City Commission Packet Archive 06-12-2001

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               CITY OF MUSKEGON
               CITY COMMISSION MEETING
                             JUNE 12, 2001
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                    AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
               a. Goodwill Industries International Employer of the Year Award
o PRESENTATIONS:
o CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
               b. Consideration    of   Bids    Barney   Ave..   Valley   to   Roberts
                  ENGINEERING
               c. Sealed Bid Equipment Sale PUBLIC WORKS
               d. Budgeted Equipment Purchase. PUBLIC WORKS
               e. Budgeted Equipment Purchase Portable Radios. PUBLIC WORKS
               f.   Julie hackley Intern Wages 2001. AFFIRMATIVE ACTION
               g. Lakeshore Pathway - Kirksey Property. PLANNING & ECONOMIC
                  DEVELOPMENT
               h. Selection of Painters for the City Paint Program. COMMUNITY
                  RELATIONS
               i.   Quitclaim Deed for Streets in Harbour Towne. CITY MANAGER
               j.   Fireworks Display - Summer Celebration CITY CLERK
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
               a. Donation Request from Miss Michigan Scolarship Program {Tabled
                  from May 22. 2001 meeting). CITY MANAGER
                      b. Pere Marquette Request for Proposals. LEISURE SERVICES
                      c. Cross Lake Ferry Committee (Tabled from May 22 2001 meeting}.
                         CITY MANAGER
•   NEW BUSINESS:
                      a. Downtown Development Authority Bond Refunding - Parameters
                         Resolution. FINANCE
                      b. Selection of Contractor for New Construction at 1706 Jarman.
                         COMMUNITY & NEIGHBORHOOD SERVICES
                      c. Disclosure of Potential Conflict of Interest Under Community
                         Development    Block    Grant   Program.      COMMUNITY   &
                         NEIGHBORHOOD SERVICES
                      d. Selection of Paint Supplier. WATER
                      e. Selection of Contractor for Rehabilitation of City Owned Structure
                           at 315 Catawba. COMMUNITY & NEIGHBORHOOD SERVICES
                      f.   Resolution in support of House Resolution #15, regarding directional
                           drilling under the Great Lakes. COMMUINITY               RELATIONS
                           COMMIITTEE
                      g. Resolution Recognizing Muskegon Western Little League Baseball,
                         LLC. Of Muskegon as non-profit organization for the purpose of
                         obtaining a Gaming License. CITY CLERK
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   Reminder: Individuals who would like   to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY-FOUR-HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!L A. KUNDINGER, CITY
CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
                                                                                                                                                    2001-62{a)


                                                                        Q1ity nf




                                                   P'R<.9CLAMA ,ION
                                       Goo-clw{ll, I ~v~ I V\tevviat-'L01'1.alt
                                       Lav~ Em;pl,oyev of the,, Year A wavd,;
                                                     JU,r.tl£/1, 2001
WHEREAS the City Of Muskegon wishes to congratulate Roger Eikenberry, President/Owner of Plumbs Inc., on the
distinction of Goodwill Industries International Large Employer of the Year; and

WHEREAS the City Of Muskegon is proud to have such a strong partnership with Goodwill Industries; and

WHEREAS the City Of Muskegon is truly th'ankful to have such a fine Company, which shows care, concern and
value to the participants of Goodwill Industries; and

WHEREAS we publicly acknowledge the effort put forth in providing hands-on-training for the Retail and Customer
Service training Program. Plumb's has always held a non-disciminatory philosophy concerning its employees and
currently employs 56 full-time and 14 part-time people with disabilities or other barriers to employment; and

THEREFORE, NOW BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of Muskegon, and speaking on
behalf of the City Commission, call upon all citizens of Muskegon to join in congratulating Roger Eikenberry and the
Plumb's Stores for this prestigious award.

                                                               IN WITNESS WHEREOF, We hereunto set our hand and cause the seal of the
                                                               City of Muskegon to be affixe/2is 1st day of Jun              01.

                                                           ~
_~d:..:::'-'e'.!'.IA.,4)="'-e:c./L__,_.L&llcb.'::.,,;A!<:;L~
Fred J. Niefs                , Mayor


Scott Sieradzki, Vice Mayor

                                                                                           / .,_, ( 7·--
                                                                                         John Aslakson, Commissioner
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                                                                                         Lawrence Spataro, Cammi sioner
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                                                                                         Robert Schweifler, Commissioner
Date:    June 12, 2001
To:      Honorable Mayor and City Commissioners
From:    Gail A. Kundinger, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, May 22, 2001.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
       CITY OF MUSKEGON
       CITY COMMISSION MEETING
                               JUNE 12, 2001
       CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                       MINUTES

    The regular Commission Meeting of the City of Muskegon was held at City Hall, 933
 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, June 12, 2001.
     Mayor Fred J. Nielsen opened the meeting by offering the prayer after which the members
 of the City Commission and the members of the public joined in reciting the Pledge of
 Allegiance to the Flag.
 ROLL CALL FOR THE REGULAR COMMISSION MEETING:
    Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioner John
 Aslakson; Jone Wortelboer Benedict; Robert Schweifler; Clara Shepherd; Lawrence Spataro.
 2001-62    HONORS AND AWARDS:
                 a. Goodwill Industries International Employer of the Year Award.
 Mayor Fred J. Nielsen made a presentation to Roger Eikenberry, President and Owner of
 Plumbs, Inc. for receiving the International Large Employer of the Year award from Goodwill
 Industries.
 2001-63 · CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
 SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that
 was held on Tuesday, May 22,2001.
 FINANCIAL IMPACT: None
 BUDGET ACTION REQUIRED: None
 STAFF RECOMMENDATION: Approval of the Minutes.
                 b. Consideration of Bids - Barney Ave., Valley to Roberts.
                    ENGINEERING
SUMMARY OF REQUEST: To award the contract for the reconstruction of Barney (including
the lift station), from Valley to Roberts to Millbocker & Sons since they were the lowest
responsible bidder with a bid price of $439,720.15.
FINANCIAL IMPACT: The construction cost of $439,720.15 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None, this project is in the 2001 budget.
STAFF RECOMMENDATION: Award the contract to Millbocker & Sons.
                 c. Sealed Bid Equipment Sale. PUBLIC WORKS
SUMMARY OF REQUEST: Approve the sale of the following City owned Equipment:
One (1) 1985 High Pressure Sewer Cleaner (Vactor) to Newkirk Electric for the bid price of
$48,500.00
One (1) 1979 Case Drott Cruise Air Excavator to Moyer and Company for the bid price of
$8,605.00.
FINANCIAL IMPACT: The combined sale amount of $57,105.00 will be placed into the
equipment fund to purchase equipment budgeted for 2001.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the sale of the 1985 Sewer Cleaner to Newkirk
Electric at the bid price of $48,500.00 and to approve the sale of the 1979 Case Drott cruise
air Excavator to Moyer & Company at the bid price of $8,605.00.
                 d. Budgeted Equipment Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one (1) Combination High Pressure Sewer
Cleaner and Catch Basin Cleaner (Vactor) from Jack Doheny Supplies for the bid price of
$236,744.00.
FINANCIAL IMPACT: $236,744.00 Equipment Fund
BUDGET ACTION REQUIRED: None, The sale of our 1985 Vactor and Drott Excavator
totaling $57,105.00 along with eliminating $11,000.00 for the purchase of an air compressor
will bring this equipment purchase within budget. Original budget estimates for this purchase
included the sale of the Vactor and Drott.
STAFF RECOMMENDATION: Approve the purchase of one (1) Combination High Pressure
Sewer Cleaner and Catch Basin Cleaner for the bid price of $236,744.00 from Jack Doheny
Supplies.
                e. Budgeted Equipment Purchase Portable Radios. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase Eighteen Portable Radio Units for
Police/Fire and Twelve Portable Radio Units for DPW from Tele-Rad Inc. of Muskegon at the
price of $678.85 each.
FINANCIAL IMPACT: $20,365.50 equipment fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the purchase of 30 portable radio units from Tele-
Rad Inc. for the price of $20,365.50.
                g. Lakeshore Pathway - Kirksey Property. PLANNING & ECONOMIC
                   DEVELOPMENT
SUMMARY OF REQUEST: Due to complications on the title, the City is unable to acquire the
Kirksey Property directly for the Lakeshore Pathway. Therefore, it is necessary to condemn
the property. Offer letters have been sent to all parties on the title commitment, with no
response. Thus, the city Commission is requested to proceed with condemnation.
FINANCIAL IMPACT: The appraised value of the property is $60,000, which will be paid for
through the golf course proceeds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and Declaration of Taking, and
authorize the Mayor and the clerk to sign.


                 i.   Quitclaim Deed for Streets in Harbour Towne. CITY MANAGER
SUMMARY OF REQUEST: To approve a resolution to accept a quitclaim deed for streets
and easements in the HarbourTowne Condominium development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
                j. Fireworks Display -Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Sieve Franklin, Summit Pyrotechnics, is requesting approval of a
fireworks display for July 4 th , and July 8, 2001. Fire Marshall Grabinski has reviewed the
request and recommends approval contingent on inspection of the fireworks and approval of
the insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and
approval of the insurance.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to approve
the consent agenda as read with the exception of the removal of items f,h, which were
removed.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson,
               NAYS;None
MOTION ADOPTED
2001-64    ITEMS REMOVED FROM THE CONSENT AGENDA:
                f.    Julia Hackley Intern Wages, 2001. AFFIRMATIVE ACTION
SUMMARY OF REQUEST: To approve an increased wage matrix for the 2001 interns in the
Julia Hackley Internship program. An increased wage matrix will allow the City of Muskegon
to remain competitive at attracting and retaining qualified candidates. The current wage
matrix is $5.50 to $7.00 per hour. The proposed range or wage matrix is $7.00 - $10.00 per
hour (which is comparable to our other seasonal non-union employees@ $7.00 to $14.30
per hour).
FINANCIAL IMPACT: Any wage increase will come directly from the Julia Hackley Funds
allocated to the City of Muskegon. The City has received $7,200.00 for 2001.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Recommends approval.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to approve
the increased in wage matrix for the Julia Hackley Internship Program.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson, Benedict,
               NAYS;None
MOTION ADOPTED
                h.   Selection of Painters for the City Paint Program. COMMUNITY &
                     NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To have the Commission approve three (3) selected paint
contractors for this summers paint program through the Community and Neighborhood
Services Department.
FINANCIAL IMPACT: Expense will be covered through the 2001-2002 CDBG Paint and
Siding Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the selections.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Benedict to approve the
three selected paint contractors for this summers paint program ..
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson, Benedict, Nielsen,
               NAYS;None
MOTION ADOPTED
PUBLIC HEARINGS: None
COMMUNICATIONS: None
CITY MANAGER'S REPORT: None
2001-65    UNFINISHED BUSINESS:
                a. Donation Request from Miss Michigan Scholarship Program
                   {Tabled from May 22, 2001 meeting). CITY MANAGER
SUMMARY OF REQUEST: To consider a request from the Miss Michigan Scholarship
Program for a $10,000 cash donation for scholarships for competing contestants. Applicant
requested that this item be withdrawn from the agenda.
FINANCIAL IMPACT: $10,000.00
BUDGET ACTION REQUIRED: Budget amendment would be required of request is
approved.
STAFF RECOMMENDATION: To deny the request and consider funding for 2002 budget
year.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to refer to
                                                                  nd
staff to discuss at the next Community Relations Meeting on July 2 , 2001.
No Vote - Discussion on the item.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to call the
question.
ROLL VOTE: AYES; Shepherd, Spataro, Aslakson, Schweifler,
                NAYS; Sieradzki, Benedict, Nielsen,
MOTION ADOPTED
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to move on
original motion to refer the item to staff for report ant the next Community Relations
Meeting in July.
ROLL VOTE: AYES; Spataro, Aslakson, Schweifler, Shepherd,
               NAYS; Sieradzki, Benedict, Nielsen,
MOTION ADOPTED
                 b. Pere Marquette Request for Proposals. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to prepare and send out a Request for
Proposals for limited commercial development of Pere Marquette Park.
FINANCIAL IMPACT: Unknown
BUDGET ACTION REQUIRED: none
STAFF RECOMMENDATION: Approval
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to deny
request to authorize staff to prepare and send out Request for Proposals for limited
development of Pere Marquette Park.
ROLL VOTE: AYES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
                 Sieradzki,
               NAYS; None
MOTION ADOPTED
                 c. Cross Lake Ferry Committee (Tabled from May 22, 2001 meeting).
                    CITY MANAGER
SUMMARY OF REQUEST: A request was made to appoint two members of the City
Commission to a committee to work on the Cross Lake Ferry project. There is currently a
local work group made up of city staff and several other local agencies meeting together to
work on this project. It is not necessary at this time to appoint two Commissioners to the
work group.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To not appoint two Commissioners to the Cross Lake Ferry
committee at this time.
Moved by Vice mayor Sieradzki, seconded by Commissioner Aslakson not to appoint
two Commissioners to the Cross Lake Ferry committee.
ROLL VOTE: AYES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
                 Spataro,
               NAYS; None
MOTION ADOPTED
2001-69     NEW BUSINESS:
                 a. Downtown Development Authority Bond Refunding - Parameters
                    Resolution. FINANCE
SUMMARY OF REQUEST: The City Commission has previously adopted a resolution
authorizing issuance of Downtown Development Authority "refunding" bonds. The second
Commission action required in the refunding process is adoption of the attached "parameters
resolution" which sets forth specific procedures and terms for selling the bonds and
authorizes staff to undertake specific actions to accomplish the sale. A third City Commission
action will be required in coming weeks to approve the actual sale of bonds.
FINANCIAL IMPACT: If the refunding is completed, interest savings (on net present value
basis) are projected to be $1,525,000. This will help free up ODA tax increment dollars for
use on other downtown projects.
BUDGET ACTION REQUIRED: None at this time. Once bonds are sold, debt service will be
paid by DOA tax increments over the life of the bonds. (18 years)
STAFF RECOMMENDATION: Approval of the resolution.
Moved by Commissioner Aslakson, seconded by Vice Mayor Sieradzki to concur with
staff to adopt the resolution for selling the DOA bonds.
ROLL VOTE: AYES; Benedict, Nielsen, Shepherd, Sieradzki, Spataro,
                 Aslakson,
               NAYS; Schweifler (No Vote - Out of the Room)
MOTION ADOPTED
                 b. Selection of Contractor for New Construction at 1706 Jarman.
                    COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQU_EST: To select Nobles Inc. with Mark Thompson as the general
contractor to construct a designated house at the city-owned tax-reverted site at 1706
Jarman under - Operation Phoenix. The city received three bids with Nobles Inc. being the
lowest at $111,000. Once the house is completed the City of Muskegon will sell the home to
a qualified homebuyer in association with one of the City's Community Housing Development
Organizations.
FINANCIAL IMPACT: Funding will be allocated from the HOME budget 2000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the awarding of the contract to nobles Inc. to
construct the house under project Operation Phoenix.
Moved by Commissioner Shepherd, seconded by Commissioner Spataro to approve
the selection of Nobles Inc. for the construction of the house at 1706 Jarman.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson, Benedict,
               NAYS;None
MOTION ADOPTED
                c. Disclosure of Potential Conflict of Interest Under Community
                   Development Block Grant Program. COMMUNITY &
                   NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Under Community Development Block grant regulations,
potential conflicts of interest must be disclosed to the public prior to requesting a waiver from
HUD. Michael & Evelyn Brown of 297 Washington, have applied for CDBG assistance under
the City's Emergency Roof Program. They are the daughter and son-in-law of Clara
Shepherd, a City Commissioner. The City Attorney has determined that no conflict of interest
is present in this case; however, this must be disclosed to the public before any further action
can be taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:_ To approve for the City's Community and Neighborhood
Services Dept., to submit the waiver of conflict of interest to the U.S. Department of Housing
and Urban Development.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to approve
the submission of the waiver of conflict of interest to HUD.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson, Benedict, Nielsen,
                NAYS; None
MOTION ADOPTED
                 d. Selection of Paint Supplier. COMMUNITY & NEIGHBORHOOD
                    SERVICES
SUMMARY OF REQUEST: To have the City Commission approve the CNS selection of
O'Leary paint as the supplier for the 2001 Summer Paint Program. CNS received two (2)
quotes from suppliers - O'Leary Paint, 3530 Airline Rd of Muskegon and Sherwin Williams,
2425 Henry St. of Muskegon. Because of past success, the CNS department would like to
award the contract once again to O'Leary paint.
FINANCIAL IMPACT: Funds will be from the 2001 Community Development Block Grant
Paint and Siding Program.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: to approve the selection of O'Leary Paint.
Moved by Commissioner Schweifler, seconded by Commissioner Shepherd to approve
the selection of O'Leary Paint as the supplier of paint for the Paint Program.
Discussion on the item.
Moved by Commissioner Benedict, seconded by Commissioner Aslakson to table until
further information can be obtained.
ROLL VOTE: AYES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
                 Shepherd,
               NAYS;None
MOTION ADOPTED
                 e. Selection of Contractor for Rehabilitation of City Owned Structure
                    at 315 Catawba. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the selection of Nobles Inc. with the low bid of
$67,900. For the total rehabilitation of the tax-reverted structure at 315 Catawba. The City of
Muskegon received four (4) bids for this project.
After the total rehabilitation of the structure at 315 Catawba is completed, the structure will be
sold to a qualified homebuyer in association with one of the City's Community Housing
Development Organizations.
FINANCIAL IMPACT: Funds will be allocated from the City's HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Nobles, Inc. with Mark Thompson as the general
contractor for the job of rehabilitating 315 Catawba.
Moved by Commissioner Spataro, seconded by Commissioner Shepherd to approve
the selection of Nobles Inc. for the rehabilitation of the structure at 315 Catawba.
ROLL VOTE: AYES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, .
                 Sieradzki,
                NAYS; None
MOTION ADOPTED
                 f.   Resolution in support of House Resolution #15, regarding
                      directional drilling under the Great Lakes. COMMUNITY
                      RELATIONS COMMITTEE
SUMMARY OF REQUEST: To adopt the resolution in support of House Bill #15.
Moved by Commissioner Benedict, seconded by Commissioner Shepherd to adopt the
resolution in support of House Bill #15.
ROLL VOTE: AYES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
                 Spataro,
               NAYS;None
MOTION ADOPTED
                 g. Resolution recognizing Muskegon Western Little League Baseball,
                    LLC. of Muskegon as a non-profit organization for the purpose of
                    obtaining a gaming license.
SUMMARY OF REQUEST: To adopt a resolution for Muskegon Western Little League
Baseball LLC. of Muskegon recognizing this organization as a non-profit for the purpose of
obtaining a charitable gaming license.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to
recognize the non-profit status of Muskegon Western Little League LLC. with the
amendment of the name correction.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson,
               NAYS; None
MOTION ADOPTED
2001-70     ANY OTHER BUSINESS:
              Commissioner Spataro, along with Benedict and Aslakson congratulated
citizens on the City of Muskegon for passing the Hackley library Millage.
2001-71     PUBLIC PARTICIPATION:
             Various comments were heard from the public.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to
reconsider the issue of alley vacation at 1075 W. Laketon (Wesco) at the next Regular
Commission Meeting.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
                 Aslakson,
              NAYS; Benedict,
MOTION ADOPTED

2001-72    CLOSED SESSION: To discuss pending litigation.
Moved by Commissioner Schweifler, seconded by Commissioner Shepherd to adjourn
to closed session at 7:23pm.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Aslakson, Benedict, Nielsen,
              NAYS; Spataro, (No Vote- out of the room)
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to return
from closed session at 7:57pm.
ROLL VOTE: AYES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
                 Schweifler,
              NAYS;None
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to concur
with staff to appeal the decision of the court in the case of City of Muskegon vs. Fire
Fighters Union.            ·
ROLL VOTE: AYES; Spataro, Aslakson, Nielsen, Schweifler, Shepherd,
              NAYS; Sieradzki, Benedict,
MOTION ADOPTED
ADJOURNMENT: The regular Commission Meeting for the City of Muskegon was adjourned
at 7:58pm.



                                          Respectfully submitted ,



                                            ~L~r
                                         Gail Kundinger, CMC/AAE
                                          City Clerk
Date:        June 12, 2001
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Barney Ave., Valley to Roberts


SUMMARY OF REQUEST:
To award the contract for the reconstruction of Barney (including the Lift station), from
Valley to Roberts to Millbocker & Sons since they were the lowest (see attached bid
tabulation) responsible bidder with a bid price of $439,720.15.

FINANCIAL IMPACT:
The construction cost of $439,720.15 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None, this project is in the 2001 budget.




STAFF RECOMMENDATION:
Award the contract to Millbocker & Sons.



COMMITTEE RECOMMENDATION:
                                                                                                          H-1527, W-594, S-556 BARNEY AVE. VALLEY ST. to ROBERTS ST.
                                                                                                                                                  BID PROPOSAL.
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                                                                                                                                                                12




                                                                                                                                                                                                                                                           BARNEY BID TABULATION4:46 PMOS/31/2001
Date:       5/29/2001
To:         Honorable Mayor and City Commission.

From:       Kelly Defrench, DPW Supervisor
RE:        Sealed Bid Equipment Sale




SUMMARY OF REQUEST: Approve the sale of the following City owned
Equipment.
One (1) 1985 High Pressure Sewer Cleaner (Vactor) to f\ewkirk Electric for the
bid price of $48,500.00
One (1) 1979 Case Drott Cruise Air Excavavator to Moyer and Company for
the bid price of $8,605.00


FINANCIAL IMPACT: The combined sale amount of $ 57,105.00 will be
placed into the equipment fund to purchase equipment budgeted for 2001




BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approve the sale of the 1985 Sewer Cleaner
(Vactor) to Newkirk Electric at the Bid price of $48,500.00 and to approve the
sale of the 1979 Case Drott Cruise Air Excavatcr to Moyer and Company at the
bid price of $8,605.00
    Memorandum
    To:    Bob Kuhn, Director of Public Works
    CC:    Ken Meyer, Deputy Director
    From: Kelly DeFrench, Public Works Supervisor
    Date: 5/30/2001
    Re:    Sealed Bid Equpiment Sale




    Sealed bids were received at the City Clerks office on May 29,2001 for the sale
    of our 1985 Vactor and 1979 Drott Excavator

    Two (2) bids were received for the Vactor with Newkirk Electric of Muskegon
    being the high bidder at $48, 500.00

    One (1) bid of $8,605.00 was received for the Drott Excavator from Moyer &
    Company of Niles Ml

    A minimum bid requirement of $35,000 for the vactor and $8,500 for the Drott
    Excavator were indicated in the bid proposal. Minimum bids were determined
    by market value as suggested by contacts I have made with professionals in
    the equipment sales business.

    It is my recommendation that we sell the Drott Excavator and Vactor for the bid
    price received by Newkirk Electric and Moyer Company. The total amount of
    $57,105.00 would then be placed into the Equipment fund to purchase
    equipment budgeted for 2001.




1
                               Equipment List 2001
                    City of Muskegon Sealed Bid Equipment Sale




  1985 Vactor --Minimum bid $35,000



  1979 Case Drott Cruise Ai:r Excavator --Minimum bid $8,500




              City of Muskegon
              Invitation for Bids
     The City of Muskego~ ivill receive
  sealed bids until 2 om· local time on
  May 29th, 2001 at the City Clerks
  Office, City Hall, 933 Terrace Street,
   Muskegon, Michigan 49440,. at.
   which time and place all bids. will be
 . publicly opened and read allowed for
. the sale of the ·following equipment.
     One (1) 1.981,l High Pressure com·
   bin_atioh sewer. cleaner
   (Vactor)             ·
     One (1) 1979 Case Drott Cruise Air
   Excavator
     Addiiional information and arrange-
   ments to view and inspect the equip-
   ment can be made by contacting
   Kelly DeFrench at .(231) 724-4184,
 · The •City of Muskegon reseryes .the
. right to reject any or all bids and to
. accept the bid it feels is in the best
   interest ofthe City. ·
   PUBLISH: May 14, 2oor
              City of Muskegon Used Equipment Sale
                         Sealed Bid Form

          Please only bid on one (1) Item using this form
                   *Each item is being sold as is where is.



Which item are you bidding on    One (1) 1985 High Pressure
                                 Combination Sewer Cleaner (Vactor)
How much are you bidding         $48,500.00
                                 Forty-eight Thousand Five Hundred DOLLARS
                    Ted Anton
Your Name


Company Name        NEWKIRK ELECTRIC ASSOCIATES, INC.

                    1875 Roberts Street
Address


City- State- Zip    Muskegon, MI      49442


Phone Number        (231) 722-1691




**** Place this from in an envelope dearly marked Sealed Bid
Equipment Sale

The City of Muskegon reserves the right to reject any or all
bids and to accept the bid it feels is in the best interest of the
City
              City of Muskegon Used Equipment Sale
                         Sealed Bid Form

          Please only bid on one (1) Item using this form
                   *Each item is being sold as is where is.




Which item are you bidding on     I '77</ c~) e, /2rol[ c,~ 1'S·-t At, ~ µ
How much are you bidding
                                   IJ '9 6() § t;.!t
Your Name


Company Name


Address              "f3oy J ~5
City- State- Zip


Phone Number




**** Place this from in an envelope clearly marked Sealed Bid
Equipment Sale

The City of Muskegon reserves the right to reject any or all
bids and to accept the bid it feels is in the best interest of the
City
Date:      5/30/2001
To:        Honorable Mayor and City Commission
From:      Kelly DeFrench, Public Works Supervisor
RE:        Budgeted Equipment Purchase




SUMMARY OF REQUEST: Approval to purchase one (1) Combination High
Pressure Sewer Cleaner and Catch Basin cleaner (Vacbr) from Jack Doheny
Supplies for the bid price of $236,744.00



FINANCIAL IMPACT:$ 236,744.00 Equipment Fund



BUDGETED- $ 175,000



BUDGET ACTION REQUIRED: None: The Sale of our 1985 Vactor and Drott
Excavator totaling $57,105 along with eliminating $11,000 for the purchase of
an air compressor will bring this equipment purchase within budget. Original
budget estimates for this purchase included the sale of the Vactor and Drott.



STAFF RECOMMENDATION: Approve the purchase of one (1) Combination
High Pressure Sewer Cleaner and Catch Basin Cleaner for the bid price of
$236,744.00 from Jack Doheny Supplies
     Memorandum
     To:    Bob Kuhn, Director of Public Works
     CC:    Ken Meyer, Deputy Director
     From: Kelly DeFrench, Public Works Supervisor
     Date: 5/31/2001
     Re:    Budgeted Equipment Replacement (Vactor)




     Advertisement for Sealed bids for a High Pressure combination Sewer cleaner
     and catch basin cleaner were placed in the Muskegon Chronicle on April 4,
     2001. Bids were to be received until 2 pm April 17, 2001

     One bid was received from Jack Doheny Supplies for a Vactor unit at a price of
     $236,744.00

     Since 1975 The City of Muskegon has purchased 3 High Pressure Sewer
     Cleaning Units (Vactors) from Jack Doheny Supplies. We have had good
     service from Jack Doheny over the years and the Vactor units have been very
     dependable.

     We have budgeted $175,000 towards the purchase of a new vactor. Original
     budget estimates for this purchase included the sale of our 1985 Vactor and
     1979 Drott Excavator. The combined sale of this equipment$ 57,105 plus
     $11,000 originally planned for an air compressor, which is no longer needed,
     brings the purchase of the new vactor unit within budget.

     Doheny's bid proposal also offers a 50% 5 year $118,372.00 guaranteed "buy
     back option" that we can use for future replacement of this equipment.

     It is my intention, with your approval, to place this item on the June 12,2001 City
     Commission agenda.




1.
                       CITY OF MUSKEGON
                      INViTATION FOR BIDS
                 The City of Muskegon will receive
               sealed bids until 2:00 p.m. local time
               on April 17, 2001, at the City Clerk's
               Office, City Hall, 933Terrace Street,
               Muskegon. Michigan, at which time
               and place ali bids .Will: be publicly
               opened ·and read ,a1'bqdi for;:. the; fol-
               lowing Project:     . . ..
                  15 Cubic ·Yard Liquid Capacity
               Combinatior:i High. Pressure Sewer
               jet Rodder&. Catth.13~sin Cleaner: .
         ..· The City of'Mu'sk~iJ?n r~s~es the ' .
          . right to rejec! a_ny_ or ail ~ids.. andf·. ·
               accept the .btd 1t feels- 1s in the best
               interest of the:crty.·'          ·
                             . GAILA. KUNDINGER,
         !_                    .   .         City Clerk
         l     PU BUSH: April 4, 2001
         ~ .




•   If
                              CITY OF MUSKEGON
                                         BID PROPOSAL

 The undersigned proposes to furnish: One (1) 60,000 GVW Chassis with 15 Cubic Yard
 Liquid Capacity High Pressure Jet Rodder & Catch Basin Cleaner, in accordance with the
 attached specifications which are integral to this proposal, at the following price.

 Company Name:_ _ _J_a_ck_D_o_h_e_ny~S_u~p~p_l_ie_s_,_I_n_c_._ _ _ _ _ _ _ _ _ _ _ _ __

 Quoting on: Module Vactor 2115                   Chassis Sterling LT7501         Delivery 60 to 90 Days ARO



 !EACH            60,000 GVW Chassis with 15 Cubic Yard Liquid Capacity High Pressure Jet
                  Rodder & Catch Basin Cleaner.

                             Total Unit Price                 $   236,744.00

                               Trade-in 1986 Vactor          $-       25,000.00

                             Total Net Purchase Price        $ __2_1_1_,_74_4_._o_o_ _ _ _ _'Net 30




(5) Year Lease Options: (5) Annual advance payments $             *                          /Year

 *BASED ON FIXED       (1) Upfront 5-Year payment            $    *
  RATE OF 5.99 PERCENT
                             Residual value purchase         $    118,372.00                 (Optional)
                             at end of Lease period.


Guaranteed Buyback:         After five (5) years service     $    118,372.00 (50% of Total Unit Price)
Jack Doheny Supplies, Inc,
State Guarantor             After seven (7) years service    $     94,697.60 (40% of Total Unit Price)




AWARD:            The City of Muskegon reserves the right to award the proposal to the lowest
                  responsible bidder meeting specifications; to reject low bids which have major
                  deviations from the specifications; to accept a higher bid which has only
                  minor deviations. The City reserves the right to select the most advantageous
                  ~~!iLl-pookage of,~si~e~

Submitted by: /            _,/,         i )tr J," /, .
Agent (Signature)\_       /' 9'.   ,:   &,,,; \J ! ,J1.J& v·C':fl_j
                                                /J                     Date:   April 13, 2001

Printed/Typed:        ,;~=;;?.' J{':~:~1 ~~;~
                      I            L/t--/
                                                       Representative
                                                                                     @

  777 DOHENY COURT                                                                 (248) 349-0904
  P.O. BOX 609                                                                 FA)( (248) 349-2774
  NORTHVILLE, Ml 48167                                                     WATS (800) 3 DOHENY


City Clerk's Office                                                          April 13, 2001
City of Muskegon - City Hall
Attention: Mr. Kelly DeFrench, Public Utility Supervisor
933 Terrace Street
Muskegon, Ml 49443


 RE: Bid for a Combination High Pressure Sewer Jet Rodder & Catch Basin Cleaner,
          Due April 17, 2001 Until 2:00 P.M.                  .




Dear Mr. DeFrench:

Jack Doheny Supplies, Inc. is pleased to submit a bid to provide the City of Muskegon with a new
Vactor combination sewer-cleaning machine. The Vactor 2115 unit we are proposing meets your
specification 100% without exception.

As you have discovered as you gathered information about these machines, Vactor is the world's best
selling combination sewer cleaner. Dedication to world-class quality has brought Vactor this
recognition. Its single-cylinder pump is widely regarded as the best in the industry. We have
customers who have run these pumps for more than a decade without major repair. Please compare
this fact to triplex pumps, which require a major overhaul every 12-18 months.

Like Vactor, Jack Doheny Supplies is dedicated to world-class service. We maintain a parts
inventory in excess of $5 million so your Vactor stays productive and on the streets. Our
co1m11itment to training is tops in the industry and is an important part of our cmmnitment to being
your partner for a successful sewer-cleaning program.

Please review the enclosed proposal and call me at your earliest convenience if you have questions
or need more infonnation. I look forward to speaking with you soon, and I especially look forward
to delivering a new Vactor to the City of Muskegon.




JJJ:ner
Date:      5/30/2001
To:        Honorable Mayor and City Commission
From:      Kelly Defrench, Public Works Supervisor
RE:        Budgeted Equpiment Purchase Portable Radios




SUMMARY OF REQUEST: Approval to purchase Eighteen Portable Radio
Units for Police/Fire and Twelve Portable Radio Units for DPW from Tele-Rad
Inc. of Muskegon at the price of$ 678.85 each.



BUDGETED-$ 21,000



FINANCIAL IMPACT: $20,365.50 EQUIPMENT FUND



BUDGET ACTION REQUIRED: None:



STAFF RECOMMENDATION: To Approve the purchase of 30 Portable Radio
Units from Tele-Rad Inc. for the price of $20,365.50
                                             Memorandum
To:    Robert Kuhn, Director of Public Works
From: Kelly De:french, Public Works Supervisor
Date: 6/1/2001
Re:    Budgeted Radio Replacement
                                                             {D
                                                              /


We have budgeted $21,000 for the purchase of 18 portable radios for Police/Fire,
and 12 portable radios for DPW. Tele-Rad of Muskegon has quoted a price of
$20,365.50 for the 30 Portable Units

Attached is a request for Commission approval of the budgeted radio replacements
for 2001. Again we are requesting to purchase Motorola brand equipment, due to
franchise sales territories Tel-Rad of Muskegon is able to provide the lowest price.

I have compared the prices to past purchases of this equipment and there is a small
increase on the portable units.

The State Contract did not bid anything comparable. Although other manufactures
do build comparable radios, we made a decision to go with Motorola radio
equipment in the past, and our goal is to maintain the same model radio in the fleet
so that we do not have any compatibility problems with other existing equipment.

The cmrnnt units continue to give us excellent service life, do to their high quality
and reliability. It is my recommendation that we continne to use this model to
remain compatible with the rest of our units.




                                    1
                                                                                                                             I
                                                                                                                       '
                                                   Tele-Rad, Inc.
                                                  1387 E. Laketon Ave.
                                                  Muskegon, Ml 49442
                                            (231) 726-3121 / (800) 968-7336
                                                  FAX: (231) 726-2923
                                                                                                        J     ~       '..J


                                                   QUOTATION
          Date,5-29-01                                             Quotation Number: MUS-01-1


          For: CITY OF MUSKEGON
               ATTN: DARRELL
               1350 E. KEATING AVE.
               MUSKEGON, MICHIGAN




          We are pleased to submit the following quotation:
          Job Description:       PORTABLE RADIO ( HT- 750 )

          EQUIPMENT AND ACCESSORIES:
          QTY      MODEL    DESCRIPTION                                                   PRICE             TOTAL


           1       HT-750   SIXTEEN CH., VHF, 5 WATT PORTABLE RADIO                        $641.23          $641.23

                            INCLUDES:
                            RAPID CHARGER
                            ffiGH CAPACITY NiMH BATTERY
                            VHF ANTENNA
                            BELT CLIP
                            TWO YEAR WARRANTY

                            OPTIONS: ( NOT INCLUDED IN PRICE)
                            EXTENDEDSERVICEPLAN(TOTAL3YEARS)                               ($28.00 'i
                            SPEAKER/MICROPHONE                                              !1:-63.00
                            iNTRINSICALLY SAFE ( OMIT STD. BATTERYI                         $57.00
                            EXTENDED SERVICE PLAN ( TOTAL 5 YEARS)                          $84.00



                                                                     Equipment and Accessories Total        $641.23

          LABOR:
          UNIT                             DESCRIPTION                                  CHARGES             TOTAL


                 PROGRAMMING FOR THE RADIOS AVAILABLE


                                                                                      Labor Total
          Prepared by:      Keith Johnson                                              Sub Total            $641,23
                            Sales Representative                                      Sales Tax         EXEMPT
                                                                            Shipping & Handling               $9.62
          Accepted by:                                                    Quotation Grand Total             $650.85


                                                                                                  ~~
                                                                                                            ~r-
                                                                                                '/~7iP
- TELE-RAD !NC. • 1387 E. Laketon, Suite #i • Muskegon, Ml 49442 • (231) 726-2825 • (800) 968-7336 -
          Commission Meeting Date: June 12, 2001




Date:      June 4, 2001
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department
RE:        Lakeshore Pathway- Kirksey Property


SUMMARY OF REQUEST: Due to complications on the title, the City is
unable to acquire the Kirksey Property directly for the Lakeshore
Pathway. Therefore, it is necessary to condemn the property. Offer
letters have been sent to all parties on the title commitment, with no
response. Thus, the City Commission is requested to proceed with
condemnation.

FINANCIAL IMPACT: The appraised value of the property is $60,000,
which will be paid for through the golfcourse proceeds.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached Resolution and
Declaration of Taking, and authorize the Mayor and Clerk to sign.

COMMITTEE RECOMMENDATION: None.
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN

                                   RESOLUTION NO. 2001-63 ( g)


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

The City Commission of the City of Muskegon hereby RESOLVES:

                                             Recitals

1.     The City of Muskegon is presently engaged in developing and acquiring a property
       located in Blocks 578 and 580 of the Revised Plat of 1903 of the City of Muskegon for
       the purpose of constructing a non-motorized vehicle and pedestrian path.

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

3.     The establishment of the said improvements at the said location will be advantageous to
       the development of the recreational, transportation and pedestrian needs and development
       of the City of Muskegon, and it is in the best interests of the City to establish the said
       improvements. Plans have been prepared and developed to sufficiently indicate the
       location of the improvements and their effect on the land to be acquired.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.     The City Commission hereby declares and determines that it is in the public interest and
       constitutes a public purpose to acquire the property set forth in Schedule A attached to
       this resolution for the purpose of acquiring sufficient land to construct the non-motorized
       vehicle and pedestrian path.

2.     The City Commission further declares and determines that it is necessary to construct the
       said improvements in Blocks 558 and 563 of the Revised Plat of the City of Muskegon,
       and the said improvements are necessary for the use and benefit of the public.

3.     It is further declared and determined that it is necessary to acquire and take the fee simple
       estate in real property, fully described in Schedule A, without the consent of the owners
       thereof, for the purpose of constructing the said improvements. The said described parcel
       is necessary for the use and benefit of the public and a good faith written offer to
       purchase said parcel has been made. The City Attorney is directed to institute
       condemnation proceedings against the owners and any other parties in interest in the said
       described parcel which has been deemed necessary for the acquisition and construction of
       the said improvements.


O:\PLANNINGICLARKEIWORD\LAKESHORE TRAIL.TAKING.DOC
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Declaration of Taking in the form attached to this resolution.

This resolution passed.


Ayes   Benedict, Nielsen, Schweifler , Shepherd, Sieradzki, Spataro, As l akson

Nays   None


                                                      CITY OF MUSKEG~
                                                      By   L O.
                                                      Gail A. Kundinger, CityClerk
                                                                                        .
                                        CERTIFICATE

     This resolution was adopted at a meeting of the City Commission, held on
  June ·12             , 2001. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.

                                                      CITY OF MUSKEGON

                                                      By~~~o=-=-~ ==:::::~~-
                                                      Gail A. Kundinger, City Clerk




O:IPLANNINGICLARKEIWORDILAKESHORE TRAIL.TAKING.DOC
                                         SCHEDULE A


       That part of Blocks 578 and 580 of the Revised Plat of 1903 of the City of Muskegon,
       described as commencing at the Southeast corner of Lot 4, Block 577 of said Revised
       Plat of 1903; thence South 88 degrees 40 minutes 42 seconds West along the No1ih right-
       of-way line of Western Avenue 847.60 feet; thence North 01 degree 31 minutes 57
       seconds West 256.10 feet; thence North 32 degrees 02 minutes 28 seconds East 47.00
       feet; thence North 55 degrees 40 minutes 08 seconds East 89.20 feet; thence North 35
       degrees 29 minutes 57 seconds West 127.65 feet; thence North 02 degrees 27 minutes 17
       seconds West 553.00 feet; thence South 55 degrees 37 minutes 53 seconds West 243.00
       feet; thence North 34 degrees 22 minutes 07 seconds West 235.92 feet to the point of
       beginuing; thence South 50 degrees 44 minutes 04 seconds West 329.75 feet; thence
       South 20 degrees 19 minutes 09 seconds West 96.30 feet; thence South 23 degrees 53
       minutes 54 seconds East 405.55 feet; thence North 34 degrees 34 minutes 00 seconds
       West along the Northeast line of"Lakeshore Yacht Harbor" as recorded in Liber 1290,
       Page 64 and amended in Liber 1295, Page 438, 86.43 feet; thence Nmih 23 degrees 53
       minutes 54 seconds West 327.11 feet; thence North 20 degrees 19 minutes 09 seconds
       East 107.14 feet; thence No1ih 50 degrees 44 minutes 04 seconds East 335.70 feet; thence
       South 33 degrees 32 minutes 57 seconds East 16.08 feet to the point ofbeginuing.




O:IPLANNINGICLARKEIWORDILAKESHORE TRAIL.TAKING.DOC
                                                 City of Muskegon
                                             Muskegon County, Michigan

                                            DECLARATION OF TAKJNG
                                                   2001-63(9)
Land in Blocks 578 and 580, City of Muskegon.

A statement of necessity has been made by the City Commission of the City of Muskegon setting forth that the
construction of a non-motorized vehicle and pedestrian path is necessary. As a result, it is necessary to acquire
certain property for said purpose, and a good faith written offer to purchase said parcels of property has heretofore
been made.

Therefore, by virtue of the authority vested in the City of Muskegon by law and constitution, and pursuant to 1980
PA 87, MCLA 213.51, MSA 8.265(1), it is now declared that by the filing of the Complaint and this Declaration in
the Circuit Court for the County of Muskegon, title to the property hereinafter described is taken in the name of the
City of Muskegon for the purpose of constructing a non-motorized vehicle and pedestrian path.

A description of the property taken sufficient for its identification, the names of the persons interested in said
property, so far as known, a statement of the estate or interest being taken, and statement of the sum of money
estimated by complainant to be just compensation for the part to be taken is as follows:

                                                   Legal Description

                                               See attached Schedule A
In addition a lease of the land between the above described_property and the shore of Muskegon Lake, as agreed
between Kirksey Investment Corporation and the City is taken, and the said acquisition of the property and the lease
is further subject to agreements previously made in a purchase agreement between the City and Kirksey.

Estate to be acquired: Fee Simple and the leasehold interest, subject to the provisions of the agreement dated
_ __ _ __ _ _ __ __, signed by Kirksey Investment Corporation and the City of Muskegon.

Owners and Interested Paiiies: Westran Corporation
                               Kirksey Investment Corporation
                               Terry Van Donkelaar, d/b/a Tervan Tooling
                               Old Kent Bank, a/k/a Old Kent Fifth-Third Bank
                               TIC United Corp.

Estimated Just Compensation: $60,000.00

Dated:   Juoe         11     ' 2001




O:\PLANNING\CLARKE\WORD\LAKESHORE TRAIL.TAKING.DOC
                                           AGENDA ITEM NO. _ _ _ __

                                   CITY COMMISSION MEETING      6/12/01


TO:              Honorable Mayor and City Commissioners

FROM:            Bryon L. Mazade, City Manager

DATE:            June 5, 2001

RE:              Quit-Claim Deed for Streets in Harbour Towne



SUMMARY OF REQUEST:

To approve a resolution to accept a quit-claim deed for streets and easements in the Harbour
Towne Condominium development.




FINANCIAL IMPACT:

None.




BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the resolution.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\OEPTMENT\ADMIN\AGNDAFRM
JMS - O: (QUIT-CLAIM DEEDS-HARBOURTOWNE)
. '




                              DEDICATION OF PUBLIC STREETS AND EASEMENTS
                                                                2001-63(i)
              John Darien Homes, Inc., a Michigan corporation, of 3430 Pigeon Hill, Muskegon,
      Michigan 49441, does hereby forever dedicate and set apart the use of the property described on
      attached Exhibit A ("Property"), for the use and enjoyment of the general public as public streets
      and as easements of the City of Muskegon. Further, the Property described in this Dedication is
      also dedicated by the City of Muskegon for use as public streets and easements, and, as
      acknowledged by both parties, to be owned by the City in fee simple as the result of a certain
      Quit-Claim Deed dated May 10, 2001. It is the intent of the parties that the said Property shall
      be used for streets and easements; but, in the event of the vacation or abandonment of any of the
      said public streets or easements, the City, being the remaining owner of the said Property, shall
      use the Property for any lawful purpose.

                    IN WITNESS WHEREOF the Grantor has caused this instrnment to be executed this
      c2Sl-6       day of Ju~ , 2001.

      WITNESSES:                                                             Grantor -




                                                                             And
                                                                                   - - -- - - - - - -- - - -


      STATE OF MICHIGAN
      COUNTY OF MUSKEGON

                The foregoing instrument was acknowledged before me this 2..5                         day of
      ~   ~ \'i          , 2001 by                          Ja/2o
                                                      ;2a,/ea                                                            and
               I
                                                   , respectively, for and   09= 0!-!N
                                                                                 .
                                                                                            ,,,;'A~ ~C.
                                                                                                            , President and



                                                                             Notary Public, Muskegon County, Michigan
                                                                             My commission expires: _ _ _ __ _ _
                                                                                                    JEANNE M. REElEOEW
                                                                                             f>!OTARV PUBLICMUSKEGON CO., Ml
                                                                                            MY COMMISSION 1:XPIRES Jun 25, 2004
      G :\edsi\Files\00 100\087202\D EDICA Tl\919483. DOC
                         ACCEPTANCE OF DEDICATION AND CONVEYANCE

        The dedication set forth above, and the conveyance from John Darien Homes, Inc., by
quit-claim deed, is hereby accepted by the City of Muskegon, Michigan

Date of acceptance: _ Ju-""--"''-!.n,_e..
                                      =-----'-
                                            / .:f?.
                                                 . .:,___ _, 2001

WITNESSES:                                                   CITY OF MUSKEGON

 ~da ~                                                       By     ~            ~
                                                             Fred lNielsenayor' /

                                                             And    ~ 0-~~~
                                                             Gail A . Kundinger, Its Clerk




STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was acknowledged before me this / flJ, day of Ju /1 e,,            ,
2001, by Fred J. Nielsen and Gail A. Kundinger, Mayor and Clerk, respectively, for and on
behalf of the CITY OF MUSKEGON.


                                                             Notary Public, Muskegon County, Michigan
                                                             My commission expires: 7 - c? S- - o -?,

Prepared by and when recorded return to:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621




G:\edsi\Files\00100\087202\DEDICATl\9I9483.DOC
                              LEGAL DESCRIPTION

                   EAST AND WEST HARBOUR TOWNE CIRCLE DRIVE
                           66-FOOT WIDE RIGHT-OF-WAY

A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC TO BE KNOWN AS HARBOUR
TOWNE DRIVE; LYING WITHIN THE PARCEL OF LAND COMMONLY KNOWN AS HARBOUR
TOWNE; BEING A PORTION OF BLOCK 742, BLOCK 740, BLOCK 737, BLOCK 749 AND BLOCK 751,
OF THE REVISED PLAT OF THE CITY OF MUSKEGON, AND ALSO INCLUDING LOTS 8-14, BLOCK
752, LOTS 1-5 AND 10-14 AND VACATED ALLEY ADJACENT THERETO, BLOCK 755, REVISED PLAT
OF THE CITY OF MUSKEGON, AND ALSO INCLUDING LOTS 8-14, BLOCK 756, CENTRAL LAND
COMPANY SUBDIVISION, LOTS 1-7, BLOCK 756 OF THE REVISED PLAT OF THE CITY OF
MUSKEGON, LOTS 8-10, BLOCK 762, CENTRAL LAND COMPANY SUBDIVISION NO. 1, LOTS 7-11,
BLOCK 751, LOTS 7-11, BLOCK 751, REVISED PLAT OF THE CITY OF MUSKEGON, ALL LYING
WITHIN SECTION 28, TOWN 10 NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON
COUNTY, MICHIGAN. SAID 66-FOOT WIDE RIGHT-OF-WAY LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTHWEST CORNER OF BLOCK 747 OF THE REVISED PLAT OF THE
CITY OF MUSKEGON;

THENCE SOUTH 84 DEGREES 05 MINUTES 58 SECONDS WEST ALONG THE WESTERLY
EXTENSION OF THE SOUTHERLY LINE OF FULTON STREET, A DISTANCE OF 49.65 FEET;

THENCE NORTH 33 DEGREES 31 MINUTES 25 SECONDS WEST ALONG THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF BLUFF STREET, A DISTANCE OF 38.76 FEET FOR THE POINT OF
BEGINNING. SAID POINT OF BEGINNING LYING SOUTH 31 DEGREES 02 MINUTES 08 SECONDS
WEST, A DISTANCE OF 52.14 FEET FROM THE CENTERLINE OF RELOCATED FULTON STREET.

FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE SOUTH 31 DEGREES 02 MINUTES
08 SECONDS WEST, A DISTANCE OF 135.73 FEET TO A POINT OF CURVATURE;

THENCE LONG A 513.97 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 216.73 FEET
TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF SOUTH 18 DEGREES 57 MINUTES 19 SECONDS WEST, 215.13 FEET;

THENCE SOUTH 06 DEGREES 52 MINUTES 30 SECONDS WEST, A DISTANCE OF 609.04 FEET TO
A POINT OF CURVATURE;

THENCE ALONG A 385.61 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 399.85
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 22 DEGREES 49 MINUTES 51 SECONDS EAST, 382.18 FEET;

THENCE SOUTH 52 DEGREES 31 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.07 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "B";

THENCE CONTINUING SOUTH 52 DEGREES 31 MINUTES 12 SECONDS EAST, A DISTANCE OF
94.93 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 405.21 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 51.01
FEET TO A POINT HEREINAFTER DESCRIBED AS POINT "C"; SAID CURVE HAVING A CHORD
BEARING AND DISTANCE OF SOUTH 48 DEGREES 55 MINUTES 47 SECONDS EAST, 50.98 FEET;

RECOMMENCING AT THE AFOREMENTIONED POINT OF CURVATURE, THENCE ALONG SAID
405.21 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 269.59 FEET TO THE POINT
OF TANGENCY OF SAID CURVE, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF
SOUTH 33 DEGREES 28 MINUTES 36 SECONDS EAST, 264.65 FEET;
                                                                           007-5/jnn
                                                                              5-2-0 I
                                                                                Page 1
THENCE SOUTH 14 DEGREES 25 MINUTES 00 SECONDS EAST, A DISTANCE OF 111.72 FEET TO
A POINT OF CURVATURE;

THENCE ALONG A 1161.51 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 218.67
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 19 DEGREES 48 MINUTES 36 SECONDS EAST, 218.35 FEET;

THENCE SOUTH 25 DEGREES 12 MINUTES 12 SECONDS EAST PARALLEL WITH THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF DEWEY STREET, A DISTANCE OF 304.19 FEET TO A
POINT OF CURVATURE;

THENCE ALONG A 298.26 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 337.20
FEET TO THE PINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 57 DEGREES 35 MINUTES 31 SECONDS EAST, 319.53 FEET;

THENCE SOUTH 89 DEGREES 58 MINUTES 46 SECONDS EAST PARALLEL WITH THE SOUTH
LINE OF BLOCK 737, REVISED PLAT OF THE CITY OF MUSKEGON, A DISTANCE OF 105.00 FEET
TO A POINT OF CURVATURE;

THENCE ALONG A 361.28 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 365.33
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 61 DEGREES 03 MINUTES 07 SECONDS EAST, 349.96 FEET;

THENCE NORTH 32 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.00 FEET TO A
POINT OF CURVATURE;

THENCE ALONG A 583.32 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 367.36
FEET TO A POINT OF REVERSE CURVATURE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF NORTH 14 DEGREES 02 MINUTES 30 SECONDS EAST, 361.32 FEET;

FROM SAID POINT OF REVERSE CURVATURE THENCE ALONG A 564.06 FOOT RADIUS TO THE
RIGHT, AN ARC DISTANCE OF 283.86 FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID
CURVE HAVING A CHORD BEARING AND DISTANCE OF NORTH 10 DEGREES 25 MINUTES 00
SECONDS EAST, 280.87 FEET;

THENCE NORTH 24 DEGREES 50 MINUTES 00 SECONDS EAST, A DISTANCE OF 106.16 FEET TO
A POINT OF CURVATURE;

THENCE ALONG A 344.70 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 69.98 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; SAID CURVE HAVING A CHORD
BEARING AND A DISTANCE OF NORTH 19 DEGREES 01 MINUTES 06 SECONDS EAST, 96.86
FEET;

RECOMMENCING AT THE AFOREMENTIONED POINT OF CURVATURE, THENCE ALONG SAID
344.70 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 138.12 FEET TO THE POINT
OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF
NORTH 13 DEGREES 21 MINUTES 15 SECONDS EAST, 137.20 FEET;

THENCE NORTH 01 DEGREES 52 MINUTES 29 SECONDS EAST, A DISTANCE OF 145.39 FEET TO
A POINT OF CURVATURE;

THENCE ALONG A 412.04 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 271.12
FEET TO THE POINT OF TANGENCY. SAID CURVE HAVING A CHORD BEARING AND DISTANCE
OF NORTH 16 DEGREES 58 MINUTES 32 SECONDS WEST 266.25 FEET;

THENCE NORTH 35 DEGREES 49 MINUTES 31 SECONDS WEST, A DISTANCE OF 5.82 FEET TO A
                                                                           007-5/jnn
                                                                              5-2-0 I
                                                                              Page 2
POINT HEREINAFTER REFERRED TO AS POINT "E";

THENCE CONTINUE NORTH 35 DEGREES 49 MINUTES 31 SECONDS WEST, A DISTANCE OF
77.10 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 271.01 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 222.59
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 59 DEGREES 21 MINUTES 15 SECONDS WEST, 216.38 FEET;

THENCE NORTH 82 DEGREES 53 MINUTES 01 SECONDS WEST, A DISTANCE OF 186.90 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS OF A 50 FOOT RADIUS CUL-DE-SAC.

                                PIGEON HILL COURT
                             A 66-FOOT RIGHT-OF-WAY

A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE AFOREMENTIONED POINT "E", THENCE SOUTH 54 DEGREES 55 MINUTES
29 SECONDS WEST, A DISTANCE OF 92.00 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 241.56 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 86.08
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 65 DEGREES 07 MINUTES 59 SECONDS WEST, 85.62 FEET;

THENCE SOUTH 75 DEGREES 20 MINUTES 29 SECONDS WEST, A DISTANCE OF 96.50 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC.


                               SAND DOCK COURT
                      SOUTHERLY CUL-DE-SAC EAST OF LAGOON
                            A 66-FOOT RIGHT-OF-WAY

A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING
AT THE AFOREMENTIONED POINT "D," THENCE NORTH 69 DEGREES 10 MINUTES 00 SECONDS
WEST, A DISTANCE OF 89.00 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 301.19 FOOT RADIUS CURVE TO THE LEFT, AN ARC DISTANCE OF 156.39
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 84 DEGREES 02 MINUTES 30 SECONDS WEST, 154.64 FEET;

THENCE SOUTH 81 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 91.00 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC.




                                                                          007-5/jrm
                                                                             5-2-0 I
                                                                             Page 3
                                  SANDBAR COURT
                            CUL-DE-SAC WEST OF LAGOON
                              A 66-FOOT RIGHT-OF-WAY

A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC LYING 33 FEET EACH SIDE, AS
MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE AFOREMENTIONED POINT "C," THENCE NORTH 41 DEGREES 27
MINUTES 48 SECONDS WEST, A DISTANCE OF 113.21 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 114.65 FOOT RADIUS TO THE LEFT, AN ARC DISTANCE OF 110.55 FEET TO
THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE OF NORTH 13 DEGREES 50 MINUTES 18 SECONDS WEST, 106.32 FEET;

THENCE NORTH 13 DEGREES 47 MINUTES 12 SECONDS WEST, A DISTANCE OF 30.00 FEET TO
THE TERMINUS POINT OF SAID CENTERLINE DESCRIPTION. SAID TERMINUS POINT ALSO
BEING THE RADIUS POINT OF A 50 FOOT RADIUS CUL-DE-SAC;

          DRAINAGE EASEMENT ON THE NORTH SIDE OF THE PROPOSED MARINA

AN EASEMENT BEING 20 FEET IN WIDTH FOR THE PURPOSES OF CONSTRUCTION AND
MAINTENANCE OF STORM SEWER AND PUBLIC UTILITIES LYING WITHIN SECTION 28, TOWN 10
NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN.          SAID
EASEMENT BEING 10.00 FEET LEFT OF AND 10.00 FEET RIGHT OF, AS MEASURED AT RIGHT
ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE;

COMMENCING AT A POINT BEING THE NORTHWEST CORNER OF BLOCK 747, 1903 REVISED
PLAT OF THE CITY OF MUSKEGON AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGON
COUNTY RECORDS, MUSKEGON COUNTY, MICHIGAN;

THENCE SOUTH 84 DEGREES 05 MINUTES 58 SECONDS WEST ALONG THE WESTERLY
EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF FULTON STREET, A DISTANCE OF
49.65 FEET;

THENCE NORTH 33 DEGREES 31 MINUTES 25 SECONDS WEST ALONG THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF BLUFF STREET, A DISTANCE OF 38.76 FEET;

THENCE SOUTH 31 DEGREES 02 MINUTES 08 SECONDS WEST, A DISTANCE OF 135.73 FEET TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT (SAID CURVE DATA BEING: DELTA= 21
DEGREES 09 MINUTES 38 SECONDS, R =513.97 FEET, ARC= 216.73 FEET, T =110.00 FEET, L.C.
= 215.13 FEET, L.C.B. = SOUTH 18 DEGREES 57 MINUTES 19 SECONDS WEST);

THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
216.73 FEET TO THE POINT OF TANGENCY OF SAID CURVE TO THE LEFT;

THENCE SOUTH 06 DEGREES 52 MINUTES 30 SECONDS WEST, A DISTANCE OF 187.15 FEET;

THENCE SOUTH 87 DEGREES 21 MINUTES 34 SECONDS EAST, A DISTANCE OF 33.09 FEET FOR
THE POINT OF BEGINNING.

SAID POINT OF BEGINNING BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST
HARBOUR TOWNE CIRCLE.

THENCE CONTINUE SOUTH 87 DEGREES 21 MINUTES 34 SECONDS EAST, A DISTANCE OF
100.00 FEET;
                                                                              007-5/jrm
                                                                                 5-2-01
                                                                                 Page 4
THENCE NORTH 67 DEGREES 38 MINUTES 26 SECONDS EAST, A DISTANCE OF 146.00 FEET TO
A POINT OF TERMINUS.

                            IN DIANA STREET EXTENSION

A 66-FOOT WIDE RIGHT-OF-WAY FOR THE USE OF THE PUBLIC BEING AN EXTENSION OF
IN DIANA STREET, LYING 33 FEET EACH SIDE, AS MEASURED AT RIGHT ANGLES, OF THE
FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE AFOREMENTIONED POINT "B" FOR THE POINT OF BEGINNING,

THENCE SOUTH 57 DEGREES 40 MINUTES 18 SECONDS WEST, A DISTANCE OF 44.45 FEET TO
A POINT OF CURVATURE;

THENCE ALONG AN 803.11 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 99.87
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF SOUTH 61 DEGREES 14 MINUTES 03 SECONDS WEST, 99.81 FEET, TO THE
TERMINUS POINT OF SAID CENTERLINE DESCRIPTION.

SAID TERMINUS POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF INDIANA STREET AS
PLATTED, AND LYING SOUTH 64 DEGREES 47 MINUTES 48 SECONDS WEST, A DISTANCE OF
413.50 FEET FROM A POINT ON THE CENTERLINE OF THE RIGHT-OF-WAY OF BEACH STREET.

ALSO EXCEPT:

COMMENCING AT THE NORTHWEST CORNER OF PLAT OF EDGEWATER SUBDIVISION , ALSO
BEING THE EAST LINE OF BLOCK 740, REVISED PLAT OF CITY OF MUSKEGON;

THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS WEST, PARALLEL WITH THE NORTH
LINE OF PLAT OF EDGEWATER, A DISTANCE OF 105.00 FEET;

THENCE SOUTH 01 DEGREES 52 MINUTES 29 SECONDS WEST, PARALLEL WITH THE WEST LINE
OF SAID PLAT OF EDGEWATER, A DISTANCE OF 130.00 FEET;

THENCE NORTH 88 DEGREES 07 MINUTES 31 SECONDS WEST, A DISTANCE OF 574.00 FEET;

THENCE NORTH 57 DEGREES 52 MINUTES 07 SECONDS WEST, A DISTANCE OF 18.02 FEET TO
THE POINT OF BEGINNING.

FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE SOUTH 20 DEGREES 22 MINUTES
29 SECONDS WEST, A DISTANCE OF 569.74 FEET;

THENCE NORTH 87 DEGREES 21 MINUTES 34 SECONDS WEST, A DISTANCE OF 725.50 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARBOUR TOWNE DRIVE;

THENCE ALONG A 352.61 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 39.86
FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 03 DEGREES 38 MINUTES 13 SECONDS EAST, 39.84 FEET;

THENCE NORTH 06 DEGREES 52 MINUTES 30 SECONDS EAST, A DISTANCE OF 609.L04 FEET TO
A POINT OF CURVATURE;

THENCE ALONG A 480.97 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 202.82
FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING
AND DISTANCE OF NORTH 18 DEGREES 57 MINUTES 19 SECONDS EAST, 201.32 FEET;
                                                                          007-5/jrm
                                                                             5-2-0 I
                                                                             Page 5
THENCE NORTH 31 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 120.03 FEET;

THENCE SOUTH 33 DEGREES 31 MINUTES 25 SECONDS EAST ALONG THE WESTERLY LINE OF
BLUFF STREET, A DISTANCE OF 81.14 FEET;

THENCE NORTH 84 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE EXTENDED NORTH
LINE OF LOT 5, BLOCK 747, A DISTANCE OF 266.15 FEET TO THE NORTHEAST CORNER OF SAID
LOT 5, BLOCK 747;

THENCE SOUTH 30 DEGREES 04 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID
BLOCK 747, A DISTANCE OF 105.01 FEET;

THENCE SOUTH 00 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 215.00 FEET;

THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS EAST PARALLEL WITH THE NORTH
LINE OF SAID PLAT OF EDGEWATER, A DISTANCE OF 210.00 FEET

THENCE SOUTH 57 DEGREES 52 MINUTES 07 SECONDS EAST, A DISTANCE OF 173.37 FEET TO
THE POINT OF BEGINNING.




                                                                            007-5/jrrn
                                                                               5-2-0 I
                                                                               Page 6
                                          QUIT-CLAIM DEED


The Grantor, JOHN DARIEN HOMES, INC., a Michigan corporation, of 3430 Pigeon Hill, Muskegon,
Michigan 49441, conveys and quit-claims to the CITY OF MUSKEGON, a municipal corporation, of993
Terrace, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon,
County of Muskegon and State of Michigan, to-wit:


                                          See attached Legal Description


     Subject to easements, restrictions, reservations and highways of record, if any.

     This deed is exempt from state and local transfer tax pursuant to MCL 207.505(a) and MCL
     207.526(a).


for the sum of: Less than One Hundred ($100.00) Dollars.



Dated this / O                 °'-_
                   day of _ _M__    ,____,2001.
                                    7
Signed in the Presence of:                                  Signed by:



                                                            JOHN DARIEN HOMES, INC., a Michigan
                                                            corporation


                                                            By:~£/,ri
                                                            /.Tofu;       Darien
                                                                                        cc::::? A.L...   \

                                                                    Its President
STATE OF MICHIGAN               )
                                     ss.
COUNTY OF MUSKEGON               )

The foregoing instrument was acknowledged before me this I CJ day of   \'I"- a._~       , 200 I, by
John Darien, the duly elected President, of JOHN DARIEN HOMES, INC., a Michgan corporation, on
behalf of the corporation.


                                                      ------"'------------' Notary Public
                                                      Muskegon County, Michigan
                                                      My commission expires: JEANNEM. REBEDEW
                                                                           NOTARY PUBUC MUSKEGON CO., Ml
                                                                          t{f( COMMISSION EXPIRES Jun 25, 2004

Subsequent tax bills to:   Grantee


DRAFTED BY AND RETURN TO:
David C. Jaunese
David C. Jaunese, P.C.
Attorneys at Law
2 East Main, P.O. Box 168
Fremont, Michigan 49412
231/924-6200




cm.\real-est\darienhomes.qc roads
                                                       .   . .-     --
                                       CITY OF MUSK;EGoN· · ·

                                        Resolution No~ 12001-63 ( i)

A Resolution acknowledging conveyance of title to certain property involved in public roads and
easements in the Harbour Towne Condominium developme_nt, and, further, accepting the
dedication of the said public roads, streets and easements.

                                                Recitals

        A       The Harbour Towne Condominium development was established.in 1992.

        B.      By a Grant and Assignment of Easement date June 9, 1992, John Darien Homes,
Inc., a Michigan corporation, assigned its interests in certain areasinvolving streets and
easements to the City of Muskegon for the purpose of constructing public roads and· installing
infrastructure, as well as operating drainage easements.

        C.       The said Assignor, John Darien Homes, Inc., has now quit-claimed afl its interest
and title to the City ofMus~egon in certain of the streets and drainage easements involved in the
original assignment.

     ·,. D. . The City of Muskegon deems it appropriate to accept the title conveyed and ·.·
further the cie~ic;ation made by the said Grantor, and to reserve its further rights·ajid title ~n the .
event the said properties are no longer used for streets or easements.           · · ·           · ·

 · - NOW,..THEREFORE, THE CITY COMMISSION OF THE CITY.OF MlJSKEGON
RESOLVES: · : ' . .                                       1_,. '.




       1.     That the conveyance of the streets and easements set'forth in the certain Quit-
Claim Deed dated May 10, 2001 , is hereby accepted. The legal description is set forth in
attached Exhibit A:

        2.     That the dedication of the streets and easements is hereby accepted and made by
the City of Muskegon in addition to the reservation of its rights as the owner of the said
properties by virtue of the said deed.

THIS RESOLUTION PASSED

AYES Benedict, Nielsen, Sc hwe ifler , Shepherd, Sieradzki, Spataro, Aslakson

NAYS None
      ~ - - - - - -- --------'---- - - - - - - - -

                                                           . CITY OF MUSKEGON
                                                        CERTIFICATE
                                                         200·1 -63 (i )
               STATE OF MICHIGAN
               COUNTY OF MUSKEGON


                       I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
               meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 12th day
               of            June                   , 2001, and that the minutes of the meeting are on file in the
               office of the City Clerk and are available to the public. Public notice of the meeting was given
               pursuantto and in compliance with Act 267, Public Acts of Michigan, 1976.



                                                                     ~o-L ~:r~
                                                                    Gail.A.Kundinger, City Cl




                            l




·   . .,-,,.
Date:       June 12, 2001
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Fireworks Display - Summer Celebration




SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is
requesting approval of a fireworks display for July 4, and July 8, 2001.
Fire Marshall Grabinski has reviewed the request and recommends
approval contingent on inspection of the fireworks and approval of the
insurance.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
                                                         2001 - 63(j)
                                                       PERMIT
                                    FOR FIREWORKS DISPLAY
                                        Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
                                           at the place listed below only.


  TYPE OF DISPLAY:                   (X)     PUBLIC DISPLAY                                 ( ) AGRICULTURAL PEST CONTROL


ISSUEDTO: Summit Pyrotechnics
NAME          Steven R. Frank l in, 2866 Vandenberg Road
ADDRESS                                                                       AGE




REPRESENTING             Summer Ce l e brati on
NAME OF ORGANIZATION, GROlJP, FIR.\f OR CORPORATION



ADDRESS



NUMBER & TYPES OF FIREWORKS:

       ·1200 - 3" arie l shel l s                                  350 - 6" ari el shel l s                                           25 - 12 11 ariel shells
        400 - 4" ariel shells                                       40 - 8" ar ie1 shells
        250 - 5" ariel she lls                                         24 - 10" arie1 shells

DISPLAY:        Barge - 800 1 N. of Heritage Landing Muskegon Lake
EXACT LOCATION
 City of Muskegon               July 4 & 8, 20o-l (Rain Date 7-5 & 9, 2001)                                                              10: 20p. m.
CITY, VILLAGE, TOWNSHIP                           DATE                                                      TIME



BOND OR rNSURANCE FILED:                       (X) YES                  ( ) NO                                      AMOUNT $1 , 000, 000.

[SSUED BY:
                          Issued by action of the           MUS KEGON CITY COMMISSION
                                                                            (coun<:i l, commiuion. board)
                           of the      CITY                            of        . MUSKEGON
                                           (city, v1lllge. towruhip)                   (name o(ciry. village, township)


                   on the _ _1~2~t~h____ day of




                                                                                    (s1~1rure .k posiuon of .:ounc:il. commis,iol\ or b,oud rcpresc-nutive)
            , JUN-06-2001                     13:37                                                                                                               P.02

    , Mo 3211.2- 611)
                                                                                      APPLICATION
                                                                          FOR FIREWORKS OISPLAY PERMIT                                           DATE OF APPLICATION
                                                                                 Act 358, P.A. 1968                                              rt\11.,
1, TYPt! OF DISF'L.A Y:                                                                                                   D     A9rie11lt11,al   Pest Control


                                                                                                                                                            AGf: Muat be .21 or over




3, PYROTECHNIC OPIRA TOR
                                                                                  AOOAESS                                                                   AG!!: l\lfust be 21 or ovar


     EX~ERll!.NClol
     NUMBliiR QF YiAR$                         NUMllf"       01' 0iS~LA YS

                                                             0-f-


     NAMES OF AS&lffANTG,
                                                                                  ADORES£!


     NAME                                                                         AODAESS                                                                   AGE



4, HON-RESIOENT APPLIC:,UIT
     NAME:

     N&fflll af 1Aict'lioa111 Aunrt'ley or Re$.lde nt Ag~nt                       ADDRESS                                                                   TELEPHONE NUM8eR



S, EXACT LOCATION OF PROPOSED DISPLAY




 6, NUMBl;R AHO ICIHDS OF 1'1 UWOIIIKS TO Bl OISPLAYED



                                                   I(               /(

                                                                                                                                                                   ,._;ti

                                   s-'' ·--·-····· -~ _'___'_(___________________~.. ., . , . . . .,. . . ,.,.........,~-
1--_.,....,_.'---"-""---------........

                                    (,/'                (I          , ,                                                                  JON O6 2UU I
                                                                                                                                ·--··- ----- - - - - - - - - - - - - t
                                         ,{             t(                                                                           Ci ty Clerks Otfice




                                                                          I Subi~CI la Ao,:irovsl o f Loc31 Fire Au1harities1
                                                                                   A. A.MOUNT OF BONO OR INSU~ANU
 1, FINANCIAL RESPONSIBILITY                                                           t to be $et by municic,tll itv l            $




                                                                                                                                                                TOTAL P . 02
            JUN-14-2001                 09:03                                                                                                                                                     P.01
                                                                                                                                                                                                ll'Tl«-m)
                                   CErc.11            ·ATE OF L!A ... ~LITY INSURANCE                                                                                                  I
  A(;DRDN
        052)~lJJ-7400
Oolliff lltc:. Iru,urance
                                                    r-    (~$2) S9l-74"
                                                                                       ,~                           ;Ma"
                                                                                       ONLY Nill CONl'alS NO RIGHT$ IJPOl,I Tiil, QRla-lOI.Te
                                                                                       HOUll!ll. TM!& CillTlflC,t.11£ DClU NOT AIIIND, l!ICTIND OR
                                                                                                                                                            ,_ ....       ·-
                                                                                                                                                                                                Of!O'/l001


6465 ~ t a Blvd, Ste, 650                                                              ALTeR TIIII; C(Wl!IIAGlt Al'FOltDID IIY Tiffi POUQD MI..OW,
5a111t Louis Pal'k, MN 55426                                                                                    INSURERS AFFORtlttlG COVIRAGE
 John Alltt1


                                                                                     -·
--          S-1t .,,....1:-,,,cs :Inc.                                               .......,.,.      *Tudor ll1surance
            Zl66 Vanclenllel'I Road
                                                                                     _.,
            MJj,sl(ep, Ill            4t«-4
                                                          .                          ..........
                                                                                     INKIRlfi! i•
                 '
  ,.--.

                                                              ___.
                           ff-lStl.~U5:~iQOW'ftAVS~lli~ .... ,...- ,-M11nii:ur-wc.:;r-P!(FOR1li6
  ANY R£QulAEMEIIT, TIMI OIi CQNCJTIOI-Htfl lM/ CONTRMT CltOTHEIICOCUM!lHTWl'lfl    P!CT'rO WH!ci<"'ll<t$C&RTU'ICI.T1! UAY 8 " - 0 R
  W,Y PelffN>I, THI 1 - , , . C E ~ D ll'('INiPOLI~ ilacllt!J(jl) HER&IN IS SueJICTTOALL THE TERMS, l!XCLUSION!I AND OONCITIONS OF stJCH

...
  J'OUCll,S. AGGREGA1E UMn'S SHO\W IIAY HAVE Bl!!EN REDUCB> BY PAID CtAIMS,
             1YNGftN8111:INC:E                                                       ·~                                    i .....
                                                                                                                                                                         1CA,Ta.,,,




      ~ I.WIIJTI'
       X    ~ OINiRALUUILITY
                                                 ~L000021'0-D91                     Oli/111/2001 06/111/2002                                     l'Mltt OCCIJlffl/CE
                                                                                                                                                 J!M~(Allv ...... '11)
                                                                                                                                                                                            ••          1 .000. I\Nl,I
                                                                                                                                                                                                                so-
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                                                                                                                                                  Mti»IOO' (Myar!I IJW,Klfl)
                                         QCOUR
A "'i'                                                                                                                                           ~~,IACVI~                                              1.000-
  .!. ss,.oao III/PD iieil                                                                                                                       GENERAL~ll:                                $           2     .ooo 11""'111
   Q4111.-'11!UMIT......,1;$..,.                                                                                                                  ~1a-~® I                                              1000~
  i7l'O~nm n . .e
      ,!--VfOIIMIIM.E WINI.ff'(
      .... _..,.o
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933 Terrace Street

                                              City of Muslt7e__g-oo
                       OFFICE 231-724-6705
MuskeAon, Ml 49440        FAX 231-724-4178




                                                C:h~1r1~~s; Offi~e;



                                             From:
Fax:                                         Pages :
Phone:                                       Date:
Re :                                         CC:

•   Urgent    •   For Review   •   Please Comment      •   Please Reply   •   Please Recycle



       I~~~!-
    ,~ r                              /JI~~ ~ ,
                                                T~/

                                                   ~
TO:          Honorable Mayor and City Commission

FROM:        Ken James, Affirmative Action Director

DATE:        June 4, 2001

RE:          Julia Hackley Intern wages, 2001

Summary of request:
To approve an increased wage matrix for the 2001 interns in the Julia Hackley
Internship program. An increased wage matrix will allow the City of Muskegon to
remain competitive at attracting and retaining qualified candidates. The current
wage matrix is $5.50 to $7.00 per hour. The proposed range or wage matrix is
$7.00 - $10.00 per hour (which is comparable to our other seasonal non-union
employees@ $7.00 to $14.30 per hour).

Financial Impact:
Any wage increases will come directly from the Julia Hackley funds allocated to
the City of Muskegon. The City has received $7,200.00 for 2001.

Budget Action Required:
None

Staff Recommendation:
Staff Recommends approval.

Committee Recommendation:
                               Julia Hackley Interns
                                    Wage Matrix



Job Title               Gd.I      Gd.2   Gd.3     Gd.4   Gd.5   Gd.6   Gd.7
(Current)
Julia Hackley Interns   5.50      5,75   6.00     6.25   6.50   6.75   7,00



(Proposed)
Julia Hackley Interns   7.00      7.50   8.00     8.50   9.00   9.50   10.00
         Commission Meeting Date:          June 12, 2001




Date:      6/5/01
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Selection of Painters for the City Paint Program


SUMMARY OF REQUEST: To have the Commission approve three (3)
selected paint contractors for this summers paint program through the
Community and Neighborhood Services dept. The selected contractors
are Orlando Brown, Ted Hill and Frank Wilkerson.           .a.oot _

FINANCIAL IMPACT: Expense will be covered through t ~ 0 0 2
CDBG Paint and Siding budget.                     ,~

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the selections

COMMITTEE RECOMMENDATION: N/A
                               2001

                         PAINT PROGRAM

                         COMPENSATION

HOUSE


TRIM


SINGLE STORY              $370.00

STORY AND ONE-HALF        $490.00

RANCH                     $490.00

TWO STORY                $620.00


COMPLETE


SINGLE STORY             $735.00

STORY AND ONE-HALF       $980.00

RANCH                    $980.00

TWO STORY                $1,245.00

TWO AND ONE-HALF STORY   $1,675.00


GARAGE


TRIM


DETACHED GARAGE          $100.00


COMPLETE

DETACHED GARAGE          $185.00
(ONE STALL)

DETACHED GARAGE          $220.00
(TWO STALL)

SHED                     $100.00
                                       AGENDA ITEM NO. _ _ _ __

                              CITY COMMISSION MEETING     May 22, 2001


TO:              Honorable Mayor and City Commissioners

FROM:            Bryon L. Mazade, City Manager

DATE:           May 8, 2001

RE:              Donation Request from Miss Michigan Scholarship Program


SUMMARY OF REQUEST:

To consider a request from the Miss Michigan Scholarship Program for a $10,000 cash donation
for scholarships for competing contestants.



FINANCIAL IMPACT:

$10,000.00



BUDGET ACTION REQUIRED:

Budget amendment would be required if request is approved.




STAFF RECOMMENDATION:

To deny the request and consider funding for 2002 budget year.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\ADM!N\AGNDAFRM
JMS- 0: (MISS MICH SCHOLARSHIP FUNDS
                               cJ/11_ iH cJ/11_ ichig an
                              SCHOLARSHIP PROGRAM
                                5154 McDowell• Muskegon, Ml 49441
                                (231) 798-4272 • FAX (231) 799-9046
                                           missmichigan.org
April 25, 2001

Mayor Fred Nielson
City of Muskegon
933 Terrace
Muskegon, MI 494lf-O

Dear Mayor Nielsen,

       For the past 52 years, the Miss Michigan Scholarship Pageant has been a fixture in downtown
Muskegon. Our franchise with the Miss America Organization is reviewed yearly and evaluated partly
on community support, financial contribution, and media exposure. The Miss Michigan Scholarship
Pageant Inc. is a non-profit 501C(4) corporation and our tax ID number is 38-1753186. Our
fundraisers, along with generous sponsor support have enabled us to consistently be among the top
10 states in the Nation for scholarship awards. Over the last two years, the Miss Michigan
Scholarship Program has awarded scholarships in excess of $105,000.00 to its competing contestants
from across the state of Michigan.

       In order to continue awarding scholarships at this level, and secure our Muskegon franchise
with the Miss America Organization, the Miss Michigan Scholarship Program needs the City of
Muskegon's financial support. I am petitioning to the City of Muskegon for a $10,000.00 cash
donation to the Miss Michigan Scholarship Pageant, Inc. This donation would be deposited into our
Scholarship Fund and dispersed to the 2001 competing contestants.

       I would like the opportunity to meet with you, at your convenience, to discuss our request
and more fully describe the Miss Michigan Scholarship Program. I will follow up, via phone, within
the next week. Thank you in advance for your consideration.



&1; AA)
Polly Doctor
State Executive Director

Cc:    Ric Scott, Director of Leisure Services
       Bryon Mazade, City Manager                                    RECE\VED·
                                                                            APR 2 7 2001
                                                                             M,US KEGON
                                                                          cr.tY. JJI.ANAGEl!'S

                                                                   L--------    Of~lC~
Date:     May 25, 2001
To:       Honorable ~;')'Pr ~d City Commissioners
From:     Ric Scott   1/'r!Zt-D
RE:       Pere Marquette RFP


SUMMARY OF REQUEST:
To authorize staff to prepare and send out a Request For
Proposals for limited commercial development of Pere
Marquette Park


FINANCIAL IMPACT:
Unknown


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends Approval
Affirmative Acllon
231 /724-6703
FAX/722- 121-1

Assessor
23 1/724-6708
FAX/726-5 181

Cemetery
23 l /724-6783
FAX/726-5617

Clvll Service
231/724-6716
FAX/724-4405                                          West Michigan's Shol'ellne City
C lerk
                      Date:          May 25 , 2001
23 I /724-6705
FAX/724-4178          To:            Honorable 1:'~             and City Commissioners
Comm. & Neigh.
   Services
                      From :         Ric Scott       ,(r~✓
231/724-6717          Re :           Pere Marquette RFP
FAX/726-250 I

Engineering
                      City staff has been approached about the possible
23 l /724-6707        commercial development of the ovals at Pere Marquette
FAX/727-6904
                      Park. The City commission requested that the Leisure
Finance               Services Boar d review the matter and submit a
23 1/724-67[3
FAX/724-6768          recommendation to the Commission. At their meeting on
                      Monday, May 21 , the Board recommended that an RFP be
Flrc Dept.
23 l /724-6792        prepared and sent out.
FAX/724- 6985
                      One question that has been raised is the possible
Income Tax
23 I /724-6770        difference between the Recreation master plan developed
FAX/724-6768          for the park by a committee in 1988 and the current
Info. Systems         Master Land Use plan. The Recreation Plan provides for
231/724-6744          10, 000-sq. ft . of retail space and an adventure golf
FAX/722-4301
                      course. The Master Land use p l an suggests that
Lelsu re Service
23 l /724-6704
                      permanent commercial development be restricted along the
FAX1724-1 196         beach. It further suggests that the city "consider the
Manager's Office
                      restrictive leasing of limited , seasonal, space to
23 l /724-6724        venders who utilize portable trailers which may be
FAX/722- 1214
                      positioned and removed on a daily basis".
Mayor's Office
23 I /724-670 I       I do not believe that setting up a " trailer park" on the
FAX/722- 1214         beach is a good idea . However, I do agree that any
Inspection Services   permanent commercial development within Pere Marquette
231/724-6715
FAX/726-250 I
                      Park should be restricted . The City Commission has the
                      ability to restrict any development that might be
Plnnnlng/Zonlng
23 I /724-6702
                      proposed through the RFP process.
FAX/724-6790
                      Consequently, I would recommend that an RFP be prepared
Police De1it.         and sent out. The City Commission always has the
231/724-6750
FAX/722-5140          authority to reject all of the proposals, or to
Public Works
                      negotiate some portion of one of the proposals . While a
231/724-4100          lot of people would choose to make no changes to Pere
FAX/722-4188
                      Marquette, there might be some very positive changes
Trcnsurcr             that could be made , if we are at least open to the
231/724-6720
FAX/724-6768          possibilities .
Water Dllllng Dept.   Thank you for your consideration.
231/724-6718
I'AX/724-6768

W a ter Flllratlon
23 1/724-4106
I'AX/755-5290


                             City of Muskegon, 933 Tel'race Stl'eet, P.O. Box 536, Muskegon, MI 49443-0536
Date:       June 12, 2001
To:         Honorable Mayor and City Commissioners
From:       Bryon Mazade, City Manager
RE:         Cross Lake Ferry Committee (Tabled from May
            22, 2001 Meeting)




SUMMARY OF REQUEST: A request was made to appoint two
members of the City Commission to a committee to work on the Cross
Lake Ferry project. There is currently a local work group made up of city
staff and several other local agencies meeting together to work on this
project. It is not necessary at this time to appoint two Commissioners to
the work group.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To not appoint two Commissioners to
the Cross Lake Ferry committee at this time.
Date:        June 12, 2001

To:       Honorable Mayor and City Commissioners

From:         Finance Director

RE:       ODA Bond Refunding - Parameters Resolution



SUMMARY OF REQUEST: The City Commission has previously adopted a
resolution authorizing issuance of ODA "refunding" bonds. The second Commission action
required in the refunding process is adoption of the attached "parameters resolution" which
sets forth specific procedures and terms for selling the bonds and authorizes staff to
undertake specific actions to accomplish the sale. A third City Commission action will be
required in coming weeks to approve the actual sale of bonds.


FINANCIAL IMPACT: If the refunding is completed, interest savings (on a net present
value basis) are projected to be $1,525,000. This will help free up ODA tax increment dollars
for use on other downtown projects.

BUDGET ACTION REQUIRED: None at this time. Once bonds are sold, debt
service will be paid by DOA tax increments over the life of the bonds (18 years).

STAFF RECOMMENDATION: Approval of the attached resolution.

COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.




9/18/97
Founded in 1852                                                                                MIC HIG AN : Ann Arbor
OY. Sidney Davy Miller

Sidney T. Miller (1864-1940)
                                            MILLER                                            Detroit • Grand Rapids
                                                                                                Howell• Kalamazoo
                                                                                            Lansing • Monroe • Troy
George L. Canfield ( 1866-1928)
Lewis H. Paddock (1866-1935)
Ferris D. Stone (1882-1945)
                                            CANFIELD
                                             MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
                                                                                                    New York, N.Y.
                                                                                                  Washington, D.C.
                                                                                                    POLAND: Gdynia
                                                                                                 Katowice • Warsaw

                                                  150 West Jefferson, Suite 2500                  AFFILIATED OFFICE:

                                                    Detroit, Michigan 48226                            Pensacola, FL
JOELL. PIELL
TEL: (313) 496-7518                                   TEL: (313) 963-6420
FAX: (313) 496-8450                                   FAX: (313) 496-7500
E-MAIL: 1>iell@millercanlicld.com
                                                    www.millercanfield.com


                                                         May 25, 2001
         Mr. Timothy J. Paul
         Finance Director
         City of Muskegon
         933 Terrace St
         PO Box 536
         Muskegon,MI 49443-0536

         Dear Tim:

               Please find herewith enclosed a copy of the "parameters resolution" respecting the
         DDA refunding bonds. I would ask you to review this and if it meets with your approval,
         submit same to the City Commission for its consideration.

                 I am sending you a diskette of the resolution in the hope that it may prove of some
          benefit to the City Clerk.

                It is my understanding that the resolution will be considered by the City Council at
         its meeting scheduled for June 12th . Assuming that the resolution is adopted, I would ask
         that you return three certified copies of same to me after its adoption. ,f-(' 17/ Nuu:. -- Pkwx.-W4 ,<

                I understand W anen has furnished you with an application to the Municipal
         Finance Division. I would also ask that an executed copy of the resolution be returned to
         me so that I may file the application with the Municipal Finance Division.

                                            Very truly yo:w s,




         Enclosure (wldisk)
         cc:   Mr. Warren M. Creamer, III (w/enclosure)
          DELIB :22373 11 .1\063684-00024
                                          City of Muskegon
                                County of Muskegon, State of Michigan


                        Resolution Authorizing 2001 Downtown Development
                         Refunding Bonds (General Obligation Limited Tax)
                                             2001-66(a)

        Minutes of a regular meeting of the City Commission of the City of Muskegon, County

of Muskegon, State of Michigan, held on June 12, 2001, at 5:30 p.m., Eastern Daylight Savings

Time.

PRESENT:       Commissioners          Benedict, Nielsen, Shepherd, Sieradzki,

                                      Spataro, and Aslakson




ABSENT:        Commissioners _ _,,S"'c-'-'hw,,_e,,_1'-f_,l-"e"-r
                                                      '·         _ _ _ _ _ _ _ _ _ _ _ _ _ __

        The following preamble and resolution were offered by Commissioner

-~A=s~la=k=s=o~n_ _ _ _ _ and supported by Commissioner -~Scci.sereca,,_,d,_,2,_.,k'-'-i_ _ _ __

        WHEREAS, the Downtown Development Authority of the City of Muskegon, County of

Muskegon (the "Authority") issued its 1989 Downtown Development Limited Obligation Tax

Increment Bonds, Series A-1 Bonds dated as of August 30, 1990, in the original principal

amount of $4,100,000 and its 1989 Downtown Development Limited Obligation Tax Increment

Bonds, Series D-1 dated as if August 30, 1990, in the original principal amount of$1,920,000

(together the "Prior Bonds"), under the provisions of Act 197, Public Acts of Michigan, 1975, as

amended, for the purpose of financing the costs of renovating, redeveloping, and expanding the

Downtown Muskegon Mall; and

        WHEREAS, the Prior Bonds are presently outstanding; and
               WHEREAS, interest rates have declined to a level such that it is advantageous for the

      City to issue its bonds and refund all or a portion of the Prior Bonds; and

               WHEREAS, the City Commission has previously adopted a resolution pledging the

      City's limited tax full faith and credit as secondary security for any refunding bonds issued to

      refund the Prior Bonds; and

             WHEREAS, it is the determination of the City Commission that at this time that

      refunding bonds in the principal amount of not to exceed Four Million Five Hundred Thousand

      Dollars ($4,500,000) should be issued for the purpose of refunding all or a portion of the Prior

      Bonds;
u
~            AND WHEREAS, prior to the issuance of the Refunding Bonds the City must secure the
'ii
~
a
~     approval of the Michigan Department of Treasury (the "Department") for the issuance of the
i
~     bonds and secure certain waivers from the Department.
~
~            NOW, THEREFORE, BE IT RESOLVED THAT:
"~
~
           1.        Bonds of the Issuer designated 2001 Downtown Development Refunding Bonds,

      (General Obligation Limited Tax) (the "Refunding Bonds") are authorized to be issued in the

      aggregate principal sum of not to exceed Four Million Five Hundred Thousand Dollars

      ($4,500,000) or such lesser amount as shall be approved by this Commission upon receipt of a

      final offer to purchase the Refunding Bonds. The Refunding Bonds shall be issued for the

      purpose of paying part of the cost of refunding the Prior Bonds, including the costs incidental to

      the issuance, sale and delivery of the Refunding Bonds. The Refunding Bonds shall consist of

      bonds in fully-registered form of the denomination of $5,000, or multiples thereof not exceeding

      for each maturity the maximum principal amount of that maturity, numbered consecutively in



                                                      -2-
order of registration and dated as of July 1, 2001 or such other date as may be determined by this

Commission. The Refunding Bonds shall bear interest, and be payable at the times and in the

manner set forth in a bond purchase agreement (the "Agreement") respecting the purchase of

such Refunding Bonds.

       The Refunding Bonds may be subject to redemption prior to maturity as set forth in the

Agreement.

       Interest shall be payable to the registered owner of record as of the 15th day of the month

prior to the payment date for each interest payment. The record date of determination of

registered owner for purposes of payment of interest as provided in this paragraph may be

changed by the Issuer to conform to market practice in the future. Interest shall be payable by

check or draft drawn on the Transfer Agent (as hereinafter defined) mailed to the registered

owner at the registered address, as shown on the registration books of the Issuer maintained by

the Transfer Agent. The principal of the Bonds shall be payable upon presentation and

surrender to the Transfer Agent.

           The City Finance Director is hereby authorized to select a bank or trust company

located in the State of Michigan to serve as bond registrar, paying agent and transfer agent (the

"Transfer Agent") for this issue. The Issuer reserves the right to replace the Transfer Agent at

any time upon written notice to the registered owners of record of the Bonds not less than sixty

(60) days prior to an interest payment date.

     2.       The City Finance Director is hereby authorized to solicit proposals from

underwriting and financial firms respecting the purchase of the Refunding Bonds and to select

an underwriter for the bonds. The terms and conditions of the purchase of the Refunding Bonds,



                                               -3-
     including the Underwriter's compensation shall be as set forth in the Agreement which shall be

     approved by this Commission.

          3.       The Refunding Bonds shall be executed in the name of the City with the facsimile

     signatures of the Mayor and City Clerk shall have the seal of the City, or a facsimile thereof,

     printed or impressed on the Bonds. No Bond shall be valid until authenticated by an authorized

     officer or representative of the Transfer Agent. The Refunding Bonds shall be delivered to the

     Transfer Agent for authentication and be delivered by the Transfer Agent to the purchaser or

     other person in accordance with instructions from the City Clerk or Treasurer upon payment of

     the purchase price for the Refunding Bonds in accordance with the Agreement.
~
~
w         4.       The Transfer Agent shall keep the books of registration for this issue on behalf of
z
~D
     the City. Any Bond may be transferred upon such registration books by the registered owner of
"
Ii
8
~    record, in person or by the registered owner's duly authorized attorney, upon surrender of the
~-
~    Bond for cancellation, accompanied by delivery of a duly executed written instiument of
~
~
     transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds shall be

     surrendered for transfer, the City shall execute and the Transfer Agent shall authenticate and

     deliver a new Bond or Bonds, for like aggregate principal amount. The Transfer Agent shall

     require the payment by the bondholder requesting the transfer of any tax or other governmental

     charge required to be paid with respect to the transfer.

           Unless waived by any registered owner of Bonds to be redeemed, official notice of

     redemption shall be given by the Transfer Agent on behalf of the City. Such notice shall be

     dated and shall contain at a minimum the following information: original issue date; maturity

     dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial



                                                     -4-
      redemption) the called amounts of each certificate; the place where the Bonds called for

      redemption are to be surrendered for payment; and that interest on the Bonds or portions thereof

      called for redemption shall cease to accrue from and after the redemption date.

                In addition, further notice shall be given by the Transfer Agent in such manner as may be

      required or suggested by regulations or market practice at the applicable time, but no defect in

      such further notice nor any failure to give all or any portion of such further notice shall in any

      manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed

      herein.

           5.         The Refunding Bonds may be issued in book-entry-only form through The
0
_j

~     Depository Trust Company in New York, New York.
~
0
~          6.         The City Finance Director be and is hereby authorized to select an escrow agent

i
g
      (the "Agent") for the Refunding Bonds and negotiate an escrow agreement with the Agent for

~     review and approval by this Commission.
,"~
           7.         The proceeds of the Refunding Bonds shall be used to pay the costs of issuance of

      the Refunding Bonds and to secure payment of the Prior Bonds as provided in this section.

      Upon receipt of the proceeds of the Refunding Bonds, the accrued interest and premium, if any,

      shall be deposited in the Debt Retirement Fund established for the Refunding Bonds. From the

      proceeds of the Refunding Bonds there shall next be set aside a sum sufficient, together with

      other funds of the City to be allocated therefor, to effect the redemption of the Prior Bonds in the

      manner set forth in the resolution to be adopted to approve the Agreement (the "Sales

      Resolution"). The balance of the proceeds of the Refunding Bonds together with any other funds

      supplied by the City shall be used to pay the costs of the issuance of the Refunding Bonds. Any



                                                       -5-
     amounts remaining from the proceeds of the Refunding Bonds after payment of issuance

     expenses shall be transferred to the Debt Retirement Fund for the Refunding Bonds.

            The balance of the proceeds of the Refunding Bonds together with any moneys

     transferred by the City at the time of sale of the Refunding Bonds from the debt retirement

     funds for the Prior Bonds including the Remarketed Bonds Accounts, the Reserve Funds, and

     the Mandatory Purchase Sinking Funds established for the Prior Bonds and any other available

     funds of the City, shall be invested in direct obligations of or obligations the principal of and

     interest on which are unconditionally guaranteed by the United States of America or other

     obligations the principal of and interest on which are fully secured by the foregoing (the

     "Escrow Funds") and used to pay principal, interest and redemption premiums on the Prior
Ii Bonds. The Escrow Funds shall be held by the Agent pursuant to an escrow agreement which
~
~    shall irrevocably direct the Agent to take all necessary steps to call any Prior Bonds specified by
~-
~
z
5    the City upon sale of the Refunding Bonds for redemption, including publication and mailing of
g
~
     redemption notices. The investment held in the Escrow Funds shall be such that the principal

     and interest payments received thereon will be sufficient, without reinvestment, to pay the

     principal, interest and redemption premiums on the P1ior Bonds as they become due by maturity

     or redemption. Following establishment of the Escrow Funds, any amounts remaining in the

     debt retirement funds for the Prior Bonds shall be transferred to the Debt Retirement Fund

     established for the Refunding Bonds.

          8.       The City Clerk and Finance Director are each authorized to make application to

     the Department for an order approving issuance and sale of the Refunding Bonds and the

     necessary waivers to negotiate the sale of the Refunding Bonds including waiver of notice of



                                                     -6-
sale and good faith deposit.

      9.        The City shall not invest, reinvest or accumulate any moneys deemed to be

proceeds of the Refunding Bonds pursuant to Sections 103(a) and 148 of the Internal Revenue

Code of 1986, as amended, and the applicable regulations thereunder, in such a manner as to

cause the Refunding Bonds to be "arbitrage bonds" within the meaning of said Sections 103(a)

and 148 and the applicable regulations thereunder.

    10.         The City Finance Director is authorized to approve circulation of a Preliminary

Official Statement describing the Refunding Bonds.

    11.         The officers, agents and employees of the City are authorized to take all other

actions necessary and convenient to facilitate sale of the Refunding Bonds, including, if

desirable, obtaining a policy of municipal bond insurance to secure the Refunding Bonds.

    12.         The City hereby covenants that, to the extent permitted by law, it shall take all

actions within its control necessary to maintain the exemption of the interest on the Bonds from

general federal income taxation (as opposed to alternative minimum or other indirect taxation)

under the Internal Revenue Code of 1986, as amended (the "Code") including but not limited to,

actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and

investment of bond proceeds and moneys deemed to be bond proceeds.

    13.         The improvements financed with the proceeds of the Prior Bonds have an

estimated remaining usable life of not less than twenty (20) years.

          14. The City hereby designates the Refunding Bonds as "qualified tax exempt

obligations" within the meaning of the Code for purposes of deduction of interest expense by

financial institutions.



                                                  -7-
            15.       Defeasance. In the event cash or direct obligations of the United States or

        obligations the principal of and interest on which are guaranteed by the United States, or a

        combination thereof, the principal of and interest on which, without reinvestment, come due at

        times and in amounts sufficient to pay at maturity or irrevocable call for earlier options

        redemption, the principal of, premium, if any, and interest on the Refunding Bonds, shall be

        deposited in trust, this Resolution shall be defeased and the owners of the bonds shall have no

        further rights under this Resolution except to receive payment of the principal of, premium, if

        any, and interest on the bonds from the cash or securities deposited in trust and the interest and

        gains thereon and to transfer and exchange bonds as provided herein.
(.)
...J
a:                    Disclosure. The City covenants it shall comply with the requirements of Rule
ui
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            16.
~
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<(      15c2-12 of the Securities and Exchange Commission regarding continuing disclosure as shall be
a
""a.§
        more fully set forth in the Sales Resolution.
~
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cS          17.       All resolutions and parts of resolutions insofar as they conflict with the provisions
ci
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~ · of this resolution be and the same hereby are rescinded.

        AYES:         Commissioners          Benedict, Nielsen, Shepherd, Sieradzki,

                                             Spataro, and Aslakson

        NAYS:         Commissioners          None
                                       ___;c:..::...;_:...::__   _ _ _ _ _ _ _ __ _ _ _ __ __




        RESOLUTION DECLARED ADOPTED.


                                                                  ~         Q-~ -
                                                                            City Clerk   °tf=?




                                                                      -8-
                I hereby certify that the foregoing is a true and complete copy of a resolution adopted by

       the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a

       regular meeting held on June 12, 2001, and that said meeting was conducted and public notice of

      said meeting was given pursuant to and in full compliance with the Open Meetings Act, being

      · Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will

      be or have been made available as required by said Act.           . /          _

                                                        L         Q
                                                        ~ C i t y Clerk
                                                                        ~a,w
(.)
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a.:   DELIB: 1402058. l \063684-00024
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                                                       -9-
           Commission Meeting Date:           June 12, 2001




  Date:      6/5/01
  To:        Honorable Mayor & City Commission
  From:      Community and Neighborhood Services
             Department
  RE:        Selection of Contractor for New Construction at
             1706Jarman


  SUMMARY OF REQUEST: To select Nobles Inc. with Mark Thompson
  as the general contractor to construct a designated house at the city-
  owned tax-reverted site at 1706 Jarman under - Operation Phoenix.
  The city received three bids (see attached) with Nobles Inc being the
  lowest at $111,000. Once the house is completed the City of Muskegon
  will sale the home to a qualified homebuyer in association with one of
  the City's Community Housing Development Organizations.


?_c~~
  FINAtllG!AL IMPACT: Funding will be allocated from HOME budget


  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the awarding of the contract
  to Nobles Inc. to construct the house under project Operation Phoenix.

  COMMITTEE RECOMMENDATION: N/A
                          Operation Phoenix

Final Results of bids for the construction of house at 1706 Jarman:


I. Nobles Inc.                                            $111,000

2. Success Enterprise/Success Builders                    $121,750

3. Top Notch Design Contractors                           $124,652
          Commission Meeting Date:             June 12, 2001




Date:       June 5, 2001
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Disclosure of Potential Conflict of Interest Under
            CDBG Community Development Block Grant
            Program


SUMMARY OF REQUEST:               Under Community Development Block
Grant regulations, potential conflicts of interest must be disclosed to the
public prior to requesting a waiver from HUD. Michael & Evelyn Brown
of 297 Washington, have applied for CDBG assistance under the City's
Emergency Roof Program. They are the daughter and son-in-law of
Clara Shepherd,       a City Commissioner.         The City Attorney has
determined that no conflict of interest is present in this case; however,
this must be disclosed to the public before any further action can be
taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the City's Community
and Neighborhood Services Dept, to submit the waiver of conflict of
interest to the U.S. Department of Housing and Urban Development.
COMMITTEE RECOMMENDATION: Not Applicable
 Affirmallve Acllon
 (231)724-6703
 FAX: (231)722-12'14
                                                                   MUSKEGON
 Auenor/Equallzatlon
 (231)724-6708
 FAX: (231)726-5181

 Cemetery Department
 (231)724-6783
 FAX: (231)716-5617

 ClryManaa;tr
 {23 I )724-6724
 FAX: (231)722-1214
                                                                   West Michigan's Shoreline City

 ClvUSen1ce
 (23 I )724-6716
 FAX: (231)714-4405

 Clerk                 April 18, 200 I
 (231)724-6705
 FAX: (231)714-4178
                       Mr. John Schrier
 Community and         Pannenter, O'Toole
  Neigh. Servlcu
 (231)724-6717
                       P.O. Box786
 FAX: (131)726-2501    Muskegon, Mi 49443-0786
 Computer Info.
  <Systems             Dear Mr. Schrier:
(231)724-6744
FAX: (231)722-4301     I am requesting a legal opinion regarding a potential conflict of interest under the Community Development
Engineering Dept,      Emergency Program. Under CDBG regulations, if the potential for conflict exists related to the use of
(231)724-6707          grand funds, the City must request a waiver of federal Conflict of Interest policies from HUD. Prior to
FAX: (231)727~904      requesting such a waiver, we must obtain a legal opinion which supports the waiver, and the potential
Ftnance Dept.
                       conflict must be publicly disclosed.
(231)724-6713
FAX: (231)724-6768     The CNS Department has received an application for an emergency roof from Michael D. & Evelyn J.
                       Brown of 297 Washington. They are the daughter and son-in-law of Clara Shepherd, City Commissioner.
Ftre Department
(231)724-6792          Because the applicant is a family member of a commissioner, this falls under the Conflict oflnterest
FAX: (231)724-6985     policy.
Income Tu:
(231)724-6770          It is staff's position that this application merits a waiver of the Conflict of Interest provisions for the
FAX; (231)724-6768     following reasons:
Inspection Services
(231)724-6715
                                I.   Michael & Evelyn Brown are low-income homeowners who qualify for CDBG assistance.
FAX: (231)728-4371                   Without CDBG assistance Mr. & Mrs. Brown would be unable to replace their roof which
                                     is leaking and causing damage to the inside of the home. This would be an undue burden on
Leisure Sen1ces
(231)724-6704
                                     Mr. & Mrs. Brown which is contrary to the intent of the CDBG program. The Brown's have
FAX: (131)724-1196                   otherwise met all of the requirements of the program.
Mayor's Office
(131)724-6701
                                2.   Michael & Evelyn Brown are an independent household, therefore, Commissioner Shepherd
FAX: (231)722-1214                   will not benefit directly or indirectly from any CDBG assistance provided to her daughter's
                                     household
Planning/Zoning
(231)724-6702
FAX: (231)724-6790     Based on your opinion, I will notify the Brown's about proceeding with public disclosure.
Police Deptartment     Thank you for your assistance.
(231)724-6750
FAX: (231)721-5140
                       Sincerely,
Public Works Dept.
(231)714-4100
FAX: (131)712-4188
                       Uw.,_t«-' </)~
                       Ardyce Halen
TreHurer's Office      Housing Counselor
(131)724-6710
FAX: (231)724-6768
                       Community & Neighborhood Services

W•ter Bllllna Dept,
(231)714~7l8
FAX: (131)714-6768

W•ter Filtration
(13 I )714-4106
FAX: (231)7SS-Sl90
                                     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                                www.shorelinecity.com
         or the proceeds thereunder, either for themselves or those with whom they have
         family ... ties ....

24 CFR 511.12(a). The operative prohibition is that relating to "family ties." As such, there is
clearly a conflict.

I agree with staff the this warrants a waiver. Ms. Shepherd will not personally benefit from the
grant. The benefit is provided to anyone, subject to budget constraints, who applies. Mr. and
Mrs. Brown are intended to be the beneficiaries of the program and will receive, generally, the
same benefit as is made available to others. Failure to provide the benefit to Mr. and Mrs.
Brown will impose an undue hardship on them.

If you have any further questions or concerns, please feel free to contact me.

Sincerely yours,



John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com




G:\COMMON\5\JCS\042401.doc
         Commission Meeting Date:          June 12, 2001




Date:      6/5/01
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Selection of Paint Supplier


SUMMARY OF REQUEST: To have the City Commission approve the
CNS selection of O'leary paint as the supplier for the 2001 Summer
paint program. CNS received two (2) quotes from suppliers - Oleary's
Paint 3530 Airline Rd of Muskegon and Sherwin Williams 2425 Henry
St. of Muskegon. Because of past success the CNS department would
like to award the contract once again to O'leary Paint.

FINANCIAL IMPACT: Funds will be from the 2001            Community
Development Block Grant Paint and Siding budget.

BUDGET ACTION REQUIRED: N/A

STAFF RECOMMENDATION: To approve the selection of O'leary
Paint.
COMMITTEE RECOMMENDATION: N/A
                  ... ll.WIN-
            ,, ✓ILLIAMS

                                         PRICE      QUOTATION
                                                                       Date: 05/04/01
      Customer Name: CITY OF MUSKEGON                             Telephone:
            Address: 933 TERRACE ST                               Account#:

1                City: MUSKEGON                 State: MI    Zip: 49443

     Authorized Representative: GAIL KUNDINGER
              Project Name No: 2001 SUKKER PAINT PROGRAM
            Project Start Date: 05/01/01    Project Completion Date: 09/15/01
     Check one:    Single Purchase?: _         Annual Requirements?: Y

      WE ARE PLEASED TO QUOTE YOU AS FOLLOWS:

     SALES No.         SIZE     PROD No.       DESCRIPTION         QTY        PRICE      EK PRICE
      ========== ------ ======== ==================== ======  ======== =========
                                                          . 0 .
       6401-04378     GALLON    A6W16 ··   A-100 FLT H&T WHT                  ··,lhc95     · • !;-00
       6401-04386     5 GAL     A6W16      A-100 FLT H&T WHT              0    11.95            . 00
       6401-22545     GALLON    A16W200    PK EK SC LK STN WHT            0    11.95            . 00
       6401-22552     5 GAL     A16W200    PM EK SC LK STN WHT            0    11.95            . 00
         600-0483     GALLON    B42W41     A100 EKT LTK PRIMER            0    12.99            . 00
         600-0491     5 GAL     B42W41     A100 EKT LTK PRIMER            0    12.99            . 00
         100-6261     GALLON    A82W510    A-100 STN H&T WHITE            0    12. 95          • 00
         100-6279     5 GAL     A82W510    A-100 STN H&T WHITE            0    12.95           • 00
       1929-99993     GALLON    A40W5      CL99 ASG EN WH                 0     15.95          . 00
         101-0487     GALLON    A2W26      SWP GLS WHITE                  0    15.95           • 00
         104-5764     GALLON    A14T5      ST STN-ALK W PRESV             0    12. 95          • 00
         104-5772     5. GAL    A14T5      ST STN-ALK W PRESV             0     12.95          • 00
         101-5452     GALLON    A14W534    EK AL SOL ST SNCP WT           0    13.95           • 00
         101-5403     5 GAL     A14W534    EK AL SOL ST SNCP WT           0    13.95           • 00
         710-8350     GALLON    Y24W20     A-100 ALK EKT WD PRM           0    14. 95          . 00
         710-8376     5 GAL     Y24W20     A-100 ALK EXT WD PRM           0    14. 95          , 00
         113-0855     GALLON    A33W82     FLR EN WHT                     0    13.95           • 00
         102-1153     GALLON    A67V1      WOOD CLSC POLY GLS             0    15.95           • 00
         102-1153     GALLON    A67Vl      WOOD CLSC POLY GLS             0    15.95           . 00
         113-0855     GALLON    A33W82     FLR EN WHT                     0    13.95          ". 00
         113-5318     GALLON    A24W15     ACR LTK FLR EN WHT             0    12.95           • 00
       7907-99993     GALLON    B54W101    IN EN PURE WHITE               0    13,95           . 00
       7912-99993     5 GAL     B54W101    IND EN PURE WHT                0    13.95           , 00
         113-0855     GALLON    A33W82     FLR EN WHT                     0    13.95           • 00
         158-0257     GALLON               CLEAR WD SEAL-l'S              0      8,99          • 00
         151-8273     11 oz                ACRY LTK CLK C850A             0       .99          • 00
         152-6854     GALLON               C66 GLZNG WHT - GL             0    . 7. 99         • 00
         152-6847     QUART                C66 GLZNG WHT - QT             0      2.99          • 00
         180-1489     9 INCH               5 WIRE CAGE FRAME              0      1. 75         • 00
         173-5349     9 INCH               METAL TRAY 9"                  0      1.99          • 00
         155-1332     9, INCH              SHER-FAB COVER                 0      1.99          .00
         155-1340     9 INCH               SHER-FAB COVER                 0      1.99          • 00
         171-4468     3 INCH               SW PREMIUM BRUSH               0      4.50          • 00
         171-4476     4 INCH               SW PREMIUM BRUSH               0      5,25          • 00
         153-8149     GALLON               PT THNNR-PLSTC GAL             0      1.99          • 00
         282-0199     EACH                 5-IN-1 BL & SLVR               0      3. 99         • 00
         180-1562     EACH                 WIRE BRUSH-LONGHDL             0      1.99          • 00
                      GALLON    B79W10     PRBLK IN ALK PR/SLR            0      9.95          • 00
    as• _9.10 -0028
      610-0036        5 GAL     B79W10     PRBLK IN ALK PR/SLR            0    12.95           • 00
         144-2433     12 oz                RESCUE WSP & HORNET            0      2.99          . 00
    I   I




                                 CITY OF MUSKEGON
                           2001 EXTERIOR PAINT PROGRAM
                                 PAINT SUPPLIER BID

        C,\DOOllY               fR.ODUCT Dl§ClUPDQli                                    Jllill UNITPRig
        lA1l!XFIAT              PROTECH ExrnRIOR lATI!X FLAT                            OAL    12.11
        lATEXSTAIN              RUSTIC EXTERIOR lAlEX STAIN                             GAL    12.35
        lATI!X PRIMl!R          PROTECH ExrnRIOR lATI!X PRIMER                          OAL    13.50
        lATI!X SATIN            PROTECH EXlERIOR lA'IBX SATIN                           OAL    13.11
        OIL SFMI-OLOSS          DURAMAX OIL SEMI-GLOSS                                  GAL    16.95
        OILSTAlN                AIL-WEA1HER S.C. OIL STAIN                              GAL    13.35
        Oll,PRIMl!R             PRIME LOCK EXT. on, PRIMl!R.                            GAL    13.50
        POLY ENAMEL             DURAMAX POLY. OLOSS OIL ENAMEL                          OAL    16.95
        GLOSS POLYURE1lfANH     Al.LPRO GLOSS POLYUREJlIANE                             GAL    14.95
        POLYOLOSS               ALIJ'RO GLOSS POLYURE1llANE                             GAL    14.95
        FLOOR l!NAMEL           KIN-AMEL GLOSS ENAMEL                                   OAL    13.75
        MIITAL ENAMEL           KIN-AMEL GLOSS FNAMEL                                   GAL    13. 75
        FLOOROUARD              50 LINE ANTI-SUP COATING                                OAL    16.40
        DECK OIL                NATURAL DECK OIL WATER-BASE                             GAL    17.50

        WINDOW CAUUC            PAINTER'S ACRYUC lAlEX CAUIK                            EACH 1.09
        WlNDOWGLAZI!            WINDOWGIAZINO                                           QUART 4.00
        WINDOW aLAZ1!           WINDOW OlAZINO                                          GAL  13.49

        ROUJ!R FRAMES           4-WIRE ROUER FRAME                                      EACH  1.15
        ROUERPANS               METALROUERPAN                                           EACH  1.95
        PAINT ROU.J!RB 3/8      3/8" NAP ROUER COVERS                                   EACH  1.25
        PAINTROUJ!RS 1/2        1/2" NAP ROUER COVERS                                   EACH  1.25
        PAINT BRUSHES 3"        3" AIL-PURPOSE PAINTBRUSH ·                             EACH  2.95
        PAINT BRUSHES 4"        4" AIL-PURPOSE PAINT BRUSH                              EACH  3.95
        PAINT 11IlNNER          PAINT 11UNNER                                           GAL   2.29
        PAINT SCRAPERS 5-way    5 IN I SCRAPER/ OLAZIER KNIFE                           EACH  3.49
        WIRE BRUSH              DQB WIRE BRUSH                                          EACH :.65
'       KILZ                    KILZ PRIMER AEROSOL
                                .. PRIME LOCK PRIMER
                                                                                        AERO 2.99
        Kn..Z                                                                           GAL  13.50
                                  (Equal, or exceedl performance ofKilz)
        BEE SPRAY               LYNWASPANDHORNETSPRAY                                   EACH    3.50



             /JI(~//~                                      ~-- // - 0/
            J;      7~·                      ~        ......
                                             ~~-·
                                     3530 AIRUNE RD. MUSKEGON, Ml 4M44 (010) 733-2181
                                                       l!JQ0-444-2181
         Commission Meeting Date:           June 12, 2001




Date:       6/5/01
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:        Selection of Contractor for rehabilitation of City
           owned structure at 315 Catawba


SUMMARY OF REQUEST: To approve the selection of Nobles Inc with
the low bid of $67,900 for the total rehabilitation of the tax-reverted
structure at 315 Catawba. The City of Muskegon received four (4) bids
for this project. (see attached).
After the total rehabilitation of the structure at 315 Catawba is
completed, the structure will be sold to a qualified homebuyer in
association with one of the City's Community Housing Development
Organizations.
FINANCIAL IMPACT: Fund will be allocated from the City's HOME
budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Nobles, Inc with Mark
Thompson as the general contractor for the job of rehabilitating 315
Catawba.
COMMITTEE RECOMMENDATION: N/A
                       Operation Resurrection

Results of the bids for rehabilitation of tax-reverted property located at 315
Catawba:


1. Nobles Inc                                        $67,900

2. Top Notch Design Contractors                      $85,950

3. David Reagan                                      $86,125

4. Success Enterprise/Success Builders               $88,225
                                                                                                 2001-66(f)


                                                   Qitty nf




                                                   ~tatr nf !lir4tgau
                                          P'ROCLAMA rroN
                                  Sup port of rto-lM,e/ 'R<¼Oiu:t"ww # 15
                                            J /AA'\,€/ 4, 2001
 WHEREAS with the sensitive ecology of shorelands along the Great Lakes and the need to preserve the quality of
 these freshwater treasures, steps have been taken to put safeguards in place in the requirements for oil and gas
 leases and drilling permits. As new technologies emerge and because of the pressures from the marketplace that
 demands ever more energy, there continues to be interest in oil and gas deposits that may be under the lakes in
 sufficient quantities. With the ongoing interest in these resources, state officials have been reexamining this entire
 issue; and

 WHEREAS recently, the Department of Natural Resources has completed a two-year review of the procedures to be
 followed to secure a lease for the possible drilling under the Great Lakes. During this time, new leases have not
 been issued. Now, DNR-established work groups will be receiving and considering comments on the proposed
 revised procedures; and

WHEREAS while there are few directionally drilled Great Lakes oil and gas wells in Michigan, there are many groups
and individuals who worry that, without the strongest possible safeguards, the benefits of these operations do not
justify the potential risks involved. The complexities of the entire process and the damage that could result make it
prudent for the state to enter into a new lease agreements or to issue no new permits for directional drilling under
the Great lakes without the most secure procedures and requirements possible; and

THEREFORE, NOW BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of Muskegon, and speaking on
behalf of the City Commission, do send our support for the House Resolution #15 and urge the Department of
Natural Resources and the Department of Environmental Quality to issue no new oil and gas leases or drilling permits
that would allow directional drilling under the Great Lakes.




\;,dii!,e;e :1:J,~d7-«-'t-i->
 Fr~d ;· Nie11:Y~~yo~ :
  '-
   I
     ,1 1__,"l;~\~
            _J_
                                         'l
                     ---.._ ,v;..,,',•J-...
                              - ,\ 1,..-,     I
                                              _,
ScotfSieradiki, Vice Mayor-'
                     ,i, CHARITABLE GAMING DNISION
                         101 E. HILLSDALE, BOX 30023
                         LANSING, MICHIGAN 48908                                                          2001-66(9)
             ~   _   ~   (517) 335-5780
           l011DW www.state.mi.us/milottery

                            LOCAL GOVERNING BODY RESOLUTION IFOR CHARITAIBLIE GAMING LICENSES
                                                                                                   (Required by MCL.432.103(9))




                           At a_"""R;..;;;e""'g""
                                               u"""
                                                  l _ar:.....,.,.....,,...- ------------- meeting of the _ ___;C:....:i....:t..,_y-'""'Com
                                                                                                                                        ..;;.""m
                                                                                                                                               "'"1.;. as;· . ;s; . i:. . :o;.;.n:...-._ __
                                                            REGULAR OR SPECIAL                                                          TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD



                           called to order by _ ____:,_;M~a.L..yo;;;..;r~N                              ~ - - - - - - - on
                                                                         .;..ai. . : e.1..:. a:. s.a:. en                                           June 12               2001
                                                                                                                                                                     DA'IE


                           at       5: 30                         ~p.m. the following resolution was offered:
                                            TIME


                           Moved by                Commissioner As l ak so n                                andsupportedby Commissioner Schwe ifler

                           that the request from Muskegon Western Litt 1e League of _ _ _M.. .;.u. . ;.s_k.; ;.e. _go.; _
                                                                                                                        . n _ __,
                                                                                               NAME OF ORGANIZATION                                                CITY


                           county of _ ___M_u_s.,;..ak-"'e'""g""'o"-"
                                                                  n__________, asking that they be recognized as a
                                                                                 COUNTY NAME


                           nonprofit organization operating in the community for the purpose of obtaining a charitable

                           gaming license, be considered for _ A_,:p_,:p_r_o_v_a_l_______
                                                                                                          APPROVAUDISAPPROVAL




                                                                   APPROVAL                                                  DISAPPROVAL

                                                          Yeas:                  7                                        Yeas:
                                                           Nays:                 0                                        Nays:

                                                          Absent:                0                                        Absent:




                           I hereby certify that the foregoing is a true and complete copy of a resolution offered and
                           adopted by the                       City of Muskegon                                             at a _ ___,;.;R.;;;.e....,gu"-7.. ,.;a"""r_ _ _ _ _ __
                                                                    TOWNSHIP, CITY, OR VILLAGE COUNCIUBOARD                                          REGULAR OR SPECIAL


                           meeting held on                                   June 12               2001

                           SIGNED:
                                                         LO- ~                                                                "~
                                                                       Gail A. Kundinger, City 'cl erk
                                                                                                          PRINTED NAME AND TITLE



                                                                       933 Terrace, Muskegon, MI                                49440
                                                                                                                ADDRESS
            he   ichigan Lotterywl I not discriminate against any indivldual or group because of                                                                   COMPLETION: Required.
           race, sex, religion. age, national origin. color, marital status. qualified disability or                                                               PENALTY: Possible denial of application.
           political belief in its activities or in ils hiring or employment practices.
                                                                                                                                                                                 BSL-CG-1153(R8/00)


. .... .
Internal Revenue Service                             Department of the Treasury

                                                     P. 0. Box 2508
                                                     Cincinnati, OH 45201

Date: May 11, 2001                                   Person to Contact:
                                                        Ms. Smith #31-07262
                                                        Customer Service Representative
Little League Baseball, Inc.                         Toll Free Telephone Number:
1221208 Muskegon Western LL                            8:00 A.M. to 9:30 P.M. EST
% Jone Benedict Pres                                   877-829-5500
2164 LeTarte                                         Fax Number:
Muskegon, Ml 49441                                     513-263-3756
                                                     Federal Identification Number:
                                                       38-2266485
                                                     Group Exemption Number:
                                                       3158

Dear Sir or Madam:

We have received your request for affirmation of your organization's tax exempt status.

Your organization is exempt under section 501 (c)(3) of the Code because it is included in
a group ruling issued to Little League Baseball Incorporated, located in Williamsport,
Pennsylvania.

Individual exemption letters are not available to organizations included in group rulings.
The group exemption letter applies to all of the subordinate organizations on whose
behalf the Little League Baseball Incorporated has applied for recognition of exemption.
If you want a copy of the group exemption letter, please contact your parent
organization.

Your organization is required to file Form 990, Return of Organization Exempt from
Income Tax, only if its gross receipts each year are normally more than $25,000. If a
return is required, it must be filed by the 15th day of the fifth month after the end of the
organization's annual accounting period. The law imposes a penalty of $20 a day, up to
a maximum of $10,000, when a return is filed late, unless there is reasonable cause for
the delay.

Donors ·may deduct contributions to your organization as provided in section 170 of the
Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use
are deductible for federal estate and gift tax purposes if they meet the applicable
provisions of sections 2055, 2106, and 2522 of the Code.

The law requires you to make your organization's annual return available for public inspection
without charge for three years after the due date of the return. You can charge only a reasonable
fee for reproduction and actual postage costs for the copied materials. The law does not require
you to provide copies of public inspection documents that are widely available, such as by posting
them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each
day you do not make these documents available for public inspection (up to a maximum of
$10,000 in the case of an annual return).
                                               -2-


Little League Baseball lncorporated-1221208 Muskegon Western LL
38-2266485


If you have any questions, please call us at the telephone number shown in the heading of this
letter.

                                               Sincerely,

                                                g~z~
                                               John E. Ricketts, Director, TE/GE
                                               Customer Account Services

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