View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 23, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLLCALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Donation of Four Abandoned Bicycles to the Drug Court. PUBLIC
SAFETY
C. FIRST READING: Rezoning Request for Properties Located at 1561. 1567,
1575, 1587, 1593 and 1597 Peck Street. and 28 W. Forest Avenue.
PLANNING & ECONOMIC DEVELOPMENT
D. FIRST READING: Zoning Ordinance Amendment - Wireless
Communication Service Facilities. PLANNING & ECONOMIC
DEVELOPMENT
E. Request for an Encroachment Agreement. ENGINEERING
F. Consideration of Bids - Decorative Concrete/Street for Western Avenue,
Third to Terrace. ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Request to Allow More Than One Alcohol License Within the City of
Muskegon Over the Period July 14 to 16, 2006. ASSISTANT CITY
MANAGER
B. FIRST READING: Vegetation Ordinance Amendment for Raking Leaves.
PLANNING & ECONOMIC DEVELOPMENT
C. Development of Terrace Street Lots. CITY MANAGER
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 375 Jackson
2. 585 Catherine (Area 11)
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
:> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
> Submit the form to the City Clerk.
> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
> {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
D ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 7246705 OR TOO: (231)
724-4172.
Date: May23, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the May ath
Commission Worksession, and the May gth Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 23, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
HaiL 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 23,
2006.
Mayor Warmington opened the meeting with a prayer from Reverend Phillips
from the Love Fellowship Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Kevin Davis, Lawrence Spataro, Sue Wierenga, and Chris Carter,
City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk
Linda Potter.
Commissioner Clara Shepherd arrived at 6:07 p.rn. {excused)
2006-45 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 8th Commission
Worksession, and the May 9th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Donation of Four Abandoned Bicycles to the Drug Court. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director to provide four abandoned/recovered
bicycles to the Muskegon County Drug Court. This request comes from staff at
the Drug Court. The bicycles will be used to provide an alternate means of
transportation for clients in the program. This action is provided for in Section 46-
153 of the City Ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of this request.
C. FIRST READING: Rezoning Request for Properties Located at 1561, 1567,
1575, 1587. 1593 and 1597 Peck Street, and 28 W. Forest Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 156 L 1567,
1575, 1587, 1593, and 1597 Peck Street and 28 W. Forest Avenue from RM-1, Low
Density Multiple-Family Residential District to R-1, One Family Residential District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 11th meeting. The vote was unanimous,
with J. Aslakson absent.
REQUIRES SECOND READING
D. FIRST READING: Zoning Ordinance Amendment - Wireless
Communication Service Facilities. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Sections 2321 (Wireless
Communication Service Facilities) of Article XXIII {General Provisions) of the
Zoning Ordinance to amend the "Overlay District Established for Wireless
Communication Support Facilities" and substitute 2301 Harvey Street for 1350 E.
Keating Avenue (City DPW) as one of the four overlay districts for location of
wireless communication equipment.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Section 2321,
Article XXIII of the Zoning Ordinance.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their May 11th meeting. The vote was
unanimous in favor of the amendment. with J. Aslakson absent.
REQUIRES SECOND READING
E. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST: BLDI Environmental who is working with Ken's Super
Service Station and the Marathon Petroleum Co. at the north west corner of
Laketon and Henry has submitted a permit form/encroachment agreement
requesting your permission to install eight additional monitoring wells in the area
surrounding the aforementioned property. The wells would be installed in the
public right of ways of Laketon Avenue, Henry Street, Division Street, Larch
Avenue and Kinsey Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
consent agenda as read minus item F.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierenga, Carter, and Davis
Nays: None
MOTION PASSES
2006-46 ITEM REMOVED FROM THE CONSENT AGENDA:
F. Consideration of Bids - Decorative Concrete/Street Light for Western
Avenue, Third to Terrace. ENGINEERING
SUMMARY OF REQUEST: Award the decorative concrete/street light contract on
Western Avenue between Third and Terrace to Kamminga & Roodvoets, Inc.
since they were the only bidder with a reasonable bid price of $888,532.32
which was below the engineer's estimate of $905,467.50. If awarded to
Kamminga & Roodvoets, the award must be contingent upon the Michigan
Department of Transportation's approval.
FINANCIAL IMPACT: The construction cost $888,532.32 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None. 80% of the cost (construction and
engineering) will be funded by the HPP (high priority projects) funds and the
remainder from the city via the ULA/CDBG funds for that project.
STAFF RECOMMENDATION: Award the contract to Kamminga & Roodvoets
contingent upon the Michigan Department of Transportation's approval.
Motion by Commissioner Carter, second by Commissioner Spataro to award the
decorative concrete/street light contract for Western Avenue between Third and
Terrace to Kamminga & Roodvoets, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Wierenga, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
2006-47 NEW BUSINESS:
A Request to Allow More Than One Alcohol License Within the City of
Muskegon Over the Period July 14 to 16. 2006. ASSISTANT CITY
MANAGER
SUMMARY OF REQUEST: To allow more than one liquor license within the City
over the period July 14 to 16, 2006.
July 14th - Party in the Park: event and liquor license have been approved.
Pop-A-Top: event was approved by the Leisure Services Board.
Liquor License is not yet approved.
- Muskegon Sportsfishing Association: event and liquor license are
not yet approved. (They would like to host a Salmon shoot-out with
beverage tent July 14- 16.)
July 15th - BBQ Fest: event and liquor license are approved.
Pop-A-Top: event was approved by the Leisure Services Board.
Liquor License is not yet approved.
Muskegon Sportsfishing Association: event and liquor license are
not yet approved.
July 16th - Muskegon Sportsfishing Association: event and liquor license are
not yet approved.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: No recommendation. Commission action required.
The Commission might want to reconsider the effectiveness of the existing
ordinance requiring one liquor license per weekend giving the significant
increase in the number of Special Events held in recent years.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request to allow more than one alcohol license within the City of Muskegon
over the period July 14 to 16, 2006.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Spataro
Nays: None
MOTION PASSES
B. FIRST READING: Vegetation Ordinance Amendment for Raking Leaves.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 98
VEGETATION for the purpose of requiring leaves to be removed from properties
after the conclusion of leaf season. Leaf season is defined as beginning
September 1st and ending April 30th of each year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 98
Vegetation, specifically to amend Section 98-31 Definitions, and Section 98-35
Notice to Destroy and Remove; publication, as proposed to require residents to
rake leaves on their property. Actual enforcement will begin in 2007.
Motion by Vice Mayor Gawron, second by Commissioner Davis to approve the
first reading of the vegetation ordinance amendment for raking leaves.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Spataro, and Warmington
Nays: None
REQUIRES SECOND READING
C. Development of Terrace Street Lots. CITY MANAGER
SUMMARY OF REQUEST: To authorize staff to enter into negotiations of a
development agreement with Hot Rod Harley Davidson to develop the Terrace
Street lots pursuant to their proposal.
FINANCIAL IMPACT: $300,000 purchase price for the property plus the property
will go back on the tax rolls.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request to allow staff to negotiate with Hot Rod Harley Davidson to develop
the Terrace Street lots.
Motion and second amended to authorize staff to enter into negotiations of a
development agreement with Hot Rod Harley Davidson to develop the Terrace
Street lots pursuant to their proposal based on the approval of the City AHorney
and City Manager and to be signed by the Mayor and Clerk based on the
parameters that have been discussed.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 375 Jackson
2. 585 Catherine (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur w ith
the findings of the Housing Board of Appeals that the mentioned structures are
unsafe, substandard, public nuisances and that they be demolished within 30
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsib le
bidder.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 375 Jackson and
585 Catherine.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission commented on various items.
ADJOURNMENT: The City Commission Meeting adjourned at 6:23p.m.
Respectfully submitted,
Linda Potter, CMC
Deputy City Clerk
ACTION SHEET
Name Action Ayes Nays
/
Commissioner Davis II
Vice Mayor Gawron v
Commissioner Shepherd - / JL<P.l" 6:tJ7prr,
Commissioner Spataro v/
Mayor Warmington v/
v
Commissioner Wierengo v
Commissioner Carter v
COMMENTS:
CITY COMMISSION MEETING
Tuesday May 11, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: May 14, 2006
SUBJECT: Donation of Four (4) Abandoned Bicycles to the Drug Court
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director to
provide four abandoned/recovered bicycles to the Muskegon County Drug Court. This
request comes from staff at the Drug Court. The bicycles will be used to provide an
alternate means of transportation for clients in the program. This action is provided for in
Section 46-153 of the city ordinance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of this request.
Commission Meeting Date: May 23, 2006
Date: May 12,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Rezoning request for properties located at 1561, 1567, 1575,
1587, 1593 and 1597 Peck St., and 28 W. Forest Ave.
SUMMARY OF REQUEST:
Request to rezone the properties located at 1561, 1567, 1575, 1587, 1593, and 1597
Peck Street and 28 W. Forest Avenue from RM-1, Low Density Multiple-Family
Residential District to R-1, One Family Residential District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITIEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/11 meeting.
The vote was unanimous, with J. Aslakson absent.
0:\Pianning\COMMON\Zoning\City Commission Items\rezone\Approve\2006 Approvals \Area 13 - Peck St.doc
Commission Meeting Date: May 23, 2005
Date: May 12,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.£ G
RE: Zoning Ordinance Amendment- Wireless Communication
Service Facilities
SUMMARY OF REQUEST:
Request to amend Sections 2321 (Wireless Communication Service Facilities) of Article
XXIII (General Provisions) of the Zoning Ordinance to amend the "Overlay District
Established for Wireless Communication Support Facilities" and substitute 2301 Harvey
Street for 1350 E. Keating Avenue (City DPW) as one of the four overlay districts for location
ofwireless communication equipment.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff reconunends amendment of Section 2321, Article XXIII of the Zoning Ordinance.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 5/11 meeting.
The vote was unanimous in favor of the amendment, with J. Aslakson absent.
0:\Pianning\COMMON\Zoning\City Commission lterns\Amendments\2006 Amendments\Case 2006-13-Wircless Communication Service
Facilities.doc
Date: May23, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for an Encroachment Agreement
SUMMARY OF REQUEST:
BLDI Environmental who is working with Ken's Super Service Station and the
Marathon Petroleum Co. at the north west corner of Laketon & Henry has
submitted the enclosed encroachment agreement/permit form requesting your
permission to install eight (8) additional monitoring wells in the area
surrounding the aforementioned property. The wells would be installed in the
public right of ways of Laketon Ave., Henry St., Division St., Larch Ave. &
Kinsey St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement subject to the supplemental
conditions and compliance with the necessary insurance requirements.
COMMITTEE RECOMMENDATION:
None
Date: May23, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Decorative Concrete/Street for Western Ave. Third to Terrace
SUMMARY OF REQUEST:
Award the decorative concrete/street light contract on Western Ave. between Third &
Terrace to Kamminga & Roodvoets Inc. (K & R) since they were the only bidder with a
reasonable bid price of $888,532.32 which was below the engineer's estimate of
$905,467.50. If awarded to K & R. the award must be contingent upon the Michigan
Department of Transportation's approval.
FINANCIAL IMPACT:
The construction cost $888,532.32 plus engineering cost which is estimated at an
additional15%.
BUDGET ACTION REQUIRED:
None. 80% of the cost(construction and engineering) will be funded by the HPP (high priority
projects) funds and the remainder from the city via the ULA/CDBG funds for that project.
STAFF RECOMMENDATION:
Award the contract to Kamminga & Roodvoets contingent upon MOOT's approval.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
WESTERN AVENUE STREETSCAPE IMPROVEMENTS
BID TABULATION
5/16/2006
Engineer's Estimate Kamminga & Roodvoets. Inc
- -
Item Estimated Estimated Estimated
Code Item Description Unit Quantity Unit Price Total Unit Price Total
1000001 Mobilization, Max. $45,000 LS 1 $45,000.00 $45,000.00 $45,000.00 $45,000.00
2040006 Curb and Gutter, Rem Ft 765 $4.50 $3,442.50 $4.00 $3,060.00
2040010 Masonry and Cone Structure, Rem Cyd 25 $50.00 $1,250.00 $75.00 $1,875.00
2040011 Pavt, Rem Syd 1,920 $4.50 $8,640.00 $13.00 $24,960.00
2040013 Sidewalk, Rem Syd 560 $5.00 $2,800.00 $6.00 $3,360.00
2047050 Decorative Flag Pole, Rem and Reinstall Ea 8 $400.00 $3,200.00 $625.00 $5,000.00
2050041 Subgrade Undercutting, Type II Cyd 100 $12.00 $1,200.00 $12.00 $1,200.00
2057011 Fine Grading for Sidewalk Syd 4,570 $2.25 $10,282.50 $1.00 $4,570.00
2057051 Roundabout Grading LS 1 $4,000.00 $4,000.00 $82,650.00 $82,650.00
2080006 Erosion Control, Inlet Protection, Fabric Drop Ea 10 $75.00 $750.00 $75.00 $750.00
3010002 Subbase, CIP Cyd 1,130 $10.00 $11,300.00 $5.00 $5,650.00
3020020 Aggregate Base, 8 inch Syd 2,610 $5.50 $14,355.00 $8.85 $23,098.50
4030053 Dr Structure Cover, Adj, Case 2 Ea 10 $300.00 $3,000.00 $310.00 $3,100.00
5020031 HMA, 3C Ton 75 $65.00 $4,875.00 $92.50 $6,937.50
5020032 HMA,4C Ton 75 $65.00 $4,875.00 $92.50 $6,937.50
6020074 Cone Pavt, Mise, Reinf, 8 inch Syd 151 $60.00 $9,060.00 $57.50 $8,682.50
6027011 Cone Pavt, Reinf, 8 inch, Colored Syd 655 $85.00 $55,675.00 $74.75 $48,961.25
6027011 Cone Pavt, Reinf, 8 inch, Stamped, Colored Syd 754 $110.00 $82,940.00 $103.50 $78,039.00
8020038 Curb and Gutter, Cone, Del F4 Ft 830 $15.00 $12,450.00 $20.79 $17,255.70
8027001 Curb and Gutter, Cone, Det F4, Mod Ft 670 $15.00 $10,050.00 $20.79 $13,929.30
8030002 Sidewalk, Cone, 4 inch Sft 976 $5.00 $4,880.00 $3.45 $3,367.20
8030011 Sidewalk Ramp, ADA Sft 2,260 $9.00 $20,340.00 $5.04 $11,390.40
8037010 Sidewalk, Cone, 4 inch, Colored Sft 20,247 $6.00 $121,482.00 $4.54 $91,921.38
8037010 Sidewalk, Cone, 4 inch, Stamped, Colored Sft 23,547 $9.00 $211,923.00 $8.63 $203,210.61
8037010 Sidewalk, Cone, 4 inch, Colored with Acidic Stain Sft 2,072 $10.00 $20,720.00 $8.05 $16,679.60
8037010 Brick Pavers, Reinstall Sft 500 $6.00 $3,000.00 $8.50 $4,250.00
8120001 Barricade, Type Ill, High Intensity, Furn Ea 11 $90.00 $990.00 $75.00 $825.00
8120002 Barricade, Type Ill, High Intensity, Oper Ea 11 $20.00 $220.00 $0.01 $0.11
8120050 Minor Traf Devices, Max. $1,000 LS 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00
Item Estimated Estimated Estimated
Code Item Description Unit Quantity Unit Price Total Unit Price Total
8120102 Plastic Drum, High Intensity, Lighted, Furn Ea 40 $25.00 $1,000.00 $15.00 $600.00
8120103 Plastic Drum, High Intensity, Lighted, Oper Ea 40 $10.00 $400.00 $0.01 $0.40
8120120 Sign, Type B, Temp, Furn Sft 387 $2.00 $774.00 $2.50 $967.50
8120121 Sign, Type B, Temp, Oper Sft 387 $0.50 $193.50 $0.01 $3.87
8157050 Decorative Street Light with Concrete Base, Single Ea 64 $900.00 $57,600.00 $800.00 $51,200.00
8157050 Decorative Street Light with Concrete Base, Double Ea 14 $1,000.00 $14,000.00 $850.00 $11,900.00
8157051 Electrical Distribution System LS 1 $156,000.00 $156,000.00 $104,000.00 $104,000.00
8250045 Gate Box, Adj Ea 5 $200.00 $1,000.00 $300.00 $1,500.00
8250091 Hydrant, Rem Ea 2 $400.00 $800.00 $350.00 $700.00
TOTAL OF ALL ESTIMATED PRICES: $905,467.50 $888,532.32
AGENDA ITEM
CITY COMMISSION MEETING DATED May 23,2006
To: Honorable Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: May 17,2006
Re: Request to allow more than one Alcohol License within the City of
Muskegon over the period July 14 to 16, 2006 (Party in the Park, BBQ
Fest, Pop-A-Top, and Muskegon Sportsfishing Association).
SUMMARY OF REQUEST:
To allow more than one liquor license within the City over the period July 14 to 16, 2006.
July 141h - Party in the Park: event and liquor license have been approved.
-Pop-A-Top: event was approved by the Leisure Services Board. Liquor
License is not yet approved.
- Muskegon Sportsfishing Association: event and liquor license are not
yet approved. (They would like to host a Salmon shoot-out with beverage
tent July 14- 16.)
July 151h -BBQ Fest: event and liquor license are approved.
- Pop-A-Top: event was approved by the Leisure Services Board. Liquor
License is not yet approved.
- Muskegon Sportsfishing Association: event and liquor license are not
yet approved.
July 161h - Muskegon Sportsfishing Association: event and liquor license are not
yet approved.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
No recommendation. Commission action required. The Commission might want to
reconsider the effectiveness of the existing ordinance requiring one liquor license per
weekend giving the significant increase in the number of Special Events held in recent
years.
Commission Meeting Date: May 23, 2006
Date: May 16,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Vegetation Ordinance Amendment for Raking Leaves
SUMMARY OF REQUEST:
Request to amend the Code Of Ordinances Chapter 98 VEGETATION for the purpose of
requiring leaves to be removed from properties after the conclusion of leaf season. Leaf season
is defined as beginning September 151 • and ending April 301h. of each year.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of Chapter 98 Vegetation, specifically to amend Section 98-31
Definitions and Section 98-35 Notice to Destroy and Remove; publication, as proposed to
require residents to rake leaves on their property. Actual enforcement will begin in 2007.
COMMITTEE RECOMMENDATION:
None
5/4/2006
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 16, 2006
RE: Development of Terrace Street Lots
SUMMARY OF REQUEST:
To authorize staff to enter into negotiations of a development agreement with Hot Rod Harley
Davidson to develop the Terrace Street lots pursuant to their proposal.
FINANCIAL IMPACT:
$300,000 purchase price for the property plus the property will go back on the tax rolls.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb/O:AGENDA DVLPMNT OF TERRACE ST LOTS 051606
PURCHASE AGREEMENT
This Agreement is made on May 2 3 , 2006, between the City of
Muskegon, a Michigan municipal corporation, with offices located at 933 Terrace Street,
Muskegon, Michigan, 49440 ("City"), and Hot Rod Motorcycles, Inc., d/b/a Hot Rod Harley-
Davidson, a Michigan corporation, of 590 Ottawa Street, Muskegon, Michigan, 49442
("Buyer").
1. Formation of Buying Entity. City acknowledges and agrees that Buyer intends
on organizing a Michigan limited liability company (Muskegon Downtown Believers, LLC) to
purchase the Premises (as defined below) and to consummate the transaction contemplated in
this Agreement. The City permits Buyer to assign all of its rights, title, and interest.
2. Purchase and Sale of Premises. City shall sell, and Buyer shall purchase, on the
conditions set forth in this Agreement, the premises and all improvements thereon, with all
beneficial easements, and with all of City's right, title and interest in all adjoining public ways,
commonly known as the "Terrace Street Lots," City of Muskegon, Muskegon County, Michigan,
excluding approximately 2 acres which shall be used for a fire station. The property to be sold is
legally described on Exhibit A ("Premises"), subject to the reservations, restrictions and
easements of record, provided said reservations, restrictions and easements of record are
reasonably acceptable to Buyer upon disclosure and review of the same.
3. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be $300,000, which the City Commission deems to be fair market value, payable in full at
closing to City, by wire transfer, certified or cashier's check. Buyer shall deposit with the City
an earnest money deposit of $50,000 upon the execution of this Agreement ("Deposit"). The
Deposit shall be credited against the purchase price at closing.
4. Title Insurance. City shall order an owner's policy of title insurance issued by a
mutually agreeable title company in the standard A.L.T.A. form, without the standard
exceptions, certified to the date of closing, in the amount of the purchase price. Buyer may raise
any objections to the exceptions or encumbrances shown on the commitment within 15 days after
Buyer receives the commitment by giving written notice to City. If Buyer raises a title objection,
Buyer shall not be required to close this transaction unless City cures the objection or Buyer
waives its objection. Additionally, if Buyer raises a title objection, City shall have the right not
to cure the objection--in which case, this Agreement shall terminate, and City shall return the
Deposit to Buyer. If City elects to cure the objection, City shall take action to remove the
exception or the encumbrance from the chain of title, in order to remove it from the commitment
and the policy.
C:\Documents and Settings\Mazade\Local Settings\Temporary Internet lj_iles\OLKD\CV0967 .DOC
5. Property Taxes and Assessments. City shall be responsible for the payment of
all real estate taxes and assessments that become due and payable prior to the date of closing.
Buyer shall be responsible for the payment of all real estate taxes and assessments that become
due and payable after the date of closing
6. Survey. City shall provide Buyer with copies of any surveys City has of the
Premises. Buyer may obtain a survey of the Premises at Buyer's expense, and Buyer or Buyer's
surveyor or other agents may enter the Premises for that purpose prior to closing. In the event
that a survey by a registered land surveyor, made prior to closing, discloses an encroachment or
substantial variation from the presumed land boundaries or area, City shall have the option of
effecting a remedy within 30 days after disclosure, or terminating this Agreement. Buyer may
elect to purchase the Premises subject to said encroachment or variation.
7. Representations, Covenants and Warranties of City. City represents,
covenants and warrants the following to be true:
a. Organization and Standing of City. City is a Michigan municipal
corporation duly organized, validly existing and in good standing under the laws of the
State of Michigan.
b. Authority. City has the power and authority to enter into and perform its
obligations under this Agreement.
c. Title to Purchased Assets. City has title to some but not all of the
Premises. The Premises owned by the City are subject to no mortgage, pledge, lien,
encumbrance, security interest, or charge except as will be set forth on the title insurance
commitment. As to the Premises owned by the CSX Transportation, Inc., the City shall
use its best efforts, but not including eminent domain, to acquire said property, which is
the location of the former railroad tracks. Upon acquisition of such, City shall deed such
property to Buyer at no additional consideration.
d. Construction and Grading. The City has retained approximately 2 acres
of the "Terrace Street Lots" for construction of a fire station. So long as Buyer does not
interfere with the construction of the fire station, Buyer may enter the proposed City fire
station site for purposes of construction and grading the entire "Terrace Street Lot" site.
City grants to Buyer the right to remove any debris, cement pads, and concrete from the
City fire station site. City reserves the right to terminate this paragraph, after 10 days
notice if Buyer is interfering with the construction of the proposed fire station. The
permission granted in this paragraph shall survive the closing.
8. Representations, Covenants, and Warranties of Buyer. Buyer represents,
covenants, and warrants the following to be true:
a. Status of Buyer. Buyer is validly existing and in good standing under the
laws of the State of Michigan.
C:\Documents and Scttings\Mazade\Local Settings\Temporary fntemet J2les\OLKD\CV0967.DOC
b. Authority. Buyer has the power and authority to enter into and perform
Buyer's obligation under this Agreement.
c. "As-Is" Sale. BUYER UNDERSTANDS AND AGREES THAT
THERE SHALL BE NO IMPLIED WARRANTIES OF HABIT ABILITY,
QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY
OTHER IMPLIED WARRANTIES BETWEEN CITY AND BUYER, AND UPON
CLOSING, BUYER W AlVES ANY AND ALL SUCH IMPLIED WARRANTIES,
AND ACCEPTS THE PROPERTY "AS IS," "WHERE IS," SUBJECT ONLY TO
THE EXPRESS COVENANTS, CONDITIONS AND/OR WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT. AT CLOSING, BUYER
SHALL REPRESENT THAT IT HAS PERSONALLY INSPECTED THE
PROPERTY AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH
INSPECTION AND INVESTIGATION, AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF CITY. BUYER ALSO
ASSUMES ALL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY THE
CONDITIONS ON THE PROPERTY UPON TRANSFER OF TITLE.
d. Construction of Improvements. Buyer acknowledges that, as part of the
consideration inuring to the City, and as a condition of this sale, Buyer, or its successors
or assigns, shall construct on the Premises buildings which will house a Harley Davidson
Motorcycle dealership and showroom, along with such other premises to house a new car
dealership. Construction of the buildings, which will need to comply with applicable
zoning ordinances and required site plan review, shall be qualified for the issuance by the
City of a Certificate of Occupancy or Compliance no later than 24 months after the date
Buyer obtains zoning and site plan approval or 30 months after the date of closing on this
Agreement, whichever occurs first ("Certification Period"). In the event the Certificate
has not been issued within the Certification Period, the Premises, excluding property
where a Certificate of Occupancy or Compliance has been issued for the Harley
Davidson Motorcycle dealership and showroom and/or new car dealership, and all
improvements then installed shall revert in title to the City, without any compensation or
credit to the Buyer. The covenants in this paragraph shall survive the closing and run
with the land.
Notwithstanding the foregoing, in the event that Buyer has not received a
Certificate of Occupancy or Compliance for the Harley Davidson Motorcycle dealership
and showroom and/or new car dealership, and all other improvements then installed
within the Certification Period, but Buyer has, in fact, substantially completed all such
construction on a particular building within the Premises, all such improvements shall not
revert to the City. Buyer agrees to diligently and expeditiously continue to take all
actions necessary to proceed toward obtaining Certificates of Occupancy or Compliance
for all such buildings that have been substantially completed as of the date of expiration
of the Certification Period.
C:\Documents and Settings\!Vtazade\Loca\ Settings\Temporary Internet ~lcs\OLKD\CV0967.DOC
Notwithstanding the Certification Period, the City acknowledges and agrees that
the time required by Buyer to obtain any necessary zoning and site plan approvals may be
lengthy. In consideration of this possibility, the parties agree that the duration of the City
Approval Period shall be 6 months beginning on the date of closing of this Agreement
("City Approval Period"). Buyer agrees to submit its PUD and site plan (and all related
documents) to the City for approval no later than 30 days after closing. The City agrees
to fully and promptly cooperate with Buyer in obtaining all such approvals. The parties
expressly agree that should the Buyer obtain zoning and site plan approval prior to the
expiration of the six month City Approval Period, the twenty-four month Certification
Period shall commence upon the date of such approval. However, in any event, the
Certification Period shall commence no later than six months after the date of closing.
9. Default.
a. By Buyer. In the event Buyer fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement, and such default
is not cured within 10 days after receipt of notice (other than Buyer's failure to tender the
purchase price in full at Closing-a default for which no notice is required), then City
may terminate this Agreement, in which event both parties will be released from any
further liability under this Agreement, or City may pursue its legal and/or equitable
remedies against Buyer.
b. By City. In the event City fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement, and such default
is not cured within 10 days after receipt of notice, then Buyer may either terminate this
Agreement, in which event both parties will be released from any further liability under
this Agreement, or Buyer may pursue its legal and/or equitable remedies against City.
10. Buyer to Obtain BEA. Buyer has elected to obtain a Baseline Environmental
Assessment for the Premises after closing. To that end, Buyer may be able to use certain data
and information previously obtained by the City to expedite this process. Following the
execution of this Agreement, City agrees to provide or make available to Buyer, at Buyer's own
expense (if any), all such environmental reports and data in its possession related to the
Premises.
11. Real Estate Commission. Buyer and City shall each be responsible for any fees
for any real estate agents, brokers or salespersons regarding this sale that it has hired, but shall
have no obligation as to any fees for any real estate agents, brokers or salespersons regarding this
sale that the other party has hired.
12. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the closing
shall be held within 60 days of the date of this Agreement ("Date of Closing"). The
closing shall be held at a mutually convenient location.
C:\Documents and Settings\Mazade\Local Settings\Tcmpormy Internet ijles\OLKD\CV0967 .DOC
b. Costs. The costs associated with this Agreement and the closing shall be
paid as follows:
1. City shall pay the premium for the owner's policy of title
msurance.
ii. City shall be responsible to pay for the recording of any instrument
that must be recorded to clear title to the extent required by this Agreement.
iii. Buyer shall pay for the cost of recording the quit claim deed.
1v. Buyer and City shall equally split the cost of the closing.
c. Deliveries. At closing, City shall deliver at its sole cost and expense the
following documents in a form reasonably satisfactory to Buyer:
1. the quit claim deed to the Premises.
ii. such other documents as may be reasonably required by Buyer or
the title company to effectuate the transaction contemplated by this Agreement.
13. Possession. Possession of the Premises is to be delivered to Buyer by City at
Closing.
14. Notice. All notices and other deliveries required under this Agreement shall be
made and given to the appropriate party, or the office of the party, at the address set forth above
or at such other address as may hereafter be specified by such parties by written notice from time
to time. Notices shall be effective on the date of receipt, if given by hand, express delivery or
recognized courier service. Notices given by certified mail shall be deemed effective three
business days after the date of deposit in an authorized postal facility, as shown by its receipt for
certified mail. Either party may designate a telephone number to be used for fax notices to such
party, in which event any notice transmitted to such number shall be effective on the date shown
in the printed confirmation of such transmission, free of error, generated by the sender's
machine.
15. Miscellaneous.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
b. Entire Agreement. This Agreement shall constitute the entire agreement,
and shall supersede any other agreements, written or oral, that may have been made or
entered into, by and between the parties with respect to the subject matter of this
Agreement, and shall not be modified or amended except in a subsequent writing signed
by the party against whom enforcement is sought.
C:\Documents and Settings\Mazade\Local Settings\Temporary Internet I,9Ies\OLKD\CV0967.DOC
c. Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of, and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
d. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, and all of which together shall constitute one and the same
instrument. This Agreement shall become binding upon the parties when one or more
counterparts, individually or taken together, shall bear the signatures of all parties.
e. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
f. Severability. Should any one or more of the provisions of this Agreement
be determined to be invalid, unlawful or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions of this Agreement shall not in any
way be impaired or affected.
g. Assignment or Delegation. Except as otherwise specifically set forth in
this Agreement, Buyer shall not assign all or any portion of its rights and obligations
contained in this Agreement without the express prior written approval of City, which
approval may be withheld in City's sole discretion.
h. Venue. The parties agree that, for purposes of any dispute in connection
with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and venue.
i. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for in this Agreement shall survive the closing date and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
This Agreement is executed effective as of the date set forth above.
Buyer- Hot Rod Motorcycles, Inc., d/b/a
City~
- ~ity of~
Muskegon _ =:--==:.
HotRodHa~~
By· ..- - a: <
N.a~~~gton By:
Tttle: Mayor Name: Carl MiSkOtten
Title: President
Attest:
~~~
Name: Linda Potter
Title: Deputy Clerk
C :\Documcnls and Settings\Mazade\Local Settings\Temporary Internet ~les\OLKD\CV0967 .DOC
Exhibit A
Legal Description for Premises
a landArnerica PRIVACY POLICY NOTICE
LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy of our
customers' personal information. This Notice explains the ways in which we may collect and use personal information under
the LandAmerica Privacy Policy.
LandAmerica provides title insurance and other real estate services through its alliliates. The three largest members ol the
LandAmerica family, Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation
Title Insurance Company, and their title alliliates, issue title policies and handle real estate closings across the country. You
may review a compl~te list of the LandAmerica family of affiliates covered by this Privacy Policy on our website at
http://www.landam.com under the privacy policy link or request a copy be sent to you from the address listed below. The
LandAmerica Privacy Policy applies to all LandAmerica customers, former customers and applicants. Please visit our
website for an explanation of our privacy practices relating to electronic communication.
What kinds of information we collect: Depending on the services you use, the types of information we may collect
from you, your lender, attorney, real estate broker, public records or from other sources include:
• information from forms and applications for services, such as your name, address and telephone number
• information about your transaction, including information about the real property you bought, sold or financed such as
address, cost, existing liens, easements, other title information and deeds
• with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also collect your social
security number as well as information from third parties including property appraisals, credit reports, loan applications, land
surveys, real estate tax information, escrow account balances, and sometimes bank account numbers or credit card account
numbers to facilitate the transaction, and
• information about your transactions and experiences as a customer of ours or our affiliated companies, such as products
or services purchased and payments made.
How we use and disclose this information: We use your information to provide you with the services, products
and insurance that you, your lender, attorney, or real estate brokers have requested. We disclose information to our
affiliates and unrelated companies as needed to carry out and service your transaction, to protect against fraud or
unauthorized transactions, for institutional risk control, to provide information to government and law enforcement agencies
and as otherwise permitted by law. As required to facilitate a transaction, our title affiliates record documents that are part
of your transaction in the public records as a legal requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their own use.
We do not share any information regarding your transaction that we obtain from third parties (including credit report
information) except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform marketing services
such as letter production and mailing on our behalf, or to other financial service companies (such as Insurance companies,
banks, mortgage brokers, credit companies) with whom we have joint marketing arrangements. Additionally, some
LandAmerica affiliates may share information about their transaction and experiences with you in order to identify
opportunities to market other LandAmerica services or products that may be useful to you.
How we protect your information: We maintain administrative, physical, electronic and procedural safeguards to
guard your nonpublic personal information. We reinforce our privacy policy with our employees and our contractors. Joint
marketers and third parties seiVice providers who have access to nonpublic personal information to provide marketing or
services on our behalf are required by contract to follow appropriate standards of security and confidentiality.
Title insurance agents may be covered by this policy: If your transaction goes through a title insurance agent that
is not part of the LandAmerica family, the agent handling your transaction should provide you with the agent's own privacy
policy or evidence that the agent has adopted our policy.
If you have any questions about this privacy statement or our practices at LandAmerica, please email us at
customerservice@landam.com or write us at: LandAmerlca Privacy, P.O. Box 27567, Richmond, VA 23261¥7567
Form 3391-6 (Effective June 2006)
Date: July 07 2006
Commitment No.: WMS1178
Property Address: 60 W. Western Ave, Muskegon, Michigan 49440
The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle Residence
Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is required by Public
Act 237 of 1994.
~The undersigned do not request that Transnation Title Insurance Company file the form on their behalf.
0 The undersigned have fully and properly completed the form and request that Transnation Title Insurance
Company file the form with the appropriate local tax collecting unit. The undersigned acknowledges and
agrees that the Company will mail the form by first class mail, and that the Company shall not be liable in the
event that any of the information provided on said form is inaccurate or incomplete, or in the event that said
form is not received or properly processed by the local tax collecting unit.
Sellers:
City of Muskegon, a
Municipal Corporation
Transnation Title Insurance Company
570 Seminole Rd Ste 102, Muskegon, MI 49444
Phone: 231-737-9111 Fax: 231-737-7304
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Teresa LaVigne Title No.: WMS1178
Date: 07/07/2006
SELLER'S SETTLEMENT STATEMENT
Seller(s): City of Muskegon, a Municipal Buyer(s): Muskegon Downtown Believers, LLC, a
Corporation Michigan Limited Liability Company
Property: 60 W. Western Ave
Muskegon, MI 49440
REVISED PlAT OF THE CITY OF MUSKEGON 1 Block 554etc
DEBIT CREDIT
Contract Sales Price $300,000.00
Personal Property
Earnest money held by seller $50,000.00
Commission Paid at Settlement $0.00
to
to
Settlement or closing fee to WEST MICHIGAN GROUP $200.00
Title insurance to LandAmerica Transnation $1,285.00
***** Sub Total $51,485.00 $300,000.00
Balance Due To Seller $248,515.00
Total $300,000.00 $300,000.00
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
Broker:
City of Muskegon 1 a
Municipal Corporation
By:
File No.: WMS1178
Sellers Settlement Statement
Commitment No: WMS1178
ADDENDUM TO PURCHASE AGREEMENT
Relative to the Purchase Agreement by and between City of Muskegon, a Municipal Corporation
as Seller(s) and Muskegon Downtown Believers, LLC, a Michigan Limited Liability Company as
Buyer(s) of property located at 60 W. Western Ave., MI dated 5/23/06, it is hereby agreed that
the said Purchase Agreement is amended as follows:
The complete legal description of the property as attached.
All other terms and conditions of said Purchase Agreement remain unchanged.
Date: _ _ JL_-___J'---""()=b_ _ __
City of Muskegon, a
Municipal Corporation
Muskegon Downtown Believers,
LLC, a Michigan Limited Liability
Company
Gil)~~
:m:
Carl Miskotten,
EXHIBIT A
File Number- WMS1178
Legal Description:
That part of Blocks 554, 555, 556, 557 and that part of vacated Market Su·eet, Water
Street, and Blake Street of the Revised Plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71, Muskegon County Records, further described as
follows:
Commence at the South most comer of said Block 556 for a point of beginning:
Thence North 61 degrees 13 minutes 00 seconds West along the Northeasterly line of
Ten·ace Street (Deed=North 62 degrees 44 minutes 00 seconds West), a distance of
449.24 feet to a point of curvature of a non-tangible curve; thence Northerly along a curve
to the right an arc distance of 324.83 feet to a point of tangency, (said curve data being:
Delta= 54 degrees 44 minutes 32 seconds, Radius= 339.98 feet, L.C. = 312.61 feet,
L.C.B. =North 23 degrees 05 minutes 02 seconds West) said line is along the North and
Easterly side of the proposed Terrace Street Connector; thence North 04 degrees 17
minutes 13 seconds East along the Easterly line of the proposed Terrace Street Connector,
a distance of 117.71 feet; thence South 85 degrees 42 minutes 47 seconds East along the
Southerly line of the proposed Shoreline Drive, a distance of 151.65 feet; thence South 85
degrees 42 minutes 47 seconds East, along the Southerly line of proposed Shoreline
Drive, a distance of 859.33 feet; thence South 40 degrees 42 minutes 48 seconds East
along the intersection of the proposed Pine Street Connector, a distance of 41.09 feet;
thence South 04 degrees 17 minutes 12 seconds West along the Westerly side of the
proposed Pine Street Connector, a distance of 130.00 feet to a point of curvature; thence
Southwesterly along a curve to the right, an arc distance of 120.56 feet (said curve data
being: Delta= 53 degrees 30 minutes 18 seconds, Radius= 129.42 feet, L.C. = 116.51
feet, L.C.B. =South 31 degrees 02 minutes 21 seconds West); thence South 32 degrees
12 minutes 30 seconds East, a distance of 3.48 feet to a point being located on the
Northerly line ofWestem Avenue; thence South 58 degrees 24 minutes 12 seconds West
along the Northwesterly line of Western Avenue, a distance of 121.37 feet; thence South
58 degrees 27 minutes 42 seconds West along the Northwesterly line of Westem Avenue,
a distance of 417.83 feet to a point of beginning.
Except Lots 1, 2 and 3, Block 555, Revised Plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71, Muskegon County Records, and the North 1h of
vacated Water Street, abutting said Lots 1, 2 and 3 of Block 555.
Also Except the following described parcel: Lots 9 thru 13 inclusive and part of Lots 2 thru 6 and
14 of Block 556, of the Revised Plat of 1903 of the City of Muskegon as recorded in Liber 3 of
Plats, Page 71, described as follows: Beginning at the South most corner of Block 556 of said
Revised Plat (also being the intersection of the Northwesterly right-of-way line of Western Avenue
and the Northerly right-of-way line of Terrace Street; thence North 61 degrees 13 minutes 00
TITLE SEARCH - Continued Page 2
File Number: WMS1178
seconds West along the Northerly right-of-way line of Terrace Street, a distance of 254.92 feet;
thence North 28 degrees 47 minutes 00 seconds East, a distance of 222.24 feet; thence South 61
degrees 13 minutes 00 seconds East, a distance of 269.90 feet; thence South 31 degrees 32
minutes 18 seconds East, a distance of 97.03 feet; thence South 58 degrees 27 minutes 42
seconds West along the Northwesterly right-of-way line of Western Avenue, a distance of 200.50
feet to the point of beginning.
BUYERS ACCEPT PROPERTY "AS IS"
Date: July 07, 2006
Property: 60 W. Western Ave
Muskegon, MI 49440
Commitment No.: WMS1178
We, the undersigned, being the buyers of the above captioned property, understand and
acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
or the condition thereof.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage relative thereto.
The foregoing agreement is hereby accepted and approved on July 07, 2006.
Muskegon Downtown Believers,
LLC, a Michigan Limited Liability
Company
~~
CONTINGENCY REMOVAL
Date: July 07, 2006
Property: 60 W. Western Ave
Muskegon, MI 49440
Seller(s): City of Muskegon, a Municipal Corporation
Buyer(s): Muskegon Downtown Believers, LLC, a Michigan Limited Liability Company
Commitment No.: WMS1178
In reference to the sales agreement dated 5/23/06 between the Buyer(s) and Seller(s)
herein identified, and all subsequent addendums to that agreement for the property stated above,
it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
been met, resolved or removed to the satisfaction of all parties concerned.
Further, the undersigned agree to indemnify, save and hold harmless and and
Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
relative thereto.
Muskegon Downtown Believers,
LLC, a Michigan Limited Liability
Company
Y.(~
City of Muskegon, a
Municipal Corporation
SURVEY WAIVER
Date: July 07, 2006
Property:60 W. Western Ave
Muskegon, MI 49440
Commitment No.: WMS1178
We, the undersigned, herein acknowledge that we have been strongly advised to obtain a
land survey showing the dimensions of the property and the location of all buildings situated
thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
pertaining to survey matters, including but not limited to size of lot or land, location of boundary
lines, locations of buildings and encroachments of any kind.
Muskegon Downtown Believers,
LLC, a Michigan Limited Liability
Company
~
Carl Miskotten, Member
AFFIDAVIT BY OWNER/SELLER/BORROWER
The undersigned is an authorized representative of the owner/seller/borrower who personally knows the facts
relative to the matters attested herein. The undersigned, as an authorized representative of the
owner/seller/borrower, attests that he/she is empowered by the owner/seller/borrower to bind the
owner/seller/borrower to the representations and undertakings made herein. The undersigned being first
duly sworn on oath, deposes, states and warrants as follows:
1. That Affiant is the owner of the real estate referred to in Transnation Title Insurance Company
Commitment No. WMS1178 above-referenced.
2. The Affiant is in sole possession of said property, and there are no unrecorded deeds, mortgages,
leases, easements, land contracts for sale, purchase agreements or options except:
none
3. The Affiant has not negotiated to convey or assign any water, mineral or oil rights relative to said
property.
4. The Affiant's has no knowledge of any covenants, conditions or restrictions of record affecting the
Property, other than what is recorded, or unrecorded easements or claims of easements affecting said
property.
5. That the Affiant is not aware of any boundary line disputes with any abutting property owners as to
the location of property lines, nor is the owner/seller/borrower aware of any encroachments of their
improvements onto the lands of any adjoining property owners or onto any easements. Likewise, the
owner/seller/borrower is not aware of any improvements of adjoining owners encroaching onto said
land.
6. That no work has been performed or materials delivered to said property for a period of (120) days
prior to the date of this affidavit, and if any work has been performed or materials delivered during
said 120 day period, proper sworn statements and waiver of liens showing payment or release of
lien rights have been obtained and submitted to Transnatlon Title Insurance Company for its
approval.
7. That the Affiant is not aware of any improvements made, or to be made, to said land, including, but
not limited to, sidewalk, curb or street repairs or replacements, weed cutting, debris removal etc.,
that would result in an assessment or bill to the premises, except as addressed in the purchase
agreement.
8. There are no other mortgages, equity loans, revolving credit loans, bridge loans, remodeling loans,
judgment liens or tax liens affecting said property, except as set forth in the above-referenced title
commitment.
9. There are no proceedings in bankruptcy or receivership by or against the owner/seller/borrower,
which are now pending, nor have the owners made any assignment for the benefit of creditors.
File No: WMS1178
In the event that any of the representations made herein prove to be incorrect, for any reason, and a claim Is
made by third party with respect to these matters, Affiant agrees to indemnify and hold harmless
Transnatlon Title Insurance Company from all claims and damages, Including litigation costs and attorney
fees arising as the result of such claim.
AFFIANT:
City of Muskegon, a
Municipal Corporation
STATE OF MICHIGAN
subscribed in my presence on July 07, 2006.
Pr' Name:
Notary Public Muskegon County, Michigan
Acting in County
My commission expires: _ _ _ _ _ __
TERESA f.AVICilNE
No!llry Public, Muskegon County, Mlllhlgan
Acting in Muskegon County
My Commission Expires: 6/22/12
Page 2 of2
QillT-CLAIM DEED
KNOW ALL MEN BY TIIESE PRESENTS: That the CITY OF MUSKEGON ("Seller"), a municipal
corporation, of933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAWS to MUSKEGON DOWNTOWN BELIEVERS, LLC (Buyer), a Michigan corporation, of 590
Ottawa Street, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
[See Exhibit "A" Attached)
for the sum of Three Hundred Thousand Dollars ($300,000.00)
PROVIDED, HOWEVER, Buyer, or its assigns, shall construct on the Premises buildings which will house a
Harley Davidson Motorcycle dealership and showroom, along with such other premises to house a new car
dealership. Construction of the buildings, which will need to comply with applicable zoning ordinances and
required site plan review, shall be qualified for the issuance by the City of a Certificale of Occupancy or Compliance ,
no later than 24 months after the date Buyer obtains zoning and site plan approval or 30 months after the date of
closing on this Agreement, whichever occurs first ("Certification Period"). In the event the Certificate has not been
issued within the Certification Period, the Premises, excluding property where a Certificate of Occupancy or
Compliance has been issued for the Harley Davidson Motorcycle dealership and showroom and/or new car
dealership, and all improvements then installed shall revert in title to the City, without any compensation or credit to
the Buyer.
Notwithstanding the foregoing, in the event that Buyer has not received a Certificate of Occupancy or Compliance
for the Harley Davidson Motorcycle dealership and showroom and/or new car dealership, and all other
improvements then installed within the Certification Period, but Buyer has, in fact, substantially completed all such
construction on a particular building within the Premises, all such improvements shall not revert to the City. Buyer
agrees to diligently and expeditiously continue to take all actions necessary to proceed toward obtaining Certificates
of Occupancy or Compliance for all such buildings that have been substantially completed as of the date of
expiration of the Certification Period.
This deed is subject to those representations and wananties, which survive closing, provided for in the Purchase
Agreement between the parties dated May 23, 2006.
These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ___i_p_ day of 9~ '2006.
Signed in the presence of:
Signed and sworn to before me in Muskegon County, Michigan, on l - ~ , 2006, by
STEPHEN J. WARMINGTON and LINDA POTTER, the Mayor and Deputy City Clerk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
~,Lm tf14A~\Jl0 .siG:
PREPARED BY: John C. Schrier Al'"lo flY\. t-!f'v Js@otaryPublic
Parmenter O'Toole Acting in the County of()\ v ~ \<' ~9 c 10
601 Terrace Street/P.O. Box 786 i'Y) u ~ r{'tl 4 o ~ County, Michigan
Muskegon, MI 49443-0786 My Conrm. Expires: D.'S -I ::, . . . dD l :A
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO; Grantee
0;\Pianning\COMMON\Property\Bulldable Lot Sales\Terraoo Lots 2006\deed.OOC
Exhibit A
Legal Description for Premises
CITY OF MUSKEGON
REVISED PLAT OF 1903
PART OF BLKS 554 555 556 557
& THAT PART OF VAC MARKET ST
WATER ST & BLAKE ST
DESCASFOL
COM AT S MOST COR SD BLK 556 FOR POB
TH N 61D 13M OOS W ALG NELY LN TERRACE ST (DEED~N62D 44M OOS W)
A DIST OF 449.24 FT TO APT OF CURVATURE OF A NON-TANGIBLE CURVE
TH NLY ALGA CURVE TORT AN ARC DIST OF 324.83 FT TO APT
(SD CURVE DATA BEING DELTA=54D 44M 32S R~ 339.98 FT LC~ 321.61 FT
LCB~N23D 05M 02S W)
SD LN IS ALG N & ELY SIDE OF PROP SED TERRACE ST CONNECTOR
TH N 04D 17M 13S E ALG ELY LN OF PROPOSED TERRACE ST CONNECTOR A DIST
OF 117.71 FT
TH S 85D42M 47S EALG SLYLN OF PROPOSED SHORELINEDRAD!ST OF 151.65 FT
TH S 85D 42M 47S E ALG SLY LN OF PROPOSED SHORELINE DR A DIST OF 859.33 FT
TH S 40D 42M 48S E ALG !NT OF PROPOSED PINE ST CONNECTOR A DIST OF 41.09 FT
TH S 04D 17M 12S W ALG WLY SIDE OF PROPOSED PINE ST CONNECTOR A DIST OF
130FT TO A POC
TH SWLY ALGA CURVE TORT AN ARC DIST OF 120.86 .
(SD CURVE DATA BEING- DELTA~53D 30M 18S R~l29.42 FT
LC~ 116.51 FTLCB ~ S31D 02M 21S W)
TH S 32D 12M 30S E A DIST OF 3.48 FT TO APT LOCATED ON NLY LN OF WESTERN
AVE
TH S 58D 24M 12S W ALGNWLYLNOFWESTERHAVEADIST OF 121.37 FT
TH S 58D 27M 42S W ALG NWLY LN WESTERN AVE A D!ST OF 417.83 FT TO POB
SUBJ TO ALL EASEMENTS OR RESERVATIONS OF RECORD OR APPARENT TH'OF
EXC
LOTS 1 THRU 3 & N y, WATER ST VAC ABUTTING SD LOTS BLK 555
SUB TO ESMTS OF RECORD RECOR'D L3517/P983
EXC
LOTS 9 THRU 13 INCLUSIVE AND PART OF LOTS 2 THRU 6 AND 14 OF BLOCK 556,
OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON AS RECORDED IN
LIBER 3 OF PLATS, PAGE 71, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH MOST CORNER OF BLOCK 556 OF SAID REVISED PLAT
(ALSO BEING THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF WESTERN AVENUE AND THE NORTHERLY RIGHT-OF-WAY LINE OF TERRACE
STREET;
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF TERRACE STREET, A DISTANCE OF 254.92
FEET;
THENCE NORTH 28 DEGREES 47 MINUTES 00 SECONDS EAST, A DISTANCE OF
222.24 FEET;
THENCE SOUTH 61 DEGREES 13 MINUTES 00 SECONDS EAST, A DISTANCE OF 269.90
FEET;
THENCE SOUTH 31 DEGREES 32 MINUTES 18 SECONDS EAST, A DISTANCE OF 97.03
FEET;
THENCE SOUTH 58 DEGREES 27 MINUTES 42 SECONDS WEST ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF WESTERN AVENUE, A DISTANCE OF
200.50 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 68,046 SQUARE FEET OR 1.56 ACRES, MORE OR LESS.
WMS1178
r...~ landAmerica·
• Transnation
COMMITMENT FOR TITLE INSURANCE
Schedule A
Ref: 60 W. Western Ave
Effective Date: June 16, 2006 at os:oo pm Commitment No.: WMS1178
Revision No. 1
2. Policy or Policies to be issued:
ALTA Owner's Policy- 10/17/92
Proposed Insured: Hot Rod Motorcycles, Inc., a Michigan Corporation dba Hot
Rod Harley Davidson
Amount: $300,000.00
3. The estate or interest in the land described or referred to in this Commitment
and covered herein is Fee Simple and is, at the effective date hereof, vested in:
City of Muskegon, a Municipal Corporation
4. The land referred to in this Commitment is located in the City of Muskegon,
County of Muskegon, State of Michigan, and is described as follows:
SEE ATTACHED EXHIBIT "A"
Page 1 of 5
Sch.A- Commitment for Title Insurance
WMS1178 Revision No. 1
Exhibit "A"
That part of Blocks 554, 555, 556, 557 and that part of vacated Market Street, Water Street,
and Blake Street of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3
of Plats, Page 71, Muskegon County Records, further described as follows:
Commence at the South most corner of said Block 556 for a point of beginning:
Thence North 61 degrees 13 minutes 00 seconds West along the Northeasterly line of Terrace
Street (Deed=North 62 degrees 44 minutes 00 seconds West), a distance of 449.24 feet to a
point of curvature of a non-tangible curve; thence Northerly along a curve to the right an arc
distance of 324.83 feet to a point of tangency, (said curve data being: Delta = 54 degrees 44
minutes 32 seconds, Radius= 339.98 feet, L.C. = 312.61 feet, L.C.B. = North 23 degrees 05
minutes 02 seconds West) said line is along the North and Easterly side of the proposed
Terrace Street Connector; thence North 04 degrees 17 minutes 13 seconds East along the
Easterly line of the proposed Terrace Street Connector, a distance of 117.71 feet; thence
South 85 degrees 42 minutes 47 seconds East along the Southerly line of the proposed
Shoreline Drive, a distance of 151.65 feet; thence South 85 degrees 42 minutes 47 seconds
East, along the Southerly line of proposed Shoreline Drive, a distance of 859.33 feet; thence
South 40 degrees 42 minutes 48 seconds East along the intersection of the proposed Pine
Street Connector, a distance of 41.09 feet; thence South 04 degrees 17 minutes 12 seconds
West along the Westerly side of the proposed Pine Street Connector, a distance of 130.00 feet
to a point of curvature; thence Southwesterly along a curve to the right, an arc distance of
120.56 feet (said curve data being: Delta = 53 degrees 30 minutes 18 seconds, Radius =
129.42 feet, L.C. = 116.51 feet, L.C.B. = South 31 degrees 02 minutes 21 seconds West);
thence South 32 degrees 12 minutes 30 seconds East, a distance of 3.48 feet to a point being
located on the Northerly line of Western Avenue; thence South 58 degrees 24 minutes 12
seconds West along the Northwesterly line of Western' Avenue, a distance of 121.37 feet;
thence South 58 degrees 27 minutes 42 seconds West along the Northwesterly line of Western
Avenue, a distance of 417.83 feet to a point of beginning.
Except Lots 1, 2 and 3, Block 555, Revised Plat (of 1903) of the City of Muskegon, as recorded
in l.iber 3 of Plats, Page 71, Muskegon County Records, and the North V2 of vacated Water
Street, abutting said Lots 1, 2 and 3 of Block 555.
Also Except the following described parcel: Lots 9 thru 13 inclusive and part of Lots 2 thru 6
ancl 14 of Block 556, of the Revised Plat of 1903 of the City of Muskegon as recorded in Liber 3
of Plats, Page 71, described as follows: Beginning at the South most corner of Block 556 of
said Revised Plat (also being the intersection of the Northwesterly right-of-way line of Western
Avenue and the Northerly right-of-way line of Terrace Street; thence North 61 degrees 13
minutes 00 seconds West along the Northerly right-of-way line of Terrace Street, a distance of
254.92 feet; thence North 28degrees 47 minutes 00 seconds East, a distance of 222.24 feet;
thence South 61 degrees 13 minutes 00 seconds East, a distance of 269.90 feet; thence South
31 degrees 32 minutes 18 seconds East, a distance of 97.03 feet; thence South 58 degrees 27
minutes 42 seconds West along the Northwesterly right-of-way line of Western Avenue a
distance of 200.50 feet to the point of beginning. . uJ'Jf J~"
'
0
~" "'
~ 0 )
~tf'' 1o 1'> "-1 <::;J-F e+l~~~
Yf\>\.... t
•J?
i ~
~ '"7/)~t-, J~
/~" I I" r:u'(-f . \\'" .0 • \,L ;} .
I oY? \Y,;rh v-:."'' \)<..+-' .
Co
'\
6t:
,\-'V-
chi I
j1•'
rto'~~ -1--"·i<
'I 'f ~
1 if//), . fP
Sch.A- Commitment for Title Insurance 0-\ ' ~-- ( l \:b'1 ,y· Page 2 of 5
tl'll r . •r () O•
'tOf .-0
1- 1
\Y ,......
N<> \I~"J rtfl~
0""
WMS1178 Revision No. 1
water/sewer usage, infractions and invoices, prior to close for payoff amounts.
NOTE: In the event that the Commitment Jacket is not attached hereto, all of the
terms, conditions and provisions contained in said Jacket are incorporated herein.
The Commitment Jacket is available for inspection at any Company office.
Page 4 of 5
Sch.B I -Commitment for Title Insurance
WMS1178 Revision No. 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B- SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exception to the
following unless the same are disposed of to the satisfaction of the Company.
1. Standard exceptions set forth in jacket.
2. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires for value of record the estate or
interest or mortgage thereon covered by this commitment.
3. Taxes and assessments that become a lien against the property after date of
closing. The Company assumes no liability for tax increases occasioned by
retroactive revaluation, changes in the land usage or loss of any principal residence
exemption status for the insured premises.
4. Reservation of easement in the vacated streets and alleys as evidenced by the
instrument recorded July 23, 1945 in Liber 89 of Miscellaneous Records, Page 575.
5. Reservation of easement in the vacated streets and alleys as evidenced by the
instrument recorded July 16, 1945 in Liber 89 of Miscellaneous Records, Page 538.
6. Reservation of easement in the vacated streets and alleys as evidenced by the
instrument recorded March 11, 1971 in Liber 956, Page 557.
7. Easement granted to Consumers Energy Company recorded in Liber 90M, Page
187.
8. Easement granted to Michigan Consolidated Gas Company recorded in Liber 118M,
Pages 358-363, inclusive and in Liber 118M, Pages 364-370, inclusive.
9. Easement granted to Consumers Energy Company recorded in Liber 1095, Page
625 and 626.
10. Easement for Right of Way purposes vested in GTE North, Inc. by instrument
recorded in Liber 1524, Page 606.
JS/mrl
Page 5 of 5
Sch. B II - Commitment for Title Insurance
DATE: May 15, 2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
Dangerous Building Case#: EN-060012 Address: 375 Jackson Ave.
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 375 Jackson is unsafe,
substandard, a public nuisance and that it be demolished within thirty (30) days. It is further
requested that administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-060012- 375 Jackson
Location and ownership: This structure is located on Jackson Avenue between Wood and
Octavius streets and is owned by Mortgage Electronic Registration, 636 Grand Regency
Blvd., Brandon, FL, 33510.
Staff Correspondence: A dangerous building inspection was conducted on 03/01/06. The
notice and order to repair was issued on 03/02/06. Case came before HBA in 04/06/06 and
was declared substandard, dangerous and a public nuisance.
Owner Contact: There has been no owner contact, no permits issued and no inspections
scheduled.
Financial Impact: General
Budget action required: None
State Equalized value: 28,000
Estimated cost to repair: $10,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.
City Commission Recommendation: The commission will consider this item at it's meeting
Tuesday, May 23, 2006.
C:\Documents and Settings\Pottcr\Local SettingsU'emporary Internet Files\OLKlA\AGENDA ~375 Jackson Ave .doc page 1 of 1
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION REPORT
Thursday, March 2, 2006
Enforcement# EN060012 Property Address 375 JACKSON AVE Parcel
#24-205-150-0001-00 Owner MORTGAGE ELECTRONIC REGISTRATION
Inspector: Henry Faltinowski
Date completed: 03/02/2006
DEFICENCIES:
Uncorrected
1. Front home addition collapsed.
2. Front door over hang rotted needs to be replaced to code 2003 MRC.
3. Scrape and paint home (exterior).
Request interior inspection by all trades, electrical, mechanical and plumbing.
Please contact Inspection Services with any questions or to schedule an inspection
at 933 Terrace St., Muskegon, Ml49440 (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
DATE: May 15,2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-060002
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
585 Catherine- AREA 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-060002 - 585 Catherine
Location and ownership: This structure is located on Catherine between Maple
St and Chestnut and is owned by Rose Land and Finance Corp and Gary A. Link
on a Land Contract.
Staff Correspondence: A dangerous building inspection was conducted on
01/9/06. The Notice and Order to Repair was issued on 01/20/06. An interior
inspection was conducted on 03/13/06. On 03/02/06 the HBA declared the
structure substandard and dangerous.
Owner Contact: The owner was not present for the HBA meeting dated 03/02/06
but scheduled an interior inspection 03/13/06. No permits have been issued and
no owner contact since that time.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $12,200
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 23, 2006.
C:\Documents and Settings\Potter\Local SettingslJ'emporary Internet Files'OLKIA\AGENDA- 585 Catherine. doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, January 11, 2006
Enforcement# EN060002 Property Address 585 CATHERINE AVE
Parcel #24-205-081-0001-00 Owner FIRST NATIONAL ACCEPTANCE CO
Inspector: Henry Faltinowski
Date completed: 01/09/2006
DEFICENCIES:
Uncorrected
1. Roof covering being installed incorrectly with no permits.
2. Additions on back of home has open fascia, rotting siding.
3. Power has been disconnected from home.
4. Broken windows.
5. Interior inspection requested by trade inspectors for complete report on
condition of home.
6. Debris left in yard.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
City of Muskegon
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
(231) 724-6715
Thursday, March 16, 2006
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 585 CATHERINE AVE Parcel# 24-205-081-0001-00
Owner: FIRST NATIONAL ACCEPTANCE CO
Inspection Type: DB Interior Inspection Inspector: Henry Faltinowski
Date completed: 03/13/2006
Uncorrected Interior Inspection Conducted 03/13/06
1. Must have heat source.
2. Must have water heater.
3. Must have a bathroom group.
4. Bathroom to have vent fan.
5. Must have kitchen group.
6. Insure chimney is in good shape.
7. Hose spigot to have vacuum breaker.
8. Insure drainlines are clear & working.
9. Insure living spaces are heated to 68 degrees.
10. All plumbing to conform with 2003 Mich Plumbing Code.
11. All Mechanical to conform with 2003 Michigan Mechanical Code.
12. Rewire house to 2003 MRC.
13. Replace electric service to 2003 MRC.
14. Install smoke alarms to 2003 MRC.
15. Rebuild floor using treated wood floor joists-bathroom meet proper loading - span.
16. Upstairs must remain attic- no bedrooms.
17. Replace windows, door, flooring, walls, ceiling.
18. Replace damaged footing around home perimeter.
19. Smoke alarms per code.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
HENRY FALTINOWSKI BUILDING INSPECTOR DATE
Sign up for City of Muskegon Emails