _ _ _ __ _ __ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1'1
Bnsiness Name: _ _....!i~e. . . . -------1,,6_.4-a,_•.,_T;..._C'.._,t;~
_,_,_,f--'.tl-1_,_5-'- 'L2'-'/";
___
J'--
. =~-=e..:.-;...s=------
AKA. Business Name (ifappiicalble): ..,,Sa1b fivnij;, /JJqctf- t
OperatoR"/Manage:r' s Name: S cu·h /jfk t- Same/ /Jt/(
Business Address: /! /3 6c!t;;t
Reason for Review:
New License D Transfer of ~wnership ~ Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~ wing • Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
I j
Department Signature.~,~ ~; __.____.._)_ __ _,,..,,_ r_1---+-
i11t_ttJ'7
_ _ __ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1VI
Business Name: t3e-. la ;t
AK.:-\ Business Name (if appiicalble): ..,,Sa, b fivn~' !l/ar kt
Operator/Manager's Name: Scu·/2 ofk t- Same/ /Jtk
Business Address: /J /3 lzetty
Reason for Review:
New License D Transfer of ~wnership ~ Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for :receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing . • Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! ~ •
Denied Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature &~-·~~
v
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORJ.VI
Business :fame: ___j_.£.....1,e,......_.,_,-f--'.c;_1~;f_,___--1o&,.,,....L~:.,_f._cL-,t;~'/J:....L
, /'.__.;'-·,.,_~...::ee,:......:,.s=------
AKi\ Business Name (if appiicable): ,S-a,b fiam';P' ll/ark t
Operator/Manager's Name: Sa ,.·1:, /ifk f- Same/ /3t/(
Business Address: /J /3 ·6ctt;,x
Reason for Review:
New License D Transfer of ~wnership ~ Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other------------------------
Deadline for :receipt of all information: __________
Po1ice Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning_ _ Approved! • Denied D Pending ZBA 0
Clerk's Approved N Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature
------------------
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORlvI
~?-#-5
Bnsfoess Name: _ _...._J_.c......,.e.....,._£f_.·..... . .·. _ __,,,6.,,,,...,_a-·.,_l......c~.....,;;~a.....-C. . .1~·
-~..;::;;e.,;_;,.s;:...
-- - - -
AKA. Business Name (if applicable): ,S-a1b &mi/I' /JJqrfer
0perato.r/Manage:r's Name: Scu·h ;jf/{ f- Same/ /Jt/(
Business Address: /J /3 ·6 etty
Reason for Review:
New License D Transfer of ~wnership ~ D
Dance Permit
Drop/Add Name on License D- Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: __________
PoHce Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• DOwing Amount:
_zoning Approved • -- Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance ~emaining Defects __ __ _ __
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVlE\V FORJ.VI
Business Name: ___6__,_e.....___,-L,f__,·<3-~~;t_,_·--...6-,,.--'-ll~
: .l._~'..__,t;~'/JC.L/:__.1'--
.. · ,.,.._·f....:::e'--'-.S=------
AKA Business Name (if appiicable): ,S-a /b fiuni};' Illar .fe.. ·r
0perato:r/Ma:nager's Name: Scu·h /ifk ~- Same/ /Jt/(
Business Address: /J /3 6ctty _
Reason for Review:
New License D Transfer of ~nership ~ D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~.i.nment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied 0 No Action Needed D
Income Tax Approved• Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending -ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Remaining Defects
Services
Department Signatnr# ~ t.... ~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
State of Michigan Liquor Control Commission
Jennifer M. Granholm, Governor 7150 Harris Drive
P.O. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909-7505
David C. Hollister, Director (517) 322-1345
Fax: (517) 322-6137
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
July 23, 2003
RequestlD:227397
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Betak Enterprises,
Inc., requests to transfer ownership of 2003 SOM licensed business, located at 1813
Getty, Muskegon, Ml 49442 in Muskegon County, from Antao of Muskegon, Inc.
Stockholders:
Saib Btk, 1254 Witham, North Muskegon, Ml 49445 (231) 578-3865
Samei Btk, 785 Mariwood Avenue, North Muskegon, Ml 49445 (231) 557-5083
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for
consumption off the premises only. Specially Designated Distributor (SOD) licenses
permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol
by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local
law enforcement agency and investigative forms will be released to them either in
person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control
Act for off-premise licenses, the local governing body, or its designee, may notify the
Commission within 15 days of receipt of this letter if the applicant location will not be in
compliance with all appropriate state and local building, plumbing, zoning, fire,
sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and
ordinances applicable in this case, with a copy of the law and/or ordinance submitted
with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Affirmative Action
616/724-6703
FAX/_722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
F AX/724-4055 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services November 19, 2003
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904
Mrs. Ann Martin, President
Finance Marsh Field Neighborhood Association
616/724-6713
FAX/724-6768
1782 Mcillwraith
Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX1724-6985 Dear Mrs. Martin:
Income Tax
616/724-6770 We have received a request from the Liquor Control Commission reference Betak
FAX/724-6768
Enterprises, Inc., desire to transfer ownership of the 2003 SDM licensed business
Info. Systems located at 1813 Getty, from Antoo of Muskegon, Inc. A SDM license permits the
616/724-6706
FAX/722-430 I sale of beer and wine for consumption off the premises only. On Tuesday,
November 25, 2003, the City Commission will review this request and determine
Leisure Service
616/724-6704 whether or not it should be recommended for approval.
FAX/724-1196
Manager's Office You are being sent this notice because the City Commission would like to know
616/724-6724
FAX/722-1214
how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
Mayor's Office
616/724-6701 49440 or attend the City Commission Meeting on November 25, 2003, at 5:30
FAX/722-1214
p.m. in the Commission Chambers.
Neigh. & Const.
616/724-6715
If you have any questions, please feel free to contact me at 724-6705.
FAX/726-250 I
Planning/Zoning
Sincerely,
616/724-6702
FAX/724-6790
Police Depl.
616/724-6750
FAX/722-5140 Linda Potter
Deputy Clerk
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing DeJlt.
616/724•6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755.5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmative Actlpn
(231)724-6703
FAX: (231)722-1214
Assessor/Equalization
(23 l )724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724 West Michlgm1's Shoreline Clty
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231 )724-6705 November 19, 2003
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 Mr. Samei Btk
Computer Info. 785 Mariwood Avenue
Systems North Muskegon, MI 49445
(231)724-6744
FAX: (231)722-4301
Engineering Dept.
Dear Mr. Btk:
(231 )724-6707
FAX: (231)727-6904
This letter is to inform you that your request to transfer ownership of the 2003
Finance Dept. SDM licensed business at 1813 Getty will be presented to the City Commission
(231)724-6713
FAX: (231)724-6768 on November 25, 2003. This meeting begins at 5:30 p.m. and is located in the
Commission Chambers, 933 Terrace, Muskegon, MI.
Fire Department
(231)724-6792
FAX: (231)724-6985
This request has also been sent to the Marsh Field Neighborhood Association for
Income Tax their comments. It is Commission practice to let the Neighborhood Association
(231 }724-6770
FAX: (231)724-6768
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
Inspection Services
(231)724-6715 of the business' who are located there.
FAX: {231)728-4371
Leisure Services If you have any questions, please feel free to contact me at 724-6705.
(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
Police Deptartment
(23 I )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 Flltrallon
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Act!on
(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 Shomllne City
FAX: {231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705 November 19, 2003
FAX: (231)724-4178
Community and
Neigh. Services
(231 )724-6717
FAX: (231)726-2501 Mr. Saib Btk
Computer Info. 1254 Witham
Systems North Muskegon, MI 49445
(231)724-6744
FAX: (231)722-4301
Engineering Dept.
Dear Mr. Btk:
(231)724-6707
FAX: (231)727-6904
This letter is to inform you that your request to transfer ownership of the 2003
Finance Dept. SDM licensed business at 1813 Getty will be presented to the City Commission
(231)724-6713
FAX: (231)724-6768 on November 25, 2003. This meeting begins at 5:30 p.m. and is located in the
Commission Chambers, 933 Terrace, Muskegon, MI.
Fire Department
(231)724-6792
FAX: (231)724-6985
This request has also been sent to the Marsh Field Neighborhood Association for
Income Tax their comments. It is Commission practice to let the Neighborhood Association
(231 )724-6770
FAX: (231)724-6768
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
Inspection Services
(231)724-6715 of the business' who are located there.
FAX: (231)728-4371
Leisure Services If you have any questions, please feel free to contact me at 724-6705.
(231 )724-6704
FAX: (231)724-ll96
Sincerely,
Mayor's Office
(231)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
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
(23 J )724-4106
FAX: {231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
MICHIGAN DEPARTMENT OF. ¢.OMMERCE
LIQUOR· CONTROL COMMISSION
RESOLUTION
2003-9:3(b)
At a Re gu 1 a r _ _ _ __ meeting of the --=C-=i;_t::..YL-.·.::cc.;:o:.:m.::;m:::..:i.;:S:.:S::..l=-·o=n,__,.,,......_ _ _ _ __ _
('"9ul• r, or ~I (Towne/lip &oa,d, CJ&y ol VIiiage Councill
called to order by Mayor Warmington on November 25, 2003 at 5; 3Q P.M~
the following resolution was offered:
Moved by Vice Mayor ·schwei fl er and Supported by commissioner Sbepb8rd
That the request from Betak Enterprises,
Inc • . 1813 Getty, Muskegon, MI
49442, request to transfer ownership of the 2003 SDM licensed
business from Antoo of Muskegon, Inc.
be considered for Recommendation {Approval r,r OIUflptOHII
Approval Disapproval
Yeas: 6 Yeas:
Nays: 0 Nays:
Absent: 1 Absent:
It is the consensus of this legislative body that the application be Recommended ·
(A1comm1nood or
_ _ _ _ _ _ _ _ _ _ _ _ for issuance.
not Alicammended)
State of Michigan } SS
County of Muskegc)n
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::..;1=-·o=n,___ _ _ _ _ _ at a _ _ __ _ _.!:R~e:..:g:1.u=l~a~r,..__ _ _ _ _ __
(RIIQulU or Spectl ll
. ~a~~~
meeting held on the 25th of November, .2003.
(Oa111
(Signed)
(To• rwnip. Cily, or V1llog1 c11r111 O
Gail A. Kundinger, City Clerk
93 3 Te r rac e , Musk e gon, MI 4 94 4 0
- - -- -(Ad_a_,__ _o_l_,T,...
owna- nip, Cily or v111•~• 8011d) -
SEAL
Affirmative Action
(231)724-6703
FAX: (J.31)722-1214
Assessor/Equallzetion
(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
Civil Service
{231)724-6716
FAX: {231)724-4405
Clerk
{231)724-6705
FAX: (231)724-4178
December 1, 2003
Community end
Neigh, Services
{231)724-6717
FAX: (231)726-2501
Computer Info,
Systems
Liquor Control Commission
(231)724-6744 7150 Harris
FAX: (231)722-4301
PO Box 30005
Engineering Dept, Lansing, MI 48909-7505
(231)724-6707
FAX: (231)727-6904
REF: #227397
Finance Dept.
(231)724-6713 1813 Getty
FAX: (231)724-6768
Muskegon,MI 49442
Fire Department
(231)724-6792
FAX: (231)724-6985
To Whom It May Concern:
Income Tex
(231 )724-6770 Enclosed is the Resolution and LC-1800 form for 18 I 3 Getty Street.
FAX: (231)724-6768
Inspection Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6715
FAX: (231)728-4371
Sincerely,
Leisure Services
(231)724-6704
l<'AX: (231)724-1196
Mayor's Office
.(231)724,•&70] Linda Potter
FAX: (231)722-1214
Deputy Clerk
Planning/Zoning
(231}'124-6702
FAX: (231)724-6790 Enc.
Police Deptertmcnl
(231)724-6750
FAX: (231)722-5140
PubUc Works Dept,
(231 )724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Weter BIiiing Dept.
(231)724-6718
FAX: (231)724-6768
Weter Filtration
(231 }724-4 I 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
,nvw.shorelinecity.com
Commission Meeting Date: November 25, 2003
Date: November12,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development t)/:i./
RE: Sale of Non-Buildable Lot at 1057 Washington Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-408-0003-00) at
1057 Washington Avenue to David Brockmyre, owner of 1451 Franklin Street,
Muskegon, Ml and James Lowery, of 1065 Washington Avenue, Muskegon, Ml.
Approval of this sale will allow the adjacent property owners to have homes located on
buildable lots, as well as expanding their current yards. As is required by City policy,
the subject parcel is being offered for $100, and will be split between Mr. Brockmyer
and Mr. Lowery and offered to them for $50 each.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and the deed.
COMMITTEE RECOMMENDATION:
11/12/2003
Vacant Non-buildable City-Owned Lot N
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CITY OF MUSKEGON
RESOLUTION ?.003-93 <d)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $50 each from David Brockmyre, 17753 168111
Avenue, Spring Lake, MI 49456 and James Lowery, 1065 Washington Avenue, Muskegon, MI
49441 for the purchase of a vacant, City-owned lot located adjacent to their properties at 1057
Washington Avenue (parcel #24-205-408-0003-00); and
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON REVISED PLAT OF 1903
BLK 480 LOT 3 be sold to David Brockmyre and James Lowery for $100.
th
Resolution adopted this 25 day ofNovember, 2003.
Ayes: 6
Nays: o
Absent:
By: :;,
I?. en .Wat
Ma or -
Attest ~ Q. L~~
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on November 25,
2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~ 0. ~.L,
Gail A. Kundinger, MMC ~
.
Clerk
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to DAVID BROCKMYRE, a married man, of 17753 168 th Avenue, Spring Lake, Michigan 49456,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE SOUTH 55 FEET OF BLOCK 480, LOT 3
for the sum of: Fifty Dollars ($50.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall reve1t to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this S'fA day of /)er un Jee ,2003 .
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this St-A day of c, f f/1 i/4 £e,...
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
ci¼;/k /), ~
PREPARED BY: John C. Schrier 1.;oJo. S:. flotf-u• , Notary Public
Parmenter O'Toole Muskegon County, Michigan
I 75 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 7,-.;;_,s--o C,,
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME~1\anguilm\LOCALS~1\Temp\885689.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to JAMES LOWERY, a married man, of 1065 Washington Avenue, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE NORTH 110 FEET OF BLOCK 480, LOT 3
for the sum of: Fifty Dollars ($50.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this SIA day of 0cc em &c , 200~·
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrnment was acknowledged before me this --'IA
day of J),.,o,,,, tc lz
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier ~i.~~~-,.,=«~~~=-~8.=o~r~r~~~r_·__&_~y Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: Z- .;z ~--o c;
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME~1\angui!m\LOCALS~1\Temp\B85689.DOC
Commission Meeting Date: November 25, 2003
Date: November 5, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development G~
RE: 595 Oak Avenue• Return of True-Reverted Lot to the State
SUMMARY OF REQUEST:
The unbuildable lot located at 595 Oak Avenue (parcel #24-205-049-0011-10) was
erroneously offered to the City of Muskegon as a tax-reverted parcel earlier this year. It
was included with over 80 other lots requested by the City in June 2003 and
subsequently deeded to us by the State in August 2003. However, the State of
Michigan doesn't own the property. After several discussions with the Muskegon
County Register of Deeds and Equalization Departments, it was suggested that the
easiest way to clear up the title confusion on the property was to simply deed it back to
the State.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize the Mayor and Clerk to sign the attached resolution and deed returning the
property at 595 Oak Avenue to the State of Michigan.
COMMITTEE RECOMMENDATION:
11/5/2003
CITY OF MUSKEGON
RESOLUTION #2003- g3 ( e)
RESOLUTION APPROVING THE RETURN OF A CITY-OWNED NON-BUILDABLE LOT
TO THE STATE OF MICHIGAN
WHEREAS, the City of Muskegon has received title to the property at 595 Oak Avenue,
Muskegon, MI 49442 (parcel #24-205-049-0011-10) from the State of Michigan through the tax
reversion process; and
WHEREAS, this lot was not in the ownership of the State of Michigan at the time of title
transmission to the City; and
WHEREAS, the City of Muskegon wishes to return this prope1iy to the State of Michigan so the
title can be cleared by the State.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 W 60 FT OF E 66 FT LOT 11 BLK 49 be returned to the State of Michigan via a Quit
Claim deed.
Resolution adopted this 25th day of November, 2003.
Ayes: 6
Nays: 0
Absent: 1
----- ..
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on November 25,
2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
¾1
9.K~ #
Clerk
Quit Claim Deed
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: The DEPARTMENT OF NATURAL RESOURCES for the STATE OF MICHIGAN,
of P.O. Box 30028, Lansing, Michigan 48909,
the property in the City of Muskegon, County of Muskegon, State of Michigan, which is described as follows:
City of Muskegon Revised Plat of 1903, West 60 feet of the East 66 feet of Lot 11, Block 49
(Common address: 595 Oak, Muskegon, Michigan)
for the sum of: Less than $100.
This deed is exempt from county and state real estate transfer tax pursuant to MCL 207.505(a) and MCL 207.526(a),
respectively.
Dated this 01,f day of /Je c e, m 6ec , 2003.
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this &/2 day of e m ,{ e c A,
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
Parmenter O'Toole L,,,,£,.S. I?, t-t-r r , Notary Public
P.O. Box 786 Muskegon County, Michigan
Muskegon,MI49443-0786 My Comm. Expires: 9-.:;, c-o '1
Telephone: (231) 722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\OOCUME-1\anguilm\LOCALS-1\Temp\880959.DOC
Potter, Linda
From: Anguilm, Lonna
Sent: Monday, December 01, 2003 9:12 AM
To: Potter, Linda
Subject: 595 Oak
This item was approved by Commission last Tuesday. After the deed is signed, I need you to return it to me. I will get it
to Dan Joslyn from the County who is working with the State on this one and will take care of it for us.
Thanks!
Commission Meeting Date: November 25, 2003
Date: November 14, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cf!:i
RE: Vacation of the east/west alley in Block 1 of the Marcoux
Sub. Of Block 38
SUMMARY OF REQUEST:
Request for vacation of the east/west alley in Block 1 of the Marcoux Sub. Of Block 38,
bounded by Marcoux Ave., Getty St., Wesley Ave. and Mulder St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the alley, with the condition that any relevant City
easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the alley at their 11/1.3 meeting,
with the condition that any relevant City easement rights be retained. The vote was
unanimous with B. Smith absent.
11/14/2003
ff
City of Muskegon
Planning Commission w~,
Case# 2003-44
'
= Notice Area
/=Subject Property
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I
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500 0 500 1000 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 13, 2003
Hearing; Case 2003-44: Staff-initiated request to vacate the east/west alley in Block 1 of the
Marcous Sub, Of Block 38, bounded by Marcoux Ave., Getty St., Wesley Ave. and Mulder
St.
BACKGROUND
Earlier this year, the Environmental Inspector for this area brought a situation to staff's attention
regarding the properties at 613 and 625 S. Getty St. There is an unbuildable City-owned lot in
between these two properties (619 S. Getty St.) and both property owners have been parking cars
on it. The City's policy is to sell unbuildable lots to adjoining property owners, and staff has been
working with both owners as they are both interested in purchasing it. Both of their homes are on
lots that are also considered unbuildable and therefore they would have difficulty rebuilding their
homes if they were to be destroyed. By adding pottions of the City-owned lot to their properties,
they would each then have a buildable lot, as they would each have more than 50 feet of frontage
and over 6,000 square feet. They would also then have room to establish legal driveways to park
on.
As staff looked into the sale of the lot to these two property owners, it was realized that there is an
existing alley in between one of the prope1ty owners and the City-owned lot (in between 619 and
625 S. Getty). Only property owners who are adjacent to City-owned properties are eligible to
purchase them, as lots are required to be joined to the property owner's original property. Staff has
therefore been looking into the possibility of vacating the alley. If vacated, the alley would be
evenly split between adjoining property owners, which would then make the properties at 619 and
625 S. Getty contiguous and would allow the prope1ty owner at 625 S. Getty to purchase a portion
of the City-owned lot at 619 S. Getty.
There are no utilities within the subject alley, and therefore the Engineering Department and the
Department of Public Works have no objections to the proposed vacation.
I
RESOLUTION #2003- 9 3 <f >
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the east/west alley in Block 1 of the Marcoux
Sub. Of Block 38, City of Muskegon; and,
WHEREAS, the Planning Commission held a public hearing on November 13, 2003, to consider
the petition and, subsequently, recommended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the November 25, 2003, City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alley, legally described as:
The entire east/west alley located in Block 1 of the Marcoux
Sub. Of Block 38 of the City of Muskegon, County of
Muskegon, State of Michigan.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any strncture. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 25th day of November, 2003.
Ayes: 6
Nays: O
Absent:1
CERTIFICATION (East/West Alley Vacation in Block 1 of the Marcoux Sub. Of Block 38)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
meeting held on November 25, 2003. L
the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
~&...,,. a.c.l
Gail Kundinger, MMC
Clerk, City of Muskegon
J
--fV..!Ld/2 ::.t rv D
r-e &le.:,,, ~
Commission Meeting Date: November 25, 2003
Date: November14,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development 0,~?C.
RE: Zoning Ordinance Amendment for Article II (Definitions)
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) of the City's Zoning Ordinance in order to
correct, add and delete various definitions as described in the attached ordinance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/13
meeting .. The vote was unanimous with B. Smith absent.
11/14/2003
Date: 11/28/03
To: Honorable Mayor and City Commission
From: DPW, Equipment Divison
RE: Dump boxes and under body plows
SUMMARY OF REQUEST:
Authorize the purchase & installation of two (2) dump boxes and under body
plows from Truck & Trailer Specialties for a total cost of $47,496.00 which
includes all necessary labor & materials. Truck & Trailer Specialties were the
lowest responsible bidder (see attached bid tabulation).
FINANCIAL IMPACT:
Total Cost $47,496.00
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the purchase of 2 dump boxes and under body plows from Truck &
Trailer Specialties.
- -
2 Dump boxes and under body plows -
Bid
1----- ...
Shults
....__,_ Equipment $ 56,830.00
--
P.O. Box 127
Ithaca Mi. 48847
~-
Hyde Equipment $ 56,264.00
Box 368
I----, -
Petoskey Mi. 49770
'--
Truck & Trailer Specialties $ 47,496.00
--- ...
6726 Hanna Lake Rd
Dutton Mi.
--
-----
---
-
Date: November 25, 2003
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Health Care Opt-Out Update
SUMMARY OF REQUEST: Previously, the commission approved a proposal to
increase the employee healthcare opt-out payment amount from $1,300 per year to
$3,000 per year provided that at least eight new participants enrolled to make it at
least a break-even proposition for the city. This proposal was communicated to
employees via payroll stuffers. Unfortunately, as of the November 1 cutoff, only four
new employees had expressed serious interest in the program. Accordingly, staff
recommends that the opt-out program payment remain at its current level.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Keep program at current level.
COMMITTEE RECOMMENDATION: None
9/18/97
Date: November 17, 2003
To: Honorable Mayor and City Commissioners
From: Melissa Haug
RE: RFP for Hartshorn Management
SUMMARY OF REQUEST:
To authorize staff to present the RFP for contracting
out the management of Hartshorn Marina to the Waterway's
Commission for approval. Upon their approval we will be
able to continue the process of contracting out the
marina operations.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Date: November 17, 2003
To: Honorable Mayor and City Commissioners
From: Melissa Haug
Re: RFP for Hartshorn Management
I am requesting authorization to present the RFP for
contracting out the marina management to the Waterway's
Commission for their approval. Bill Boik of the DNR
recommended doing this before we sent the RFP out to
potential contractors. The Commission will meet in
December and make their decision. Any final contracts
that may be signed will need the Waterway's Commissions
approval.
Thank you for your consideration.
CITY OF MUSKEGON
REQUEST FOR PROPOSALS
MANAGEMENT SERVICES FOR HARTSHORN MUNICIPAL
MARINA
The City of Muskegon is requesting proposals for the management of
Hartshorn Marina located at 920 W. Western Avenue in Downtown
Muskegon.
The marina was originally built in 1960, however, there have been many
updates and improvements since then, including a complete upgrade of the
electrical service in 2003. The facilities consist of a 137 slip Large Boat
Basin (LBB), a 30 slip Small Boat Basin (SBB), a mooring field, and four
separate launch ramp locations. Within the LBB is an office, restroom &
shower building, two picnic shelters, and parking. This area is fenced off,
and is accessed with a slide gate key system. The LBB offers both electricity
& water with the rental of a slip. The SBB is also gated with a restroom &
shower building. Water & electricity are not available. The mooring field
currently accommodates 51 moorings, but has a capacity of 100 moorings.
There are four separate launch ramp sites with a total of 20 boat ramps
between the four sites.
Because the marina is a state grant in aide marina, there are many
requirements with the management agreement that must be met. The
management contract must comply with the rules and regulations of the
State Waterways Commission and the DNR contract. Forty percent of all slip
rentals must remain open for transient traffic, and cannot be rented out to
seasonal boaters. Transient and seasonal slip fees are established each
year by the Waterways Commission, and must be followed. The City of
Muskegon is committed through the 2005 boating season by contract to
utilize the state reservation system for harbors.
SUMMARY INFORMATION REGUARDING THE MARINA
During the 2003 boating season, all seasonal slips were rented out.
Transient traffic is well below the capacity of the marina. Financial numbers
from the past 25 years, marina layout, and detailed income and expenditure
statements are available from the Department of Leisure Services upon
request.
BASIC DUTIES OF THE MANAGEMENT COMPANY
The duties of the Management Company will include, but not be limited to the
following:
Renting and maintaining seasonal/transient slip information & records
Collecting launch ramp revenues
Promotion of the marina
Maintenance and operation of facilities
Utilizing the state reservation system
Accounting and reporting to the City of Muskegon
SUMMARY DESCRIPTION OF SUBMISSIONS OF PROPOSALS AND
QUALIFICATIONS
If you are interested in being considered for this work, you are encouraged to
visit the Marina located at 920 W. Western Ave. Please call to schedule an
appointment since the marina is gated, and closed for the winter. You must
then provide the following information in a sealed envelope:
1. A general profile of your company describing your history, scope of
management services provided, and experience with managing
marinas, or similar facilities.
2. List the company's corporate officers and/or owners.
3. List the staff who will be assigned to manage the marina and
provide their technical qualifications and professional resume,
being specific as to their role in the operation.
4. List your experience working with governmental agencies.
5. Provide a narrative of how you would manage the facility and
determine the most cost efficient ways of providing services to
customers.
6. Name of corporate liability and professional liability insurance
carrier and the terms of the policies, including deductible limits.
7. Present the firms proposed fee and terms and conditions for
managing the facility including the length of the proposed contract.
8. Present a list of references for operation of marina or similar
facilities.
Th City will evaluate each firm based on the information provided. A contract
will then be negotiated beginning with the top rated company. Any contract
for final approval will need approval by the State Waterways Commission,
and the City Commission. If a contract cannot be reached with the top rated
company, negotiations will continue with the next highest ranked company
and so on until a management firm is under contract, or the City decides to
continue operating the facilities.
The City of Muskegon reserves the absolute right to reject any proposal for
any reason, and to negotiate contract provisions, which are different from
those negotiated with another applicant.
Please submit your response with five (5) copies by 2:00 P.M. on Tuesday,
January 20, 2004 to:
City Clerk
City of Muskegon
P.O Box536
Muskegon, Ml 49443
There will be a pre-bid conference on Thursday, January 8, 2004 at 10:00
AM. in the second floor conference room at City Hall.
If you have any questions concerning this proposal, please contact:
Melissa Haug
Department of Leisure Services
P.O. Box536
Muskegon, Ml 49443
Phone: 231-724-6776
Date: November 25, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Wood Street Market
1149 Wood Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Christian Kado for a new SOD
license to be held in conjunction with the proposed ownership transfer of
the 2003 SOM license from Steven C. Cornell.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval pending final inspection.
Muskegon Police Department
, , 4 ~ .L. "J:.~
eM4 °' Police
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(231) 724-6750 (23 1) 722-5140 /a-,:
www.muskegonpolice.com
November 6, 2003
To: City Commission through the City Manager
From: ~ L .l ~
ny L. Kleibecker, Chief of Police
Re: Liquor License Request - New SOD license and transfer of SOM license
1149 Wood St. (Wood Street Market)
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Christian Kado of 2263 Lawnel in
Norton Shores.
Mr. Kado is requesting a new SOD license to be held in conjunction with Proposed
Ownership Transfer of 2003 SOM license from Steven C. Cornell, owner of the Wood
Street Market. Mr. Kado is involved in at least two other alcohol-serving establishments
in the City of Muskegon and is familiar with local alcohol-related laws and ordinances.
His last license transfer was on March 11, 2002 when he obtained the Family Foods
store at 1157 Third Street.
A check of Muskegon Police Department records and a criminal history check show no
reason to deny this request.
ALK/dl
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 11-06-03
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Christian Kado, LLC. of 2263
Lawnel, Muskegon, Mi. 49441.
Christian Kado is requesting a New SDD license, to be held in conjunction with Proposed
Ownership Transfer of2003 SDM license from Steven C. Cornell.
Mr. Kado is currently involved 'in at least two other alcohol serving establishments
located with the City of Muskegon; he has been cooperative and has been providing a
favorable service to the city. Mr. Kado's last license transfer was on 3-11-2002 when he
obtained Family Food, 1157 Third Street. A check of MPD records and Criminal History
showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
RECEIVED
HilV O6 2002
data/common/Kado Wood MUS',.:t~Of\l POLICE DEPT.
Cilll:Y of POLICE
-Z. 3 "'3. l'13 Io -z.o -o3 ~
St<1te of Michigan Liquor Control Commission
1 7150 Harris Drive
Jennifer M. Granholm, Gove ,
P.O. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909-7505
David C. Hollister, Director (517) 322-1345
Fax: (517) 322-6137
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1 (4))
October 16, 2003
RequestlD#:233193
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Christian Kado, LLC, requests to transfer ownership on 2003 SOM
licensed business, located at 1149 Wood, Muskegon, Ml 49442 in Muskegon County,
from Steven C. Cornell.
Attorney: Michael L. Rolf, 175 W Apple Ave, PO Box 786, Muskegon, Ml 49440-1347
(231) 722-1621
Please make an investigation of this 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.
(X) Please include fingerprint card(s) and $30.00 for each cmd, and mail to the
Michigan Liquor Control Commission. ( WoY\ IJ.. ~ .H.cl11.r\ ')
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
RECEI VED
4880-1658
OCT 2 2 200c
MUSKEGON POLICE Dt'.PT.
CHI EF of POLICE
'2, ~ '3 1c, ·3 i c -Z.O--o".3 ~
Michigan Dr -.rtment of Consumer & Industry Services
POLICE INSPECTION REPORT ON u''-- .,QR LICENSE REQUEST MICHIC!. LIQUOR CONTROL COMMISSION
7150 Harris Drive
(Authorized by MCL 436.1217)
P.O. Box 30005
Lansing , Michigan 48909-7505
RID: 233193
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) Christian Kado, LLC
1149 Wood, Muskegon 49442 Muskegon County (231) 722-3376
REQUEST FOR: Transfer ownership on 2003 SDM licensed business from Steven C. Cornell.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Christian Kado
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2263 Lawnel
Muskegon, MI 49441
(231) /55-00 11
DATE OF BIRTH: 'ir·/5 - ?s DATE OF BIRTH:
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 Resi dent Alien status?
c0'- Yes D No D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finqerprinted: ~01'\t. t\\u.c\Hl Date finqerprinted:
Attach the fingerprint card and $30.00 for each card and mail to the Michi!:lan Liquor Control Commission. I
ARREST RECORD: • Felony O Misdemeanor ARREST RECORD: 0 Felony O 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)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
~No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? l)it. No D Yes, explain relationship:
I 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 iaws
and ordinances, if this license is granted? ~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? Jg''Yes • No
2. Is the proposed location satisfactory for this business? l8J Yes • No
3. Should the Commission grant this request? laYes • 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)
L .I~ / I - I C> ~o-3
ature (-Sheriff or Chief of Police) Date
Muskegon Police D epartment
LC-1800 Rev. 07/02
2 33 19'-t
( t4'i ·~ zz -03
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES TU1/4
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
Muskegon Police Department October 20 2003
Chief of Police
1990 E. Apple- €180 J£c=Fill-So,J
Muskegon, Michigan 4944~ Request 1.0.#233194
Chief of Law Enforcement Office
Applicant: CHRISTIAN KADO, LLC requesting a New Specially Designated Distributor License,
located at 1149 Wood, Muskegon Michigan, 49442, Muskegon County, to be held in conjunction
with Proposed Transfer Ownership 2003 Specially Designated Merchant License from Steven C
Cornell (R.I.D.#233193).
MEMBER: ATTORNEY:
Christian Kado Michael L. Rolf
2263 Lawnel 175 West Apple Avenue
Muskegon, Michigan 49441 Muskegon, Michigan 49443
Business Phone: (231 )578-6902 Business Phone: (231)722-1621
Home Phone: (231)755-0011
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 .
(X ) NO FINGERPRINTS NECESSARY
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.
jr
RE CEIVED
OCT 2 7 2003
MUSKEGON POLICE DEP_T.
CHIEF of P.OLICE
Michigan Der~rtment of Consumer & Industry Services
MICHIG/ .IQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LI~ )R LICENSE REQUEST
(Authorized by MCL 436.1217) 7150 Harris Drive .;:i 3 3 / 9 </
P.O. Box 30005 ~
Lansing, Michigan 48909-7505 to - z,z -- 0 ~
RID: 233194 t/1-ffl
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.
CHRISTIAN KADO, LLC
1149 Wood, Muskegon Michigan, 49442, Muskegon County
REQUEST FOR: A New Specially Designated Distributor License, to be held in conjunction with Proposed Transfer Ownership 2003
Specially Designated Merchant License from Steven C Cornell (R.I.D.#233193)
I Section 1. APPLICANT INFORMATION I
APPLICANT #1 : APPLICANT #2:
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
DATE OF BIRTH: DATE OF BIRTH:
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?
CiYes D No D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: NONE NEEDED Date finaerorinted:
Attach the fingerprint card and $30.00 for each card and mail to the Michiaan Liquor Control Commission. I
ARREST RECORD: •Felony •Misdemeanor ARREST RECORD: •
Felony •
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)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
~ ,No •Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? !&_No • Yes, explain relationship:
I 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? pl.Yes No•
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? IB'Yes • No
2. Is the proposed location satisfactory for this business? ll!·Yes • No
3. Should the Commission grant this request? (ij·Yes • 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)
/t' - ( (J . ()_J
Sign~ ure (8.1:lefiff-ef Chief of Police) Date
MUSKEGON CITY POLICE DEPARTMENT
LC-1800 Rev. 07/02
,o,,.rO ..-o.J
'l
LIQUOR LICENSE REVIEW FORlv.l
Business Name: ·. >ff:ccf ./)/q,£et:
AKA. Business Name (if applicalble): _ _ _ _ _ _ _ _ _ _ __
0perator/!VIanager's Name:
Business Address: II I/ 9
7llus~ac1,I
Reason for Review:
New License D Transfer of ~w:nership ~ Dance Permit D
Drop/Add Name on License •· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Dead.line for receipt of all information: _ _ _ _ _ _ _ __
Poiice Department Approved ~Denied O No Action Needed D .,,~ c~
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department SignatQre
------------------
Gail A. Kundinger, City Clerk
Liquor License Coordinator
State of Michigan Liquor Control Commission
Jennifer M. Granholm, Governor 7150 Harris Drive
P.O. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909-7505
David C. Hollister, Director (517) 322-1345
Fax: (517) 322-6137
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
October 16, 2003
Request ID: 233193
Muskegon City Council
Attn: Clerk
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Christian Kado, LLC,
requesting to transfer ownership on 2003 SOM licensed business, located at 1149
Wood, Muskegon, Ml 49442 in Muskegon County, from Steven C. Cornell.
Member: Christian Kado, 2263 Lawnel, Muskegon, Ml 49441 (231) 755-0011
Attorney: Michael L. Rolf, 175 W Apple Ave, PO Box 786, Muskegon, Ml 49440-1347
(231) 722-1621
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for
consumption off the premises only. Specially Designated Distributor (SOD) licenses
permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol
by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local
law enforcement agency and investigative forms will be released to them either in
person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control
Act for off-premise licenses, the local governing body, or its designee, may notify the
Commission within 15 days of receipt of this letter if the applicant location will not be in
compliance with all appropriate state and local building, plumbing, zoning, fire,
sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and
ordinances applicable in this case, with a copy of the law and/or ordinance submitted
with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
JD,,.,..10 --o-J
LIQUOR LICENSE REVIEW FOR1'1
Busiiness Name: u/aoJ ·, <:;fee cf fl/qrf'e f:
AKA.. Business Name (if applicable): _ _ _ _ _ _ __ _ _ __ _
Operator/1Vlanager's Name:
Business Address: /If 9
I
Reason for Review:
New License D Transfer of. ~wnership JZI D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved e fowing _D Amount: - - - -
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature_d__~_ -- +-.<-~
--_ _-__,_____ ____
Gail A. Kundinger, City Clerk
Liquor License Coordinator
'>0 ,o J
JD"r .
LIQUOR LICENSE REVIEW FOR.1'1
Business Name: itfoaJ ·,-<;trccf /l/qrfet:
AKA. Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
Operator/lVIanage:r's Name:
Business Add.ress:
Reason for Review:
New License D Transfer of ~wnership ..(81 D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Dead.line fo:r receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed 0
Income Tax Approved D Owing _D Amount: _ _ __
I
Treasurer Approved GZ] Owing O Amount:
Zoning Approved! D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services
Department Signature ~ ~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
'10 --o J
/O'r .
REC~ 1,_1 _
=O .
LIQUOR LICENSE REVIEW FOR1"1 OCT 2 1 2003
CITY OF t/1 , ,LiJUN
Business Name: (l/qr fe f: PLANNING u-r·MRlMENT
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
0peratorJM:anage:r's Name: ~/2c/.s f1 an /fa}o
Business Address: I I ~l 9 Woo J
/llus~ao/ 71//
Reason for Review:
New License D Transfer of ~wnership 0 D
Dance Permit
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockholder Name 0 New Entert~inment Peirmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved ~ Denied • Pending ZBA •
Clerk's App.roved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signatnre W ~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
'] 0 ,o J
JO'r .
LIQUOR LICENSE REVIEW FORJ."1
Busiiness Name: /4iooJ ·, <:; fr:ccf fl/qrf'e f:
-
AK..<\ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
0perator/1\l.lanager' s Name:
Business Address:
Z22us1;?a.o, I
Reason for Review:
New License D Transfer of ~wnership JZJ D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: _ _ _ _ _ _ _ __
PoHce Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing_O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA •
Clerk' s Approved ~Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
1() --o J
JD"r -
LIQUOR LICENSE REVIEW FORJ.'1
Business Name: ir/4oJ ·, c;fcccf ./?/qr;(e f:
AK.A Business Name (if applicalble): _ _ _ _ _ _ _ _ _ _ _ __
Operator/lVIa.nage.r's Name: ~/zc1.'s f1 an /faJo
Business Address: I I ~I 9 Woo J
l22us~a0, 712/
Reason for Review:
New License D Transfer of ~wnership ]2(1 D
Dance Permit
Drop/Add Name on License •- Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance WRemaining Defects
Services
/CJ · oJ.I · Of
Gail A. Kundinger, City Clerk
Liquor License Coordinator
'l O --o J
JD'r .
LIQUOR LICENSE REVIEW FORJ.'1
Busfoess Name: Ll/4o J ·,-<; fr:c cf fl)q r fe f--
AKA,. Business Name (if appiicalble): _ _ _ _ _ _ _ _ _ _ __
Operator/1.Yianage:r' s Name:
Business Add:ress: u/ooJ
Reason for Review:
New License D Transfer of ~wnership 0 D
Dance Permit
Drop/Add Name on License •· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defect ] e1 u,; rec~
Services i ,.JS c.c.. -~ . .w ~er skoJ~
c..~ \ \ 7 :;.). Y- Li 7 I S 6 ~cl~<U.\c..
Department Signature 4c/Jc.J;A fil.
Gail A. Kundinger, City Clerk
Liquor License Coordinator
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
Muskegon City Council October 20, 2003
Clerk
933 Terrace Street
PO Box 536
Muskegon, Michigan 49443-0536 Request I.D.#233194
The Liquor Control Commission has received an application from: CHRISTIAN KADO, LLC
requesting a New Specially Designated Distributor License, located at 1149 Wood, Muskegon
Michigan, 49442, Muskegon County, to be held in conjunction with Proposed Transfer Ownership
2003 Specially Designated Merchant License from Steven C Cornell (R.I.D.#233193).
MEMBER: ATTORNEY:
Christian Kado Michael L. Rolf
2263 Lawnel 175 West Apple Avenue
Muskegon, Michigan 49441 Muskegon, Michigan 49443
Business Phone: (231 )578-6902 Business Phone: (231 )722-1621
Home Phone: (231)755-0011
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption,
off the premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic
liquor, other than beer and wine under 21 per cent alcohol by volume, for consumption off the
premises only.
For your information, part of the investigation of the application is conducted by the local law enforcement
agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise
licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of
this letter if the applicant location will not be in compliance with all appropriate state and local building,
plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable in
this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
jr
· /O-J. y-oJ
LIQUOR LICENSE REVIEW FOR1'1
Business Name:
AKA .Business Name (if applicalble): _ _ _ _ _ _ __ _ _ __ _
Operato:r/lVIanager' s Name:
Business Address: II 'I r Woo JI
llJus l5p=do,, JZJ/
Reason for Review:
. K7f
N ew L 1cense !,4J
sOO Traimsfer of Ownership D Dance Permit D
Drop/Add Name on License •· D
Transfer Location
Drop/Add Stock.holder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~wing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspedion Compliance D Remaining Defects
Services
Department Signature__~ _..;;;_;:.....+<_:;..~..;;;._,.----------
-_ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
FIN62 - ACTRU Page I of I
Invoice Header µ Next Screen
Go to Detail
L... .
..:..;.
(l
Organization # 900
Invoice# .......9832677/
Customer# 422371
Name )STEVEN f.sci\!:LJ<;:!, <;:Qs,R""N=E=L=L_ _ _ _ _ _ _ _ __
Mailing Address#
L~d
Operator
L~ ...J Suppress Print
•
Invoice Total
I 122... ooifil DatefTime of Incident I n503! L. .
Invoice Date
I 1003031 Collection Agency Date
I ol
Open Balance
122.00+ Lite Screen Option
•
NRType ~JL=N~_=L=I=E=N~A=B=L=E~IT=E=M~---....
.i±;J....,. PaymentTerms l3o DUE 30 DAYS-1%/MONT •I
DUE 30 DAYS-1%/MONTH LATE FEE
Description
jMOWING FEE - 1149 WOOD - (D/S) 09/25/03
j# 2 4 2052 4 90007 00
fouESTIONS? CJ\11....DAN C. (231) 724-3900 (7524)
http://ntsci/GEMS/FINANCE/ACTRU .ASP 10/30/2003
. JtJ-J. y-o]
RECEIVED
LIQUOR LICENSE REVIEW FORJ.'1 OCT 3 o 2003
CITY OF MUSKEGON
I / !J · c ,,,i/7 . t PLANNING DEPARTMENT
BusHness Name: _ ___.Wu"'-""--'CJ::..,O::.,;:CY:::,.,.__,"""2'-'-t.,_,=
c e=f _·_L.J./1/c,.....L...=:.a_,_r;"-'-
Yri-= e .,_f_ _ _ __
AK'\ Business Name (if appiicalble): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason fo:r Review:
New License ~ sO~ Transfer of Ownership D Dance Permit D
Drop/Add Name on License •· D
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for :receipt of all information: _ _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owin.g _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • ~ Denied Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~ ~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
. /t)-J. y-o)
LIQUOR LICENSE REVIEW FORlvI
Business Name: _ _.....JM~=oo"'-'J"'--_~S"-'t'-'-,..>::c=e..,_f_....Lll/4..L....L-o~c'-'A...:..ri=ef'--------
AK..\. Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Ope1ratoir/Ma.nager's Name: C/2r/s l1q11 kalo
Business Address:
Reason fo:r Review:
.
N ew L 1cense lv'r
~ "" of·o wnersh1p
sO~ Traims.B.er . • D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Departme.mt Approved D Denied D No Action Needed D
Income Tax Approved• Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA 0
Clerk's Approved ~Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City .Clerk
Liquor License Coordinator
· )0-.1. y-o]
LIQUOR LICENSE REVIEW FORlvI
Bns.iiness Name: ----"'"-M=--=:.o=o-=J_ ___,.,..:;.S..<..t~f'c=c=t_-_ _,_IJ/4L...L..:aQ::!...<f;_,_i-'-re"'-'f
_ _ _ _ __
AKA Business Name (if appikalble): _ _ _ _ _ _ __ _ _ _ __
Operator/Manager's Name:
Business Address:
lJlus /P'[}a,, /7}/
Reason for Review:
so/J
.
New L1cense lvf
~ Transfer of ·O wnersh1p
.
• D Dance Permit
Drop/Add Name on License •· Transfer Location D
Drop/Add Stock.holder Name D New Entert~inment Permit D
Other------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax App.roved • Owing D ~
Amount:
· </r, .- 3i?
~/..11Ji'"::.. <!.:;;:r e,-{'
Tt-..2> /,vV!J c~5
Treasurer Approved
• Owing Amount: I~ l •
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Zoning Approved • Denied D PendingZBA • B....,si:{~
o W N.5.f'.....
ri (,~
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•
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Clerk's Approved D Owing Amount: A I" ... <, s't.tJxll
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Fire/Inspection Compliance D Remaining Defects _ __ __ 1rll,£ /1.1J<f;::JP
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Services
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){jib
/<J/ 7,f5
Department Signature_ _ _ _ _ _ _ _ __ _ _ __ _ __ _
Gail A. Kundinger, City Clerk
Liquor License Coordinator
· 10-:i y-o]
LIQUOR LICENSE REVIEW FORlvI
Bnsiness Name: --~/dt~o:::..So"-"J"-----'':,,,.:S''--'-t,_1c=e.=t_
· _LJ./1/4_,__:::,;o_,__c'-'-/(.--"-e.,_f_ _ _ __
AK.4.. Business Name {if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Opel!'ato:r~anager's Name:
Business Address:
Reason for Review:
New License ~
sOO Tiraimsfer of Ownership D D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing . • Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
FireMnspection Compliance 0 ~!~~ts
Services ~.ll.JVL. -.sit: (I C" ~·I/ fr1,
·72 Y-0 79 c
Gail A. Kundinger, City Clerk
Liquor License Coordinator
· ;b-:1. y-oJ
LIQUOR LICENSE REVIEW FOR1'1
Business Name: --~t'"'"'~a...,;(J;..a;;O...;c.J'---·____..,.. _).tr-=ac-=
. . e..._
f _...,__/J/4L...L..ao.:...:.."...:....
/ (.;.....:;e...:...f_ _ _ __
AKA Business Name (if appiicalble): _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason fo:r Review:
. K7f
New License !,4J
50~ Transfer of Ownership D DDance Permit
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockholder Name D New Entert~inment Peirmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for re£eipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspedion Compliance 0 ; '('C:.5 /AJ fr e,_c..,l~o ~.
Services ;U 0 /VJ~
-1-- 6clcc0~ 1' 7;}. 4 - G, 2I~
Department Signature~ ~ ' 11/ 3/03
I l
Gail A. Kundinger, City Clerk
Liquor License Coordinator
=-,,~-" ,........·~·==·-··===-=···· - ··=-==~===-o~~"~-7
CHRISTIAN A. KADO 1393 iiiii
RAWA S. SADEK '11:ii1
2263 LAWNEL 74-1394/724
MUSKEGON, Ml 49441
231-755-0011
'i
{i
:!:::
~•.·--=;=====w---~•-------=••••,..·--.......
HAHU\ND~W1·· _ _ _ _ _ ,. _ _ _ . - - -
, ..... ,_+•.h•ss>•m••• ............. ,:-:--------:=---fE:::;:::;:ar .• ·: - • ...... .. ·:.............
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assesso r/Equ allzatlon
(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 City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705 November 19, 2003
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 Mr. Christian Kado
Computer Info.
2263 Lawnel
Systems Muskegon,MI 49441
(231 )724-6744
FAX: (231)722-4301
Dear Mr. Kado:
Engineering Dept.
(231)724-6707
FAX: (231)727-6904
This letter is to inform you that your request for a new SDD license to be held in
Finance Dept. conjunction with the proposed ownership transfer of the 2003 SDM license from
(231)724-6713
FAX: (231)724-6768
Steven Cornell at 1149 Wood will be presented to the City Commission on
November 25, 2003. This meeting begins at 5:30 p.m. and is located in the
Fire Department
(231)724-6792 Commission Chambers, 933 Terrace, Muskegon, MI.
FAX: (231)724-6985
Income Tax This request has also been sent to the McLaughlin Neighborhood Association for
(231 )724-6770
FAX: (231)724-6768
their comments. It is Commission practice to let the Neighborhood Association
know of any liquor license requests that are located within their boundaries. This
Inspection Services
(231)724-6715 allows for comments from the people who live there and not just from the owners
FAX: (231)728-4371 of the business' who are located there.
Leisure Services
(231 )724-6704 If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)724-1196
Mayor's Office
(231)724-6701
Sincerely,
FAX: (231)722-1214
Planning/Zoning
(231 )724-6702
FAX: (231)724-6790
Linda Potter
Police Dcptartment Deputy Clerk
(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 BIiiing 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
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
6161724-6708
FAX/724-O78
Cemetery
616/724-6783
F AX/726-5617
Civil Scr\'ice
616/724-6716
F AX/724-4055 West Michigan's Shorellne City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Sen-ices November 19, 2003
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Ms. Renee Pastoor, President
Finance McLaughlin Neighborhood Association
616/724-6713
FAX/724-6768
P.O. Box 244
Muskegon,Ml 49443
Fire Def)!.
616/724-6792
FAX/724-6985 Dear Ms. Pastoor:
Income Tax
616/724-6770 We have received a request from the Liquor Control Commission reference Mr.
FAX/724-6768
Christian Kado's desire to transfer ownership of the 2003 SDM license from
Info. Systems Steven C. Cornell, Wood Street Market, 1149 Wood Street. He is also asking for
616/724-6706
FAX/722-4301 a new SDD license. A SDM license permits the sale of beer and wine for
Leisure Sen-ice
consumption off the premises only; and a SDD license permits the sale of
616/724-6704 alcoholic liquor, other than beer and wine under 21 percent alcohol by volume,
FAX/724-1196
for consumption off the premises only. On Tuesday, November 25, 2003, the
Manager's Office City Commission will review this request and determine whether or not it should
6 I 6/724-6724
FAX1722-1214 be recommended for approval.
Mayor's Office
616/724-6701 You are being sent this notice because the City Commission would like to know
FAX/722-1214 how the Neighborhood Association feels and would appreciate any comments that
Neigh. & Const. they may have. You may send these comments to 933 Terrace, Muskegon, MI
Scr\'ices
616/724-6715
49440 or attend the City Commission Meeting on November 25, 2003, at 5:30
FAX1726-2501 p.m. in the Commission Chambers.
Planning/Zoning
6!61724-6702 If you have any questions, please feel free to contact me at 724-6705.
FAX/724-6790
Police De11t. Sincerely,
6161724-6750
FAX/722-514ll
Public Works
616/724-4100
FAX/722-4188 Linda Pott er
Treasurer Deputy Clerk
616/724-6720
FAX/724-6768
Watl'r Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MICHIGAN DEPARTMENT OF ¢OMMERC:E
LIQUOR CONmOL COMMISSION
RESOLUTION
2003-9~(c)
At a _R_e~g~u..,,l~a=r--e-....,...,-
(fbgular, or SjJecial)
-- - meeting of the _ _...:C:..:1=-·.t;;..Y___;C:....
.. . o:..:m=m:.:i:.:s:..:s::..::.i..::o;.:.n:..-_ _ __ _ __
(Town8111p Boatd, CJIY ol VIiiage CoWICJI)
called to order by Mayor Warmingtonon November 2 5. 200 3 at 5; 30 PJl,t
the following resolution was ottered:
Moved by Vice Mayor s·chweifler and Supported by Commissioner Gawron
That the request from Christian Kado, LLC, 1149 Wood Street, Musk.egon ,
MI 49442, tb transfer ownership of the 2003 SDM license~ business
from Steven C. Cornell and request a new SDD license.
be considered for nisappravaJ (Approval or Dllapprovall
Approval Disapproval
Yeas: Yeas: 4
Nays: Nays: 1
Absent: Absent: 1
Abstain : 1
It is the consensus of this legislative body that the application be (Atcamm• ndltd o,
_N_o_t_R_e_c_o_m....;.m_e-'--'-"n-'-d'"-'e___d'--_ for issuance.
not Alicammendedl
State of Michigan ) SS
County of Muskegon
I hereby certify that the foregoing is a true and complete copy of a resolution ottered and adopted by the
City Commiss ion at a --~R.s:e~gcu~l£!a~r'------------
tR-a111• r or Sptc1a11
meeting held on the 25th o f November, 2003.
(ODie)
(Signed) -· ~ Q.~L-,~
Cl•n•1.-,..Q-
(Towmnip. City. or Village
Gail A. Kundin g er, City Clerk
9 3 3 Terrac e, Mu s k.eg.Q_!}_i__]1.L 4944 0
(Midi- of Tawnontp, Ci!y at V1ll• 11• Botrdl
SEAL
(1QMPLETETJtl$ $?C:IJQN 9(11 DELIVERY
• Complete items 1,. ~ d 3. Also complete A. Received by (Please Prmt Clearly) : I• • 1 I• •
item 4 if Restr~elivery is desired.
• Print your name and address on the reverse
C. Signature
so that we can return the card to you.
• Attach this card to the back of the mailpiece, D Agent
X D Addressee
or on the front if space permits.
'' OP.MlilBIGl<lls
1. Article Addressed to:
a'fr~ress below: D No
'11,r /rf o-l' Cw}Jl{IOSr t;MQ
Znd,u f:;,:£, Ser•v,,~e.s lJ t..; - 2003
I . I'.) ~
,../(i t/Clr
I/ Vc,,1fro/' '
0/11/>11'.t.S;
'o,,-
1
71..ro //qrr,'~ ,l),,.,'//e_ 3. Servi e ...ING. MICH\G · ~
~ cJrfitied Mail D Express Mall
/!tJ. /J,,x 3ooot,- D Registered D Return Receipt tor Merchandise
'D Insured Mai! D C.O.D.
L<1/lo, i,;,,, /?l/ r'r !',;,,,9 4. Restricted Delivery? (Extra Fee) • Yes
. Article Number (Copy from service fabelj
zo{)o o.rao oo/1/ JZt'.Z o2.s---~ z
-S Form 3811 , July 1999 Domestic Return Receipt 102595-00-M-0952
FAX: (2ji)72&.:2501
Computer Info. Liquor Control Commission
Systems
(231)724-6744 7150 Harris
FAX: (231)722-4301 PO Box 30005
Engineering Dept, Lansing, MI 48909-7505
(231)724-6707
FAX: (231)727-6904
REF: #233193and233194
Finance Dept.
(231)724-6713
1149 Wood Street
FAX: {231)724-6768 Muskegon,MI 49442
Fire Department
(231)724-6792 To Whom It May Concern:
FAX: (231)724-6985
Income Tax Enclosed is the Resolution and LC-1800 forms for 1149 Wood Street.
(231)724-6770
FAX: (231)724-6768
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Inspection Services
{231)724-6715
FAX: (231)728-4371
Sincerely,
Leisure Services
(231)724-6704
FAX: (231)724-1196
Mayor's Office
(231)724-6701 Linda Potter
FAX: (231)722-1214
Deputy Clerk
Plnnnlng/Zonlng
(231)724-6702
FAX: (231)724-6790 Enc.
Police Deptarlment
(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
Waler BIiiing Dept,
(231)724-6718
FAX: (231)724-6768
Waler Filtration
(231)724-4106
FAX: (231)755-5290 City of Muskegon, 933Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
ww,v.shorelinecity.com
AGENDA ITEM _ _ _ _ _ _ _~
MEMORANDUM
To: Mayor and City Commission
From: Lee J. Slaughter, Assistant City Manager
Date: November 18, 2003
Re: Legal Services Provider
SUMMARY OF REQUEST
The City requested proposals from Law Firms wishing to provide the City's legal
services. We received only one proposal and it was submitted by the City's current legal
service provider, Parmenter O'Toole.
We have reviewed the proposal and can not provide reason( s) why their proposal should
not be accepted and approved.
FINANCIAL IMPACT
Pay Annual Retainer Fees as follows: 1/1/04 - 12/31/04 $360,000
1/1/05 --12/31/05 $378,000
1/1/06 -12/31/06 $396,000
See attached document.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
To authorize the Mayor and the City Clerk to sign a three-year contract with Parmenter
O'Toole to serve as the City's chieflegal service provider.
COMMITTEE RECOMMENDATION
None.
PROPOSAL FOR LEGAL SERVICES
Parmenter O'Toole, P.C.
175 W. Apple At First, P.O. Box 786
Muskegon, Michigan 49443-0786
We present our proposal for legal services to the City of Muskegon, in response to the request for
proposals sent October, 2003. The firm desires to continue its services to the City as its attorneys. The
firm, its lawyers and staff, have worked for the City for a number of years and are economically
involved in the City. We work here, make our livelihoods here and spend our money here. We believe
our proposal is particularly responsive to the City's needs. The firm proposes that John C. Schrier be
appointed City Attorney and James R. Scheuerle be appointed Assistant City Attorney.
G:\EDSI\FI LES\001 00\0000\MISC\867941.DOC
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made between the CITY OF MUSKEGON, hereinafter called
"the City," and PARMENTER O'TOOLE, LLC., hereinafter known as "the Law Firm," JOHN
C. SCHRIER and JAMES R. SCHEUERLE, the law firm and the said persons being sometimes
referred to collectively as "the attorneys."
RECITALS:
1. The City of Muskegon is a home rule city, organized by charter, which provides
for the office of City Attorney.
2. The City makes this agreement for the purpose of naming the City Attorney and
the Assistant City Attorney, and further to provide for legal services to the City by the said Law
Firm and John C. Schrier and James R. Scheuerle.
3. The City Attorney and the Assistant City Attorney are expected to be members of
the Law Firm, and the City believes it necessary and advisable to contract with the Law Firm as
well as the City Attorney and Assistant City Attorney because of the extent and scope of legal
services necessary to be performed.
THE PARTIES THEREFORE AGREE:
1.0 APPOINTMENT OF CITY ATTORNEY, ASSISTANT CITY ATTORNEY
AND RETENTION OF LAW FIRM.
1.1 The City appoints John C. Schrier, City Attorney, pursuant to charter, and James
R. Scheuerle as Assistant City Attorney. The said attorneys accept the appointments, committing
to perform their legal duties to the best of their ability and in accordance with the highest
standards of the legal profession, both as to standards oflaw practice and its ethics and rules of
professional conduct.
1.2 John C. Schrier and James R. Scheuerle shall exercise their appointments in
connection with their practice as members of the Law Firm, and the City therefore retains the
Law Firm for the performance of the legal services described herein. Members of the Law Firm
are authorized to appear as Special Assistant City Attorneys.
2.0 COMPENSATION FOR SERVICES.
2.1 Compensation shall be by fees for services payable to the Law Firm. No
additional compensation shall be due to the City Attorney or Assistant City Attorney or any other
member of the Law Firm by virtue of their appointments made pursuant to this agreement.
G:IEDSI\FILES\00100\0000IAG\BA7130.DOC
2.2 The schedule of fees shall be the proposed retainer fee and hourly fees set forth in
Exhibit 1, the Proposal for Legal Services, attached and incorporated herein. The parties agree
that, as set fo1ih and explained further in Exhibit 1, the fees and expenses for alternative
representation of the City in the event of conflicts shall not be deducted from the retainer or the
fees of the Law Firm.
2.3 The fees to be paid to the Law Firm for the first three years of the term are set
forth in Exhibit 1. Before the end of the third year of the term, the paiiies shall review the
services and fees of the Law Firm to determine appropriate fees for the balance of the five year
term of this agreement.
3.0 TERM AND TERMINATION.
3 .1 The term of this agreement is three (3) years, beginning January 1, 2004.
Renewals may occur only on mutually agreeable terms.
3.2 Either party reserves the right to terminate this agreement on 90 days notice or in
the event of a material breach of the terms and conditions hereof by the other.
3.3 Notwithstanding the above provisions, the City Charter concerning the
appointment of the City Attorney shall prevail, and nothing herein is intended to abrogate those
prov1s10ns.
4.0 DESCRIPTION OF SERVICES; COMPENSATION.
4.1 SERVICES TO BE INCLUDED IN THE RETAINER.
4.1.1 Attendance at all regular and special City Commission meetings.
4.1.2 Attendance, as needed, at meetings of committees of the City
Commission, Zoning and/or Housing Board of Appeal, the Civil Service
Commission, Pension Boards, etc.
4.1.3 The rendering of legal advice and opinions, preparation and drafting
services in connection with the City Charter or Charter revisions/amendments,
preparation of legal documents, drafting of ordinances and resolutions, and
consultation on City matters with the City Commission, City Manager, Assistant
City Manager, and department heads.
4.1.4 Appearance in court for the prosecution of ordinance violations, including
criminal complaints and civil infractions, and lawsuits for injunctions and civil
enforcement of civil ordinances.
4.1.5 Labor negotiations, arbitration, and advice on labor relations and
personnel matters.
G:\EDS!\FILES\00100\0000\AG\BA7130.DOC
2
4.1.6 Services rendered in connection with Authorities or other entities
associated with the City regardless of the funding source. Such bodies include,
but are not limited to, the Downtown Development Authority, Tax Increment
Finance Authority, Local Development Finance Authority, and the Hospital
Finance Authority and the Brownfield Development Authority.
4.1. 7 Appearance and prosecution of defense of cases before the Michigan Tax
Tribunal or State Tax Commission.
4.1.8 Work associated with bond issues, except for the duties traditionally
required of Bond Counsel.
4.1.9 Real estate transactions and condemnation proceedings.
4.1.10 Possible defense of the City in litigation subject to insurance coverage.
5.0 GENERAL CONDITIONS.
5.1 COORDINATION. The City Attorney shall coordinate the services of the
Assistant City Attorney and members of the Law Firm on City matters.
5.2 EXPENSES. Expenses set forth in Exhibit 1 shall be separately charged.
5.3 BILLINGS AND COMPENSATION. Payment of compensation shall
generally be made on a monthly basis. Billings for monthly increments of the retainer,
extraordinary services and other funded services shall be rendered promptly and monthly in form
and substance as set forth in the fee schedule. Billings for expenses shall also be rendered
monthly. The attorneys shall maintain records of time and services, which shall be available for
inspection by the City Manager at reasonable times.
5.4 INDEPENDENT CONTRACTORS. The City Attorney, the Assistant City
Attorney and the Law Firm are not employees of the City. They are determined to be
independent legal counsel and independent contractors.
·· 5.5 MALPRACTICE INSURANCE. The attorneys commit to carry legal
malpractice insurance through the policy or policies issued to the Law Firm.
5.6 SUPPLIES. Generally, the firm shall have its own supplies and office
equipment. On occasion supplies will be required for City services and, with the approval of the
City Manager and by his authority, the City will furnish same at its expense. By way of
example, City stationery will normally be supplied by the City.
5.7 CONFLICTS OF INTEREST. The attorneys agree to exercise their best efforts
to avoid representation of any person, party or entity in any cause contrary to the interest of the
City. The attorneys and firm shall absolutely desist from representing any private person or
entity on any matter in which the City is or may become an opposing party.
G:\EOS I\F llES\00100\0000\AG\BA 7130. DOC
3
The parties understand that the attorneys currently represent a number of clients,
including businesses, private parties and municipalities. Where a potential conflict of interest
because of such representation may occur, the parties shall proceed as follows:
5.7.1 In the event of a potential conflict of interest, the City Attorney shall identify the
conflict and infonn both parties in writing identifying the potential cause of conflict.
5. 7.2 The City shall determine whether the conflict is material, and if it determines that
it is not, instruct the City Attorney to continue representation of the City; provided, however, the
City Attorney and the Law Firm may determine that the conflict cannot be overcome and advise
the City accordingly, taking steps to assist in obtaining alternative representation of the City and
of the other party.
5.7.3 In the event the City determines that the conflict is material, the City shall so
inform the City Attorney and the City Attorney shall assist the City and the other party in
obtaining alternative representation for that matter.
5.7.4 In the event the City authorizes the attorneys to continue representation of the
City in the matter, the attorneys shall do so in a manner that avoids disclosure of confidential
communications to any member of the Law Firm representing the other party and the City
Attorney shall not represent the other paiiy in connection with that matter.
5.7.5 The attorneys especially commit not to represent any party against the City in any
matter of litigation.
5.7.6 Notwithstanding the above, the attorneys shall act in accordance with the letter
and spirit of the Michigan Rules of Professional Conduct ("MRPC") as adopted by the Michigan
Supreme Court as they apply to any matter involving a conflict of interest or potential conflict of
interest. In case the MRPC conflict with this agreement, the MRPC shall prevail.
6.0 COUNTERPARTS. This agreement may be executed in multiple counterparts.
Any copy of this agreement may be relied upon as the original. Amendments to this agreement
must be in writing on documents of equal dignity with this agreement.
7.0 CONTINUITY/BENEFIT. In the event the Law Firm experiences the addition
of personnel or there are changes in membership of the Law Fi1m, this agreement shall continue
in effect unless such change adversely affects the representation of the City. The City Attorney
and Assistant City Attorney shall be members of the Law Firm.
G:\ED S I\FILES\00100\0000\AG\BA7130. DOC
4
IN WITNESS WHEREOF, the parties execute this agreement this_ day of
_ _ ____,200 .
CITYOFMU
PARMENTER O'TO
ty Attorney
By~,/,/~
Jarols R. Scheuerle
Kssrntant City Attorney
G:IEDSIIFILES\00100\0000IAGIBA7130.00C
5
PROPOSAL FOR LEGAL SERVICES
Parmenter O'Toole, P.C.
175 W. Apple At First, P.O. Box 786
Muskegon, Michigan 49443-0786
We present our proposal for legal services to the City of Muskegon, in response to the request for
proposals sent October, 2003. The firm desires to continue its services to the City as its attorneys. The
firm, its lawyers and staff, have worked for the City for a number of years and are economically
involved in the City. We work here, make our livelihoods here and spend our money here. We believe
our proposal is particularly responsive to the City's needs. The firm proposes that John C. Schrier be
appointed City Attorney and James R. Scheuerle be appointed Assistant City Attorney.
G:IEDSI\FILES\0010010000\MISC\B67941.DOC
TABLE OF CONTENTS
Firm Qualification ............................................................................................................................... 1
Municipal and Public Corporation Clients .......................................................................................... 1
Municipal Clients Formerly Served ...................................................................................................... 1
Legal Staff ....................................................................................................................................... 2-4
Description of Services and Proposal .................................................................................................. 4
A. Services to be Included in the Retainer..................................................................... 4-6
B. Comment.. ..................................................................................................................... 6
C. Significant Expansion of Services ............................................................................ 6-7
Conflicts ............................................................................................................................................... 7
Computer Connection ......................................................................................................................... 8
Malpractice Insurance .......................................................................................................................... 8
Summary Comments ........................................................................................................................... 8
G:IEDSI\FI LES\00100\0000\MISC\B67941.DOC
Firm Qualifications
This firm represents an extensive group of clients including individuals, businesses and
municipalities. A considerable part of our practice is and has been service as municipal and public
corporation counsel. The firm's Martindale-Hubbell rating is "AV".
Municipal and Public Corporation Clients
1. The City of Muskegon - representation in all areas. The Muskegon City Attorneys have been
partners of this finn since 1961.
2. Sullivan Township - general counsel in all areas. We have represented Sullivan Township
since 1976.
3. City of Montague - the firm has represented the City of Montague for labor matters since
1988 and general counsel since 1993.
4. City of North Muskegon - The finn has represented the City of North Muskegon since
1996, and previously assisted the City in connection with its charter revision process.
5. Greenwood Township - The firm has represented Greenwood Township since 1997.
6. Village of Lakewood Club - The finn has represented the Village of Lakewood Club since
1998.
7. Central Operations For Police Services (911)-The finn has represented "Central Dispatch"
as general counsel since January 1, 2002.
Municipal Clients Formerly Served
1. Muskegon County - we represented Muskegon County in several labor matters and special
projects from 1982 through 1987.
2. City of Muskegon Heights - the finn formerly represented the City of Muskegon Heights on
labor matters for several years until 198 8 and as counsel to the Charter Commission.
3. White River Township - general counsel in all areas. We represented White River Township
between 1970 and 1994.
4. Fruitland Township - general counsel in all areas from 1990 through 1998.
5. Montague Volunteer Fire Distiict - the firm has represented the Montague Volunteer Fire
District from 1994 through 2002.
6. City of Whitehall - the firm has represented the City of Whitehall on water and sewer matters
and conflict matters.
G:IEDSIIFILES\001 0010000\MISC\B67941 .DOC
1
Legal Staff
The firm has twenty-one active lawyers, all of whom may perform work for the City of
Muskegon. If retained, the firm suggests appointment of John C. Schrier as City Attorney,
and James R. Scheuerle as Assistant City Attorney.
The members of the firm who will serve the City, with their educational and practice
concentrations, as well as particular highlights of their practice, are as follows:
John C. Schrier Education: Hope College (B.A., 1978); Wayne State University
(M.P.A., 1980); University of Detroit (J.D., 1984); Citizens
Research Council ofMichigan, 1978-83; Staff, Michigan House
of Representatives, 1983; Assistant Muskegon City Attorney,
1990-2002 and City Attorney from 2002-present; Montague
City Attorney 1993-present; North Muskegon City Attorney
1996-present. Practice concentrated in labor law, municipal and
public corporation law.
James R. Scheuerle Education: Hope College (B.A., 1985); Detroit College of Law
(J.D., cum laude, 1989). Assistant Muskegon City Attorney,
2002-present. Practice concentrated in creditors rights,
bankruptcy, consumer collections and commercial collections.
Thomas J. O'Toole Education: Marquette University (Ph.B., 1948); University of
Michigan (LL.B., 1951). Phi Alpha Delta Legal Fraternity;
Muskegon City Attorney 1978-89; Special Assistant Attorney
General, 1961-present; Muskegon County Bar President 1969;
Practice concentrated in municipal and public corporation law;
real estate and litigation.
Linda S. Kaare Education: Northern Michigan University (B.A., 1977); Cooley
Law School (J.D., 1986). Assistant Muskegon County
Prosecutor, 1987-1989. Former Law Clerk to Benjamin F.
Gibson, U.S. District Court, Western District of Michigan
1986-87. Practice concentrated in retirement plans and
employee benefits law.
Eric R. Gielow Education: Western Michigan University (B.A., summa cum
laude, 1977); Thomas M. Colley Law School (J.D., cum laude,
1981). Practice Areas: Environmental; litigation law.
G:\EDSI\FILES\001 00\0000\MISC\867941.DOC
2
John M. Briggs Education: University of Michigan (A.B., 1964); J.D., 1967;
Practice concentrated in real estate, property tax appeals, and
business law.
Scott R. Sewick Education: Central Michigan University (B.S., 1994); Detroit
College of Law at Michigan State University (J.D., Magna Cum
Laude, Deans List, 1998). Practice concentrated in commercial
litigation.
Dawn M. Goodwin Education: Grand Valley State University (B.A., 1996); Thomas
M. Cooley Law School (J.D., 2000). Practice concentrated in
municipal law and litigation.
Thad L. McCollum Education: Western Michigan University (B.A., 1992);
University of Michigan (M.P.A., Public Administration, 2001;
J.D. 2002). Regional Representative to Senator Carl Levin,
1992-1996. Practice Areas: Municipal Law; Zoning, Planning
and Land Use; Environmental Law; Property Law.
The following members of the firm would not normally perform City work, but their expertise is
available on a continuing basis:
Eric J. Fauri Education: University of Delaware (B.A., 1963); University of
Michigan (J.D., with distinction, Phi Beta Kappa, Phi Kappa Phi
1966). Practice concentrated in banking, business and real estate
law.
W. Brad Groom Education: University of Michigan (B.A., 1976); University of
Detroit (J .D., Magna Cum Laude, 1980). Practice concentrated in
business law and commercial litigation.
Jeffrey A. Jacobson Education: Michigan State University (B.A., 1999); Thomas M.
Cooley Law School (J.D., 1998); Case Western Research
University Law School (LLM, Taxation). Practice concentrated in
__ business and taxation law.
George W. Johnson Education: University of Michigan (B.A., with distinction, 1971 );
University ofDenver (J.D., 1975). Practice concentrated in
professional corporations, pension and profit-sharing and taxation.
Christopher L. Kelly Education: University of Michigan (B.A., 1982); California
Western School of Law (J.D., 1985). Practice concentrated in real
estate, litigation, business and corporate law, and bankruptcy.
Scott M. Knowlton Education: Central Michigan University (B.S., Business
Administration, 1994); Detroit College of Law at Michigan State
G:\EDSI\FILES\00100\0000\MISC\B67941.DOC
3
University (J.D., summa cum laude, 1998). Practice Areas:
Business Acquisitions; Corporate Law; Commercial Real Estate.
Michael M. Knowlton Education: Alma College (B.A., 1965); Wayne State University
(J.D., 1968). Assistant City Attorney, 1973-1988. Muskegon
County Bar President, 1972-1973. Practice Areas: Real Estate;
Business Law; Corporate Law.
Keith L. McEvoy Education: UniversityofMichigan (B.B.A., 1982); Suffolk
University (J.D., 1992). Practice concentrated in real estate,
business and corporate law.
William J. Meier Education: Tufts University (B.A., 1987); Boston University
(M.B.A., 1991); The John Marshall Law School (J.D., 1994).
Practice concentrated in corporate and business law.
Michael L. Rolf Education: University of Cincinnati (B.B.A., 1967; J.D., 1970).
Member, Board of Editors, Cincinnati Law Review, 1968-70.
Practice concentrated in corporate and business law.
Philip M. Stoffan Education: Michigan State University (B.A., 1969; M.A., 1982);
Eastern Michigan University (M.B.A., 1986); University of
Maryland (J.D., 1993). Practice concentrated in managed health
care, health and hospital, and business and corporate law.
Arma K. Urick-Duggins Education: Albion College (B.A., summa cum laude, 1994); Wayne
State University Law School (J.D., Phi Beta Kappa 1997). Practice
concentrated in business law and estate planning.
Description of Services and Proposal
The request for proposals requests a single proposal for all legal services, excluding certain
specified areas.
A. Legal Services
As to this proposal, the Firm would propose to act as legal counsel for the City, specifically
including:
I. Attendance at all regular and special City Commission meetings.
2. Attendance, as needed, at meetings of committees of the City Commission, Zoning
and/or Housing Board of Appeal, the Civil Service Commission, Pension Boards, etc.
G:\EDSI\FILES\00100\0000\MISC\B67941.DOC
4
3. The rendering oflegal advice and opinions, preparation and drafting services in
connection with the City Charter or Charter revisions/amendments, preparation oflegal
documents, drafting of ordinances and resolutions, and consultation on City matters with
the City Commission, City Manager, Assistant City Manager, and department heads.
4. Appearance in court for the prosecution of ordinance violations, including criminal
complaints and civil infractions, and lawsuits for injunctions and civil enforcement of
civil ordinances.
5. Labor negotiations, arbitration, and advice on labor relations and personnel matters.
6. Services rendered in connection with Authorities or other entities associated with the City
regardless of the funding source. Such bodies include, but are not limited to, the
Downtown Development Authority, Tax Increment Finance Authority, Local
Development Finance Authority, and the Hospital Finance Authority and the Brownfield
Development Authority.
7. Appearance and prosecution of defense of cases before the Michigan Tax Tribunal or
State Tax Commission.
8. Work associated with bond issues, except for the duties traditionally required of Bond
Counsel.
9. Real estate transactions and condemnation proceedings.
10. Possible defense of the City in litigation subject to insurance coverage.
The City has estimated, and our experience would suggest, that the Firm will spend 3,600
billable hours on behalf of the City for the above referenced representation. Over the last three
years, in an effort to control legal expenses, we have done the following:
I) Arranged with the District Court to permit certain pleas to be implemented
without our, and police officer's, presence in court;
2) Prepare certain documents that City staff use, as opposed to our office preparing
the document each time;
3) Terminate the service of allowing citizens to seek prosecution in the absence of a
request from the Muskegon Police Department; and
4) Worked with City staff standardizing pleadings and process in dangerous building
matters.
G:\EDSI\FILES\00100\0000\M!SC\86 7941.DOC
5
The Firm proposes that the retainer for the above services be contracted for as follows:
Amount
2004 $360,000
2005 $378,000
2006 $396,000
To the extent that the number of hours exceed 3,600 per year, the Firm would expect to be
compensated for additional hours at the rate of $100 per hour in 2004, $105 per hour in 2005,
and $110 per hour in 2006. To the extent that the number of hours are less than 3,600 per year,
the Firm would reimburse the City at the same rates. The Firm would prefer to have the
modification occur on a semi-annual basis, but would be amenable to working with the City on
this. This arrangement has worked very well in the last three years and has resulted in a better
use of legal services.
The Firm has, and continues, to evaluate the potential for using paralegals. If the Firm deems it
feasible to have paralegals perform work for the City, under the supervision of an attorney at the
Firm, the Firm would bill the paralegal at one-half of the then established rate for attorneys.
B. Comment
Since 2000, the City and Firm agreed to a retainer with compensation increased or decreased in
June and December. This has resulted in a reduction of hours and the Firm would propose to
continue that practice.
C. Significant Expansion of Services
Eight years ago, the Firm submitted its proposal with the concept that five attorneys would be
working on "retainer". Today, our proposal contemplates that nine attorneys would be working,
within their specialties, on "retainer". This is a function of the Firm adding personnel and
specialties which are useful in City work.
We believe we are all available to serve the City, with our specialties in mind. However, a great
majority of the service would be performed by those who are most familiar with problems that
the City will face over the next few years. Therefore, some members will be most closely
involved with the City:
John C. Schrier - Would be named as City Attorney. Would attend most City Commission
meetings and prepare most legal opinions for the City. Contracts involving real estate, economic
development matters, employment matters, and most other agreements would be drafted,
negotiated and prepared by him, as would local work in connection with bond issues. He would
assist in City prosecutions and court cases enforcing City ordinances, and work as part of any
G:IEDSI\FILES\00100\0000\MISC\B6 7941 .DOC
6
team responsible for enviromnental matters, Tax Tribnnal matters, real estate transactions and
documentation, condemnation proceedings and defense of litigation.
James R. Scheuerle - Would be appointed Assistant City Attorney. He would be available for
all the work and responsibilities of the City Attorney in John Schrier's absence, and would attend
some City Cormnission meetings. In addition his primary responsibilities would serve the City
in creditor bankruptcy, collection and landlord/tenant matters. He would assist in City
prosecutions and court cases enforcing City ordinances, and defense of litigation.
John M. Briggs - In the event the City needs legal advice on real property tax appeals, Jack
Briggs who specializes in real estate and tax appeals would advise the City in those matters.
Linda S. Kaare - In the event the City needs legal advice regarding various pension matters,
Linda S. Kaare who specializes in her practice in employee benefits and retirement and pension
plans, would advise the City in those areas.
Eric R. Gielow - In the event the City needs legal advice on enviromnental matters, Eric Gielow
who specializes in enviromnental matters would advise the City in that area.
Dawn Goodwin - Dawn Goodwin would be primarily concerned with prosecutions under City
Ordinances for criminal matters and civil infractions.
Thomas J. O'Toole - Mr. O'Toole would be available to provide assistance, primarily in
litigation and economic development areas.
Scott R. Sewick - Scott Sewick would be primarily concerned with City litigation.
Thad L. McCollum - Thad McCollum would be concerned with a variety of municipal issues.
Conflicts
Conflicts may occur from time to time, especially since the firm has many business and personal
clients. In the past, we have been sensitive to such situations, and we would continue to monitor
all matters which produce, or have the potential to produce, conflicts of interest. In an effort to
minimize conflicts, the firm has refused a number of clients. _
If at any time it is perceived or determined by the City or by this firm that a conflict exists, the
ethics of the legal profession require that the facts must be immediately cormnunicated to the
City and the other client, and the opportunity for alternative representation of both parties
afforded. Where a true conflict arises, we would be unable to represent the City or the other
client and separate counsel for each would be obtained.
G:\EDSI\FILES\00100\0000\MISC\867941.00C
7
Computer Connection
In our relations with the City, this Firm and the City have become increasingly reliant on e-mail
communication, including attachments. We presently transfer documents via e-mail and would
expect to continue that practice. We, and City staff, are fully able to access, review and respond
to documents from the other. We expect that practice to continue, and increase.
Malpractice Insurance
The firm carries $5 million Dollars in malpractice insurance annual limit. The company
presently insuring the firm is Professionals Direct Insurance Company.
Summary Comments
In representing the City of Muskegon since 1961, the firm has always geared its practice
primarily in ways that best serve the City's need for good advice and representation in municipal
matters. Several of our members are conversant with and receive continuing education and
literature regarding the municipal field. They are members of the sections of the State Bar and of
the American Bar Association and participate in sharing information through the Michigan
Association of Municipal Attorneys which afford the best sources of current legal literature as
well as practice standards.
This firm has enjoyed, as a group and individually, working with the City Commissioners and
staff. We believe the work to be challenging and very significant. Representing municipalities
is important to us, and we hope that our good relationship can continue in productive ways. Our
proposal attempts to be sensitive to the City's financial condition. We have in the past and will
continue to seek ways to reduce legal fees for the City.
By/4nk½
r e s R. Scheuerle --
G:\EDSI\FILES\001 00\0000\MISC\867941 .DOC
8
RFP-Legal Services- Muskegon
Page]
CITY OF MUSKEGON
LEGAL SER VICES PROPOSAL
Name and Address ofFirm: Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49440
Telephone Number: (231) 722-1621
Name of Person Designated as City Attorney: John C. Schrier
Name of Person Designated as Asst. City Attorney: James R. Scheuerle
Annual Retainer Fee: January 1, 2004 - December 31, 2004 $ 360,000
January 1, 2005-December 31, 2005 $ 378,000
January 1, 2006 - December 31, 2006 $ 396,000
Hourly Rate For: January 1, 2004-December 31, 2004 $100 /hr.
January 1, 2005-December 31, 2005 $~hr.
January 1, 2006-December 31, 2006 $110 /hr.
(on a separate sheet detail the types of work to be excluded from the retainer and compensated on an hourly
basis).
Please indicate any additional costs that will be charged separate from the amounts indicated above (e.g.
postage.fax, etc):
To the extent that hours are greater or less than 3,600 per year, semi-annual adjustments
shall be made. Out of town travel, meals, and lodging at the city rates. Court costs,
fees, etc. for litigation. Unusually extensive photocopying and outside printing. To
the extent the firm is able to handle some of the work by paralegals, the work will be
billed at one-half (1/2) of the attorney rate.
igned by Authorized Representative of the Firm
(Date)
Affirmative Action
/231 }724-6703
FAX: (231)722-1214
~)s!'\s·/fJ'.f~~alizalion
FAX: (231)726-5181
Citv Mana~er
(23ll724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
l<'AX: (231)724-4405 MEMORANDUM
Clerk
r2311724-61os
FAX: (231)724-4178
To: Mayor Warmington, City Commissioners and City Manager
From: Lee J. Slaughter, Assistant City Manager{,$·
Community and Copy: Tim Paul, Finance Director/ ·
,2~N1faJHi~ccs
FAX: (231)726-2501 Gail Kundinger, City Clerk
Date: October 30, 2003
Computer Info. Re: Legal Services Bid Proposal(s) Per RFP
,2lH~'iT.i144
FAX: (231)722-4301
Attached please find the sole bid proposal received from Parmenter O'Toole. A copy of
the timeline is also attached as a reminder of the next step(s). Please note that the
timeline anticipated more than one proposal being submitted. Having received only one
Finance D~t. · bid proposal, you might want to award the contract at an earlier meeting or advise staff of
(2311724-6713
FAX: (231)724-6768 other options you might want to consider.
Also note that you might like to address this issue at your upcoming Community
Relations Committee (CRC) meeting scheduled on Monday, November 3rd • Staff liaison
Income Tax
(231\724-6770
to the CRC will consider the point in consultation with the CRC Chairman for his
FAX: (231)724-6768 direction on whether to do so. If it is decided not to place the item on your CRC agenda,
we will proceed according to the set timeline --- unless of course, advised otherwise.
ffjfffl~~~ft~rvk~s
FAX: (231)728.-4371
Further direction would be very much appreciated.
Leisure Servii::es
(231)724-6704
FAX, (231J12•-11•6 Thank you.
Plannin~Zoning
(231\72,-6702
FAX: (231)724-6790
Treasurer's Office
(231l724-6720
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
TIJIETABLE FOR ENTERING INTO A GREET1lfENT(S)
TO PROVIDE
THE CITY OF IIIUSKEGON LEGAL SERVICE(S)
FOR THE PERIOD
01101/04 TO 12131/06
Thurs. Sept. 11 .............. Legal Services 2000 Report to C.M and Commissioners/or
Review and comments
Tues. Oct. 7 ............... ... Draft RFP emailed - Clerk- inclusion in Worksession packet
1'.1on. Oct. 13 ................ Worksession - Commission direction on draft RFP
Thurs. Oct. 15 .............. RFP to the Chronicle to be published on Saturday, Oct. 17th
Thurs. Oct. 30 ............. 2:00 p.m. - Bids open - Clerk's Office
Mon. Nov. 3 ................ Proposals to Commission/or review
Mon. Nov. IO ............... Commission comments/direction at Worksession
T~es. Nov. 18 ............... Agenda Item submitted for Agenda Review (Nov. 19th)
Tues. Nov. 25 ............... Commission Action (apprqval) at Commission Meeting
THANKSGIVING WEEK
Mon./Fri. Dec. 1- 5 ...... ... Prepare contract for signature
Mon./Fri. Dec. 8-12 ... ...... Sign Contract ---Attorney, Mayor and Clerk
Jan. 1, 2004 .................. Contract takes effect.
Note: Timeline is a guide. SubjeCt to change.
Commission Meeting Date: October 28, 2003
Date: October 21, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Request to Withdraw Reverter Language from
Deed for Property at 407 W. Webster
SUMMARY OF REQUEST: The attorney for Thomas Russo, who purchased 407 W.
Webster from the City, is requesting that the City withdraw the reverter language contained in
the Purchase Agreement, dated February 16, 1998. The reverter language was included in
Section 8 of the Purchase Agreement, and required that the purchaser make improvements
to the premises within 18 months, that the owner or subsequent owners occupy the premises
as owner-occupants for a period of at least 10 years, and that if the property is used as a
rental property during the 10 year period, the City has the right to quit claim deed the property
from the Buyer. The attorney for Mr. Russo is requesting that the "City release the Russo's
and the Russos' perspective successors in interest from the effects of the reverter language"
(see attached letter). Apparently, the Russo's are in the process of selling the property, and
they are being told by the perspective purchasers that they are unable to obtain mortgage
financing with the reverter language present. Staff recommends that the reverter language
be kept as it is. The City has included reverter language in the sale of it's properties for
several years, and has not had a problem with other properties. In addition, the specific area
where 407 W. Webster is located is one where the City has sold several properties, with the
express intent that they be owner-occupied. It would be a disservice to the other property
owners to change this condition at this time.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request from Mr. Russo's attorney to change the
reverter clause language on their deed/purchase agreement and release the Russos and
their perspective successors in the interest from the effects of the reverter language. Staff is
willing, however, to meet with any financial institution to explain our program for infill, and the
reasons for the reverter clause (and staff has informed Mr. Russo and his attorney of this
offer).
PARMENTER O'TOOLE
Attorneys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
OCT 15 2003
October 15, 2003
Cathy Brubaker-Clarke
Planning Department
City of Muskegon
933 Ten-ace Street
P.O. Box 536
Muskegon,MI49443-0536
Re: Thomas and Rebecca Russo/407 W. Webster
Dear Ms. Clarke:
Enclosed please find correspondence from Ed Wasiura dated October 9, 2003. Mr. and Mrs.
Russo have previously been patt of a conversation that I believe both you and I have had, and
Bryon Mazade and I have had.
The essence of Mr. and Mrs. Russo's complaint is the City Commission requirement that the
house be owner occupied for ten years. According to Mr. and Mrs. Russo this requirement
makes it difficult and/or impossible for Mr. and Mrs. Russo to sell the house. The essential
question for the City Commission is whether requiring this property, and other similarly situated
properties, to be owner occupied. I will let you make an assessment as to what the staff's
recommendation will be and how you would like to proceed with the request.
If you would like any further information, please feel free to contact me.
Very truly yours,
(lt\L\.,_C . }x ,~\,~\_)
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosure
c Bryon Mazade
G:\EDSI\FILES\00100\1466\LTA\B67272.DOC
KNUDSEN, WASIURA & ASSOCIATES, P.C.
ATTORNEYS AT LAW
ONE EAST APPLE A VENUE, SUITE C
P.O. BOX 976
MUSKEGON, MICHIGAN 49443-0976
HARRY/. KNUDSEN
EDWARD E. WASIURA TELEPHONE:
23 f/722-7755
FAX 722-7399
October 9, 2003
Mr. John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, MI 49443-0786
Re: Thomas Russo/407 W Webster, Muskegon, Michigan
Dear John:
I am sending you this letter to reiterate our previous telephone conversations
regarding the above-referenced matter. I represent Thomas and Rebecca Russo.
My clients are the owners of the home at 407 W. Webster and acquired that
property by a Quit Claim Deed from the City of Muskegon dated February 20, 1998.
As you are aware, the deed contains reverter language tied to a requirement that
the Grantees and any successors occupy the subject property as owners for a period of ten
years after the date of the deed. Mr. & Mrs. Russo wish to sell the property to a lady
named Judy B. Howell. Unfortunately, Judy B. Howell is unable to obtain mortgage
financing to purchase the property because of the presence of the reverter language in the
deed.
As a practical matter, it is my opinion that no lender is going to provide money to
finance the purchase of the house on Webster so long as the reverter language remains in
place. In effect, for practical and intents and purposes this means that Mr. & Mrs. Russo
will not be able to sell the house until the ten year period has expired.
Mrs. Howell has informed my clients that it is her intention to occupy the house as
an owner as she is very interested in living at the 407 W. Webster location. I am
therefore requesting that the City reconsider its position regarding the reverter language
and that the City release the Russos and the Russos' perspective successors in interest
from the effects of the reverter language.
After consultation with the relevant City authorities please advise me accordingly.
If you have any questions regarding this matter or if I can provide you with any other
inf01mation please do not hesitate to call me.
Cordially,
(
01, ,·
··•·'1.
Edward E. Wasiura
EEW/jah
cc: Tom & Rebecca Russo
Jnd .x-ec1.cl~nc1
n-QQ chd . 6
,)oo?,- <{le~
Date: February 11, 2003
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Ordinance for Sale of Water Revenue Bonds
SUMMARY OF REQUEST: The city is in the process of securing funding for water
filtration plant improvements through the Drinking Water Revolving Fund (DWRF). Bond
counsel advises that adoption of the attached ordinance is necessary to provide a structure
for the new debt that fits within the DWRF program guidelines and within the requirements of
the currently existing eater system bonds.
FINANCIAL IMPACT: The only immediate cost associated with this action is the cost of
publication in the Chronicle.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current water system budget. Once bonds are sold,
debt service costs will be included in the water system budget for the life of the bonds (20-30
years).
STAFF RECOMMENDATION: Approvaloftheattachedordinance.
COMMITTEE RECOMMENDATION: None.
9/18/97
Date: November 25, 2003
To: Honorable Mayor and City Commission
From: DPW - Water Filtration Plant
RE: Additional consultant fees for the Water Filtration
Plant Improvements project
SUMMARY OF REQUEST:
To authorize additional fees to Tetra Tech MPS for delayed start of
project construction, increased scope of project design, and additional
construction oversight costs.
FINANCIAL IMPACT:
Change order to the original contract of $108, 000.00.
BUDGET ACTION REQUIRED:
The consultant fees are presently funded by Water System Revenue
Bonds. An effort to include these changes in the DWRF funding
application for reimbursement will be made.
STAFF RECOMMENDATION:
The amount requested is warranted as they are incurred by changes in
project scope, contract delay, and necessary construction oversight.
Staff recommends the Mayor and City Commission approve the contract
changes as indicated.
MEMORANDUM
11/18/03
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: ADDITIONAL CONSULTANT FEES FOR WATER FILTRATION PLANT
IMPROVEMENTS PROJECT
Our consultant, Tetra Tech MPS, has requested a cost increase for the Water Filtration
Plant Improvements project. This request is for the various reasons as explained in the
following:
ADDITIONAL CONSTRUCTION DURATION
The Original Request for Proposals, released in July of 2001, required the consultant
estimate the length of the construction phase and budget oversight costs accordingly,
The proposal from Tetra Tech indicated a construction period of 15 months. This time
frame was in line with the other proposal received.
Upon completing the final design of the project it became clear the construction phase
would be approximately 21 months. This is due to expanded scope of the project and
the seasonal limitations for some of the construction activities.
The "Additional construction duration of 6 months" fee is based on an increased level of
effort by the Resident Project Representative, the engineer on-site ensuring the
construction goes according to the plans and specifications.
DELAYEO START
The bidding and construction phasesof the project were delayed by the City to allow
application for funding through the Drinking Water Revolving Fund (DWRF). This was a
conscious decision made because the benefit came in the savings realized by DWRF
funding over traditional bonding. The "Delayed start of construction" is allowed in the
wording of the contract between the City and Tetra Tech MPS. The savings realized
will far outweigh the additional fees requested.
INCREASED SCOPE OF PROJECT
The Request for Proposals included the use of the 1928 pump house as a holding area
for the plant discharges. This request was based on the 1991 Reliability Study
recommendation for discharge elimination. At the time this was the best alternative.
The scope of the project changed as it was discovered the handling of the waste stream
and associates solids was more efficiently addressed by altering this approach. Once
the design process began and alternatives were explored; it was determined the most
cost effective method was to alter the manner of handling from the proposal request.
This decision was based on a "cost effectiveness analysis" that includes design,
construction, and operation and maintenance costs on a long-term basis. By altering the
approach to the discharge elimination the consultant incurred additional level of effort for
design beyond the initial proposal.
November 20, 2003
Mr. Robert H. Kulm, P.E.
Director of Public Works
City of Muskegon
13 50 East Keating
Muskegon,MI 49442
Re: Muskegon Water Filtration Plant Improvements
Contract No. 0482.031-W-1
Dear Mr. Kuhn:
This letter is regarding the Engineering Fee associated with the above project. We are
requesting a fee adjustment on this project to account for a few items as follows:
CONSTRUCTION DURATION AND CONSTRUCTION START DATE
In our contract, we had allocated a total fee of $50,000 for the Reliability Study Update,
$370,000 for Design Phase services and $297,000 for Construction Phase Services which
resulted in our original Contract amount of $717,000. Subsequent to our original Contract, a
Change Order of $6,500 was approved by the City Commission for additional revisions at the
Harvey Street Reservoir, which made our total fee $723,500. The original Construction Phase
Services fee was based on a total construction schedule of 15 months starting in approximately
October 2002.
As the details of the project became known during the design phase, it was apparent that the
construction phase would likely be significantly longer and the overall scope of the project
became more involved than we envisioned when we submitted our proposal back in July of
2001. In addition, as you are aware, the City decided to pursue funding through the State of
Michigan Department of Environmental Quality (MDEQ) Drinking Water Revolving Fund
(DWRF). As a result, the project was delayed an additional 6 to 8 months to comply with the
MDEQ bidding schedule, since funds would not be available for construction of the project
until approximately March 2004.
Mr. Robert H. Kuhn, P.E.
Muskegon Water Filtration Plant Improvement Contract
November 20, 2003
Page 2
As it turns out, construction is anticipated to begin approximately January 15, 2004 based on
the current schedule. Also, the project is anticipated to take approximately 600 days or
approximately 20 months, which would put the completion date in approximately September
2005. As a result, we anticipate a serious budget shortfall due to the extended construction
period and the delay in the stmt of the construction period.
DESIGN AND CONSTRUCTION PROJECT SCOPE EXPANSION
When our proposal was submitted, we had envisioned a project with a construction cost of
approximately $10,000,000, whereas the current Project Cost Opinion is slightly over
$16,000,000. As mentioned above, our original design fee was $370,000 and the construction
phase fee was $297,000. At the time our original proposal was submitted, we did not
anticipate design of improvements to the Auxiliary Pump Station, but since 9/1 1, the decision
was made to rehabilitate this building and continue to utilize this station for pumping. This
added approximately 5 percent to the overall project based on the current project cost opinion.
Five percent of our overall design and construction phase fee would result in an approximate
fee increase of $33,000.
DWRF PROJECT PLAN SCOPE EXPANSION
In addition, several items of work took significantly greater effort than what was anticipated to
complete the project plan. The following work items were not anticipated as pmt of the
preparation of the project plan and, as a result additional time was charged to the Water
Filtration Plant Improvement Project:
1. We prepared and sent three sets of Plans and Specs for the improvement project to
MDEQ for review of the DWRF Project on 7/1/03.
2. We sent a set of Addendum No. 2 for the WFP Improvement Project to MDEQ on
6/20/03.
3. We prepared and sent two additional copies of 3 drawings for the MDEQ Critical
Dunes Permit on 5/20/03.
4. We sent one set ofrevised pages for DWRF Project Plan to MDEQ on 5/15/03.
5. We responded to Michele Hohn ofMDEQ regarding the Critical Dunes Permit
needed for the environmental assessment on 4/16/03
6. We printed and sent a Copy of the Reliability Study to Wendy Jansma MDEQ on
4/18/03.
7. We prepared and sent an application for the Critical Dunes Permit on 4/18/03
We have agreed not to charge the City for the additional effort expended for the DWRF scope
expansion items.
Mr. Robe1i H. Kulm, P.E.
Muskegon Water Filtration Plant hnt1l'Ovement Contract
November 20, 2003
Page3
FEE ADJUSTMENT
At this point in time, we respectfully request an adjustment to our overall Engineering Fee in
the following amounts to account for the following factors:
• Additional construction duration of 6 months $60,000
• Delayed start of construction $15,000
• Increased Scope of Project $33 000
Total Additional Fee $108,000
With this fee increase, our revised total fee for this project would be $831,500. It should be
noted that the total fee range for a $16,000,000 renovation project in the recently issued ASCE
Manual of Practice No. 45 would be between 9.5 to 14.5%. This would yield a fee range of
between $1,520,000 and $2,320,000. From this comparison, it should be understood that the
City is still getting good value from our services on this project.
We appreciate the opportunity to be of continued service to the City of Muskegon and greatly
value our relationship. We appreciate your consideration of these additional work scope
changes. We are willing to meet with you to discuss these items in greater detail. Please feel
free to call if you have any questions or would like to discuss these items further.
Sincerely,
Dennis J. Benoit, P.E.
Senior Vice President
Cc: Robert Veneklasen
/jlc
P:\0482031\40\Corresp\KlJHN__ 112003.doc
Date: November 25, 2003
To: Honorable Mayor and City Commission
From: DPW - Water Filtration Plant
RE: Water Filtration Plant Improvements project bid
recommendation
SUMMARY OF REQUEST:
To approve the lowest responsible bidder with inclusion of deductible
alternates #1 and #2, prevailing wages and clairifier solids collection
mechanism.
FINANCIAL IMPACT:
$14,994,00.00 for construction of the Water Filtration Plant
improvements project.
BUDGET ACTION REQUIRED:
It is anticipated the project will be funded through the use of the State
Drinking Water Revolving Fund.
STAFF RECOMMENDATION:
Staff recommends awarding the construction contract for the Water
Filtration Plant Improvements project to Triangle Associates, Inc.
MEMORANDUM
11/18/03
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: CONTRACTOR RECOMMENDATION FOR THE WATER FILTRATION
PLANT IMPROVEMENTS PROJECT
The City has received the bids for the Water Filtration Plant Improvements project. The
bids are for significant improvements to the water plant in the form of increased capacity,
improved reliability, structural integrity, and elimination of water/solids discharges to
Lake Michigan. Included is a letter outlining our consultant's evaluation and
recommendation.
PREQUALI FICATION
The City Commission approved the process of pre-qualifying contractors interested in
participating in the bidding process. Contractors interested in taking the role of
prime/general contractor were required to submit a pre-qualification statement for
review. This process was undertaken to ensure the City received bids from firms with
the experience and capability to complete a project of this size and nature. Eight firms
were deemed eligible to submit bids.
DEDUCTIBLE ALTERNA TES
Deductible alternates are an effort to proceed with the core of a project by sacrificing
items that will not immediately detract from the project. These items will be required at a
later date so do not eliminate the cost - they are simply deferred.
Due to the uncertainty of the funding source and availability of funds, seven items were
identified as deductible alternates. Those items were: 1) Prevailing Wage requirement
2) Clairifier solids collection mechanism replacement 3) High service pump #6 4) Low
service pump #1 5) Fiberglass or Plastic settling equip. in lieu of stainless steel 6) Steel
pipe in lieu of ductile iron - HS pumphouse 7) Steel pipe in lieu of ductile iron - Sed.
Basins.
After an evaluation it was determined the funding was adequate to retain all but
deductible alternate #1 in the project. It was felt the current economic conditions
warranted the elimination of the prevailing wage from the contract, thereby saving
money without sacrificing any aspect of the project.
BIDS
Four bids were received from pre-qualified firms for construction of the water filtration
plant improvements. They are:
FIRM BID BID WITH ALT. #1
• Davis Construction, Inc. $16,825,000 $16,516,000
• John E. Green, Inc. 16,350,000 16,275,000
• Muskegon Construction Company 15,560,000 15,375,000
• Triangle Associates, Inc. 16,190,000 15,240,000
This reveals the lowest responsible bidder to be Triangle Associates, Inc. at a cost of
$15,240,000.
FUNDING
The City continues to pursue the Drinking Water Revolving Fund (DWRF) loan for this
project. To date all requirements have been met to receive funding in the second
quarter of the State budget. The funding availability is contingent on Federal funding
through EPA to the State program. The State budget does not dictate the funding
availability, only administers the Federal program.
This funding approach is much more attractive than traditional water revenue bonding as
the interest rates are lower. Water Fund revenue will be used to fund the project in the
period between the project start and the receipt of the DWRF funds. Any City
expenditures are eligible for reimbursement by the DWRF funding. In the unlikely event
that the DWRF funds become unavailable, the City Commission has approved the sale
of water revenue bonds to fund this project.
RECOMMENDATION
In concurrence with our consultant, Dennis Benoit- Tetra Tech MPS, it is my
recommendation the Mayor and City Commission award the contract for the Water
Filtration Plant Improvement project to Triangle Associates, Inc. at a cost of
$15,240,000.00.
November 20, 2003
Mr. Robert H. Kuhn, P.E.
Director of Public Works
City of Muskegon
1350 East Keating
Muskegon, MI 49442
Re: Muskegon Water Filtration Plant Improvements
Contract No. 0482.031-W-1
Dear Mr. Kuhn:
This letter is regarding the Engineering Fee associated with the above project. We are
requesting a fee adjustment on this project to account for a few items as follows:
CONSTRUCTION DURATION AND CONSTRUCTION START DATE
In our contract, we had allocated a total fee of $50,000 for the Reliability Study Update,
$370,000 for Design Phase services and $297,000 for Construction Phase Services which
resulted in our original Contract amount of$717,000. Subsequent to our original Contract, a
Change Order of $6,500 was approved by the City Commission for additional revisions at the
Harvey Street Reservoir, which made our total fee $723,500. The original Construction
Phase Services fee was based on a total construction schedule of 15 months starting in
approximately October 2002.
As the details of the project became known during the design phase, it was apparent that the
construction phase would likely be significantly longer and the overall scope of the project
became more involved than we envisioned when we submitted our proposal back in July of
2001. In addition, as you are aware, the City decided to pursue funding through the State of
Michigan Department of Environmental Quality (MDEQ) Drinking Waler Revolving Fund
(DWRF). As a result, the project was delayed an additional 6 to 8 months to comply with the
MDEQ bidding schedule, since funds would not be available for construction of the project
until approximately March 2004.
Mr. Robert H. Kuhn, P.E.
Muskegon Water Filtration Plant Improvement Contract
November 20, 2003
Page 2
As it turns out, construction is anticipated to begin approximately January 15, 2004 based on
the current schedule. Also, the project is anticipated to take approximately 600 days or
approximately 20 months, which would put the completion date in approximately September
2005. As a result, we anticipate a serious budget shortfall due to the extended construction
period and the delay in the start of the construction period.
DESIGN AND CONSTRUCTION PROJECT SCOPE EXP ANSI ON
When our proposal was submitted, we had envisioned a project with a construction cost of
approximately $10,000,000, whereas the current Project Cost Opinion is slightly over
$16,000,000. As mentioned above, our original design fee was $370,000 and the
construction phase fee was $297,000. At the time our original proposal was submitted, we
did not anticipate design of improvements to the Auxiliary Pump Station, but since 9/11, the
decision was made to rehabilitate this building and continue to utilize this station for
pumping. This added approximately 5 percent to the overall project based on the current
project cost opinion. Five percent of our overall design and construction phase fee would
result in an approximate fee increase of $33,000.
DWRF PROJECT PLAN SCOPE EXPANSI ON
In addition, several items of work took significantly greater effort than what was anticipated
to complete the project plan. The following work items were not anticipated as part of the
preparation of the project plan and, as a result additional time was charged to the Water
Filtration Plant Improvement Project:
1. We prepared and sent three sets of Plans and Specs for the improvement project
to MDEQ for review of the DWRF Project on 7/1/03.
2. We sent a set of Addendum No. 2 for the WFP Improvement Project to MDEQ
on 6/20/03.
3. We prepared and sent two additional copies of3 drawings for the MDEQ Critical
Dunes Permit on 5/20/03.
4. We sent one set of revised pages for DWRF Project Plan to MDEQ on 5/15/03.
5. We responded to Michele Hobn ofMDEQ regarding the Critical Dunes Permit
needed for the environmental assessment on 4/ 16/03
6. We printed and sent a Copy of the Reliability Study to Wendy Jansma MDEQ on
4/18/03.
7. We prepared and sent an application for the Critical Dunes Permit on 4/18/03
We have agreed not to charge the City for the additional effort expended for the DWRF
scope expansion items.
City of Muskegon
Water Filtration Plant Improvements
Bid Tabulation
Bids Received: November 12, 2003 at 2:00 pm
Bidder Davis Construction Inc. John E. Green Inc. Muskegon Construction Co. Triangle Associates, Inc.
456 Plymouth NE 778 Bridgeview, South 111 W. Western 3769 Three Mile Rd. NW
Grand Rapids, Ml 49505 Saginaw, Ml 48604 Muskegon, Ml 49442 Grand Rapids, Ml 49544
Bid Bond Attached X X X X
Bid Signed X X X X
Addenda Acknowledged 1,2,3,4 1,2,3,4 1,2,3,4 1,2,3,4
Base Bid Amount 0
$16,350,000 $15,560,000 15,411,6° $16,190,000 1<;° /\ 4'¾ \d'"
$16,825,000
Deductible Alternate No. 1
$309,000 $75,000 $185,000 $950,000
Deductible Alternate No. 2
$81,000 $146,000 $83,000 ;( $246,000 ',(
Deductible Alternate No. 3
$138,968 $137,000 $130,000 $149,000
Deductible Alternate No. 4
$100,310 $63,000 $90,000 $477,000*
Deductible Alternate No. 5
$30,000 No Bid $30,000 No Bid
Deductible Alternate No. 6
$9,500 No Bid $9,500 No Bid
Deductible Alternate No. 7
No Bid No Bid No Bid No Bid
Concrete Crack Repair /LF
$39 $39 $39 $45
Concrete Repair (> 2-lnch)
/SF $46 $46 $46 $53
Concrete Repair(< 2-lnch)
/SF $43 $43 $43 $49
Masonry Crack Repair /LF
$10 $11.50 $11.50 $5.25
Masonry Tuck Pointing /SF
$35 $5.80 $5.80 $7.75
End Suction Water Pumps FAIRBANKS ITTAC FAIRBANKS ITTAC
Split Case Water Pumps AURORA ITTAC AURORA ITTAC
Vertical Turbine Pumps FLOWWAY FLOWWAY FLOWWAY FLOWWAY
Flash Mixers MASTER MASTER MASTER MASTER
Flocculators MEYERS WALKER JM MEYERS WALKER
UV Disinfection SUNLIGHT SUNLIGHT SUNLIGHT SUNLIGHT
Unit
Submersible KSB KSB KSB KSB
Pumps
Plate Settlers Stainless MEURER MEURER MEURER MEURER
Steel Option
Plate Settlers FRP/HIP MEURER MEURER MEURER
Option
Sludge Collection MEURER MEURER MEURER MEURER
Mechanism
Blowers SUTORBILT ROOTS SUTORBILT ROOTS
Filtering SEVERN LEOPOLD SEVERN LEOPOLD
Equipment
Mechanical Subcontractor FHC GREENE FHC NORTHWEST KENT
Electrical Subcontractor WINDEMULLER TAUNT WINDEMULLER WINDEMULLER
*Entry Error
11/12/03
Phone: 231-726-3177
Fax: 231-728-3547
E-mail: gpost@muskconco.com
FAX TRANSMITTAL
Date: November 14, 2003
To: Gail Kundinger
Ken James
Dennis Benoit or B,·ent Bode
Rodney Brown
Fax Number: 724-4178
722-1214
1-616-942-5787
722-2728
Number of Pages: 5
From: Gary Post
Subject: Water Filtration Plant
Gail and Gentlemen,
Please fi11d following our letter addressing the minority participatioJ1 on the above
referenced project. We will be sending a hard copy in the mail, as well.
If you have any questions, please call
l9l-, 900/100-d 109-l
~ pJhfSke0gnol1 ISO 9001 Certified
;:,;::c011str11
=!S
..__.. co111Pa11Y
The Company You Keep
111 W. Western • P.O. Sox 477 • Muskegon, Ml 49443 • V 231-726·3177 • F 231-728-3547 • E mcc@tnuskconco.com
November 14, 2003
CITY OF MUSKEGON, MICHIGAN
City Clerk's Office
93 3 Terrace S tree!
Muskegon, MI 49443
Subject: Minority Pafticipation
Water Filtration Plant Improvements
City Contratt No.: 0482,031-W-1
Ms. Gai I Kundinger:
Please accept this leiter as our respo11se to the City's and the Engineer's request
for specific infomtation concerning the minority contractor component for the
above re forenced project.
We and out subcontractors propose to use the following millority contractors:
Minority
Subcontractor Contractor Amount
Concrete Grand River McKinley $ 49,250
Mas, Restor. D.C. Byers Big Mac Masonry 64,000
Earthwork Jackson-Merkey Yell ow Rose T rncking 74,000
Electrical Windemuller Taylor Electric 290,000
Gen'l Trades Muskegon Const1·. D.P.C.A. 64,500
Filter Media Muskegon Constr. D.P.C.A. 148,000
Misc. Cone. Muskegon Constr. D.P.C.A. 80,000
Pre-cast H.E.R. Construction 100,000
Filter Rem. H.E.R. Constrnction 81,600
Misc. Metals H.E.R. Construction 100,000
FRP Material H.E.R. Construction 45,000
Filter Equip. fl .E.R. Construction 550,000
Mech. Equip, H.E.R. Construction 870,000
Total $2,516,350
This represents a minority participation amount of 16.2% of our base-hid amount.
Jn addition, Yellow Rose Trucking and H.E.R. Construction are Women-owned
businesses m1d their portions represent a WBE participation of 11.7% of oLtf base-
bid amount.
l9l-, 900/ZOO'd 109-1
/SO 9001 Certified
Ms. Gail Kundinger
November 14, 2003
Page 2 of J.
There may be additional oppo1iunities lo engage local minority contractors in this
project and we' II explore that more fully. Nevertheless, at this time we believe
they arc well-represented ot1 this project.
You will also find a copy of our subcontractor list as of this date. If you have any
questions, please call. We look forward to the successful completion of this
project with ymt.
Sincerely,
MU KEGOW--SONSTRUCTJON COMPANY
,t{.X
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cc: Mr. Ken James City of Muskegon
Mr. Dennis Benoit Tetra Tech MPS
Mr. Rodney Brown Muskegon Urban League
191-, 900/!00'd 109·1 lv9€8Zll€Z
CITYOF MUllKEGO:-f WATER FILTRATION PLANT
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Gr.and Rapids, M[ 49546
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TETRA TECH MPS
November 17, 2003
Mr. Robert Veneklasen
Water Filtration Plant Supervisor
City of Muskegon
Water Filtration Plant
1900 Beach Street
Muskegon,MI49441
Re: Water Filtration Plant Improvements
Contract 0482.031-W-1
Dear Mr. Veneklasen:
Bids were received for the above project on November 12, 2003 at 2:00 p.m. at the City Clerk's Office.
A total of four bids were received from Contractors that were previously prequalified to submit. A
summary tabulation of the bids received and other information from the bids is attached. The base bid
amounts ranged from $15,560,000.00 to $16,825,000 for a spread of 8.1 % from the lowest to highest
bid. From this, it can be inferred that four very competitive bids were received.
Our opinion of construction cost for this project is $16,492,000, which includes an adjustment from our
previous opinion for the valve actuators added as part of Addendum No. 3. All but one of the bidders
were below our opinion of cost for this project.
We have reviewed the information provided by the two lowest bidders relative to complying with the
City's intent to utilize local and disadvantaged bnsiness enterprise (DBE) contractors on this project.
Bbth Mnskegon Construction Co. and Triangle Associates, Inc. have submitted evidence of due
diligence in the solicitation and utilization of minority and women owned subcontractors on this
project. Both of these bidders have provided a list of DBE contractors that they intend to utilize on this
contract. These are also attached for you review. Also, each of the·two low bid contractors has
provided a list of local subcontractors that they intend to utilize on this project.
There were a total of seven deductible alternates included in the bid package that could potentially be
utilized to reduce the construction cost to fall within available budget funds if necessary. Deductible
Alternate No. 1 was included in order to evaluate the cost of excluding Davis Bacon Prevailing wage
rates from the project. In our opinion, deletion of the prevailing wage rates will have no effect on the
ability of the Contractor to perform this project. In addition, the City may incur additional
administrative costs to monitor wage rates throughout the project if this requirement remains, since
wage rate interviews are the main method to determine whether the Contractors are paying the current
prevailing wages to the laborers. In addition, the Michigan Department of Environmental Quality does
not require that prevailing wages, in accordance with the Davis Bacon Act, be included as part of the
project documents. In consideration of the substantial savings offered by the acceptance of Deductible
Alternate No. 1, we recommend that this alternate be accepted. We do not see a necessity to accept
3949 Sparks Die SE. Ste ID I
Grand Rapids, Ml 495'16
Tel 616.942.5566 Fax 616.942.5787
Mr. Robert Veneklasen
Water Filtration Plant Contract 0482-031-W-1
Award Recommendation
November 17, 2003
Page2
any of the other deductible alternates provided that the City has adequate funds to complete the project.
If Deductible Alternate No. 1 were accepted, the adjusted Contract Amount would be $15,375,000. for
Muskegon Construction Company and $15,240,000. for Triangle Associates, Inc.
In consideration of this, we recommend award of this Contract to Triangle Associates, Inc, for the
amount of $15,240,000.00
We understand that the City has indicated its intent to secure funding for the projei::t through the State
Drinking Water Revolving Fund (DWRF) administered by the Michigan Department of Environmental
Quality (MDEQ). As you are aware, the funding level for the current Federal Fiscal Year has not been
set by Congress. It is anticipated that this will be done sometime in early December and that, once set,
the funding range will include the Muskegon projects. We further understand that the City has
available funds from a previous bond issue to authorize this project to proceed prior to the receipt of
loan proceeds through the DWRF program, which would be anticipated in March 2004. We further
understand that the City's finance director has indicated that, as a contingency, a bond sale could be
arranged if the DWRF funds are jeopardized for whatever reason. In consideration that the City is
under order to remove the discharge of its waste wash water to Lake Michigan by May of 2005 and that
this project is necessary to making that a possibility, we recommend that the project be awarded at this
time provided that the City Finance Director is in concurrence with the interim financing arrangements.
We appreciate this opportunity to be of continued service to the City of Muskegon. Please feel free to
call if you have any questions or would like to discuss these bids further.
Dennis J. Benoit, P.E.
Senior Vice President
Cc: Robert Kuhn, P.E.
Mohammed Al-Shatel, P.E.
Tim Paul
Ken James
Enclosures
/djb
P:\0482031\40\Correspondence\WFP Bids 111703.DOC
J-&. Jl'cµlLd p~
fJ/ M<7l /uvU!./
The c:ompany yo.u keep,
City of Muskegon
Water Filtration Plant
Improvements
C,ontract No. 0482.031-W--1
Date: November 25, 2003
To: Honorable Mayor and City Commission
From: DPW - Water Filtration
RE: Laboratory Remodeling Proposal
SUMMARY OF REQUEST:
To enter into an engineering/design agreement for the remodeling of the
laboratory and control area of the Water Filtration Plant.
FINANCIAL IMPACT:
The engineering/design proposal cost is $54,000, including document
preparation, advertising, bidding, and construction oversight.
BUDGET ACTION REQUIRED:
None. It is anticipated the engineering/design and construction costs will
be funded through the State of Michigan Drinking Water Revolving
Fund.
STAFF RECOMMENDATION:
Recommends the City enter into a contract with Tetra Tech MPS for
engineering/design of the laboratory remodeling project at the Water
Filtration Plant.
MEMORANDUM
11/17/03
TO: R. KUHN, DPW
FROM: R. VENEKLASEN, WFP
RE: ADDITION OF LABORATORY REMODELING PROJECT TO THE
DRINKING WATER REVOLVING FUND APPLICATION
PROJECT BACKGROUND
The laboratory remodeling was first recommended in the 1991 Reliability Study as a
"Priority Ill item. The study suggests, "Remodel the existing laboratory into a Plant
control room and shift operator offices and remodel the second floor to provide for
additional laboratory space". The recommendation also provided for remodeling of the
east Plant entrance and making better use of the existing lobby.
The east entrance was updated as part of the Multi-Purpose Building project. The
second floor suggestion is no longer necessary due to the abandonment of the room
previously used for chlorine storage and application. Portions of this recommendation
are included in the following explanation.
HISTORY
The present laboratory is a mix of two eras; the original 1937 laboratory to the south and
the 1964 addition on the north end which included the Plant control panel. The control
panel was replaced in 1993 with computers as part of the Instrument and Control
project. To date, both portions of the laboratory/control room have the original fixtures,
cabinets, and benchtops.
LABORATORY REMODELING
The remodeling is planned to update furnishings of 40 to 65 years of age and to create
more efficient workspaces. It is intended to create an operation/control area, treatment
wet-lab area, bacteriological lab area, and a work area for the Plant Chief Operator. The
intent is to enlarge the laboratory area into a portion of the space occupied by the
present staff break/lunch room.
The present locker room space is inadequate as it cannot accommodate locker for all
staff members (10). By using the remainder of the breakroom space, the locker room
will be capable of accommodating all staff members.
The old chlorine room has been vacant since we began the use of Sodium Hypochlorite
and it's application from the Multi-Purpose Building. It is expected this room will become
the break/lunch room. The adjacent room previously used for Aluminum Sulfate and
Fluoride application pumps and equipment will be used as a kitchenette - for things such
as the coffeemaker, microwave, oven, and refrigerator. The Aluminum Sulfate and
fluoride is now applied from the Multi-Purpose Building.
PROJECT PLAN
This project has been included in the City's Capitol Improvements Plan for a number of
years. It is presently scheduled for the 2005 budget year at a proposed amount of
$400,000. This cost is based on the 1991 Reliability Study estimate and subsequent
increases in the Engineering New Record (ENR).
SCHEDULE
The Finance Director contacted me with the indication that we should consider adding
any planned projects to the present Drinking Water Revolving Fund (DWRF) funding
application. He makes this recommendation due the attractive interest rate currently
being offered by the DWRF program and that it is unlikely we will utilize this program in
the near future. He further indicated this funding has the most attractive interest rate the
City will experience for some time.
CONTINGENCIES
The addition of this project to our DWRF funding request hinges upon approval by the
Michigan Department of Environmental Quality, Environmental Science Services
Division (MDEQ-ESSD) as fitting the scope of the improvements in our original
application. Initial inquiries with MDEQ in this regard have received favorable
responses, but no guarantees until a final design is submitted and permitted. The time-
line for the DWRF funding does require that we proceed immediately to insure we are
able to meet the required submittal dates. This is an eleventh-hour effort to take
advantage of the attractive funding currently offered by the DWRF program.
In the event this project would be rejected by MDEQ for funding under the DWRF
program, the design work will be completed in advance of the 2005 plans.
FUNDING
The engineering/design, construction, and construction engineering oversight costs for
this project, if approved, will be part of the DWRF application so will not require any
additional funding.
PROPOSAL
I have solicited Tetra Tech MPS, the engineering design firm we are utilizing for the
present Water Filtration Plant Improvements project and the DWRF funding process, for
a proposal to perform the design, bidding, and oversight of the Laboratory Remodeling
project. Included is a proposal from Tetra Tech in the amount of $54,000.
RECOMMENDATION
It is my recommendation that the City proceed with the engineering design of the
Laboratory Remodeling project and it's inclusion in the DWRF funding application. I look
forward to your concurrence.
November 14, 2003
Mr. Robert Veneklasen
Water Filtration Plant Supervisor
City of Muskegon
Water Filtration Plant
1900 Beach Street
Muskegon,MI49441
Re: Water Filtration Laboratory Remodeling
Dear Mr. Veneklasen:
Thank you for requesting a proposal from Tetra Tech MPS to provide design and construction phase
engineering services associated with the remodeling of the laboratory, locker room, toilet room and
lunch room and former Alum feed room (currently an office) at the water Filtration Plant. We
understand that you would like to accomplish the following objectives:
I. Remodel the existing office into a kitchen and create a doorway into the adjoining
room, which will be utilized as a lunchroom I conference room.
2. Relocate the wall currently separating the existing lunchroom from the laboratory and
create a new computer workspace for the operators.
3. Relocate the staff lockers into the remaining former lunchroom.
4. Remodel and/or replace the existing laboratory cabinets and create a new wet lab for
analysis.
In order to assist the City, we propose the following scope of engineering services:
I. We will make a site visit to view the existing spaces and determine the detailed
approach to the design and the. During this meeting, we will discuss preliminary ideas
for the design and preliminary ideas for the floor plan relocation. An electrical and
mechanical engineer, an architect and the project manager will attend this meeting.
2. We will prepare sketches for your review and gain your concurrence prior to preparing
detailed drawings. We will be relying on your staff to provide input on the most
efficient laboratory equipment layout since they are the most familiar with the tests
required at your facility and the optimum layout of the equipment.
Mr. Robert Veneklasen
Water Filtration Plant Laboratory Remodeling
November 14, 2003
Page2
3. We will prepare detailed mechanical, architectural and electrical drawings including
specifications.
4. We will prepare bidding documents for this work as a stand-alone contract. We will
prepare a cost opinion for the completed design.
5. We will provide sets for review by the MDEQ along with an application for a
construction permit and will respond to any questions that they may have during their
review.
6. We will prepare an advertisement for bids and provide to the City Clerk for solicitation
of bids.
7. We will review the bids received and provide a recommendation of award for the City
Commission to consider.
8. We will provide engineering services during construction including shop drawing and
submittal review, pay request review and progress meetings as required.
For the above scope of services, we anticipate a proposed budget fee of $54,000. This fee will not be
exceeded without your prior authorization. We propose to perform these services as an amendment to
our current contract for design services. If you are in concurrence with the proposed scope and fee,
please let us know and we will prepare a contract amendment for execution.
We intend to have the design complete by mid December and advertise prior to January 3, 2004, in
accordance with the MDEQ schedule for 2nd Quarter funding.
We appreciate this opportunity to be of continued service to the City of Muskegon. Please feel free to
call if you have any questions or would like to discuss this proposal further.
Sincerely,
Dennis J. Benoit, P.E.
Senior Vice President
/djb
P:\0482000\Lab Rework Proposal 111403.DOC
Commission Meeting Date: November 25, 2003
Date: November 17, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Memorandum of Understanding- Clean-Up of
Laketon Avenue Railroad Corridor
SUMMARY OF REQUEST: The City and the Michigan Department of Natural
Resources (MDNR) developed an informal agreement in the summer of 2003 to
clean up the Laketon Avenue railroad corridor between Getty and US 31 and the
Laketon/Nims Street area. The Agreement includes the MDNR paying up to $11,425
for the clean up (primarily railroad ties). The most economical price to remove and
stockpile the railroad ties was from Freelance, Inc. Their cost is $8,925. The City
DPW has agreed to transport and dispose of the ties. The contractor will also clean
up the burned railroad siding on Nims Street for $3,800 and the DPW will remove the
refuse. Since there was a halt on additional State spending in August, we are just
now getting the Memorandum of Understanding from the State. They are now able
to release the funds.
FINANCIAL IMPACT: The City will pay the difference between the State contribution
and the contractors costs, in the amount of $1,300. The City will also provide the
labor transport and disposal of the ties and vegetation removal.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Memorandum of
Understanding and Agreement for the Recreation Improvement Fund and authorize
the City Manager to sign the Agreement.
COMMITTEE RECOMMENDATION: None.
I
I
Creston St.
'
I/~
Michigan Department of Natural Resources
DN'i? Forest, Mineral and Fire Management
Grant Agreement Number:
MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR THE
RECREATION IMPROVEMENT FUND RIF-2004-21-05
This information is required by authority of Part. 711 of Act 451 of 1994, as amended to qualify for reimbursement.
Grantee:
City of Muskegon (It is expressly understood by and
between the parties hereto that the
Attn:
Bryon Mazade proposal bears the above Grant
Agreement Number and associated
Address
documents including all attachments, are
933 Terrace Street
by this reference made part of this
City State ZIP Code
understanding. All materials bearing this
Muskegon, MI 49443
number constitute the entire
Federal Employer Identification Number (FEIN): understanding between the parties.)
38-6004522
An agreement is made between the MICHIGAN DEPARTMENT OF NATURAL RESOURCES (hereafter called the
Department; state Trails Coordinator, contracting officer) and the above grantee for funding of railroad tie
cleanup of state trail property on Laketon Avenue/Nims Avenue.
The project period shall be from November 21, 2·003 to September 30, 2004. This understanding shall convey a sum of
money for eligible costs, but which shall not in any event exceed Eleven Thousand, four hundred twenty-five,_
$11,425.oo dollars.
All projects will comply with the Americans Disabilities Act.
All work must comply with State and Federal guidelines rules, regulations and laws.
Additional guidelines and specifications for agreement:
• Project Coordination: The Department contact for this project is James Radabaugh, Michigan Department of Natural
Resources, hereafter referred to as the Coordinator. The Grantee will confer regularly with the Coordinator on the
progress of this project.
• Payment: Where applicable, the Department agrees to reimburse the Grantee for authorized expenditures upon
verification of actual expenditures up to 90% of the grant amount. The Department will pay the final 10% upon project
completion and final audit. Total payment under this grant is not to exceed the actual costs or $11,425. oo, whichever
is less. Initial request for payment shall be on the form attached (additional forms are available from the address at
the end of this agreement). All requests for payment must be submitted quarterly and received in the DNR office by
th
the 15th of the month following the quarters end. A final request must be made by October 15 , 2004. Requests for
payment will include copies of invoices and cancelled checks for all expenditures.
• Fiscal Control and Accounting Procedures: In addition to the summary documentation submitted to the
Department, the Grantee will keep complete financial records. Basic documents required to be maintained for audit
include purchase orders, vouchers, authorized payments, and time records for individual employees' charged to this
program. All financial records for this grant will be retained by the Grantee until audited, or for a minimum of three (3)
years, whichever is less. Records under audit will be retained until the audit is closed.
• Procurement: The grantee will use their own procurement procedures provided they reflect applicable State and
local laws and regulations.
• Prevailing Wage and Fringe Benefits: Any sub-contractor performing work under this agreement must comply with
the requirements of 1965 State of Michigan Public Act 166.
• Insurance: The Grantee will add the State of Michigan, Department of Natural Resources as an additional insured
party on their liability insurance policy. Proof of this must be supplied to the state Trails Coordinator prior to the
Department releasing any reimbursements for this grant.
• Changes: From time to time, changes may be needed in the scope of the project and the grant. All changes must be
submitted in writing to the Coordinator and approved by the Department prior to being implemented. Changes
implemented prior to approval by'the Department will not be eligible for reimbursement.
Page 1 of2 PR4165-1 (11/06/2003)
• Audits: The project and related reports are subject to audit by the Department. This may include both financial
audits and site visits.
• Hold Harmless: Each party to this agreement will be responsible for its own negligent acts, including the acts of its
officers, agents, and employees.
• Right of Cancellation: This grant agreement may be cancelled by either party upon giving 30 days written notice to
that effect to the other party.
The individuals or officers signing on behalf of the parties to this Agreement certify by their signatures that they have read,
understand and agree to comply with this Agreement and have the authority to enter into this Agreement on behalf of the
Grantee.
COORDINATOR:
Printed Name: sJ{¾Vtf;h (2A-v~~ Title: ? ~ 1f.+\1L,,S C:CtJ12Q '/~
Signatur~ (2-v-J~ Date: q j a3
l Z--(
GRANTEE'S REPRESENTATIVE(S):
Printed Name: Title: C1,y J/4vtbti_o&
Signature: Date: / 2- 2 -0 3
Printed Name: Title:
Signature: Date:
Printed Name: Title:
Signature: Date:
Please sign and return both copies of this sub agreement to:
ATTN: STATE TRAILS COORDINATOR
RECREATION AND TRAILS SECTION
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING Ml 48909-7952
(a fully executed copy will be returned for your files)
Page 2 of 2 PR 4165-1 (1 1/06/2003)
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Commission Meeting Date: November 25, 2003
Date: November 14, 2003
To: Honorable Mayor and City Commissioners N-Jtc:\J.\ Q..Ncl
From: Planning & Economic Development C~ \" -e.ack:'l 'd
RE: Rezoning request for the South Half of Block 317 (including
the former Boilerworks property)
SUMMARY OF REQUEST:
Request to rezone the south half of Block 317 (owned by Muskegon Group Properties,
LLC and the Muskegon Eagles) from 1-2, General Industrial to H, Heritage.
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 11/13
meeting. The vote was unanimous with B. Smith and B. Mazade absent.
11/14/2003 1
AGENDA ITEM ~oo':>- ~ ~ q
CITY COMMISSION MEETING 11 /03
TO: Mayor and City Commission
FROM: Lee Slaughter, Assistant City Manager
Mohammed AI-Shatel, City Engineer
DATE: November 18, 2003
RE: Telecommunication Permit - Verizon - Under the METRO Act
SUMMARY OF REQUEST
Authorize the Mayor to sign the permit application submitted by Verizon North Inc.
Submittal of the permit application is in response to the City opting into the state's
METRO Act. It is further requested that approval be conditioned upon verification of
satisfactory insurance coverage consistent with the terms of the Act and city policy.
FJNANCIAL IMPACT
None.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
To approve the permit and sign the document.
COMMITTEE RECOMMENDATION
None.
COVER LETTER PARAGRAPH NUMBERING CORRECTION
Please note that the paragraph numbers on page 2 of the cover letter should
be 5), 6), and 7) instead of 1), 2), and 3). The numbering and topics should
read as follows:
1) METRO Act Permit Application Form
2) 180 Day Extension
3) Key Employee Contact List
4) Unilateral Permit
5) Certificate of Insurance
6) Confidential and Proprietary Route Map
7) Licenses
We apologize for any confusion this may have caused.
~ ·
•
Donald E. Williams
Manager-Municipal Affairs ver,zon
600 Hidden Ridge, HQE02E64
P.O. Box 152092
Irving, TX 75038
October 20, 2003 Phone 972 718-6129
Pager 888 993-0630
Fax 972 719-7948
Toll Free 888 483-2788
williams.donald@verizon.com
CITY OF MUSKEGON
City Clerk, City Manager, City Attorney
P. 0. Box 536
Muskegon, Ml 49443-0536
In accordance with Section 5 (3) of the Metropolitan Extension Telecommunications
Right-of-Way Oversight Act, Public Act 48 of 2002, ("METRO"), Verizon North Inc. and
Conte! of the South, Inc., d/b/a Verizon North Systems (collectively, "Verizon") hereby
submits its application for a permit. As a provider with facilities already located in the
public right-of-way as of the effective date of the METRO Act, Verizon obtained an
additional 180 day extension for submitting this permit application from the METRO
Authority, copy attached. Additionally, under the terms of Section 5 of the METRO Act,
Verizon is exempt from paying the administrative fee required under Section 6(4). 1
Verizon is enclosing certain key information related to this initial permit:
1) METRO Act Permit Application Form: This is the application for Verizon's initial
registration.
2) 180 Day Extension: The METRO Authority granted Verizon an extension to file its
initial application with municipalities until October 27, 2003.
3) Key employee contact list: This official business list includes contacts for
engineering, construction, customer service and municipal affairs. A 24-hour
emergency contact number into Verizon's Repair Resolution Center is provided.
This Center will immediately notify the local, "on-call" supervisor of any situation
needing Verizon's prompt action.
4) Unilateral permit: Two copies of the unilateral permit are provided for execution
and return to Verizon at the above address. Upon receipt, Verizon will
acknowledge receipt and return one of the original, signed
1
Section 5(3) of the METRO Act provides, in part, that, "A provider submitting an application under this
subsection is not required to pay the administrative fee required under Section 6(4)".
PA-48 of 2002, October 20, 2003
Page2
copies for your records and retain one for our files. For administrative ease,
Verizon has provided that this permit be for a five-year term, with automatic
renewals unless either party notifies the other of its intent to not renew. Verizon
will seek construction permits, as required, for the placement of new or additional
facilities in the public right-of-way in accordance with Section 15 of the METRO
Act. Under the terms of Section 4(1) of the METRO Act, Verizon will not be
subject to fees or other consideration for access to or use of the public rights-of-
way, other than the annual maintenance fee provided in Section 8 of the METRO
Act. 2
1) Certificate of Insurance: A copy of Verizon's standard ACORD certificate of
insurance, which meets and exceeds the established liability limits, is enclosed.
2) Confidential and Proprietary Route Map: A confidential and proprietary route map
of Verizon's existing facilities is provided in an electronic format on the enclosed
compact disk. Verizon will provide an updated route map within 90 days of
completion of any construction project. The maps should be viewable using most
standard mapping systems. However, if you do experience problems, you may
want to use the Bentley View program, which is publicly available and
downloadable from the internet at www.Bentley.com, under "products". As these
maps contain information Verizon has designated as a trade secret. proprietary
and/or confidential, and. as provided in Section 6(5) of the METRO Act. they are
exempt from the freedom of information act, 1976 PA 442. MCL 15.231 to 15.246.
3) Licenses. Copies of the permanent licenses issued to GTE North Incorporated
and Contel of the South, I.nc. d/b/a GTE Systems of Michigan, predecessors of
Verizon North Inc. and Contel of the South, Inc., d/b/a Verizon North Systems are
provided.
Should you have any questions, please call me, toll-free, at 1-888-483-2788. Please
note that Section 15(1) of the METRO Act provides that "A municipality shall approve or
deny access within 45 days from the date a provider files an application for a permit for
access to a public right-of-way''.
onald E. Williams
Manager-Municipal Affairs
2
Section 4(1) of the METRO Act provides, in part, that, " ... after the effective date of this act, a
municipality in a metropolitan area shall not enact, maintain, or enforce an ordinance, local law, or other
legal requirement applicable to telecommunication providers that is inconsistent with this act or that
assesses fees or requires other consideration for access to or use of the public right-of-way that are in
addition to the fees required under this act''.
METRO Act Permit Application Form
CITY OF MUSKEGON
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
UNDER
METROPOLITAN EXTENSION TELECOMMUNICATIONS
RIGHTS-OF-WAY OVERSIGHT ACT
2002 PA 48
MCLA SECTIONS 484.3101 TO 484.3120
BY
VERIZON NORTH INC. and CONTEL OF THE SOUTH, INC., d/b/a VERIZON
NORTH
("APPLICANT")
Unfamiliar with METRO Act?--Assistance: Municipalities unfamiliar with Michigan
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act ("METRO Act")
permits for telecommunications providers should seek assistance, such as by contacting the
Communications Division of the Michigan Public Service Commission at 517-241-6210 or via
its web site at http://www.michigan.gov/mpsc/comm/rightofway/rightofway.htm.
. 45 Days to Act-Fines for Failure to Act: The METRO Act states that "A municipality shall
approve or deny access under this section within 45 days from the date a provider files an
application for a permit for access to a public right-of-way." MCLA 484.3115(3). The
Michigan Public Service Commission can impose fines of up to $40,000 per day for violations of
the METRO Act. It has imposed fines under the Michigan Telecommunications Act where it
found providers or municipalities violated the statute.
Where to File: Applicants should file copies as follows [municipalities should adapt as
appropriate-unless otherwise specified service should be as follows]:
-- Three (3) copies (one of which shall be marked and designated as the master copy)
with the Clerk at P. 0. Box 536, Muskegon, MI 49443-0536.
CITY OF MUSKEGON
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
By
VERIZON NORTH INC. and CONTEL OF THE SOUTH, INC., d/b/a VERIZON
NORTH SYSTEMS
("APPLICANT")
This is an application pursuant to Sections 5 a11d 6 of the Metropolitan
Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the
"METRO Act") for access to a11d 011going usage of the public right-of-way,
includi11g public roadways, highways, streets, alleys, easeme11ts, a11d waterways
("Public Ways") in the Mu11icipality for a telecommunicatio11s system. The
METRO Act states that "A mu11icipality shall approve or deny access uizder this
.sectio11 withi11 45 days from the date a provider files an applicatio11 for a permit
for access to a public right-of-way." MCLA 484.3115(3 ).
This applicatio11 must be accompanied by a 011e-time applicatio11 fee of $500,
unless the applicant is exempt from this requireme11t u11der Section 5(3) of the
METRO Act, MCLA 484.3105(3).
1 GENERAL INFORMATION:
1.1 Date: October 20, 2003
1.2 Applicant's legal name: Verizon North Inc. and Conte! of the South, Inc.,
d/b/a Verizon North Systems
Mailing Address: 860 Terrace Street, MC: MIGFRIA, Muskegon,
MI 49440
Telephone Number: 1-888-483-2788
Fax Number: 972-719-7948
Corporate website: www.verizon.com
Name and title of Applicant's local manager (and if different) contact person
regarding this application:
2
MailingAddress: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Telephone Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
E-mail Address: ______________________
See attached official list of key Verizon business contacts, including mailing addresses, e-
mail addresses and telephone numbers.
1.3 Type of Entity: (Check one of the following)
_X_ Corporation
General Partnership
Limited Partnership
Limited Liability Company
Individual
Other, please describe: _________________
1.4 Assumed name for doing business, if any: Verizon
1.5 Description of Entity:
1.5. I Jurisdiction of incorporation/formation;
1.5.2 Date of incorporation/formation;
1.5.3 If a subsidiary, name of ultimate parent company;
1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent
officials for non-corporate entities).
This information is publicly available within the Applicant's most recent annual report
filed with the Michigan Department of Consumer and Industry Services
1.6 Attach copies of Applicant's most recent annual report (with state ID number) filed
with the Michigan Department of Consumer and Industry Services and certificate of good
standing with the State of Michigan. For entities in existence for less than one year and for non-
corporate entities, provide equivalent information.
These filings are public information on file with the Michigan Department of Consumer
and Industry Services.
1.7 Is Applicant aware of any present or potential conflicts of interest between
Applicant and Municipality? No.
If yes, describe:
3
1.8 In the past three (3) years, has Applicant had a permit to install telecommunications
facilities in the public right of way revoked by any Michigan municipality?
Circle: Yes [ No]
If "yes," please describe the circumstances.
1.9 In the past three (3) years, has an adverse finding been made or an adverse final
action been taken by any Michigan court or administrative body against Applicant under any law
or regulation related to the following:
1.9.1 A felony; or
1.9.2 A revocation or suspension of any authorization (including cable
franchises) to provide telecommunications or video programming services?
Circle: Yes [No]
If "yes," please attach a full description of the parties and matters involved, including an
identification of the court o'r administrative body and any proceedings (by dates and file
numbers, if applicable), and the disposition of such proceedings.
1. 10 [If Applicant has been granted and currently holds a license to provide basic local
exchange service, no financial information needs to be supplied.] If publicly held, provide
Applicant's most recent financial statements. If financial statements of a parent company of
Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please
explain.
Verizon holds a license, copies attached, to provide basic local exchange service, therefore
no financial information is required to be supplied with this application
1.10.1 If privately held, and if Municipality requests the information within 10
days of the date of this Application, the Applicant and the Municipality should make
arrangements for the Municipality to review the financial statements.
If no financial statements are provided, please explain and provide particulars.
Verizon holds a license, copies attached, to provide basic local exchange service, therefore
no financial information is required to be supplied with this application
2 DESCRIPTION OF PROJECT:
2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide
telecommunications services in Municipality. If no authorizations are applicable, please explain.
4
Attached are copies ofVerizon's licenses, formerly GTE North Incorporated and Conte! of
the South, Inc., d/b/a GTE Systems of Michigan, to render basic local exchange service
issued by the Michigan Public Service Commission.
2.2 Describe in plain English how Municipality should describe to the public the
telecommunications services to be provided by Applicant and the telecommunications facilities
to be installed by Applicant in the Public Ways.
This Permit is submitted for existing facilities within the public right-of-way under
the provisions of Section 5 (3) of Act No. 48 of the Public Acts of 2002, as amended.
2.3 Attach route maps showing the location (including whether overhead or underground)
of Applicant's existing and proposed facilities in the public right-of-way. To the extent known,
please identify the side of the street on which the facilities will be located. (If construction
approval is sought at this time, provide engineering drawings, if available, showing location and
depth, if applicable, of facilities to be installed in the public right-of-way).
CD is included in filing which contains current, confidential and proprietary, route maps
within the Municipality. If the Municipality is unable to view route maps with its current
· software, the information may be viewed using "Bentley View", a free software program,
available to the Municipality on the internet at www.bentley.com
2.4 Please provide an anticipated or actual construction schedule.
No construction is being requested with this permit
2.5 Please list all organizations and entities which will have any ownership interest in the.
facilities proposed to be installed in the Public Ways.
Verizon North Inc.
Con tel of the South, Inc., d/b/a Verizon North Systems
2.6 Who will be responsible for maintaining the facilities Applicant places in the Public
Ways and how are they to be promptly contacted? If Applicant's facilities are to be installed on
or in existing facilities in the Public Ways of existing public utilities or incumbent
telecommunications providers, describe the facilities to be used, and provide verification of their
consent to such usage by Applicant.
Verizon maintains its own facilities with its employees or by contractors under the
supervision of Verizon employees. See attached official list for key employee contacts.
3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE
MATTERS:
Please provide the following or attach an appropriate exhibit.
5
3.1 Address of Applicant's nearest local office;
See attached official list for key employee business contacts within Verizon
3.2 Location of all records and engineering drawings, if not at local office;
See attached official list for key employee business contacts within Verizon
3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact person(s)
for Applicant's engineer or engineers and their responsibilities for the telecommunications
system;
See attached official list for key employee business contacts within Verizon
3.4 Provide evidence of self-insurance or a certificate of insurance showing Applicant's
insurance coverage, carrier and limits of liability for the following:
3.4, I Worker's compensation;
3.4.. 2 Commercial general liability, including at least:
3.4.2.1 Combined overall limits;
3.4.2.2 Combined single limit for each occurrence of bodily injury;
3.4.2.3 Personal injury;
3.4.2.4 Property damage;
3.4.2.5 Blanket contractual liability for written contracts, products, and
completed operations;
3.4.2.6 Independent contractor liability;
3.4.2.7 For any non-aerial installations, coverage for property damage
from perils of explosives, collapse, or damage to underground utilities (known as
XCU coverage);
3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles
used by Applicant, its employee, or agents.
See attached ACORD Certificate of Insurance which meets, and/or exceeds,
minimum limit requirements
3.5 Names of all anticipated contractors and subcontractors involved in the constrnction,
maintenance and operation of Applicant's facilities in the Public Ways.
6
This application is submitted for existing facilities in the public right-of-way under the
provisions of Section 5(3) of Public Act No. 48 of the Acts of 2002. Therefore no contractor
names are being provided to the Municipality. Verizon's construction manager has been
designated a key contact on the attached contact list.
4 CERTIFICATION:
All the statements made in the application and attached exhibits are true and correct to
the best of my knowledge and belief
Verizon North Inc. and Conte) of the
South, Inc., d/b/a Verizon North Systems
~~
Douala E.Williams
Manager - Municipal Affairs
Date: October 20 2003
7
,<OOJ-'1C ~ )
METRO Act
Unilateral Form
CITY OF MUSKEGON
RIGHT-OF-WAY
TELECOMMUNICATIONS PERMIT
This permit issued this ~dday of dve 01 bee , 20Q,L by CITY OF MUSKEGON.
1 Definitions
1.1 Date of Issuance shall mean the date set forth above.
1.2 Manager shall mean the Municipality's designated representative, or his or her
designee, or the Municipality's Clerk if no representative has been otherwise
designated.
1.3 METRO Act shall mean the Metropolitan Extension Telecommunications Right-
of Way oversight Act, Act No. 48 of the Public Acts of 2002, as amended.
1.4 Municipality shall mean CITY OF MUSKEGON, a Michigan municipal
corporation.
1.5 Permit shall mean this document.
1.6 Permittee shall mean Verizon Nmth Inc. and Conte! of the South, Inc., d/b/a
Verizon North Systems ("Verizon"), a telecommunications provider as defined in
Section 102 of the Michigan telecommunications act, 1991 PA 179, and whose
primary address is 860 Terrace Street, MC: MIGFRIA, Muskegon, MI 49440.
1.7 Public Right-of-Way shall mean the area on, below, or above a public roadway,
highway, street, alley, easement, or waterway, to the extent Municipality has the
ability to grant the rights set fmth herein. Public Right-of-Way does not include a
federal, state, or private right-of-way.
1.8 Telecommunications Facilities or Facilities shall mean the Permittee's equipment
or personal property, such as copper and fiber cables, lines, wires, switches,
conduits, pipes, and sheaths, which are used to or can generate, receive, transmit,
carry, amplify or provide telecommunication services or signals.
Telecommunication Facilities or Facilities do not include antennas, supporting
structures for antennas, equipment shelters or houses, and any ancillary equipment
and miscellaneous hardware used to provide federally licensed commercial
mobile service as defined in Section 332(d) of Part I of Title III of the
Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and
-1-
further defined as commercial mobile radio service in 47 CFR 20.3, and service
provided by any wireless, two-way communications device.
1.9 Term shall have the meaning set forth in Part 7.
2 Grant
2.1 Municipality hereby issues a permit under the METRO Act to Permittee for
access to and ongoing use of the Public Right-of-Way within the Municipality to
construct, install and maintain Telecommunication Facilities on the terms set forth
herein.
2.1.1 Upon request of the Municipality, the Permittee will apply for a separate
permit for the construction and installation of Telecommunications
Facilities within the Public Right-of Way, if such permits are required of
all other users of the Public Right-of-Way.
2.1.2 Any decision of Manager on a request by Permittee for a modification
may be appealed by Permittee to Municipality's legislative body or in
accordance with the METRO Act.
2.2 Overlashing. Permittee shall not allow the wires or any other facilities of a third
party to be overlashed to the Telecommunication Facilities without Municipality's
prior written consent. Municipality's right to withhold written consent is subject
to the authority of the Michigan Public Service Commission under Section 361 of
the Michigan Telecommunications Act, MCL § 484.2361.
2.3 Nonexclusive. The rights granted by this Permit are nonexclusive. Municipality
reserves the right to approve, at any time, additional permits for access to and
ongoing usage of the Public Right-of-Way by telecommunications providers and
to enter into agreements for use of the Public Right-of-Way with and grant
franchises for use of the Public Right-of-Way to telecommunications providers,
cable companies, utilities and other providers.
3 Contacts, Maps and Plans
3.1 Permittee Contacts. The names, addresses and the like for engineering and
construction related information for Permittee and its Telecommunication
Facilities are as follows:
3.1.1 The address, e-mail address, phone number and contact person (title or
name) at Permittee's local office (in or near Municipality) is included in
the official, business contact list filed with the Municipality.
3.1.2 If Permittee's engineering drawings, as-built plans and related records for
-2-
the Telecommunications Facilities will not be located at the preceding
local office, the location, address, phone number and contact person (title
or department) for them will be the engineering contact included in the
official, business contact list filed with the Municipality.
3.1.3 The name, title, address, e-mail address and telephone number of
Permittee's engineering contact person(s) with responsibility for the
design, plans and construction of the Telecommunication Facilities are
included in the official, business contact list filed with the Municipality.
3.1.4 The address, phone number and contact person (title or department) at
Permittee's home office/regional office with responsibility for engineering
and construction related aspects of the Telecommunications Facilities is
included in the official, business contact list filed with the Municipality.
3.1.5 Permittee shall at all times provide Manager with the phone number at
which a live representative of Permittee (not voice mail) can be reached
24-hour a day, seven (7) days a week, in the even of a public emergency is
included in the official, business contact list filed with the Municipality.
3.1.6 Permittee shall immediately notify Municipality in writing as set forth in
Part 12 of any inaccuracies or changes in the preceding information.
3.2 Route Maps. Within ninety (90) days after the substantial completion of new
Facilities in a Municipality, a provider shall submit route maps showing the
location of the Telecommunication Facilities to both the Michigan Public Service
Commission and to the Municipality, as required under Section 6(7) of the
METRO Act, MCLA 484.3 l06(7). In accordance with Section 6(5) of the
METRO Act, a provider's existing and proposed facilities that is a trade secret,
proprietary or confidential information is exempt from the freedom of information
act, 1976PA442,MCL 15.231 to 15.246.
3.3 As Built Records. Permittee, without expense to Municipality, shall, upon ten
business days notice, provide Municipality "as built" maps, records, plans and
specifications showing the Telecommunications Facilities or portions thereof in
the Public Right-of-Way following completion of a construction project and until
updated Route Maps are provided to the municipality. The construction plans
submitted with the permit application will meet this "as built" requirement if there
were no material changes from the plans during construction.
4 Use of Public Right-of-Way
4.1 No Burden on Public Right-of-Way. Permittee, its contractors, subcontractors,
and the Telecommunication Facilities shall not unduly burden or interfere with
-3-
the present or future use of any of the Public Right-of-Way. Permittee's aerial
cables and wires shall be suspended so as to not endanger or injure persons or
property in or about the Public Right-of-Way. If Municipality reasonably
determines that any portion of the Telecommunication Facilities constitutes an
undue burden or interference, due to changed circumstances, Permittee, at its sole
expense, shall modify the Telecommunication Facilities or take such other actions
as Municipality may determine is in the public interest to remove or alleviate the
burden, and Permittee shall do so within a reasonable time period. Municipality
will attempt to require all occupants of a pole or conduit whose facilities are a
burden to remove or alleviate the burden concurrently.
4.2 No Priority. This Permit does not establish any priority of use of the Public
Right-of-Way by Permittee over any present or future permittees or parties having
agreements with Municipality or franchises for such use. In the event of any
dispute as to the priority of use of the Public Right-of-Way, the first priority shall
be to the public generally, the second priority to Municipality, the third priority to
the State of Michigan and its political subdivisions in the performance of their
various functions, and thereafter as between other permit, agreement or franchise
holders, as determined by Municipality in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of
Michigan.
4.3 Restoration of Property. Permittee, its contractors and subcontractors shall
immediately (subject to seasonal work restrictions) restore, at Permittee's sole
expense, in a manner approved by Municipality, any portion of the Public Right-
of-Way that is in any way disturbed, damaged, or injured by the construction,
installation, operation, maintenance or removal of the Telecommunication
Facilities to a reasonably equivalent (or, at Permittee's option, better) condition as
that which existed prior to the disturbance. In the event that Permittee, its
contractors or subcontractors fail to make such repair within a reasonable time,
after notice to the Permittee and an opportunity to cure, Municipality may make
the repair and Permittee shall pay the costs Municipality incurred for such repair.
4.4 Marking. Permittee shall mark the Telecommunication Facilities as follows:
Direct buried undergroun_c!_portions of the Telecommunication Facilities shall
have ( 1) a conducting wire placed in the ground at least several inches above
Permittee's cable (if such cable is nonconductive); (2) at least several inches
above that, a continuous colored tape with a statement to the effect that there is
buried fiber optic cable beneath; and (3) stakes or other appropriate above ground
markers with Permittee's name and a toll-free number indicating that there is
buried fiber telephone cable below. Bored underground portions of the
Telecommunication Facilities (fiber) shall have a conducting wire at the same
depth as the fiber cable and shall not be required to provide the continuous
colored tape.
-4-
4.5 Tree Trimming. Permittee may trim trees upon and overhanging the Public
Right-of-Way so as to prevent the branches of such trees from corning into
contact with the Telecommunication Facilities, consistent with any standards
adopted by Municipality. Perrnittee shall dispose of all trimmed materials.
Permittee shall minimize the trimming of trees to that essential to maintain the
integrity of the Telecommunication Facilities. Except in emergencies, all
trimming of trees in the Public Right-of-Way shall have the advance approval of
Manager.
4.6 Installation and Maintenance. The construction and installation of the
Telecommunication Facilities shall be performed pursuant to plans approved by
Municipality. The open cut of any Public Right-of-Way shall be coordinated with
the Manager or his designee. Permittee shall install and maintain the
Telecommunication Facilities in a reasonably safe condition. If the existing poles
in the Public Right-of-Way are overburdened or unavailable for Permittee's use,
or the facilities of all users of the poles are required to go underground then
Perrnittee shall, at its expense, place such portion of its Telecommunication
Facilities underground, unless Municipality approves an alternate location.
Permittee may perform maintenance on the Telecommunication Facilities without
prior approval of Municipality, provided that Perrnittee shall obtain any and all
permits required by Municipality in the event that any maintenance will disturb or
block vehicular traffic or are otherwise required by Municipality.
4.7 Pavement Cut Coordination. Permittee shall coordinate its construction and all
other work in the Public Right-of-Way with Municipality's program for street
construction and rebuilding (collectively "Street Construction") and its program
for street repaving and resurfacing (except seal coating and patching)
(collectively, "Street Resurfacing"), consistent with Section 7 of the METRO Act.
Municipality shall provide Permittee such Street Construction plans in a timely
manner.
4. 7.1 The goals of such coordination shall be to encourage Permittee to conduct
all work in the Public Right-of-Way in conjunction with or immediately
prior to any Street Construction or Street Resurfacing planned by
Municipality.
4.8 Compliance with Laws.{tc \12 "Compliance with Laws.} Permittee shall comply
with all laws, statutes, ordinances, rules and regulations regarding the
construction, installation, and maintenance of its Telecommunication Facilities,
whether federal, state or local, now in force or which hereafter may be
promulgated and consistent with the provisions of the METRO Act. Before any
installation is commenced, Permittee shall secure all necessary permits, licenses
and approvals from Municipality or other governmental entity as may be required
by law, including, without limitation, all utility line permits and highway permits.
Perrnittee shall comply in all respects with applicable codes and industry
-5-
standards, including but not limited to the National Electrical Safety Code (latest
edition adopted by Michigan Public Service Commission) and the National
Electric Code (latest edition). Permittee shall comply with all zoning and land use
ordinances and historic preservation ordinances as may exist or may hereafter be
amended.
4.9 Street Vacation.{tc \12 "Street Vacation.} If Municipality vacates or consents to
the vacation of Public Right-of-Way within its jurisdiction, and such vacation
necessitates the removal and relocation of Permittee's Facilities in the vacated
Public Right-of-Way to protect the public's health, safety or welfare, Pennittee
shall, as a condition of this Permit, consent to the vacation and remove its
Facilities at its sole cost and expense when ordered to do so by Municipality or a
court of competent jurisdiction. Permittee shall relocate its Facilities to such
alternate route as Municipality, applying reasonable engineering standards, shall
specify. Municipality shall grant Permittee an easement for access to maintain
and repair facilities within the Public Right-of-Way being vacated unless
relocation is necessary to protect the public's health, safety or welfare
4.10 Relocation.{tc \12 "Relocation.} If Municipality requests Permittee to relocate,
protect, support, disconnect, or remove its Facilities because of street or utility
work, Permittee shall relocate, protect, support, disconnect, or remove its
Facilities, at its sole cost and expense, including where necessary to such alternate
route as Municipality, applying reasonable engineering standards, shall specify.
The work shall be completed within a reasonable time period. Unless the
relocation is necessitated by the Municipality's discharge of a governmental
function, Permittee may not be required to relocate its facilities at its sole cost.
4.11 Public Emergency.{tc \12 "Public Emergency.} Municipality shall have the right
to sever, disrupt, dig-up or otherwise destroy Facilities of Permittee if such action
is necessary because of a public emergency. If reasonable to do so under the
circumstances, Municipality will attempt to provide notice to Permittee. Public
emergency shall be any condition which poses an immediate threat to life, health,
or property caused by any natural or man-made disaster, including, but not limited
to, storms, floods, fire, accidents, explosions, water main breaks, hazardous
material spills, etc. Permittee shall be responsible for repair at its sole cost and·---
expense of any of its Facilities damaged pursuant to any such action taken by
Municipality.
4.12 Miss Dig.{tc \12 "Miss Dig.1 If eligible to join, Permittee shall subscribe to and
be a member of "MISS DIG," the association of utilities formed pursuant to Act
53 of the Public Acts of 1974, as amended, MCL § 460.701 et seq., and shall
conduct its business in conformance with the statutory provisions and regulations
promulgated thereunder. Nothing in this Permit precludes compliance by any
user of the Public Right-of-Way with the statutory requirements of MISS DIG,
MCL § 460.701 et seq, and to seek location of Permittee's facilities prior to the
-6-
start of any excavation.
4.13 Underground Relocation. If Permittee has its Facilities on poles of Consumers
Energy, Detroit Edison or another electric or telecommunications provider and
Consumers Energy, Detroit Edison or such other electric or telecommunications
provider relocates its system underground, then Permittee shall relocate its
Facilities underground in the same location if such relocation is necessitated by
the municipality's discharge of a governmental function.
4.14 Identification. {tc \12 "Identification.} All personnel of Permittee and its
contractors or subcontractors who have as part of their normal duties contact with
the general public shall wear on their clothing a clearly visible identification card
bearing Permittee's name, their name and photograph. Permittee shall account for
all identification cards at all times. Every service vehicle of Permittee and its
contractors or subcontractors shall be clearly identified as such to the public, such
as by a magnetic sign with Permittee's name and telephone number.
5 Indemnification
5.1 Indemnity. Permittee shall defend, indemnify, protect, and hold harmless
Municipality, its officers, agents, employees, elected and appointed officials,
departments, boards, and commissions from any and all claims, losses, liabilities,
causes of action, demands, judgments, decrees, proceedings, and expenses of any
nature (collectively "claim" for this Part 5) (including, without limitation,
reasonable attorneys' fees) arising out of or resulting from the acts or omissions
of Permittee, its officers, agents, employees, contractors, successors, or assigns,
but only to the extent such acts or omissions are related to the Permittee's use of
or installation of facilities in the Public Right-of-Way and only to the extent of the
fault or responsibility of Permittee, its officers, agents, employees, contractors,
successors and assigns.
5.2 Notice, Cooperation. Municipality will notify Permittee promptly in writing of
any such claim and the method and means proposed by Municipality for
defending or satisfying such claim. Municipality will cooperate with Permittee in
every reasonable way to facilitate the defense of any such claim. Municipality
will consult with Permittee respecting the defense and satisfaction of such claim,
including the selection and direction of legal counsel.
5.3 Settlement. Municipality will not settle any claim subject to indemnification
under this Part 5 without the advance written consent of Permittee, which consent
shall not be unreasonably withheld. Permittee shall have the right to defend or
settle, at its own expense, any claim against Municipality for which Permittee is
responsible hereunder.
6 Insurance
-7-
6.1 Coverage Required. Prior to beginning any construction in or installation of the
Telecommunication Facilities in the Public Right-of-Way, Permittee shall obtain
insurance as set forth below and file certificates evidencing same with
Municipality. Such insurance shall be maintained in full force and effect until the
end of the Term. In the alternative, Permittee may satisfy this requirement
through a program of self-insurance, acceptable to Municipality, by providing
reasonable evidence of its financial resources to Municipality. Municipality's
acceptance of such self-insurance shall not be unreasonably withheld.
6.1.1 Commercial general liability insurance, including Completed Operations
Liability, Independent Contractors Liability, Contractual Liability
coverage, railroad protective coverage and coverage for property damage
from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage, in an amount not less than Five
Million Dollars ($5,000,000).
6.1.2 Liability insurance for sudden and accidental environmental
contamination with minimum limits of Five Hundred Thousand Dollars
($500,000) each accident. Notice of a possible claim must be reported
during the policy period. Any possible claim which becomes an insurable
claim within three (3) years after the policy period, this policy will
respond.
6.1.3 Automobile liability insurance in an amount not less than One Million
Dollars ($1,000,000).
6.1.4 Workers' compensation and employer's liability insurance with statutory
limits, and any applicable Federal insurance of a similar nature.
6.1.5 The coverage amounts set forth above may be met by a combination of
underlying (primary) and umbrella policies so long as in combination the
limits equal or exceed those stated. If more than one insurance policy is
purchased to provide the coverage amounts set forth above, then all
policies providing coverage lillli_ts excess to the primary policy shall
provide drop down coverage to the first dollar of coverage and other
contractual obligations of the primary policy, should the primary policy
carrier not be able to perform any of its contractual obligations or not be
collectible for any of its coverages for any reason during the Term, or
(when longer) for as long as coverage could have been available pursuant
to the terms and conditions of the primary policy.
6.2 Additional Insured. Municipality may be named as an additional insured on all
policies (other than worker's compensation and employer's liability). All
insurance policies shall provide that they shall not be canceled or not renewed
-8-
unless the insurance carrier provides thirty (30) days prior written notice to
Municipality. Permittee shall annually provide Municipality with a certificate of
insurance evidencing such coverage. All insurance policies (other than
environmental contamination, workers' compensation and employer's liability
insurance) shall be written on an occurrence basis and not on a claims made basis.
6.3 Qualified Insurers. All insurance shall be issued by insurance carriers licensed to
do business by the State of Michigan or by surplus line carriers on the Michigan
Insurance Commission approved list of companies qualified to do business in
Michigan. All insurance and surplus line carriers shall be rated A- or better by
A.M. Best Company.
6.4 Deductibles. Permittee shall indemnify and save harmless Municipality from and
against the payment of any deductible and from the payment of any premium on
any insurance policy required to be furnished hereunder.
6.5 Insurance Primary. Permittee's insurance coverage shall be primary insurance
with respect to Municipality, its officers, agents, employees, elected and
appointed officials, departments, boards, and commissions (collectively "them").
Any insurance or self-insurance maintained by any of them shall be in excess of
Permittee's insurance and shall not contribute to it (where "insurance or self-
insurance maintained by any of them" includes any contract or agreement
providing any type of indemnification or defense obligation provided to, or for the
benefit of them, from any source, and includes any self-insurance program or
policy, or self-insured retention or deductible by, for or on behalf of them).
7 Term
7.1 Term. The term ("Term") of this Permit shall be until the earlier of:
7.1.1 Five years from the Date of Issuance which shall automatically renew for
consecutive five year terms unless either the Municipality or the Permittee
provides written notification 180 days prior to expiration of the then
current term of its intent not to renew this Permit at the expiration of the
then current term; or
7.1.2 When the Telecomnmnication Facilities has not been used to provide any
telecommunications services for a period of one hundred and eighty (180)
days by Permittee or a successor or an assignee of Permittee and the
Permittee is not in bankruptcy proceedings; or
7.1.3 When Permittee, at its election and with or without cause, delivers written
notice of termination to Municipality at least one-hundred and eighty
(180) days prior to the date of such termination; or
-9-
7 .1.4 Upon either Permittee or Municipality giving written notice to the other of
the occurrence or existence of a default by the other party under Sections
4.8, 6, 8 or 9 of this Permit and such defaulting party failing to cure, or
commence good faith efforts to cure, such default within sixty (60) days
after having exhausted all appeals or after a determination by a court of
competent jurisdiction, (or such shorter period of time provided elsewhere
in this Permit) after delivery of such notice; or
8 Performance Bond or Letter of Credit
8.1 Municipal Requirement. Municipality may require Permittee to post a bond (or
letter of credit, at the Permittee's determination) as provided in Section 15(3) of
the METRO Act, as amended [MCL § 484.3115(3)].
9 Fees
9.1 Establishment; Reservation. The METRO Act shall control the establishment of
right-of-way fees. The parties reserve their respective rights regarding the nature
and amount of any fees which may be charged by Municipality in connection with
the Public Right-of-Way.
10 Removal
10.1 Removal; Underground. As soon as practicable after the Term, including all
renewals, appeals and determinations as made by a court of competent
jurisdiction, Permittee or its successors and assigns shall, upon request, remove
any underground cable or other portions of the Telecommunication Facilities from
the Public Right-of-Way which has been installed in such a manner that it can be
removed without trenching or other opening of the Public Right-of-Way.
Permittee shall not remove any underground cable or other portions of the
Telecommunication Facilities which requires trenching or other opening of the
Public Right-of-Way except with the prior written approval of Manager. All
removals shall be at Permittee's sole cost and expense.
10.1.1 For purposes of this Part 10, "cable" means any wire, coaxial cable, fiber
optic cable, feed wire or pull wire.
10.2 Removal: Above Ground.{tc \12 "Removal: Above Ground.} As soon as
practicable after the Term, including all renewals, appeals and determinations as
made by a court of competent jurisdiction, Permittee, or its successor or assigns at
its sole cost and expense, shall, unless waived in writing by Manager, remove
from the Public Right-of-Way all above ground elements of its
Telecommunication Facilities, including but not limited to poles, pedestal
mounted terminal boxes, and lines attached to or suspended from poles.
-10-
10.3 Schedule. The schedule and timing of removal shall be subject to approval by
Manager. Unless extended by Manager, removal shall be completed not later than
twelve (12) months following the Term.
11 Assignment. Permittee may assign or transfer its rights under this Permit, or the persons
or entities controlling Permittee may change, in whole or in part, voluntarily,
involuntarily, or by operation of law, including by merger or consolidation, change in the
ownership or control of Permittee's business, or by other means, subject to the following:
11.1 No such transfer or assignment or change in the control of Permittee shall be
effective under this Permit, without Municipality's prior approval (not to be
unreasonably withheld), during the time period from the Date of Issuance until the
completion of the construction of the Telecommunication Facilities in those
portions of the Public Right-of-Way.
11.2 After the completion of such construction, Permittee must provide notice to
Municipality of such transfer, assignment or change in control no later than thirty
(30) days after such occuD'ence; provided, however,
11.2.1 Any transferee or assignee of this Permit shall be qualified to perform
under its terms and conditions and comply with applicable law; shall be
subject to the obligations of this Permit, including responsibility for any
defaults which occuD'ed prior to the transfer or assignment; shall supply
Municipality with the information required under Section 3 .1; and shall
comply with any updated insurance and performance bond requirements
under Sections 6 and 8 respectively, which Municipality reasonably deems
necessary, and
11.2.2 In the event of a change in control, Permittee shall comply with any
updated insurance and performance bond requirements under Sections 6
and 8 respectively, which Municipality reasonably deems necessary.
11.3 Permittee may grant a security interest in this Permit, its rights thereunder or the
Telecommunication Facilities at any time without notifying Municipality.
12 Notices
12.1 Notices. All notices under this Permit shall be given in writing as follows:
12.1.1 If to Municipality: CITY OF MUSKEGON, P. 0. Box 536, Muskegon,
MI 49443-0536.
12.1.2 If to Permittee: Permittee's Manager of Municipal Affairs at the address
included in Permittee's contact information maintained with the
Municipality and included in Verizon's contact list filed with the
-11-
Municipality.
12.2 Change of Address. Permittee and Municipality may change its address or
personnel for the receipt of notices at any time by giving notice thereof, in
writing, to the other as set forth above.
13 Other items
13.1 No Cable. OVS. This Permit does not authorize Permittee to provide commercial
cable type services to the public, such as "cable service" or the services of an
"open video system operator" (as such terms are defined in the Federal
Communications Act of 1934 and implementing regulations, currently 47 U.S.C.
§§ 522 (6), 573 and 47 CFR § 76. 1500).
13.2 Effectiveness. This Permit shall become effective when Permittee has provided
any insurance certificates and bonds required in Parts 6 and 8, and signed the
acknowledgement of receipt, below.
13.3 Authority. This Permit satisfies the requirement for a permit under Section 5 of
the METRO Act [MCL 484.3105].
13.4 Interpretation and Severability. The provisions of this Permit shall be liberally
construed to protect and preserve the peace, health, safety and welfare of the
public, and should any provision or section of this Permit be held
unconstitutional, invalid, overbroad or otherwise unenforceable, such
determination/holding shall not be construed as affecting the validity of any of the
remaining conditions of this Permit. If any provision in this Permit is found to be
partially overbroad, unenforceable, or invalid, Permittee and Municipality may
nevertheless enforce such provision to the extent permitted under applicable law.
13.5 Governing Law. This Permit shall be governed by the laws of the State of
Michigan.
Attested / C~~ -~
by:Jj~{l~-~T By:.-::::=~~,~qc_=;,:t:":,;\-,~_.::=..._ _ _
-
lts: Ci St Clerk Its: O .
Date,-d,:i_s::-0 ·1 Date: 11-;l_-s- 0 :I
-12-
Acknowledgement of Receipt: Permittee acknowledges receipt of this Permit granted by CITY
OF MUSKEGON.
Verizon North Inc. and Conte! of the South, Inc.,
d/b/a Verizon North Systems
By:
Its:
fil-M, ~---
~4'(16
/Yl,.J/1, Wfi"-L ei~
Date: 17-lt-6?
-13-
FOR OFFICIAL USE ONLY
Verizon Communications
Contact List
October 2003
District: Northern
Function Name Mailing Address Office Fax e-mail
Teleohone Number address
Engineering Joan Timm 223 Lockwood Street 989-356-8246 989-356-4059 Joan.timm@verizon.com
Manager Alpena, Ml 49707
Construction Bill Gilliam P. 0. Box 269 231-727-1214 231-727-1192 Bill.Gilliam@verizon.com
Manager Muskegon, Ml 49443
24-Hour Verizon Repair 1-800-483-2000
Verizon Resolution Center (Ask for.Escalation
Contact Desk)
Customer Tim Smith P. 0. Box 269 231-727-1260 231-727-1118 Tim.smith@verizon.com
Service Muskegon, Ml 49440
ManaQer
Municipal Don Williams 600 Hidden Ridge 888-483-2788 972-719-7948 Williams.donald@verizon.com
External MC: HQE02E64
Affairs Irving, TX 75038
Manaqer
-.,.-,_. __ ,,..-a:~
CERTIFICATE NUMBER
NYC-001472644-06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
MARSH USA (NEW YORK)
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
ATTN: JANET NORMAN
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
1166 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10036-2774 COMPANIES AFFORDING COVERAGE
(212) 345-5029 COMPANY
1042 -all-all-02-03 A AMERICAN HOME ASSURANCE CO
INSURED COMPANY
VERIZON COMMUNICATIONS INC. 8 Jllinois National Ins Co.
1717 ARCH smEET Floor 32S
COMPANY
PHILADELPHIA, PA 19103
C N/A
COMPANY
D INS CO STATE OF PENN (AIG)A+• XV BEST RATING
i_cQ.\l~-~~-g~:11Jm~1~*¥*W~ij~~~~~~ut&mie~~W®ret@~«~~~&1~~•12i\w,
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICAlED.
NOlWITHSTANOING ANY REQUIREMENT, TERM OR CONOJTION OF ANY CONTRACT OR OTHER DOCUMENT Wnli RESPECT TO WHICH ll-lE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY lHE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS ANO EXCLUSIONS OF SUCH POLICIES. LIMITS $HONN
MAY HAVE BEEN REDUCED BY PA!D CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
co TYPE OF INSURANCE POLICY NUMBER DATE (MM/0D/YY) DATE (MM/DDIYY)
LIMITS
LTR
GENERAL LIABILITY RMGL 480-56-81 06/30/03 06/30/04 GENERAL AGGREGATE $ 10,000,000
A
X COMMERCIAL GENERAL LIABILITY PRODUCTS • COMP/OP AGG $ INCLUDED
2,000,000
CLAIMS MADE [8J OCCUR PERSONAL & ADV INJURY $
EACH OCCURRENCE $ 2,000,000
OWNER'S & CONTRACTOR'S PROT
$ 50,000
$ 10,000
AUTOMOBILE LIABILITY RMCA 66.12099 A/0/S 06/30/03 06/30/04 $ 2,000,000
A COMBINED SINGLE LIMIT
A X ANY AUTO RMCA 6612097 TEXAS 06/30/03 06/30/04
A X RMCA 6612098 VA 06/30/03 06/30/04 BOD!LY INJURY $
ALL OWNED AUTOS
(Per person)
SCHEDULED AUTOS
X BOD!L Y INJURY
HIRED AUTOS
(Per accident)
$
X NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO
011-iER 1HAN AUTO ONLY: ~q.~~t}f~~~;L~i
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY AUC3681516-03 06/30/03 06/30/04 EACH OCCURRENCE $ 10,000,000
G
AGGREGATE $ 10,000,000
X UMBRELLA FORM
A
OlHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
RMWC 5211529 A/0/S 06/30/03 06/30/04 X
WC TATU-
TORY LIMITS
0TH
ER
$
. ~-">~
,;,····~~~ ..
-;;'~ -~~3?.
RMWC 5211525 -IL, NY,WI 06/30/03 06/30/04 EL EACH ACCIDENT $ 2,000,000
B
THE PROPRIETOR/ RMWC 5211524 • CA 06/30/03 06/30/04 EL DISEASE-POLICY LIMIT $ 2,000,000
A INCL
PARTNERS!EXECUTIVE 06/30/04 2,000,000
D OFF!CERS ARE: EXCL RMWC 5211528 • AR,FL,MA,TN,V 06/30/03 EL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE TliE EXPIRATION DATE TliEREDF,
ntE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _-lQ DAYS WRITTEN NOTICE TO TliE
EVIDENCE OF INSURANCE FOR THE ABOVE CERTIFICATE HOLDER NAMED HERElN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
NAMED INSURED. LIABILITY OF ANY K!NO UPON THE INSURER AFFORD/NG COVERAGE, ITS AGENTS OR REPRESENTATIVES.
MARSH USA INC.
BY: Steven Becker
ST ATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF CONSUMER & INDUSTRY SERVICES O.avld C. HoUister
GOVERNOR
LANSING • ,rector
.-\pril 17, 2003
Mr. Paul h1glie
Assistant Vice President-
Public Policy ,md External Affairs
Vecizon
124 W. Allegan, Suite 602
Lansing, Mi.48933
Mr. Fuglic:
The METRO Authority has rec~ved the request from Verizon for a 180-day extension to meet the
application filing requirements ·with municipalities, as required under section 5 (3) .
.\s outlined under section 5 (4) the .A\l!:hority may grant, for good cause, an additional 180 days to
submit applications required under section 5 (3).
Your request for an extension through October 27, 2003 for the filing of applications to
municipaliries is granted.
If you hal'e questions please contact me at 517-_335-5446.
s~c~l,
Robert E. Tuttle Jr., Director~
:--!E-r'RO ., uthority
cc: Tom Loncrg•n - !\f PSC
William Mathewson -1\IML
D,vi.d Bertram - MTA
METRO Authority
525 W. Ottawa• Lan•ing, Michigan '6913
www.michigan.gov • Phone (517)335-5446 • Fax (511)335-.(037
State of Michigan
Department of Commerce
MICHIGAN PUBLIC SERVICE COMMISSION
Lansing, Michigan
GTE NORTH INCORPORATED has been granted a permanent license consistent with the
requirements set forth in the Michigan Telecommunications Act, 1991 PA 179, MCL
484.2101 et seq., to render basic local exchange service within the geographic area described
on the attached pages, subject to all requirements provided by law and the lawful orders and
regulations of the Michigan Public Service Commission. This license cannot be sold or
otherwise transferred without prior approval from the Michigan Public Service Commission
and the licensee may not discontinue basic local exchange service without first complying
with the requirements of Section 313 of the Michigan Telecommunications Act, MCL
484.2313.
Steven M. Fetter
Chairman
Ronald E. Ru7sei0
Commissioner
fo~onnell
Commissioner
Dorothy Wideman
Its Executive Secretary
State of Michigan
Department of Commerce
MICHIGAN PUBLIC SERVICE COMMISSION
Lansing, Michigan
CONTEL OF THE SOUTH, INC. d/b/a GTE SYSTEMS OF MICHIGAN has been granted
a permanent license consistent with the requirements set forth in the Michigan
Telecommunications Act, 1991 PA 179, MCL 484.2101 et seq., to render basic local
exchange service within the geographic area described on the attached pages, subject to all
requirements provided by law and the lawful orders and regulations of the Michigan Public
Service Commission. This license cannot be sold or otherwise transferred without prior
approval from the Michigan Public Service Commission and the licensee may not discontinue
basic local exchange service without first complying with the requirements of Section 313 of
the Michigan Telecommunications Act, MCL 484.2313.
Ronald E. Russell ~
Commissioner
__£,/
"· ;;/ g_ ,([ h ,.,, L- ,,i, '·1 :l1' !99Ji
/1... , J.-,._.et.
o=
-·-~ ~- ,..,.,.__ l,A
Dated ~n . onnell
.. '. v·
)
Date: November 13, 2003
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Special Events Policy
SUMMARY OF REQUEST:
To adopt the attached Special Events policy that has
been amended to reflect the costs to be incurred by the
groups hosting the special event
FINANCIAL IMPACT:
Special events should become budget neutral
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Leisure Services Board will address the policy at
their meeting on
Date: November 13, 2003
To: Honorable Mayor and City Commissioners
From: Ric Scott
Re: Special Events Policy
A committee representing the various departments that
coordinate special events redrafted the special event's
policy to reflect the commission's desire to have
special events be revenue neutral. The intent of the
policy is to give quality service to the event, at a
reasonable price, but with no net expense to the city.
We also intend to have most of the work done on
overtime, so that i t does not take away time needed to
maintain existing city facilities.
There is an increase in fees, particularly for those
events that don't submit the information on a timely
basis. The later we know about the event, the more time
we have to take to try to get ready for it. We have
included in the application form various types of
services and their cost. We will expect the event to
indicate their needs for city services and then we can
calculate the approximate cost of city services to the
event. This will hopefully reduce the amount of city
services required.
The Leisure Services Board will review the policy on
Monday, November 127tha and I expect that they will have
a recommendation for you after the meeting.
I would ask that you adopt the new special events
policy.
Thank you for your consideration.
i' ; / "\
I c, l h )
CITY OF MUSKEGON
SPECIAL EVENTS/SPECIAL ALCOHOL LICENSE POLICY
INTRODUCTION
Throughout the year, the City of Muskegon is asked by various organizations to supply
various Services for special events, including the approval of special liquor licenses.
While the Police Chief must sign all alcohol-related requests, several other departments get
involved in the process, including the Department of Leisure Services. This policy
centralizes the administration of special liquor licenses and special events with the
Department of Leisure Services and provides rules and regulations to govern both the
granting of the special request and the on-site administration of the event. The final
authority for signing the ;special liquor licenses, however, remains with the Police Chief
In the best interest of the city, this policy allows for only one(!) special alcohol license for
outdoor events on any given night in the City of Muskegon, unless a specific event needs
more than one license. Licenses will only be granted for events sponsored by non-profit,
charitable, or service organizations involving broad community support, and not for private
profit-making activities. The following events are expected, under normal circumstances
to have licenses granted annually.
a. Memorial Day Spectacular
b. Ten Parties-in-the-Park
c. Summer Celebration
d. Shoreline Spectacular
f Up to two additional beer tent days per month from Memorial Day
to Labor Day
g. Only three days per month for outdoor events after Labor Day and
before Memorial Day and they must be on consecutive days.
PROCEDURE FOR REQUESTING A SPECIAL EVENT PERMIT
I. All requests for a special permit shall be filed with the Department of Leisure
Services at least sixty days prior to the event.
a. A fifty dollar ($50. 00) administration fee
must accompany the request.
b. Applicants submitting the application 59-45 days before the event
will be charged $150.
c. Applicants submitting the application 44-30 days before the event
will be charged $250.
d. Applicants submitting the application 29 days or less before the
event will be charged $450.
e. Failure to apply sixty days prior to the event is
cause to deny the request
II. The request for a special permit shall be in writing and must be submitted on the
appropriate application form. Application for outdoor special liquor licenses shall
be for beer and wine only.
II. All special permittees agree to the following:
a. While a Police Officer's presence may not be required at all special
events, it shall be at the discretion of the Chief of Police as to
whether or not, and how many, City Police Officers will be required
at any special event. Event sponsors will be responsible for
payment of officer(s) service based on the time-and-one-half or
triple time established rate plus benefits and all overhead cost.
b. For all alcohol-related events, the applicant will provide a system of
Checking I.D.'s to prohibit underage drinking.
c. Where the event is being held on City-owned or controlled property
the applicant shall provide an amount of insurance as set by the City
for liquor liability and general liability insurance, naming the City as
an additional insured. An acceptable certificate of insurance must
be submitted prior to approval.
d. All outdoor events shall provide adequate restroom (port-o-jon)
facilities including adequate handicapped accessible facilities.
e. Hours of operation shall be posted in the beverage serving area.
f For alcohol events, the applicant shall agree to stop selling drink
tickets at 10:30 P.M., stop pouring beverages at 11 :00 P.M., and
have the area cleared by 11 :30 P.M.
g. The applicant shall provide evidence and certification that the
organization shall at all times have person's pouring beer or selling
beverages that have received alcohol awareness training at every
serving station. (The applicant shall provide evidence and
certification to the City that persons pouring beer or selling
beverages have received alcohol awareness training.)
h. Checking for underage drinking and over consumption of patrons is
the responsibility of the sponsoring group, not the police.
1. Where the event is held on city owned or controlled property, the
applicant shall be responsible for all clean up of city facilities after
an event, and for providing a dumpster. If the event is on other
property, the cleanup shall be the responsibility of the owner. The
city shall have the right to enforce cleanup measures, including but
not limited to entry and cleaning by city personnel and charging and
liening the cost to the owner, occupant, or applicant or all of them.
1 The applicant shall reimburse the city for all out-of-pocket expenses
related to the set-up or clean up of the event, including overhead
costs. A list of expenses is attached.
k. Failure to comply with all city rules and regulations may result in
the denial of future requests.
I. Digging or staking on grounds will be cleared through Miss Dig. A
minimum of a 5 working day notice is required. The sponsoring
agency is responsible for contacting Miss Dig (l-800-482-7171),
and paying for any damage of underground utilities created by
digging or staking.
m. City Staff may require a meeting for event sponsors where city staff
needs clarification of service requests. Failure to attend the meeting
could result in the denial of the request.
n. Understand that the event location is subject to all building,
plumbing, mechanical, electrical, and fire codes. The permittee will
schedule an inspection by any and all required inspectors and pay
the inspection fee as set by the City Commission in the adopted fee
schedule. It may be possible that a firewatch will be required by the
Fire Marshal. The licensee is responsible for all costs associated
with providing this service, including but not limited to current wage
rate plus benefits and all overhead costs.
IV. HANDLING OF REQUESTS
a. The Leisure Services Board shall review all requests for special permits,
except as otherwise provided by this policy.
1. Any indoor facility may need an inspection before approval can be
granted.
2. The Board shall approve, deny, or table all requests at the Board
Meeting following the receipt of the request.
3. The reviews by other departments shall be provided in copy form to
the Leisure Services Board.
b. Where the applicant proposes an indoor alcohol event occurring after Labor
Day or before Memorial Day, staff and other departments of the City shall
only review the application. The Leisure Services Board review shall not
be necessary, unless City facilities are proposed to be used for the event.
c. Where the Leisure Services Board reviews an application and denies same,
it shall state in writing the reasons for the denial. An appeal of that decision
may be made to the City Commission, whose decision shall be final.
d. Where an existing Liquor Control Commission licensee applies for a special
license, the review shall be made by the staff and other departments of the
City as needed before the Police Chief's decision. Any moneys owed the
City could be reason for denial.
e. All requests that include road closure shall go to the traffic Committee for
review prior to final approval, denial, or tabling by the Leisure Services
Board. The sponsoring agency will be responsible for all associated costs.
The Traffic Committee meets monthly on the second Friday. Applicants
must provide a map showing the proposed route for walks, runs, parades,
etc. for pre-approval before the event can be approved by the Leisure
Services Board.
f Sales of all items for special events must be out of the public right-of-way.
Street sales of newspapers, poppy's, etc. shall not be allowed except for
those events that have existed before September 1, 1996, which will be
allowed as long as they exist. These events include The Old Newsies,
Muskegon High School Band Tag Sale, the Veteran's Poppy sale, and the
Kiwanis.
******************************************************************
INSURANCE REQUIREMENTS
High degree of risk (H) $1,000,000
Medium degree of risk (M) 500,000
Low degree of risk (L) 100,000
Event minimum requirements:
Parties-in-the-Park (H) Parades (L)
Carnivals (H) Block Parties (L)
Organized Walks/Runs (M) Summer Celebration (H)
Shoreline Spectacular (H) Winterfest (H)
Fireworks (H) Alcohol licenses (H)
Any event using City streets and/or sidewalks (M)
10-16-03
DRAFT 2 October 20, 2003
C:\DOCUME~I\KUNDIN~I\LOCALS~l\Temp\Special Events Agreement II.doc
Agreement
THIS AGREEMENT, entered into as of of _ _~ 2004, between
Michigan, ("Leasee"), and CITY OF MUSKEGON, 933 Terrace Street, Muskegon,
Michigan, ("City").
WITNESSETH:
WHEREAS, Leasee has acquired all necessary licenses and proper insurance coverages;
and,
WHEREAS, City has certain public recreational locations, facilities, and specific special
items and/or equipment that it desires to lease for a specific special event; and,
WHEREAS, City and Leasee have agreed upon the terms and conditions of the use of
said public recreational location, facilities, and specific special items and/or equipment
and the special event plan to be executed by Leasee;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Insurance
I) That Leasee agrees to obtain and maintain the proper insurance pursuant to City
Special Events Policy.
2) That Leasee will not serve alcoholic beverages of any kind during the event. ( change
wording if alcohol is being served)
3) Leasee and City agree to the following hold harmless clause.
a) Leasee agrees to indemnify, defend, and hold harmless the City and its officers
and employees against all claims, demands, damages, costs, and liabilities arising
out ot; or in connection with, the performance by Leasee or City or any of their
officers, employees, or agents under this AGREEMENT, excepting only loss,
injury, or damage caused solely by the negligent acts or omissions of City or any
of its officers or employees.
Special Items
1) Special items, equipment, and/or services to be provided by City to Leasee for
aforementioned event are as stated in Addendum A
2) That Leasee agrees to pay City the estimated cost for the any and all special items,
equipment, and/or services provided to Leasee as stated in Addendum A
DRAFT 2 October 20. 2003
C:IDOCUME~l\KUNDIN~l\LOCALS~l\Temp\Spccial Events Agreement II.doc
3) The Leasee acknowledges and understands that the dollar amounts stated in
Addendum A are an estimate only and that additional charges may be added once the
event has concluded.
Payment
1) That Leasee agrees to pay the nonrefundable down payment of twenty-five percent
(25%) thirty (30) days prior to the commencement of the event.
2) That Leasee agrees to make final payment to City for services and/or items no later
than thirty (30) days after receipt of invoice for services and items provided. Also, it
is agreed that a one percent (1%) per month or twelve percent (12%) per annum
interest rate will be applied on any unpaid balances remaining after the initial thirty
(30) day period.
3) That the Leasee agrees to pay City for any additional services and/or provided items
above and beyond the aforementioned estimate provided by City staff
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
date and year first above written.
CITY OF MUSKEGON
Ric Scott - Leisure Services Director Effective Date
( additional City name - Title) Effective Date
(Leasee's Name)
Leasee' s Authorized Agent/Representative Effective Date
Title
(additional Leasee name - Title) Effective Date
iii
\h~I !'tHdllAfill'fl.ShortJh~ (Uy
City of Muskegon Request for Special Event/Special Alcohol License
Fee Schedule: $50.00 administrative fee must accompany each request submitted prior to 60 days before
the event
$150.00 fee for applications submitted 59-45 days prior to the event
$250.00 fee for applications submitted 44-30 days prior to the event
$450.00 fee for applications submitted 29 days or less prior to the event
**First time events will pay only the $50 fee.
Failure to apply sixty days prior to event is cause to deny the request.
Please fill out this form and return to the De1,artment of Leisure Services, P.O. Box 0536, 933
Terrace St., Muskegon, MI 49443-0536, TeleJ>hone: (231) 724-6704 (Fax) (231) 724-1196
Applicant Organization_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Contact Person
-------------------------------
Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ City_ _ _ _ _ _ _ _St ate_ _ _ Zip_ _ __
Daytime Phone_ _ _ _ _ _ _ _ _ _~Alt. Contact#_ _ _ _ _ _ _ _ _ _ _ _ _ __
Special Event Title_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Description of Event_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Location of Event_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Reason for Event
-------------------------------
Date(s) of Event_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Hours of the Event_ _ _ _ _ _ __
Anticipated crowd size_ _ _ _ _ _ _ _ _ _ _ _ __
Will Alcohol be sen•ed _ _ _ _Yes _ _ _ _No
*For all alcohol related events, the applicant will provide a system of checking I.D to prohibit underage
drinking. (item b, Special event policy) Hours of operation shall be posted in the beverage serving area. For
alcohol events. the applicant shall agree to stop selling drink tickets at 10:30 p.m. and stop pouring
beverages at 11 :00 p.m., m1cl_have the area cleared by 11:30 p.m. (Special EVQlltpolicy, e, I)
How will I.D. check be handled?
The applicant shall provide evidence and certification that the organization shall at all times have person's
pouring beer or selling beverages that have received alcohol awareness training at every serving station.
(TI1e applicant shall provide evidence and certification to the City tliat all persons pouring beer or selling
beverages have received alcohol awareness training.) Checking for underage drinking and over
consumption of patrons is the responsibility of the sponsoring group, not tlte police. (Special event policy,
item g, h)
Will City Streets or Sidewalks be used? _ _ _ Yes _ _ _ No
If yes-Do they need to be closed? - - -Yes
_ _ _No
Name of Insurance Com11any_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Policy number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
•• Where the event is being held on City-owned or controlled property the applicant shall provide an
amount of insurance as set by the City for liquor liability and general liability insurance, naming the City as
an additional insured. An acceptable certificate of insurance must be submitted prior to approval.
Regulations of the license/permit:
I. All rules and regulations of the City of Muskegon Special Events/Special Alcohol Policy
Shall be complied with. TI1e final authority for signing the special liquor licenses,
however, remains with the Police Chief.
2. All City of Muskegon Ordinances shall be complied with.
3. The licensee will save the City of Muskegon hannless from all claims.
4. A proofofliability insurance in the amount of $_ _~is required. A copy of the
Certificate of Insurance naming the City of Muskegon as additional insured is required
before the permit can be approved.
5. Special requirements as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
With my signature, I certify that I have read and understand the regulation of this license/permit I
also understand that City staff may require a meeting with applicant organization to help clarify the
requests for services. Failure to attend the meeting could result in the denial of the request.
Signature of Applicant Date Director of Leisure Services Date
Date Received in Office _ _ _ _ __ Staff Signature _ _ _ _ _ _ _ _ _ _ _ _ _ __
10-16-03
SPECIAL EVENTS
REQUEST FOR CITY SERVICES
PARKS DEPARTMENT
Instructions
Please check off any additional City Services that you may need. The applicant organi,.ation shall
reimburse the City for all out-of-pocket expenses related to the set-up or clean up of the event, including
overhead costs.
Power (must adapt to what is on site including plugs) Yes__ No _ _ (no charge)
Port-O- Jons Yes No Location -~--~---
Applicant is responsible for making arrangements with a vendor.
• All outdoor events shall provide adequate restroom facilities including adequate handicapped
accessible facilities (item d) Applicant should also provide a sink.
Water hook Up Yes_ _ No _ _ (no charge)
TI1e City of Muskegon will not provide hoses for trailers/concessions. It is the responsibility of the
Applicant to provide hoses for potable water use.
Irrigation- will it effect your event if it comes on at night? Yes_ _ No _ _
Park Rangers- are they needed? Yes __ No _ _ ($15/ hour /ranger) How many _ _ _ and for
what hours - - - - - - -
Trash cans Yes__ No __ metal (55 gal) ($5/can) number of cans needed
Yes__ No __ plastic Rubbenuaid (55 gal) $10/can Number of cans needed
Yes__ No _ _ trash bags ($25/case)
Snow fence Yes__ No _ _ wood 50 foot ($30/roll) OR
Yes__ No _ _ plastic 50 foot ($25/roll) How many rolls __
Fence Posts Yes__ No _ _ ($3/post) How many __
Park Bench's Yes__ No __ ($10) How many _ _
Bleachers Yes__ No__ ($ 125) How many _ _
Hang banners Ycs_ _ No __ ($50/banner)
Will stakes be driven in ground or overhead devices be near power lines? Yes__ No _ _
• Applic:mt must Call Miss Dig (1-800-482-7171) at least 5 WORKING DAYS before event. Call to
set up a tin1e to meet on site. Applicant shall coordinate with City on Time prior to calling. (Free
Service)
Dumpster- responsibility of the Applicant (item I)
Keys for a building Yes__ No __, if yes what building? _ _ _ _ _ ($50 refundable deposit)
Water faucet tnrn on Yes No
Restrooms Opened? Yes__ No __
Park Stage(adjustable) 4x8 sections, total of 10 sections, indoor or outdoor use Yes No
($50/section) Total sections req,tircd --
Picnic tables Yes___ No __ ($10/ table) how many?cc------,-,-
Party in the Park tables - Do not belong to Parks Dept. We can provide contact number for renting and
hauling
Trailer Yes__ No _ _ ($25/hour)
Portable PA System Yes __ No __ ($25)
Turf truck Yes__ No __ ($ 100/day)
The following items can he rented at local rental agencies. The rental rate for the use of city
equipment will be at the current rental com11any rate.
Barricades "A" Frame for blocking off parking lots Yes__ No __
Work to be done by city staff shall be reimbursed at $50/bour 1>lus equipment rental rates for
vehicle usage to perform the task.
Mark fields/sidewalks Yes_ _ No Goal posts Yes_ _ No __
Sweeping- side walks/parking lots Yes_ _ No __
Lights/set for certain lime to go on and off Yes_ _ No __
Level an area Ycs____ No What area _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City delivery of items Ycs_ _ No __ Mowing Yes_ _ No __
Wood chips/tree trimming (ForestrY Dept) Yes__ No __
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
All other equi11mcnt, materials and/or su11plies is the rcs11onsibility of the organization such as,
edcnsion cords, hand tools, traffic tape, etc.
**************************************************************************************
This Line for City use only.
TOTAL ESTIMATED COST _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
SPECIAL EVENTS
REQUEST FOR CITY SERVICES
HIGHWAY DEPARTMENT
Portable grill Ycs_ _ No _ _ ($25)
Barricades for roads Yes_ _ No __ Type T-1 _ _ ($3) T-2 _ _ ($2) T-3 _ _ ($5) Per day
Traffic Cones Yes_ _ No _ _How many? _ _ ($1 per cone/ day)
Construction Barrels Yes_ _ No _ _ How many? _ _ ($2 per barrel /day)
No park signs Ycs_ _ No _ _ How many? _ _($1 per sign/day)
Signage with special wording Yes_ _ No _ _ (Actual Cost)What wording _ _ _ _ _ _ _ _ __
Lift truck/Sign truck Yes_ _ No __ ($12.56/hr)
Water services/Fire hydrants Yes_ _ No __ ($300/event including water testing)
Minimum of 72 hours need prior to event to test water
Generators Yes_ _ No __ ($9.65-$12.02 hour) - (depending on size)
Equipment Services Yes_ _ No _ _ Backhoe _ ($37.68/ln) Dump trucks _ _ ($26.89/hr)
Front End loader _ _ ($40.29/hr) Fork lift __ ($38.57/hr) Excavator_ _ ($53. 17hr) High
Ranger_ _ ($38.0lhr)
Special Event Tool Trailer. Yes_ _ No _ _ ($ l00.00 per event)-(plus lost/damaged replacement tool
costs)
Sweeping of City streets Yes_ _ No _ _ ($120.00/ln)-(actual contractor costs apply)
Sand Bags Yes_ _ No _ _($1.00 per bag)
Brining Yes__ No _ _($39.40/hr) (plus material/brine per gallon costs)
Special markings on roads - start and finish lines Ycs _ _ No _ _(actual marking/paint material costs)
Digging or staking on ground will/must be cleared through Miss. Dig. A minimum of 5 working days
notice is required. TI1e sponsoring agency is responsible for contacting Miss Dig at 1-800-482-7171. Miss
Dig will mark all overhead devices near power cables or stakes to be driven into the road or ground. Please
coordinate with City on Tinle prior to calling._ (Free Service)
All work 11c1formed by city staff will be at $50/hour 11lus equipment rental rates.
All other equipment, materials and/or supplies is the responsibility of the organization such as, extension
cords, hand tools, traffic tape, etc.
**************************************************************************************
TI1is Line for City use only.
ESTIMATED COST FOR CITY DPW SERVICES,_ _ _ _ _ _ _ _ _ _ _ _~
SPECIAL EVENTS
REQUEST FOR CITY SERVICES
POLICE SERVICES
Will your event need police services? Yes No
The cost for police services is as follows:
Straight time officers ($40/hour/officer based on 2003 rates)
Time and a half officers ($60/hour/officer based on 2003 rates)
Triple Time officers ($120/hour/officer based on 2003 rates)
The Police Department will determine the total number of officers needed for each event.
**************************************************************************************
This Line for City use only.
ESTIMAIBD COST FOR POLICE SERVICES _ _ __ __ _ _ __ __ _ __ __
TOTAL ESTIMATED COST FOR ALL CITY SERVICES
11-12-03
This amended Special Events Policy has been adopted November 25,
2003.
Ga~
City Clerk
K
QJ&•;c~r j
Date: November 25, 2003
To: Mayor and City Commission
From: Public Works
RE: Heating Renovations in Public Service Building
SUMMARY OF REQUEST: This is the first phase of heating unit
replacements in the Public Service Building with energy efficient units.
The only acceptable bid was from East Muskegon Roofing for
$82,725.00. This will eliminate corrosion of roof deck and give up to 29%
energy sav'1ngs.
FINANCIAL IMPACT: This project is funded in the Public Service
Building Fund Budget for 2003.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Proceed with the heating renovations.
COMMITTEE RECOMMENDATION
Z:\DOCS\Heating Renovations in PSB Agenda Item cover.doc
Public
Works
Memo
To: Robert Kuhn, Public Works Director
From: Bob Fountain, Special Operations Supervisor
Date: November 18, 2003
Re: Heating Renovations for Public Service Building
We are proposing to renovate the heaters in the Public Service Building. This project is part of our plan
to improve the energy efficiency of the building. The large increase in natural gas prices has dictated
that improving the efficiency of heating units is our first priority. After consultation with local contractors
and our energy consultant, Tower Pinkster Titus, we decided the largest savings would be in upgrading
our unit heaters in the storage garage and mechanical repair garage. This is roughly 2/3 of the square
footage of the building and a 20 ft ceiling. We would be removing the existing heating units and replace
with low intensity infrared tube units that could save 10-25% energy. These new units would be vented
to the outside so that we would not have condensation on our steel roof deck. Recently a large area of
roof deck had to be replaced due to corrosion from the existing un-vented heating units.
We contacted 10 local heating contractors and advertised in the Muskegon Chronicle. On October 28,
2003 we took bids and received only 2 submittals. One of these was submitted without the required bid
bond and could not be accepted. Note that the discarded bid was 36% higher. Thus we received only
one valid bid which was from East Muskegon Roofing and Sheet Metal. Our understanding is that it
was the requirement for bid bond which produced so few bidders.
Our specifications asked for prices on 3 different installation phases. The first phase was to replace
heaters in the vehicle storage area and mechanical repair area. A second phase included heater
replacement in work shops and the warehouse. The phase will be postponed for a later date. A third
phase was to replace the heaters in the Cemetery Shop and will be forwarded to the Leisure Services
Director for his consideration.
The bid from East Muskegon includes the following components as specified:
Phase 1 base bid for infrared tube heating installation $75,725.00
Option #1 Upgrade to 2-stage heaters for additional 10% energy savings $1,710.00
Option #2 Install central energy management system $5,290.00
Total Amount $82,725.00
Attached is the bid, a product description, a case study comparing infrared and forced air heating and a
proposed payback schedule.
Z:\DOCS\Heating Renovations in PSB Agenda Item cover.doc 2
Heating Renovations at Public Service Building
The following chart predicts a payback based on an estimated reduction of 29% in energy consumption
when the new heaters are installed in the vehicle storage and mechanical repair areas. It was assumed
that 66"/o of the total building heating cost is for this area based on the size of this area. Our payback
would be 6 years to recover the investment.
Public
Service
Building
Heating
Renovations:
Payback
Analvsis
Vehicle
Heating Cost Vehicle Area Area Heat Reduction Payback
Year ($) Share(%) ($) (%) ($)
2001 34,433 66% 22,726
2002 35,348 66% 23,330
2003 75,000 66% 49,500 29% 14,355
Divide 82,725
by 14,355
equals 5.8 years
Page3 of 7
Heating Renovations at Public Service Building
ROOFING SPECIALISTS SHEET METAL
INDUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL - RESIDENTIAL BLOW PIPE· AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLO ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITION/NG
1665 HOLTON ROAD
MUSKEGON, Ml 40445-1498
PHONE (231) 744-2461
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page 1
933 Terrace SL
Muskegon, Ml., 49443
Attn,; J.R. Gann
Project: Public Service Building - 1350 Keating
& Cemetery Barn - 1434 Nims St.
Infra Red Tube Heaters
We arc pleased to submit our quotation to replace the existing heating units with new
gas infra red tube heaters. As requested we have quoted (3) phases with options for each
phase.
Phase I: Pnhlic Service Building
Vehicle Storage and Maintenance Area
Includes:
1. Remove and dispose ot: or tum over to the city, (32) ex.isling non vented infra red
heaters, and (6) gas unit heaters.
2. Vehicle Storage Area• furnish and install Qty. (12) Re-Verbcr-Ray #DES-60-200-N
200 MBH, 60 fl., infra red tube heaters with 24 volt thennostats.
3. Vehicle Maintenance Area - furish and install Qty. (3) Rc-Vcrber•Ray #DES-60-200-
N 200 MBH, 60 ft. infra red Lube heaters with 24 volt thermostats.
4. Flue and combustion air venting
5. Gas piping
6. Electrical wiring
7. System startup and one year wananty.
8. Pe1mits
Phase I. Base Bid: $75,725.00
Option #1: Provide 2 stage heaters for additional ! 0% energy savings.
Phase I. Option #1 Add: $1,710.00
Continue on Page 2
Page4of 7
Heating Renovations at Public Service Building
ROOFING SPECIALISTS SHEET METAL
INDUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL • RESIDENTIAL BLOW PIPE· AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLO ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITIONING
1665 HOLTON ROAD
MUSKEGON, Ml 49445-1498
PHONE (231) 744-2481
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page 2
Option #2: Provide (California EconOmizcr) Zonex energy management system
including a command center, operating software, 3 LAS sensors, configured external
modem, and (15) space the1mostats.
Phase I. Op1ion #2 Add: $ 5,290,00
Page5of 7
Heating Renovations at Public Service Building
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Page 6 of 7
Heating Renovations at Public Service Building
RCIAl! ~ INDUSffiRIA l! 4-ililER eRODUGiTi OF.F.ERING
~ .. , . ! .,. --··· ' - -·
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. ,ECONOMY GAS-FIRED,
DUAL-STAGE INFR·A;RED HEATERS
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12% Minimum Fuel Savings (over single-stage Infra-red).
Faster Heat Loss Recoveries. ~
Improved Comfort Levels.
35% Reduction In Equipment Cycles.
Design Protection Benefits.
Palont No.
5-353-986
Coated Titanium or Aluminlzed Combustion Chamber.
Hot-rolled steel Radiant Tubes.
Highly Polished Aluminum Renectors.
Available in tube lengths Enameled Control Box.
of 20 to 60 ff. and 65, 000 J Direct Spark Ignition.
to 200,000 BTUIH.
,,_, .• I;) ..
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Hlgtly polished aluminum noftoclo111.
•• • •• •
VISIT WWW.REVERBERRAY.COM FOR:
Co•led titanium or elufrinlzed combustion chamber.
Coalod alumlnlzod radiant lubos.
•• •• •
•• •• ••
Hol surface JgriUon.
Flox connector (24' &talnlou stooQ.
• Product Specifications • Parts Support
•• •• •
Gas cock (1/2" brass) with proosuo tap Included.
• CAD. Library • Design Guidelines lv~tago technology.
• Dealer Locator • Product Awards lntorlocklng &"8god tubes.
•
••• ••• •••
• Theory of Infra-Red • Technical Reports Stainless steol upgrades avallabk,,
• Applications • and Much Morel Rollecior end cops Included.
Optional 'U' or 'L' corfigu:tUons a\OllabJo.
•
Page 7 of 7
,:;ooJ- 70 (,)
CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION
Small and Limited Projects
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
Michigan, and East Muskegon Roofing and Sheet Metal ("Contractor"), ofMoskcgon, Michigan, for a
small or limilcd project, and is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and materials set forth in the Statement of Work
attached to this agreement, ("Performance"). Contractor's performance shall be accomplished in good and
workmanlike manner, to the satisfaction of the City. Performance shall be completed on or before January
31,2004.
Contractor will perform as set forth above for the complete contract price of $82,725.00.
Conditions and Covenants
Contractor will comply with all laws, rules and regulations of the City, any other local government of the
State of Michigan and the United State Government. Contractor will supply insurance as required by
separate written document, naming the City as an additional insured, if appropriate, and shall carry such
additional insurance coverages as are required by the City. Contractor shall hold the City harmless against
any and all claims for damages or costs made against the city arising from Contractor's performance,
including all costs of defense, attorney's fees, expenses and the amount of any damage determined against
the City.
Contractor certifies that it is eligible for performance of government work and has not been cited or listed
for failure to comply with Wage and Hour or prevailing wage regulations of the State of Michigan or the
Federal Government.
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith, and Contractor shall be
liable for normal contractual remedies available to the City.
Nondiscrimination Compliance
Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the City,
State and Federal Governments including, but not limited to, the provision of Executive Order 11246,
Affirmative Action Requirements for Disable Veterans and Veterans of the Vietnam Era and for
Handicapped Workers. lfrequired by the City and appropriate for the services in this contract, Contractor
shall comply with City oversight procedures. The provisions of all said policies, rules, executive orders and
laws regarding nondiscrimination and affirmative action are available from the City by contacting the
Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon, Michigan, telephone
231-724-6750. The City may supply a copy with this contract in its discretion.
The parties agree to performance of this contract by signing below. The effective date of this agreement is
7J.u.g ~oJ
Witnesses: Contractor:
By A'cJ a. ~~
~~
.
~~KRuJ~\~ and J..IC,u~_:::z.....,,_~~~~~:uz.,~
Gail A. Kundinger MMC, City Clerk
CITY OF MUSKEGON
Contract Between
City of Muskegon
And
East Muskegon Roofing and Sheet Metal
STATEMENT OF WORK
1. Phase I: Public Service Building Vehicle Storage and Maintenance Area-lnstall lnfrarcd Heaters per
specifications
2. Option #I: Provide 2-stage heaters
3. Option #2: Provide Zonex energy management system per specifications
4. See attachments for work plan details
Initials:
Contractor: _ ,,4'-'---'-J<+------T-'I.
_,,.G.,__,'
City:
/JI
--'0'---=-F
&"--,v_.__ __
(staff member)
Contract for services and construction for small and limited projects. This form would generally be used for
projects under$ I 00,000, informally bid or solicited. Generally such projects will involve repair and
maintenance, one-time services.
ROOFING SPECIALISTS SHEET METAL
INOUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL • RESIDENTIAL BLOW PIPE· AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLD ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITIONING
1665 HOLTON ROAD
MUSKEGON, Ml 49445-1498
PHONE (231) 744-2461
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page 1
933 Ten-ace St.
Mu~kegon, MI., 49443
Attn.: J.R. Gann
Project: Public Service Building - 1350 Keating
& Cemetery Barn - 1434 Nims St.
Infra Red Tube Heaters
We are pleased to submit our quotation to replace the existing heating units with new
gas infra red tube heaters. As requested we have quoted (3) phases with options for each
phase.
Phase I: Public Service Building
Vehicle Storage and Maintenance Area
Includes:
1. Remove and dispose of, or turn over to the city, (32) existing non vented infra red
heaters, and (6) gas unit heaters.
2. Vehicle Storage Area - furnish and install Qty. (12) Re-Verber-Ray #DES-60-200-N
200 MBH, 60 ft., infra red tube heaters with 24 volt thermostats.
3. Vehicle Maintenance Area - furish and install Qty. (3) Re-Verber-Ray #DES-60-200-
N 200 MBH, 60 ft. infra red tube heaters with 24 volt thermostats.
4. Flue and combustion air venting
5. Gas piping
6. Electrical wiring
7. System startup and one year wan-anty.
8. Permits
Phase I. Base Bid: $75,725.00
Option #1: Provide 2 stage heaters for additional l 0% energy savings.
Phase I. Option #1 Add: $1,710.00
Continue on Page 2
ROOFING SPECIALISTS SHEET METAL
INDUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL· RESIDENTIAL BLOW PIPE • AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLD ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITIONING
1665 HOLTON ROAD
MUSKEGON, Ml 49445-1498
PHONE (231) 744-2461
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page 2
Option #2: Provide (California Economizer) Zonex energy management system
including a command center, operating software, 3 LAS sensors, configured external
modem, and (15) space thennostats.
Phase I. Option #2 Add: $ 5,290.00
Phase II.: Public Service Buildini:
Central Storai:e and Work Shops
Includes:
1. Remove and dispose of, or turn over to the city (15) existing gas unit heaters.
2. Central Stores Storage - Qty. (4) Re-Verber-Ray #DES-40-75-N 75 MBH, 40 ft. infra
red tube heaters with 24 volt thennostats.
3. Traffic - Maintenance and Paint Shop - Qty. (1) Re-Verber-Ray #DES-30-75-N, 75
MBH, 30 ft. infra red tube heater with 24 volt thennostat.
4. Sign Shop· Qty. (1) Re-Verber-Ray #DES-40-100-N, 100 MBH, 40 ft. infra red tube
heater with 24 volt thennostat.
5. Water Dept. Maintenance Area· Qty. (I) Re-Verber-Ray #DES-40-100-N, 100 MBH,
40 ft. infra red tube heater with 24 volt them10stat.
6. Traffic Signal & Fire Alaim - Qty. (1) Re-Verber-Ray #DES-30-75-N, 75 MBH, 30
ft. infra red tube heater with 24 volt thennostat.
7. Radio Repair- Qty. (2) Re-Verber-Ray #DES-30-75-N, 75 MBH, 30 ft. infra red tube
heaters with 24 volt thermostats.
8. Small Equipment Storage - Qty. (1) Re-Verber-Ray #DES-30-75-N, 75 MBH, 30 ft.
infra red tube heater with 24 volt thermostat.
9. Parks Dept. Small Maintenance - Qty. (4) Re-Verber-Ray #DES-20-60-N, 60 MBH,
20 ft. infra red tube heaters with 24 volt thern10stats.
10. Wood Shop - Qty. (1) Re-Verber-Ray #DES-30- 75-N, 75 MBH, 30 ft. infra red tube
heater with 24 volt thennostat.
11. Flue and combustion air vents.
12. Gas piping
13. Electrical
14. Systems startup and one year warranty.
15. Pennits Phase II. Base Bid: $64,665.00
ROOFING SPECIALISTS SHEET METAL
INDUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL • RESIDENTIAL BLOW PIPE - AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLD ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITIONING
1665 HOLTON ROAD
MUSKEGON, Ml 49445-1498
PHONE (231) 744-2461
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page 3
Option #1: Provide 2 stage heaters for additional 10% energy savings.
Phase II. Option #1 Add: $ 1,350.00
Option #2: Provide (California Economizer) Zonex energy management system same as Phase I.
Phase II. Option #2 Add: $ 5,950.00
Phase III. Cemetery Barn
Includes:
1. Remove and dispose of, or tum over to the city (2) existing gas unit heaters.
2. Furnish and install Qty. (2) Re-Verber-Ray #DES-40-75-N, 75 MBH, 40 ft. infra red tube heaters with 24
volt thermostats.
3. Flue and combustion air vents.
4. Gas Piping
5. Electrical
6. Systems stmiup and one year warranty
7. Pennits
Phase III. Base Bid: $ 8,430.00
Option #1: Provide 2 - Stage heaters for an additional 10% energy savings.
Phase III, Option #1 Add: $ 200.00
1150 - 2000
Pcdmcter guard rni!s and pro1ectio1i of roof openings as !'Cquircd by OSHA arc nol included in this quotation and shall be in place prior to s1art of roofing operations All orders accepted Uy us wi1h the understanding 1ha1 we
are not tn be held lioblc for non-ddive1y because of lransJJ011mion difficulties, labor s1rikes, fire, defense priorities, war, nood. accidents at foctol)' or miy other cause beyond our control
It is hereby expressly unde1stood and agreed that no verbal statemcms 01 agreemen1s made by auy agent or representmive of the company, nor by any person on its ~half, sliall be binding upon the company unless e~plicitly
set frn1h 111 1his proposal
AU prices quo1ed ,1re subject to change without notice
T enns. Net due within ten ( 1DJ days from date of invoice.
Any unpaid balance after thi1ty (3D) days f1om date of billing is subject to 1 1/, % per month which amounts to 18 'X, per year
This prnposal is subject to your acceptauce within thirty (30) days and to approval by an officer of the company. When so approved {-and not before) it will constitute a conlracl between us
EAST MUS EGON ROOFING AND SHEET METAL CO.
ACCEPTED: APPROVED:
EAST MUSKEGON ROOFING AND SHEET MET AL CO.
by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ by_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
date_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ date_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ROOFING SPECIALISTS SHEET METAL
INDUSTRIAL INDUSTRIAL COMMERCIAL
COMMERCIAL • RESIDENTIAL BLOW PIPE· AIR POLWTION
HOT ROOFS ARCHITECTURAL SHEET METAL
COLD ROOFS METAL DECKS & SIDING
SHINGLES
AIR CONDITIONING
1665 HOLTON ROAD
MUSKEGON, Ml 49445-1498
PHONE (231) 744-2461
FAX (231) 744-9156
To: City of Muskegon 10-28-03
City Clerks Office Page4
Option #2: Reuse (1) good unit heater in lieu of tube heaters.
Phase III. Option #2 Deduct: $ 5,060.00
Performance Bond - We can provide a performance bond if required for an additional cost of eleven dollars per
one thousand dollars of the contract.
Performance Bond Add: $ 11.00 per thousand dollars
1950 - &000
Perimeter guard rails and protection of roof openings as required by OSHA arc not included in tins quotation and shall be in place prior to stm1 of roofing operations All orders accepted by us with the understanding thm we
arc not \(l be held liable for non.delivery because of lranspm1ation difficulties. labor strikes, lire, defense priorities, wa1. nood, nccidcnts at factory or any other cause beyond our cont1ol
11 is hereby expressly unde1stood and agreed that no verbal statements or agreements made by any agent or representative of the company, nor by any person on its behalf, shall be binding upon the company unless explicitly
set fm1h in this proposal
Al! p1 ices quoted are subject to clwtge without notice.
T cnns. Nd due within ten ( IO) days from date of invoice
Any u11paid ba!rmce afterth!11y (JO) days from date of billing is subject lo ! ½%per mcl!llh which R!ll0U!Hs lo 18 % pcrye,,r
This proposal is subject to ymir accep1a11ce within thirty {30) days and to app1oval by an officer of the co111pany. When so app1ovcd (mid not before) it will cons1itute a contract between us
EAST MUS<fEJON ROOFING AND SHEET METAL CO.
/CJ 'J, :.a"'~"L...-
GARYA. KAN
ACCEPTED: APPROVED:
EAST MUSKEGON ROOFING AND SHEET METAL CO.
by_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
~enL ~y: MCKCNLlt ~Hlct; 231 raa 4~39; Oct-28-03 9:2~AMj Page 3/3
rhis PowBr of At1ornlily m~l)' not ba used 1• execute any bond wHh a.11 incE1ption d~te after 8 / 4,/_2..Q...Q.4 - - - ~
THE HANOVER INSURANCE COMPANY
l MASSACHUS<oTTS BAY INSURANCE COMPANY
f'OW£RS Of ATTORNEY
CERT//CIED copy
KNOW ALL MEN 8Y Tl·IESE PRESENTS: H1a\ THE HANOVER IN$Uf<p.NCt C:Or,\PANY ana' MASSAClil.JSETTS l:l/\Y INSURANCE
coi-,.,,P .ANY, bolh being corporation~ organized ~nd existing under the laws of tho ::;ilate of New Hamp~lilre do hereby constitute and -appoint
Berna.rd o. McKenzie, Davia J. ~ricQ, Terri Parluir -.r:u1d.lor Donna P1~$ecki
oT M"-1~ka9on, Ml l>n<l Aach is a true and lawful Atti:irney(sHn~fact to sign, e-xecu\e, 9eal 1 ack.nOWl13dge;and dellveir for, and Qfl its bch~lf, and 'ilS
i\1: aci1 end dc2d, dl any place within the Unlled StateB, or. if the 10llowing line be filled in, only within the' iarea therein
ctc~i~nat~d '
;1.11y ~r1e1 all bond~, recogni::.:..:inces. 1~nci1e1rtaKlngs, contracts of indemnity or other writings obligatory in th~ nature thereof. as follows:
• A.ny such obliijaUoo!il. in the United States,
lo a.ny amo,rnt -
And ~aid companies tie,eby ralify arid confirm all anO wha\soevt:'r said Allomey(s}in~fact may la.wtuUy do ih tho premii;;as by virtue 0 , tht1se pesc:nt~L
Tti6Sc appointments are made· undBr trnd by authonly of the following Re:3oluliun p1:u>5cd py tho: BqaJ"d of Directors of said Companies which
1·csolulions i:ife still In effect; · ' .
"RE.SOLVED, Thal tha Presidt!llt or any Vice President, in cof\junction with any Asgistant Viw ~rnid~ot. be .ind they mrc herobY
authorized end i:irnpowered lo appoint Anornayli-Jn~f~ct ot lM Company, in ll:t nerntl and as Its uctd.,_ to tu.oc1;1te and aclo:nottledgrt for
a.nd on il~ b13half as Sur1:1ty any and all bond::-, rec.ogniz.1-n(2s, a:intrscw Qf Indemnity, wal-.ia~ ofcltatiair, aod QII Dthor wriUfUPI obllgetory
in lhe nature thereof, with power lo atlach there1lo the seal cf the Company. JllnY 1,1uch wrhtng6 .so ~ecutcd t>y sui;:t, Attorn111y.aJjn ... fact
shall be 1:1.$ tiindjng upon \t\e Company as It Lhey h1:1d IJl:'en duly c;te;uted a.nd iu:.knowl•dged by ttjo rl'.lgularl~ ele~sd olfloars of the
Co1npany in lh~!i uwn proper pcr:a.oo-s.~ (Adoplr;!:d October 7.. 79El1 ~ The Hanovl!I( lnsurancu C01'11pan)'; Adopted Aprll 1-11, 1982-
Ma:i:uiochvs~Uf. B.ay lni11.1ran~ Company)
THoc COMMONWEAL TH OF MASSACHUSETTS
coµNTY OF WORCESTER ss.
qn U1iij 'th day of Augu&t, 1999, before me came th~ above n1;1.med Vice President and As&i&tant'.Vice Prssld~nt ol l'tle Hiin0\/8f l119uu1n~
Coff1pany and Massachusells 6a)' Insurance Compsny, ta me personally known to be thl!J lndiVi.\:iuaJs and officerli dQ3aibod horein, and
•.
ackr,owl~Dllt<Wt~~~ls affix~d lo I.he preceding instrument ar" the corporate: 5eals of The Hanov r ln5,1.1rance Company a.rad Ma~sachuserts
.Bc1~ ~l_~fli: ~[5). /~speot1vcly 1 aod thut the 11ald oorpQrate 15,:,als 11.nd their signatu~& as otflcel1S,. were Q1,1ly affi;1.cd and !IUbSCflbed to ssld
1n!:lt{ti~_b;-tne·au1.1,. ~~d-dj~ection of said Corporati<ms.
-.,;r,.,_
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f°', ,· ~OTAR y •,. o;
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.Q v}zjiJ; ._ /:
~ iil : --,(Se~I)~ 7'- :§ / Notary Public
\ 4\ PU B LI C / ... J My Commi•oion Espire• Novembor Z6, 2Q04
I, ~-u ,-.· ned
~ ~~ '~ President of The Hanover lnsu~_noe Company and Ma$sachusetts ~.' y Insurance Comp.any, hereby certify t~al
·trnt
the!~.., ull, true and correct copy of the OngInpl pgwor of Attorneiy ls,ued by ~i,JU Companies, and. do hereby further certrfy
that th'i-' ~ · omey ar~ still in forc.e and efftict ·
I UtJU '
Thi6 C~rt.ilkate may be signoa by f~csimile undst and by authority of the following resolu11on of the a6.ard of Directors of Th& H2nover lnsurarice
Co(npany ltf'ld Mas9,achusetts Bay Insurance Company, (
"RESOLVED, That any and aU PoweIB of Attorney and C8rtifii::dCopiei::s of -such Powers of Artotno)'i•nd certrficatlon in respect thereto,
granted ana exscuteo Dy ttle PresitJe11t or :any Vice Prc.:;idcnt In conjunction with -,r,y i'\$5lt~nt vice Pre~ldent of lhe Cpmpany, shall
b~ bind.in51 on lha Cump.tiny to tho same c;a.1cnt D3 tf all =1ignaturo$ lh•t11ln well! manually afflx.i:id, e~n !hough one Qr more of an)' such
s19naluros thereon may be fa0$)milo: (Adapted OctQbtr 7, 1981 -The Hano1,1er ln$1,llance Company; Adopted Aprll 14. 1862-
Ma.s.&achuseU$; Bay Insurance Company) ;
Gl~EN 1,mder my hand and tna sHals of said Companii,s 1 at Worresler, Mct:!$2Chu:setts, thl~2 8 thd~y of October , 2003
THE HANOVER INSURi",NCE COMPANY
MASSA~S= BA¥ INSURANCE COMPANY
--"'~"-'-=.,,._,~"'""N u9~\D:)
A.•;.~i-~tflnl Vin,11 Pt~Qiri,:,.nl
Sent By: MCKENZIE PRICE; 231 733 4539; Oct-28-03 9:25AM; Psge 2/3
~ . ' \ ALLMERICA FINANCIAL® 100 North Parkway
~ HANOVER INSURANCE® Worcester, MA 01605 Bid Bond
00: The Hanover Insurance Company 0 Massachusetts Bay Insurance Company
Worcester. MA 01605
KNOW All MEN BY THESE PRESENTS, that we, the undersigned, Fi.AST MUSKEGON ROOFING
& SHEET METAL ___COMPANY. INC •• 1665 HOLTON RD •• MU~KEGON, Ml 49445
hereinafter called Principal, and MASSACHUSETTS BAY INSURANCE COMPANY; a corporation established under ttie
(aws of the State of New Hampshire and having its principal office In Worcester, Massachusetts and/or THE HANOVER
INSURANCE COMPANY, a corporation established under the laws of the Sta~ of New Hampshire and having Its
principal office in Worcester, Massachusetts, a.s Surety, hereinafter called Surety, aie held and firmly bound unto
City of Muskegon, 933 Terrace St., Muskegon, MI 49443
- - - - - ' - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - a s Obligee,
Jn the penal sum of 5% of the accompanying bid . Dollars
for the payment of which, well and truly to be made, we hereby jointly and severallyibind ourselves, our heirs, executors,
il.dministrators, suc;c;essors and assign:;.
~he condition of the above obligation is such that whereas the Principal has submitted to the _ _ _ _ _ _ _ __
· City of Musk on
'a certain Bid, attached hereto and hereby made a part herBOf, to enter into a cont$ct in writing f o r - - - - - - ~
Heating Units at the Public Service Bqilding
1350 Keating, Muskegon, MI
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract
attached hereto (properly completed in accordance with said Bid) and shall furnish a bond tor his falthful
performance of said contract, and for the payment Of all persons performing labor or furnishing materials
In connection therewith, and shall in all other respecis perfotm the agreement created by ttie acceptance
of said Bid,
: Then this obligation shall be void, otherwise the same shall remain in force and eff$ct; it being expressly understood and
agreed that the liability or the Surety for any and all claims hereunder shall, in no eifent, exceed the penal amount of this
obligation as herein stated.
• The Surety, for value receil/ed, hereby stipulates and agrees tnat lhe obligations of said Surety and Its bond shall be in
no way impaired or affected by an extension oi the lime within which the Owner n\ay aocept such Bid; and Surety does
: hereby waive notice of any such exten$i• n.
SIGNED, SEALED AND DATED this_2,:.;·8><-t=h"-------'day of October ,2003
Ea.i3_t Muskegon Roofing & Sheet Metal Co. Inc.
V
av
0
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MASSACH~ I S BA.:i:U~E COMPANY
<Pr1ncipa1J
. _ _ _ _ (Saal)
av ----------=,...,-----:--:--:c----------
(Attoiney•ln-lact)
(Sew)
( ] THE HANOVER INSURANCE COMPANY
BY ~ IJo,A,' ~
'Ye~er ~.J..-'-(-'-A-Ro.=tooc........y-~ln--f-•c-1)_ __
1'11.o?~H (919:1)
DATE (MM!DO/YY)
ACORD.. CERTIFICATE OF LIABILITY INSURANC~s~~~?P I 04/30/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
McKenzie-Price Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
455 w. Norton P.O. Box 57
Muskegon MI 49443-0057 INSURERS AFFORDING COVERAGE
Phone:231-733-4411 :
INSURED ! INSURER A: CNA Insurance
INSURER B:
East Muske~on Roofin~ & JNSURERC:
Certified heet Meta
1665 Holton Rd INSURER D:
North Muskegon MI 49445
INSURER E:
I
COVERAGES
THE POLICIES OF INSURANCE \.lSTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS.OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
JNSR POUCY NUMBER LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY ! EACH OCCURRENCE $ 1,000 1 0 00
~-
X COMMERCIAL GENERAL LIABILITY 2057051420 05/01/03 05/01/04 FIRE DAMAGE (Any one fire) $ 3 0 0, 0 0 0
A
~~
- ~ ] CLAIMS MADE [!] OCCUR MED EXP (Any one person) $ 5 , 0 00
PERSONAL&ADVINJURY $ l, 000 1 000
GENERAL AGGREGATE $ 2 1 000 1 000
-- '
PRODUCTS • COMP/OP AGG $ 2 , 000 1 000
GEN'L AGGREGATE LIMIT APPLIES PER: I
~ POLICY 1; ff8i r-7 LOC
; AUTOMOBILE LIABILITY COMBINED SINGLE UM!T Sl,000,000
C2057050655 05/01/03 O5/01/0 4 (Ea accident)
A' X: ANY AUTO 1----------+-------1
1 ALL OWNED AUTOS BODILY INJURY $
[__J SCHEDULED AUTOS (Per person)
i X i HIRED AUTOS BODILY INJURY $
~
(Per acciden!)
NON-OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
!
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
--·-7
EAACC $
t-~ ANY AUTO OTHER THAN
AUTO ONLY: AGG S
i
EXCESS LIABILITY
EACH OCCURRENCE sS,000,000
A ~-j OCCUR =._] CLAIMS MADE C2057050705 05/01/03 05/01/04 AGGREGATE $5,000,000
i
----, I '
i·--1
j DEDUCTIBLE
RETENTION $10,000
'
$
WORKERS COMPENSATION ANO
EMPLOYERS' LIABILITY 500,000
A WC257050610 05/01/03 05/01/04 E.L. EACH ACCIDENT $
E.L. DISEASE • EA EMPLOYEE $ 5 00 , 000
E.L. DISEASE· POLICY LIMIT $ 5 0 0, 0 0 0
I OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHJCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER I N 1 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlm
CITY004
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3..Q_ DAYS WRITTEN
City of Muskegon NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City Hall IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
933 Terrace
REPRESENTATIVES.
Muskegon MI 49443
AUTHORIZED REPRESENTATIVE
David J. Price
ACORD 25-S (7197) ©ACORD CORPORATION 1988
Date: November 25, 2003
To: Mayor and City Commissioners
From: Department of Public Works
Re: Modifications to the Solid Waste Contract
SUMMARY OF REQUEST: As part of the 2004 budgetary process the City Commission
directed the Public Works Department to reduce the Recycling Budget by $100,000. The
result of our negotiations is as follows:
The new price for Mixed Refuse (Garbage) which includes year-
round yard waste collection is $8.423 per household $1,350,780
The new price for Recycling Services for 26 weeks per year is $1.00
per household. $160,000
Disposal of yard waste shall remain at $1 O per ton $33,000
Special Tire Disposal at $35 per ton estimated at 71.4 tons $2,250
Neighborhood cleanups $17,040
Revised Estimated Contract $1,563,070
The city shall waive performance bond and public relations and
education requirements, establish new benchmarks for refuse and
recycling at 952 and 67 tons per month; eliminate the pitch-it-sticker
program
The city agrees to extend the current contract from March 1, 2005
until December 31, 2007
FINANCIAL IMPACT:
Estimated Payments to Sunset Waste $1,563,070
City Salary and Wages $75,333
Vehicle Rental $6,370
Printing, Building Rental, Electricity $25,600
Total Budget for Refuse and Recycling $1,670,373
2004 Budgets for Refuse and Recycling $1,660,314
Shortfall 10,059
BUDGET ACTION REQUIRED:
A budget amendment to add additional $10,059 will allow refuse and recycling service to
continue at current level of service.
STAFF RECOMMENDATION: Recommend approval as presented
November 18, 2003
Brian Mazade
City Manager
Mayor and City Commissoners
RE: Modifications to the Solid Waste Contract
Ladies and Gentlemen:
As part of the 2004 budgetary process the City Commission directed the
Public Works Department to reduce the Recycling Budget by $100,000. The
result of our negotiations is as follows:
The new price for Mixed Refuse (Garbage) which includes
year-round yard waste collection is $8.423 per household
(8.423 x 13364 x 12 months) $1,350,780
The new price for Recycling Services for 26 weeks per year
is $1.00 per household. (1.00 x 13364 x 12) $160,000
Disposal of yard waste shall remain at $10 per ton with
estimated tonnage at 3300 tons per year $33,000
Special Tire Disposal from cleanups and city-owned lots at
$35 per ton estimated at 71.4 tons $2,250
Neighborhood cleanups with each box at $100 each and
disposal at $21/ton or less
Est 120 boxes at 2 tons $17,040
Revised Estimated Contract $1,563,070
FINANCIAL IMPACT:
Sunset Waste Agrees to
• waive the 2004 cost of living adjustments on mixed refuse and
recycling ($39,700)
• waive the $1 per ton annual increase in tipping fee allowed by previous
contract
• adjust the refuse benchmark from 854 tons to 952 tons per month
• adjust the recycling benchmark to 67 tons per month per month
• absorb the new state tax on tipping fees of 21 cents per ton ($2400)
• adjustments to the refuse benchmark shall be at $21 per ton
• adjustments to the recycling benchmark shall be at $10 per ton.
City of Muskegon agrees to :
Waive performance bond requirements ($16,000)
Waive some public relations requirements ($12,000)
Pay or receive $21 per ton for mixed refuse exceeding or below the
benchmark of 952 tons per month
Pay or receive $10 per ton for recycling exceeding or below the benchmark
of 6 7 tons per month.
Eliminate the Pitch-It-Sticker Program ($7,000)
Change the anniversary date from March 1, to January 1 with Cost of Living
Adjustments to be made retroactive effective on that date beginning in
2005
Extend the current contract with Sunset Waste from March 1, 2005 to
December 31, 2007
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 18, 2003
RE: Personal Property Payment Plan - Michigan Steel
SUMMARY OF REQUEST:
To approve a payment plan for Michigan Steel (formerly West Michigan Steel) for personal
property taxes for years 2000-2002. The payment plan was necessary for the company to be sold
this past year.
FINANCIAL IMPACT:
Payment of$78,063.93 over 48 months@ 8% interest to the City and other taxing jurisdictions.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the payment plan and authorize the Mayor and City Clerk to execute associated
documents.
COMMITTEE RECOMMENDATION:
None
PROMISSORY NOTE C
1. Terms of Note. For value received, Michigan Steel, Inc., a Michigan
corporation ("Maker"), of 1148 West Western Avenue, Muskegon, Michigan 49441,
0~'a -
promises to pay to the order of The City of Muskegon, a Michigan municipal ,...
corporation ("City"), of 933 Terrace, Muskegon MI 49442, or any subsequent holder, the
principal amount of Seventy-Eight Thousand, Sixty-Three Dollars and Zero Cents
($78,063.93). Interest on the unpaid balance of this Note shall accrue at a rate Eight
Percent (8.00%).
Interest on this Note will be calculated on the basis of a 360-day year for the
actual number of days elapsed, compounded monthly. Upon the occmTence of an Event
of Default and a failure to cure, the interest rate applicable on this Note shall be increased
to 12.00% per ammm on any unpaid balance owed from the interest rate set forth in this
paragraph.
2. Payments. Payments of accrued principal and interest shall be made on
this Note in equal monthly installments of $1,905.77, commencing on the 30th day of
November, 2003, and on the 15th day of each month thereafter until November 30, 2007,
when the full amount of principal and interest due under this Note shall be payable in
full.
3. Expenses. Maker shall reimburse City for all out-of-pocket expenses
incurred by City in connection with any renewals, extensions, or modifications, or
enforcement of this Note, and with taking any security therefore, including without
limitation filing and recording fees, attorney fees, and expenses, and costs of credit
reports, surveys, appraisals, title work, and mortgagee's title insurance. Each out-of-
pocket expense shall be reimbursed to City at the time of the first required interest
payment under this Note after the expense is incurred.
4. Late Charge. If any installment of principal or interest due under this
Note is not paid within 10 days after it is due, Maker shall pay to City a late charge in an
amount equal to the greater of $50 or an amount equal to one-tenth ( 1/10) of one percent
(1.00%) of the m1paid principal balance on this Note as of the date the late charge is
assessed.
5. Prepayments. At any time before November 30, 2007, this Note may be
prepaid in whole or in part without penalty. Any partial prepayment shall be applied first
to City's expenses, as set forth in paragraph 3, second to late charges, third to accrued
interest, and fomih to principal. No partial prepayment of principal shall relieve maker
from the obligation to pay each succeeding interest installment when due.
6. Events of Default and Acceleration. In the event of default in the
payment of any installment of principal or interest, or in the performance or observance
of any of the covenants, conditions, or agreements contained in this Note, the holder may
declare the entire unpaid balance, together with interest accrued thereon, immediately due
and payable. Before exercising this right of acceleration, the holder shall send to Maker,
Page 1
by first class mail, at Maker's last address known to holder, a notice of the default, and
Maker shall have 10 days from the date of the holder's letter to cure the default.
7. Place and Application of Payments. Each payment on this Note shall be
made at City's address set forth above or such other place as the holder may direct in
writing. Any payment on this Note shall be applied in the following order: first to any
expenses (including expenses of collection) then due and payable to City under this Note,
second to any unpaid late charges, third to any accrued and unpaid interest, and fourth to
the unpaid principal balance.
8. Waivers. No delay by City shall be a waiver of the exercise of any right
or remedy. No single or partial exercise by City of any right or remedy shall preclude
any other or future exercise of that or any other right or remedy. No waiver by City of
any default or of any provision of this Note shall be effective unless it is in writing and
signed by an authorized representative of City. No waiver of any right or remedy on one
occasion shall be a waiver of that right or remedy on any future occasion.
Maker waives demand for payment, presentment, notice of dishonor, and protest
of this Note and consents to any extension or postponement of time of its payment, to any
substitution, exchange, or release of all or any part of any security given to secure this
Note, to the addition of any paiiy, and to the release, discharge, waiver, modification, or
suspension of any rights and remedies against any person who may be liable for the
indebtedness evidenced by this Note.
9. Applicable Law and Jurisdiction. This Note shall be governed by and
interpreted according to the laws of the state of Michigan, without giving effect to
conflict-of-law principles. Maker agrees that for purposes of any dispute in connection
with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and venue.
Michigan Steel, Inc.
By:-~~¥~/
Name: \liuigfu;w. M ~
Its: President/CEO
Date: _ _ _ _ _ ,2003
Page2
SECURITY AGREEMENT
Agreement made November fl/, 2003, between Michigan Steel, Inc., a Michigan
corporation, of 1148 West Western Avenue, Muskegon, Michigan 49441 ("Debtor") and the City
of Muskegon, of933 Terrace, Muskegon, Michigan 49442 (Secured Party").
1. GRANT OF SECURITY INTEREST. Debtor grants to Secured Party a security
interest in the collateral, described in Paragraph 2 of this agreement, to secure the performance
and payment of that certain promissory note dated November J!/_, 2003 by Debtor and payable to
Secured Party in the original amount of $78,063.93, and to secure all expenditures by Secured
Party for taxes, insurance, repairs to and maintenance of the collateral and all costs and expenses
incurred by Secured Party in the collection and enforcement of the note and other indebtedness of
Debtor including reasonable attorneys fees; and all liabilities of Debtor to Secured Party now
existing or hereafter incurred, matured or unmatured, direct or contingent, and any renewals and
extensions thereof and substitutions therefor.
2. DESCRIPTION OF COLLATERAL. The collateral of this Security Agreement,
refened to as "collateral", consists of the following described property:
All assets of Debtor including all accounts, general intangibles, documents,
instruments, all contract rights and causes of action, all goodwill, all furniture,
fixtures, machinery, equipment, supplies, patis, and inventory including all tools,
all leasehold improvements, all records pe1taining thereto, and all additions
attachments, accessions, replacements, substitutions and renewals, and all
products and proceeds of any of the foregoing including insurance or
condemnation proceeds, and including cash or noncash proceeds, whether now
owned or hereafter acquired.
3. PROCEEDS OF COLLATERAL. Debtor grants to Secured Party a security
interest in and to all proceeds of collateral. This provision shall not be construed to mean that
Debtor is authorized to sell, lease, or dispose of collateral without the written consent of Secured
Paity, unless otherwise provided by this agreement. Debtor is authorized to sell and replace
equipment and utilize all of the other assets of Debtor as needed in the ordinary course of
business
4. DEBTOR'S PAYMENT OBLIGATION. Debtor shall pay to Secured Patty the
sum evidenced by the above note or any renewals or extensions thereof executed pursuant to this
security agreement in accordance with the terms of such note and any other obligations that now
exist or may hereafter accrue from Debtor to Secured Party.
Page 1
5. DEBTOR'S WARRANTIES AND REPRESENTATIONS.
(a) Debtor will have good marketable title to the collateral free from any lien,
security interest, encumbrance, or claim, other than the liens of Comerica Bank, Verizon Credit,
Sterling Bank & Trust, Michigan Heritage Bank, General Electric Credit Corp., Date Exchange,
Inc., United Capital Division of Hudson Unlimited United Bank, CIT Group/Equipment
Financing, Inc., Bank of America, and Prairie Business Credit, Inc., and Debtor will, at Debtor's
cost and expense, defend any action that may affect Secured Party's security interest in, or
Debtor's title to, collateral.
(b) Debtor hereby warrants and further represents that the collateral is used
primarily for business use.
(c) Debtor hereby warrants and further represents that no financing statement
covering collateral or any part thereof or any proceeds thereof is presently on file in any public
office, other than the financing statement of the parties referenced in paragraph S(a).
( d) Debtor hereby warrants and further represents that the collateral is
currently and in the future will be kept at Debtor's business address as set forth in the preamble;
Debtor will not remove the collateral to any other place without prior written consent of the
Secured Party, except as needed in the ordinary course of business.
6. LOCATION AND IDENTIFICATION OF COLLATERAL. Debtor will keep
collateral separate and identifiable at Debtor's business address in Muskegon County, Michigan,
and Debtor will not remove collateral from such address without the written consent of Secured
Party, except as needed in the ordinary course of business.
7. ALIENATION OF COLLATERAL. Debtor will not, without the written consent
of Secured Party, sell, contract to sell, lease, encumber, or otherwise dispose of collateral or any
interest therein until this security agreement and all debts secured thereby have been fully
satisfied, except as needed in the ordinary course of business.
8. INSURANCE. Debtor shall insure the collateral with companies acceptable to
Secured Party against such casualties and in such amount as Secured Party shall require. The
insurance shall be for the benefit of Debtor and Secured Party as their interests may appear.
Secured Party is hereby authorized to collect from the insurance company any amount that may
become due under any of such insurance, and the Secured Party may apply the same to the
obligations hereby secured.
9. TAXES AND ASSESSMENTS. Debtor shall pay promptly when due all local
personal property taxes, water and sewer charges, and all federal and state taxes and assessments
levied on collateral or on its use and operation.
Page2
Page4
D. Insolvency of Debtor or any guarantor or surety of or for Debtor, or the
conunencement of any proceedings by or against Debtor or a guarantor or surety for
Debtor under the Federal Bankruptcy Code or under any state insolvency law or for the
assignment for the benefit of creditors by the Debtor or a guarantor or surety of or for
them.
17. REMEDIES. On any default, and at any time thereafter:
A. Secured Pmiy may declare all obligations secured hereby immediately due
and payable and may proceed to enforce payment of the same and exercise any and all of
the rights and remedies provided by MCL Section 440.9501 et seq, as well as any and all
other rights and remedies possessed by Secured Party.
B. Subject to applicable law, Secured Party shall have the right to remove
collateral from Debtor's premises. Secured Party may require Debtor to assemble
collateral and make it available to Secured Party at any place to be designated by Secured
Party that is reasonably convenient to both parties. For purposes of removal and
possession of collateral, Secured Patiy or its representatives may enter any premises of
Debtor without legal process, and Debtor hereby waives and releases Secured Party of
and from any and all claims in connection therewith or arising therefrom.
C. Unless collateral is perishable or threatens to decline speedily in value or
is of a type customarily sold on a recognized market, Secured Party shall give Debtor
reasonable notice of the time and place of any public sale thereof or of the time after
which any private sale or any other intended disposition thereof is to be made. The
requirements of reasonable notice shall be met if such notice is mailed, postage prepaid,
to the address of Debtor shown herein at least ten (10) days before the time of the sale or
disposition. Expenses of retaldng, holding, preparing for sale, selling, or the like shall
include reasonable attorneys' fees and legal expenses incurred by Secured Party.
18. TERMINATION OF AGREEMENT. This agreement shall terminate after all
obligations secured hereunder have been satisfied in full.
19. GOVERNINGLAW.
A. This security agreement shall be construed according to MCL Section
440.9101 et seq and other applicable laws of the State of Michigan, and all obligations of
the parties created hereunder are to be performed in the State of Michigan.
B. All te1ms used herein that are defined in MCL Section 440.9101 et seq
shall have the same meaning herein as therein defined.
Page 5
20. MODIFICATION OR AMENDMENT. No modification or amendment of this
agreement shall be effective and is void unless in writing and signed by all parties to this
agreement.
21. BINDING EFFECT. All rights of both parties hereunder shall inure to the benefit
of their heirs, next of kin, personal representatives, successors and assigns and the obligations of
both parties shall bind and be enforceable against their heirs, next of kin, personal
representatives, successors or assigns.
Dated: November J.J..., 2003
Gail Kundinger
Its: Clerk
By: _ _ _- - r C / - - - - ~ . L - - - - ' r - -
Vaughn akary
Its: President/CEO
Page 6
PARMENTER o-TOOLE
Altomeys al law
Memorandum
DATE
December 1, 2003
TO:
Linda - City Clerk's office
FROM:
Lisa M. Skidmore
RE:
Michigan Steel (TIC United)
Please have Gail Kundinger and Steve Warmington sign the enclosed Security
Agreement and return it to our office, either under Jim's or my name.
Thank you,
Document3
AGENDA ITEM NO.
CITY COMMISSION MEETING _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 19, 2003
RE: Development Agreement - Cross Lake Ferry
SUMMARY OF REQUEST:
To approve a development agreement between the City, Lake Express and Great Lakes Marina
for the construction of improvements for the cross-lake ferry project.
FINANCIAL IMPACT:
City commitment to the project is $1,200,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
None
2003-96 (1)
Development Agreement
Agreement entered into as of this 25 day of November, 2003, by and among
Lake Express, LLC, a Wisconsin limited liability company ("Lake Express"), the City of
Muskegon, Michigan, a Michigan municipal corporation (the "City"), and Great Lakes
Marina & Storage, LLC, a Michigan limited liability company (hereinafter referred to as
"Landlord") ..
Recitals
Lake Express is in the process of financing, developing and constructing a high-
speed auto/passenger ferry service to operate between Milwaukee, Wisconsin and
Muskegon, Michigan. It has entered into a lease with the Landlord and the City with
respect to the real property as shown in Exhibit A attached hereto (the "Land") which is
to be the site of its dock, terminal and maintenance facilities on the Muskegon end of the
ferry service (the "Lease").
It will be necessary to construct certain improvements to the Land (the
"Improvements") including a terminal building (the "Terminal Building"), , dockwall,
fendering and mooring systems (the "Dock"), auto and passenger ramp facilities (the
"Ramp"),and appropriate parking lot, pavement, utilities and landscaping (together the
"Externals") in order to make the Land usable as a dock and terminal for the operation of
one or more high-speed auto/passenger ferries ("Tenant's Ferry Operation").
The City has indicated that it is prepared to undertake and finance the
construction of the Improvements which will be owned by the City and leased to Lake
Express under the Lease, and the parties hereto have agreed that the construction and
development of the Improvements will be done by the Landlord, as general contractor,
under the leadership of the City, all as set forth below in this Agreement.
Agreement
Now therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the undersigned agree as follows:
1. Plans and Specifications. Lake Express and Landlord shall provide to the City plans,
drawings and specifications for the Improvements (as generally described in Exhibit B),
including their respective locations on the Land promptly after the execution of this
Agreement, which shall be in sufficient detail to be the basis of contracts for construction
(the "Plans) Promptly, upon approval of the Plans by the City, which shall not be
unreasonably delayed, withheld or conditioned, the Landlord, in consultation with Lake
Express and the City, shall put together a budget and a schedule for construction based on
receipt of bids from contractors and subcontractors. No person affiliated with a
contractor or subcontractor engaged in the construction of the Improvements shall receive
any kickback or other remuneration from any of the parties hereto, from any contractor or
subcontractor or from any other person in connection with the construction of the
Improvements.
2. Construction of the Improvements. Immediately upon approval of the Plans,
budget and schedule and acceptance by Lake Express, the Landlord, acting as general
contractor, shall, with cooperation and in consultation with Lake Express, undertake the
construction of the Improvements (the "Project"), entering into such contracts and taking
such other steps as may be necessary to complete the construction of the Improvements
as described in Exhibit B (the "Completion Date"), unless such completion is delayed by
change orders from Lake Express or as a result of any factor outside of Landlord's
control, including unavoidable fires, other casualties, availability of necessary permits,
and unusual weather conditions, but excluding normal precipitation, climate and other
weather conditions at the site of the Land, in which case the Completion Date shall be
extended by any such delay. The Landlord agrees to use reasonable skill and judgment
in the construction and in contracting for the construction of the Improvements. The
Landlord and City shall take all actions necessary to make sure that the Plans are in
compliance with all applicable federal, state and local requirements. All parties
acknowledge and agree that all of the documents and other materials constituting the
Plans are the property of City and shall not be used or disclosed by any of the other
parties hereto other than on a need-to-know basis in connection with Lake Express's
performance of its obligations under the Lease and in reviewing construction of the
Improvements, and by any of the parties hereto in connection with the enforcement of its
rights hereunder. Lake Express shall have access to the site to review the construction of
the Improvements and to assure that such construction proceeds in accordance with the
Plans
3. Contributions of Parties. The parties hereto hereby commit and agree to be
contractually bound to contribute to the costs of the construction of the Improvements
and to construct the Improvements in accordance with the following rules:
(a) The City shall commit and provide funds up to $1,200,000 for the
construction of the Improvements. However, in no event shall the City be
obligated to fund more than $1,200,000 of the cost of the Improvements.
(b) The Landlord, as general contractor, agrees and commits to construct
all of the Improvements included in Exhibit B for an amount not to exceed
$1,200,000.
(c) The Landlord shall obtain from each of its contractors and
subcontractors appropriate lien waivers waiving any lien it may have on the
Improvements with respect to the construction to be paid for with respect to the
funds.
4. Insurance. During the construction of the Improvements, the Landlord, in its
capacity as general contractor, shall maintain insurance commercially reasonable for a
project of the size and scope of the Project, insuring the interests of Landlord and City as
they appear.
5. Records and Access. During the course of the construction of the Project and
thereafter for a period of six (6) years, City and Landlord shall maintain appropriate
accounting and other records relating to the Project, including, without limitation,
documentation substantiating Landlord and City's compliance with the foregoing
provisions of this Agreement.
During the term of this Agreement and thereafter, each of the parties hereto and its agents
shall have complete access to the Land, the Project, the Plans, to above-described records
and any and all other materials relating to the Project within Landlord's possession or
control, and Landlord shall promptly and accurately respond to any and all questions of
any party hereto or its representatives relating to the Project.
6. Quality of Construction. Landlord agrees to make its best efforts to ensure
that all materials and equipment furnished under this agreement for the Project shall be of
good quality and new unless otherwise noted in the Plans, and that the Project shall be
free of all defects. The obligations of Landlord under this section shall survive the
termination of this agreement.
7. Effectiveness of Agreement. The parties hereto agree that this Agreement
shall not be effective and none of the parties hereto shall have obligations under this
agreement unless and until (i) the Lease has been properly executed by all of the parties
hereto and is legally enforceable against each of them, and (ii) this agreement has been
properly executed by each of the parties thereto and is legally enforceable against each of
them, and (iii) the Lease has been approved by the U.S. Secretary of Transportation.
8. Relationship. Landlord shall act as the General Contractor for the Project,
and agrees to demand of all contractors and subcontractors that all activities conducted
by Landlord and the contractors and subcontractors on the Project shall be in full
compliance with all applicable federal, state and local laws, ordinances, regulations and
other requirements, including, without limitation, the federal Occupational Safety and
Health Act and any other comparable requirements imposed by Michigan or other
applicable law. All services provided by Landlord and the contractors and
subcontractors under this agreement shall be as independent contractors, and nothing in
this agreement, or in the parties' activities in connection therewith, shall be deemed to
create any partnership, joint venture, employment or other agency relationship between
or among the parties hereto.
9. Notices. Any and all notices required or permitted hereunder shall be in
writing and shall be delivered to the individual designated below for the recipient thereof
or to a receptionist or other person available to receive incoming deliveries at the address
designated below for such recipient during business hours or sent via facsimile to the
number designated below for such recipient or by registered or certified mail, return
receipt requested and postage prepaid, to the address designated below for such recipient:
To Lake Express:
Lake Express, LLC
700 North Water Street, Suite 1200
Milwaukee, WI 53202
Attention: David J. Lubar
To City of Muskegon:
City of Muskegon
933 Terrace, P.O Box 536
Muskegon, MI 49443-0536
Attention: City Manager
To Great Lakes Marina & Storage, LLC
Great Lakes Marina & Storage, LLC
1920 Lakeshore Dr.
Muskegon,MI49441
Attention: George Bailey or John Bultema II
Notices delivered as provided above shall be deemed given upon such delivery. Notices
sent via facsimile transmission as provided above shall be deemed given upon their
successful transmission. Notices mailed as provided above shall be deemed given on the
date of their deposit in the United States mail. Any party hereto may change the
individual, facsimile number and/or address for notices thereto hereunder by giving
notice of such change to the other party hereto in accordance with the provisions of this
paragraph.
10. Further Assurance. Each of the parties hereto hereby agrees to execute and
deliver such documents and to take such other actions at any time and from time to time
hereunder as may be reasonably requested by the other party hereto to carry out the
provisions or purposes of this Agreement.
11. Successors. This agreement shall be binding upon, and inure to the benefit
of, the parties hereto and their respective heirs, administrators, legal representatives,
successors and assigns, except that none of the parties hereto assign any of its respective
rights or obligations hereunder without the prior written consent of the other parties
hereto.
12 Severability. In the event that any provision of this agreement is ever finally
determined to be wholly or partially illegal, invalid or unenforceable, either in all
jurisdictions and circumstances or in particular jurisdictions or circumstances, such
provision shall be deemed severed herefrom in those jurisdictions and circumstances as to
which it is so determined to be wholly illegal, invalid or unenforceable and shall be
limited to the extent required in those jurisdictions and circumstances as to which it is so
determined to be partially illegal, invalid or unenforceable, and such severance or
limitation shall not affect the legality, validity or enforceability of any of the other
provisions hereof or of the severed provision to the extent not so determined to be illegal,
invalid or unenforceable.
13. Interpretation. The headings in this agreement are intended for convenience
only, and shall not affect the meaning or interpretation hereof. In interpreting this
agreement, whenever the context so permits, (a) the singular shall include the plural and
the plural shall include the singular and (b) any gender shall include all genders.
14. Counterparts. This agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
15. Waiver. No failure or delay on the part of any party in the exercise or
enforcement of any of such party's rights under any provision hereof shall be deemed to
constitute a waiver or other relinquishment of any of such rights or of such provision in
the absence of a written waiver signed by such party.
16. Amendment. This agreement may be amended by, and only by, a written
instrument signed by all of the parties hereto.
17. Integration. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof, and supersedes any and all oral, written
or other negotiations, warranties, representations, agreements or other understandings in
regard thereto, except with respect to the Lease Agreement, dated October 28, 2003 by
and between Lake Express, the City of Muskegon and the Great Lakes Marina &
Storage, LLC and the Confidentiality Agreement between the City and Lake Express,
dated October 30, 200 I.
In witness whereof, the parties have executed this Agreement as of the date shown
at the beginning hereof.
CITY OF MUSKE /,.Lak Express, LLC
David J. Lubar
Its President
Great Lakes Marina & Storage, LLC
By ifiUJ,'1 /2 fx6 /o ~ :Jc,, /s" / k", 'IL
John Bultema II, Member
Jt,,cp~ 6 f", I e(
Exhibit B
Improvements
Type oflmprovement Completion Date Estimated Cost
Marine Improvements (Dockwall, May 15, 2004 $550,500
Fendering and Mooring System,
Dredging and Passenger and
Auto Ramp Facilities)
Terminal Building May 15, 2004 $452,000
Site Work ( Utilities, Parking, May 15, 2004 $197,500
Road/Driveway and Other Pavement
and Landscaping)
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Fire Marshal/Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 02-10 Address: 312
Merrill.
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
312 Merrill is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: 02-10-312 Merrill, Muskegon, Ml.
Location and ownership: This structure is located on Merrill between Fifth and
Sixth Streets and is owned by Marshall Redder.
Staff Correspondence: A dangerous building inspection was conducted on
3/21/02 and the interior inspection was conducted 4/24/02. A Notice and Order
to repair or demolish was issued 5/14/02. On 9/5/02 the HBA declared the
structure substandard. Marshall Redder purchased the house during the DB
process, but did not appear before the HBA (he was notified). Building,
plumbing, and electrical permits have been pulled in 2002, but no inspections
have been called for. Mr. Redder was allowed to pull permits 7/1 /03 which
expired 9/15/03. He was brought back before the HBA 10/2/03 and the structure
was declared. He was again allowed to renew the permits 10/3/03 which expired
11/3/03.
Owner Contact: There has been contact to pull permits and schedule
inspections. Mr. Redder called the office on November 17, 2003 and requested
a building inspection. This inspection was set for November 25, 2003 pending
inspection and approval of all mechanical permits.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $6,700
Estimated cost to repair: $30,000.
C:\DOCUMEr l \KUNDIN~ 1\LOCAI .S·~ 1\Tcmp\Agcnda 312 Menill.doc page 1 of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 25, 2003.
C:\DOCUME-1 \KUNDIN~l \LOCALS~l\Temp\Agenda 312 Metrill.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
312Merrill
3/21/02
Inspection noted:
1. An interior inspection is required by all trade inspectors' (this includes Plumbing,
Mechanical, Electrical and Building).
2. Roof covering and flashing on home is in need of repair or replacement.
3. Chimney is falling apart onto roof
4. Soffit and fascia missing or faling off. Drip edge is also missing.
5. Back stairs and landings unstable and dangerous, columns leaning. Illegal
guardrails, handrails, stairs unstable. Beam member cracked, decking rotted.
6. Foundation wall repair needed, need to investigate interior walls.
7. Side stairs - deteriorating treads.
8. Siding needs repair.
9. 3' O" x 6' 8" Exit door needed in upper apartment.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~ I\KUNDIN~ l\LOCALS~ I \Temp\312 Merrill.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
312 Merrill
(INTERIOR INSPECTION)
Inspection noted:
1. Plumbing & mechanical in state of disrepair. Need to be brought up to applicable
codes & standards.
2. Replace all apartment entry doors with 3 ft. 6 ft. 8 inch doors for required exit.
Sec. R3 ll-Article 311.3. Michigan Residential Code 2000. (All doors have
damage and must be replaced.)
3. All stairways, guardrails, landings must be brought up to code. (Collapsed
landings, missing handrails, damaged stairs)
4. All bedrooms must have required egress windows 5.7 sq. feet of opening area.
5. Basement wall west section of home must be replaced, large bow in foundation
wall.
6. All damaged floor joists in home must be replaced. Improper repairs in basement
and cut, notched joists are not allowed.
7. All wall and ceiling damage must be repaired or replaced - all apartments.
8. All plumbing, mechanical, and electrical work to be done by licensed contractors.
9. Smoke detectors required.
10. Light fixtures incomplete.
11. Switch outlet covers missing.
12. Light fixtures improperly installed.
13. Service must be repaired.
14. Exposed romex in basement.
15. Romex hanging in basement.
C:IDOClJME-..1 \KUNDIN~ I \LOCALS~ l\Temp\312 Merrill interior.doc
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-48 Address: 1021
Kenneth
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
1021 Kenneth 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: 03-48 - 1021 Kenneth, Muskegon, Ml, area 11.
Location and ownership: This structure is located on Kenneth between Apple
and Ada and is owned by Bakri Jameil of Grand Rapids, Michigan.
Staff Correspondence: A dangerous building inspection was conducted on
5/29/03 and the interior inspection was conducted 7/1/03. A Notice and Order to
repair or demolish was issued 8/7/03. On 10/2/03 the HBA declared the
structure substandard.
Owner Contact: There has been no contact from the owner.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $14,700
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, November 25, 2003.
C:\DOCUME-1 \KUNDIN-1 \LOCAI,S~-1 \Temp\Agenda 1021 Kenneth.doc page 1 of!
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1021 Kenneth
5/29103
Inspection noted:
1. Boarded over I 80 days.
2. Windows broken or missing.
3. Roof deteriorated.
4. Exterior painting required.
5. Block missing under porch.
6. No utilities.
7. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
8. 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
4-23 OF THE MUSKEGON CITY CODE.
HENRYFALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~1\KUNDIN~ l\LOCALS~ l\Tcmp\l 021 Kenneth.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1021 Kenneth
(INTERIOR INSPECTION)
711/03
Inspection noted:
1. Broken switch and light in front bedroom.
2. Open light fixture in bedroom closet.
3. No GFI's in kitchen.
4. Range cable is damaged.
5. Service needs to be replaced.
6. Rear entry light is broken and has no box.
7. Kitchen light is damaged.
8. Hard wired smoke alarms with battery back up required per MRC 2000.
9. Check for ground connection and 3 wire plugs.
10. Water heater vented improperly.
11. Furnace B-vent too close to combustibles.
12. Water heater needs to be replaced.
13. Duct work needs repair.
14. Plumbing, waste, vent & water needs to be replaced or repaired.
15. Furnace needs service.
16. Unused chimney needs to be capped.
17. Addition on back of house needs to be rebuilt to code - structure is collapsing &
rotted.
18. Structural damage to rafter system on main section of home - needs repair to
sections of roof that are sagging.
19. Soffit system on house is incomplete.
20. All stairs on house must meet MRC 2000 requirements for stairs, guards,
handrails.
21. Replace all damaged windows and frames. Windows must be openable for
ventilation requirements.
22. Scrape and paint exterior window frames.
23. Repair all interior floor, wall and ceiling damage.
24. Smoke detectors throughout - hardwire interconnected with battery back up.
25. Install new 3' x 8' required exit door.
26. Repair all siding.
27. Foundation wall repair - tuck pointing required.
C:\DOCUME,-, l\KUNDIN~!\LOCALS~ !\Temp\! 021 Ke,meth-interior.doc
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
4-23 OF THE MUSKEGON CITY CODE.
HENRY F ALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~1\KUNDIN~ 1\LOCALS~ 1\Temp\! 021 Kenneth-interior.doc
/
\0'2.\
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 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 1021 Kenneth 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 $3505
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 1/!a 11 -Jao.v1 r
Printed name cind title
ATTEST:
City Clerk G
(SEAL)
CERTIFICATION (IF APPLICABLE)
1, 1 0 /11Illj \ )0 :fr' r·
/' .--
, certify that I am the ----'_]'-._,f__,,,,C""--'----
of the Corporation named as contractor herein;
That AI
0, (\. \ {cx_oloIr' '\ ' who signed this Agreement on behalf of the
.
Contractor, was then f C e -5 · 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.
(CORPORATE SEAL)
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 02-38 Address: 419 W.
Muskegon (Garage only).
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
419 W. Muskegon Garage only 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: #02-38, 419 W. Muskegon Ave., Muskegon, Ml
Location and ownership: This structure is located on Muskegon Avenue and is
owned by Ruby Johnson.
Staff Correspondence: A dangerous building inspection was conducted on
7/25/02 and notice and order to repair or remove was issued 7/30/02. On 8/5/02
the owner pulled a permit to repair the garage. It appears that the work has not
been done and no inspections called for. On 3/6/03 the HBA declared the
garage substandard and ordered it demolished. The owner has attended all
meetings and agrees with staff that the condition of the garage is such it should
be demolished. The owner is unable to complete the demolition due to financial
hardship. The HOC concurred with the HBA on 10/7/03.
Owner Contact: None
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,600
Estimated cost to repair: $5,000 (Garage only)
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, November 25, 2003.
C:\DOCUME-1 \KUNDIN,-1\LOCALS-1 \Temp\AGENDA -419 W.Muskcgon-G.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
419 W. Muskegon (Garage)
.Tuly 25, 2002
Inspection noted:
1. Roof is deteriorating and must be replaced.
2. No foundation - untreated lumber is deteriorated and must be replaced.
3. Exterior surface must be painted.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUB ST AND ARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME- I \KUNDIN~ !\LOCALS-l\Tcmp\419 W. Muskegon(G).doc
--
'
__________ ..
AGREEMENT
THIS AGREEMENT, made this June 8, 2004 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 419 W. Muskegon-Garage 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 $1100.
ARTICLE 3. · CONTRACT: The executed contract shall consist.of, but n~t 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:
ATTEST:
y
ll0-i:t
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, -~f'.'l_._\_c:i~r_,__0:2=-~•c,._,.~£~'c~-• certify that I am the - 41·'c'..lr·'--'ta..c·:<c...·_ _ _ _ __
25
of the Corporation named as contractor herein;
That ·-r,. . ,. . . . _,h ' ( _ J;',,. 9 ·'-" r ,who signed this Agreement on behalf of the
Contractor, was then 0, c..,-','"'- < 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:
{tt,~ C}L ~V'-
(CORPORATE SEAL)
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-24 Address: 428
McLaughlin.
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
428 Mclaughlin 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: 03-24, 428 McLaughlin, Muskegon, Ml. - area 11.
Location and ownership: This structure is located on McLaughlin between Wood
and Williams and is owned by Dan Heller.
Staff Correspondence: A dangerous building inspection was conducted on
4/16/03. No interior inspection has been conducted. A Notice and Order to
repair or demolish was issued 5/12/03. On 7/3/03 the HBA declared the
structure.
Owner Contact: There has been no contact with the owner.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $13,300
Estimated cost to repair: $5,000 plus cost of interior repairs.
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, November 25, 2003.
C:\l)()CUME-1 \KUNDIN-·l \LOCALS- I \fcmp\Agenda 428 McLaughlin.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
428 McLaughlin
4/16/03
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Windows broken out. Must be repaired or replaced.
3. Siding is deteriorated and must be repaired or replaced.
4. Front steps improperly constructed and must be repaired to comply with current
code.
5. Large amount of trash/debris around exterior of structure and must be removed.
6. Foundation must be repaired.
7. Front porch deteriorated and must be repaired or replaced.
8. Permits for repairs must be obtained prior to commencement. Contact Inspection
Services for further information. (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
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~ I \KUNDIN~ !\LOCALS~ l\Temp\428 McLaughlin.doc
_/
--- ~- -----
AGREEMENT
THIS AGREEMENT, made this June 8, 2004 by and between:
Press's LLC
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ __J; (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 428 McLaughlin 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 $3094.
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: .-·7;1 .I,{ ,-l-< v· Jo. ,, ., r
Printed nkme and ?itle
ATTEST: CITY OF MUSKEG
·- --- __ ::> -,
~k,,Lrl., ,be: ·°"'f'MJ'I BY:
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, _ __jp,'----'----'-\"'-c,,_,,_.__::-SC=.c~0c..•:..,,,-,Q"'-_-'-
1-_ _ , certify that I am the ___JIL\!-G·"""',,.,_,_ _ _ _ __
I
of the Corporation named as contractor herein;
That ·-·yo ,rY, ,,~ ,1 ·.:Sc- '':f' c , who signed this Agreement on behalf of the
Contractor, was then Cl c,.', ,,k.., ...- 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.
(' .::·
(CORPORATE SEAL) __.,~...c...c'-~c"-',-"'"-"""J"'•c~.:...J'"1f-"-Q..'=--.1..r_-+fT•f,.
Printed Name anb Title
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-01 Address: 719
Orchard.
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
719 Orchard 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: 03-01, 719 Orchard Ave., Muskegon, Ml.
Location and ownership: This structure is located on Orchard between Kenneth
and Getty Street and is owned by Gennie Kellum (deceased) and John Lester.
Staff Correspondence: A dangerous building inspection was conducted on
1/15/03, because of the structure being boarded up for more than 180 days, and
the interior inspection was conducted 2/27/03. A Notice and Order to repair or
demolish was issued 3/19/03. On 6/5/03 the HBA declared the structure
substandard, with a 60 day delay in bringing it before commission.
Owner Contact: John Lester and Faye Gilbert, the daughter of the deceased
owner, Gennie Kellum, appeared before the HBA to explain their status with this
structure. On this date they stated they were trying to settle an issue with
ownership through their attorneys because they could not reach an agreement
on what to do with the house. The director of Inspections told them at the HBA
meeting they would have 60 days before he proceeded with this case to settle
their legal issues pertaining to this house. There has been no contact from either
Mr. Lester or Ms. Gilbert since the HBA meeting.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $13,900
Estimated cost to repair: $8,000.
C:\DOClJMFrl\KUNDIN~·l\LOCALS-1\Temp\Agenda 719 Orchard.doc page lof2
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, November 25, 2003.
C:\DOCUME~-1\KUNDIN-1 \LOCALS~-I \Temp\Agcnda 719 Orchard.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
719 Orchard
03/19103
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Tuck point all openings in exterior block walls.
I. Remove section of sidewalk that is sloping toward home - water flowing directly
to foundation wall.
2. Stabilize front steps to home.
3. Remove debris from back roof
4. Repair or replace chimney.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~l\KUNDIN~l\LOCALS~l\Temp\719 Orchard.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
719 Orchard
(INTERIOR INSPECTION)
3/14/03
Inspection noted:
I. Metal boxes not grounded.
2. Paddle fan improperly installed.
3. Kitchen counter not served by outlet.
4. Bathroom outlet not GFI.
5. Replace service.
6. Tray cable not permitted.
7. Open J-Box to be closed.
8. Basement outlets not GFI.
9. Fixtures incomplete.
IO. Inadequate outlets in bedrooms.
11. Covers missing.
12. Handrail & guardrails must be installed to MRC 2000 requirements.
13. Smoke detectors to be installed (hard-wired).
14. Broken windows to be replaced.
15 _ Floor, walls, & ceilings to be repaired.
16. Floor joists need repair on porch.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C :\DOCUME~ I \KUNDIN~ I \LOCALS~ I\Temp\719 Orchard-interior.doc
ii -i
, 11- I
7\°' Or~rd
//·e<S UJ
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 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".
WITN ESSTH, 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 719 Orchard 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 $3400
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:
0 title
ATTEST:
I
City Clerk
kuvALV:J"·'~
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, -/a JTl tHf .__,) C( ~ Cc C , certify that I am the _ _..::.:,,'-·::::ccf'.=:.C:::..:·___:_•_ _ __
of the Corporation named as contractor herein;
That ,4/a_ (/ \J [\. Q{2_ ·c : who signed this Agreement on behalf of the
Contractor, was then f1C12'5 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: ')
- , ti' 1_/ I
(CORPORATE SEAL)
-1~tfi~M;m~j~~fr\~1eJ
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 02-51 Address: 1553
Terrace.
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
1553 Terrace 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: 02-51, 1553 Terrace, Muskegon, Ml, area 10.
Location and ownership: This structure is located on Terrace between E. Forest
and E. Grand and is owned by Angela Oliver.
Staff Correspondence: A dangerous building inspection was conducted on
9/6/02 and the interior inspection was conducted 10/18/02. A Notice and Order
to repair or demolish was issued 11/21 /02. On 2/6/03 the HBA tabled the case
for 90 days. On 6/5/03 the HBA declared the structure.
Owner Contact: Angela Oliver and Brian VanFarowe were both present at the
HBA meeting. Brian VanFarowe sold the house to Angela Oliver on a land
contract and stated he was interested in getting the property back because
Angela was losing the house for non-payment. Angela stated she was trying to
retain the property and pulled a permit to repair on 4/18/03. It expired 6/15/03
and no inspections have been called for. The case was brought back before the
HBA on 6/5/03 and both parties were again present. Ms. Oliver stated she
owned another house in Muskegon Heights that she had to fix and did not have
the finances to repair the house on Terrace. Mr. VanFarowe stated he would like
to save the house, but Ms. Oliver would not sign it back to him, so he would have
to wait 90 days until she lost it. The HBA declared the structure.
There has been no further contact with the parties since the HBA meeting. It
appears, during a recent drive by inspection, that the property is currently for sale
and possibly occupied by persons unknown.
Financial Impact: CDBG
Budget action required: None
C:\DOCUME~·l \KUNDINN I \LOCALS-I \Temp\Agenda 1553 Ten-ace.doc page I of2
State Equalized value: $16,100
Estimated cost to repair: $10,000.
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, November 25, 2003.
C:\DOCUME~l \KUNDIN~J \LOCALS~·l \Tcmp\Agenda 1553 Terrace.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1553 TERRACE
9/6/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Structure vacant and boarded over 180 days.
3. Graffiti on structure.
4. Rear addition rotting and falling away.
5. Wood at ground under bay window rotting.
6. No utilities.
7. Side steps deteriorated.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUB ST AND ARD BUJLDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
ROBERT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
C:IDOCUME~l\KUNDIN~l\LOCALS~l\Tcmp\1553 Terrace.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1553 TetTace
(INTERIOR INSPECTION)
10/18/02
Inspection noted: UPPER UNIT
I. Kitchen counters not se1ved.
2. Box outlets.
3. Light fixtures incomplete.
4. Incandescent light in closet.
5. Bedroom only served by one outlet.
6. Living room only served by one outlet.
7. Front room only served by two outlets.
8. Need smoke detectors.
9. Guardrail on upper needs to be 36 inches.
10. Repair-replace all damaged drywall caused by roof damage; walls and ceilings.
11. Replace broken windows.
12. Smoke detectors needed per code.
LOWER UNIT
I. Bathroom outlet not GFI.
2. Exposed romex in closet.
3. Lights are incomplete.
4. Broken covers throughout house.
5. Back portion of home collapsing.
6. Access door to crawl space-mechanicals is broken (open access).
7. Repair-replace all damaged drywall caused by roof damage; walls and ceilings
8. Replace broken windows.
9. Smoke detectors needed per code.
BOTH UNITS
I. HVAC needs to be cleaned, inspected and certified safe.
2. Plumbing needs support.
3. Water piping needs to be pressurized and tested for leaks.
4. Plumbing fixtures need repair or replacement.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
-------~
/
DATE: November 17, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-21 Address: 999
Washington.
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
999 Washington 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: 03-21, 999 Washington, Muskegon, Ml.
Location and ownership: This structure is located on Washington between
Franklin and Hudson and is owned by Jose Castanon.
Staff Correspondence: A dangerous building inspection was conducted on
4/15/03 and the owner has not allowed an interior inspection. A Notice and
Order to repair or demolish was issued 8/25/03. On 10/2/03 the HBA declared
the structure substandard.
Owner Contact: On 5/13/03 an interior inspection notice was issued. Mr.
Castanon canceled the inspection and stated his brother now owns the structure.
His brother, Alex, was present at the 10/2/03 HBA meeting, but left before his
case was heard. There has been no contact with either party since the October
HBA meeting.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $11,700
Estimated cost to repair: $10,000 plus the cost of interior repairs.
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, November 25, 2003.
C:\DOCUME-1 \KUNDIN~, 1\LOCAJ,S-1 \Tcmp\Agenda 999 Washington.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
999 WASHINGTON
4/15/03
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Building has severe structural damage roof system, failing. Roof covering
missing, deteriorating, exposed roof sheathing - water soaked.
3. Rafter inspection needed to determine rafter - ceiling joist damage.
4. Foundation is failing.
5. Siding on building is rotting and incomplete.
6. Doors and windows are rotted - openings to doors and window are rotted and
exposed to weather.
7. Fascia and soffit are rotted and missing.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C :IDOClJME.-..1 \KUNDIN~ I \LOCALS~ I \Temp\999 Washington.doc
I
!
11 "
___.- --··
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 by and between:
Franklin Contractors
(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 999 Washington 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 $2900
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: ~n,vetU 12.. PelH.lkt..l,V 1//e&s1iJGvr
Printed name and title
ATTEST:
_ _ _._.,. ---- ~?
d//l:dJ
L//Jda
4
/lrt-rr
,,.•• /
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, 9{jf,JJ£3J) R,. ~ l t . J , certify that I am the /JPEt:r&br.fC
of the Corporation named as contractor herein;
That _ _ _ _ _ _ _ _ _ _ , who signed this Agreement on behalf of the
Contractor, was then, _ _ _ _ _ _ _ _ _ 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:
]Jo.LL{¢__•~
(CORPORATE SEAL) ~-(a;Pa) t,. ~ (
Printed Name and Title
uIPt-t:s..
CITY OF MUSKEGON
RESOLUTION# 2003 96 (n)
RESOLUTION TO DECLARE AN EMERGENCY MORATORIUM ON CERTAIN
DEMOLITION PROJECTS
WHEREAS, the Ci ty has commenced the process for the establishment of a historic district that
encompasses the five remaining buildings in or adjacent to the fo1mer Muskegon Mall ,
commonly known as the former Century Club, the Daniels Building, the former Hackley Union
Bank building, the fo1mer Savings Bank Building and the current National Cities Bank building;
WHEREAS, in the process of establishing the proposed historic district, the City has established
a historic study committee, which has undertaken a study, issued a report, and forwarded that
report to the State Historic Preservation Office;
WHEREAS, an application for a demolition permit has been filed seeking permission to
demolish the five remaining buildings in or adjacent to the former Muskegon Mall;
WHEREAS, the demolition of the five remaining buildings in or adjacent to the former
Muskegon Mall would cause iJTeparable ha1m in the proposed historic district;
NOW, THEREFORE, BE IT RESOLVED, that the City Commission declares an emergency
moratorium on the demolition of the five remaining buildings in or adjacent to the former
Muskegon Mall for sixty (60) days.
Effective this ..2.5..t.h day of November , 2003.
G:\EDSI\FILES\00100\1 BB1\RESOLUnB92731 .DOC
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution authorized
by the City Commission of the City of Muskegon, County of Muskegon , Michigan, at a regular
meeting held on November 25, 2003.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
PREPARED BY:
John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, MI 49443-0786
G:\EDSI\FILES\00100\1881 \RESOLUT\B92731. DOC
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