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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 9, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Muskegon Lake Research Endowment Fund. CITY CLERK
c. Appointments to Various Boards/Committees. CITY CLERK
d. Sale of Buildable Vacant Lot on James Avenue. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Non-Buildable Lot at 696 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Disbursement of Surplus County Sewer Bond Funds. FINANCE DIRECTOR
g. City-MDOT Agreement for Shoreline Drive. ENGINEERING
h. Balancing Change Order for the Lakefront Project. ENGINEERING
• PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
b. Resolution Revoking a Personal Property Industrial Development
Certificate - Burgess-Norton Mfg. Co. PLANNING & ECONOMIC
DEVELOPMENT
c. Create a Special Assessment District for Strong Avenue. Jefferson to
Peck. ENGINEERING
d. Create a Special Assessment District for Campus Avenue. Jefferson to
Washington. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Brownfield Redevelooment Grant/Loan. PLANNING & ECONOMIC
DEVELOPMENT
b. Approval of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
c. FIRST READING: Public Safety Administration Ordinances. CITY
MANAGER
d. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
1. 207 E. Walton - Area 11
2. 1785 Mcilwraith
3. 433-435 E. Isabella - Area 11
• ANY OTHER BUSINESS:
• 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 foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 1O 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 GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: March 9, 2004
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, February 24, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 9, 2004
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 5:30 p.m., Tuesday, March 09,
2004.
Mayor Warmington opened the meeting with a prayer from Commissioner
Gawron after which the Commission and Public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners
Kevin Davis, Stephen Gawron, Lawrence Spataro and Chris Carter, City
Manager Bryon Mazade, City Attorney John Schrier and Deputy City Clerk Linda
Potter. Commissioner Clara Shepherd absent (excused).
2004-25 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, February 24, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes
b. Muskegon Lake Research Endowment Fund. CITY CLERK
SUMMARY OF REQUEST: To adopt the Resolution of Support for the Muskegon
Lake Research Endowment Fund which has enabled an ongoing study of
Muskegon Lake.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
c. Appointments to Various Boards/Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation of Jon Osborn from the
Citizen's Police Review Board and to appoint the following individuals to City
boards/committees.
Adelia Winchel to the Citizen's Police Review Board to fill the unexpired term left
by the resignation of Jon Osborn. (1 /31 /05)
Patsy Petty to the Board of Canvassers as a Democrat. (1/31/08)
Alan M. Majeski to the Construction Code Board of Appeals for the Architect
position. (1/31/06)
Robert Lowder to the Construction Code Board of Appeals for the Electrical
position. (1/31/06)
Reappointment of Tom Freye to the Construction Code Board of Appeals for the
Plumbing position. ( 1/31 /06)
Reappointment of David Glotzbach to the Construction Code Board of Appeals
for the Fire position. ( 1/31 /06)
Reappointment of Michael Kleaveland to the Downtown Development
Authority/Brownfield Redevelopment Authority Board as a member who has an
interest in the property in the district. ( 1/31 /08)
Andrea Riegler to the Public Relations Committee. ( 1/31 /05)
Cedric Jenkins to the Public Relations Committee. ( 1/31 /06)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve appointments as recommended.
d. Sale of Buildable Vacant Lot on James Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1431
James Ave. (Parcel #24-611-000-0347-00) to Galloway Homes, L.L.C., of 570 W.
Broadway, Muskegon, Ml. The lot is 82 x 132 ft. and is being offered to Galloway
Homes for $6,750. The home will contain 3 bedrooms, a full basement, and a 2-
stall attached garage. The True Cash Value (TCV) for the property listed in the
Assessor's office is $9,000, so our price is set at $6,750 which is 75% of that
amount.
FINANCIAL IMPACT: The sale this lot for construction of a new home will generate
additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
e. Sale of Non-Buildable Lot at 696 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 696
Marquette Ave. (Parcel #24-765-003-0051-00) to Charles & Lisa Hippchen, 686
Marquette Avenue and Patrick & Julia Stone, 704 Marquette Ave., Muskegon,
Ml. Approval of this sale will allow the Hippchens to have a home located on a
buildable lot, as well as allowing both property owners to expand their current
yards. As is required by City policy, the subject parcel is being offered for $1,
and will be split between the Hippchens and the Stones under the Dollar Lot
Policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
f. Disbursement of Surplus County Sewer Bond Funds. FINANCE DIRECTOR
SUMMARY OF REQUEST: Muskegon County has on hand funds (approximately
$400,000) remaining from a retired wastewater system bond issue and has asked
local units to submit a formal commission action electing how they wish to
receive their share of these funds. The City's share of the money is
approximately $123,000 and the City may elect to receive this amount either in
cash or have it applied toward future sewage treatment charges. Staff
recommends that the City Commission adopt a motion to receive cash
payment.
FINANCIAL IMPACT: Funds will be deposited to the City's sewer fund and used to
offset system operating costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt motion to receive cash payment from the
County.
g. City-MOOT Agreement for Shoreline Drive. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT amending
agreement No. 02-5019 for the Shoreline Dr. funding which was previously
approved. The amendment allows for the construction of Western Ave.,
between Pine & Terrace to be eligible for funding from the $11,850,000 grant the
City received for the Shoreline Dr. Project. Funding of the Western Ave. will be
limited to the extent grant money is available. In the mean time, a special
assessment district will be proposed for that street in the event grant funds are
not enough.
FINANCIAL IMPACT: The estimated cost of reconstructing Western Ave.,
$100,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: That the agreement and resolution be approved.
h. Balancing Change Order for the Lakefront Project. ENGINEERING
SUMMARY OF REQUEST: Approve the final estimate on the Lakefront
Development project. The final cost of the contract with Jackson Merkey has
reached a total of $1,657,878.45 which is $417, 720.80 over the awarded amount
of $1,240,157.65. The overages are attributed to the site conditions as described
in the memo.
FINANCIAL IMPACT: The total cost of the project is part of the consent special
assessment between the City & Lakefront LLC and will be repaid by the
developer over time.
BUDGET ACTION REQUIRED: None. The overage was taken into account when
the final 2003 budget revision was adopted.
STAFF RECOMMENDATION: Approve the final estimate.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
MOTION PASSED
2004-26 PUBLIC HEARINGS:
a. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinance for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 23,
2004, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened at 5:42pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Larson, second by Commissioner Carter to close the
Public Hearing at 5:43pm and adopt the resolution recommending non-renewal
of those liquor license establishments who are in violation of Section 50- 146 and
50-147 of the Code of Ordinance for the City of Muskegon and that if any of
these establishment come into compliance by March 23, 2004, they will be
removed from the resolution.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
Nays: None
Absent: Shepherd
MOTION PASSED
b. Resolution Revoking a Personal Property Industrial Development
Certificate - Burgess-Norton Mfg. Co. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974 as amended, the City
of Muskegon requests that the personal property component of Industrial
Development Certificate No. 96-7 41 issued to Burgess-Norton Manufacturing,
Co. be revoked. The certificate was originally requested October 22, 1996 by
Burgess-Norton Manufacturing Co. Burgess-Norton ceased operations in 2003
and the building has been sold to Re-Source Industries, Inc.
FINANCIAL IMPACT: Burgess-Norton and the City came to an agreement in 2003
for reimbursement of a portion of the abated taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and authorize the Mayor
and Clerk to sign the resolution revoking the personal property component of IFT
Certificate No. 96-7 41.
The Public Hearing opened at 5:44pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Gawron, second by Commissioner Davis to close the
.Public Hearing at 5:45pm and to authorize the Mayor and Clerk to sign the
resolution revoking the personal property component of IFT Certificate No. 96-
741 issued to Burgess-Norton Manufacturing, Co.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
c. Create a Special Assessment District for Strong Avenue. Jefferson to
Peck. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Strong Ave., from Jefferson St., to Peck St., and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:46pm to hear comments from the public.
Comments in opposition were heard from Jeff representing St. Jean Church at
1292 Jefferson Ave.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:48pm and to approve the special assessment district of
Strong Ave., from Jefferson St., to Peck St., and appoint two City Commissioners
(Shepherd and Gawron) to the Board of Assessors.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
d. Create a Special Assessment District for Campus Avenue. Jefferson to
Washington. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Campus Ave., from Jefferson St., to Washington St., and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:50pm to hear comments from the public.
Concerns of accessibility to where car was to park was heard from Victoria of
125 Campus Ave.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:48pm and to approve the special assessment district of
Campus Ave., Jefferson to Washington., and appoint two City Commissioners
(Shepherd and Gawron) to the Board of Assessors.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Spataro
Nays: None
Absent: Shepherd
MOTION PASSED
2004-27 COMMUNICATIONS:
City Attorney John Schrier distributed a handout and commented on the Cable
Franchise Agreement litigation decision.
2004-28 NEW BUSINESS:
a. Brownfield Redevelopment Grant/Loan. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Anne Couture, our Brownfield Consultant, is working with
the City to secure a Brownfield Redevelopment Grant from the Michigan
Department of Environmental Quality (MDEQ). The grant request will be for
$1,000,000. It is anticipated that $500,000 will be for Environmental Site
Assessments (similar to our current site assessment funds, focused along the
Downtown Muskegon Shoreline, but with an expanded target area to include
properties along Ottawa Street, the Lakeside Business District, Seaway Industrial
Park, Port City Industrial Park and the Medendorp Industrial Center) and
$500,000 will be for Due Care Response activities in these same targeted areas.
FINANCIAL IMPACT: If approved for the grant/loan, the funds will be used to
perform site assessments for properties being developed, as well as due care
response activities (if necessary) on those properties. The MEDQ is encouraging
communities to apply for both grants and loans. However, if MDEQ offered a
loan, rather than a grant, the City could determine at that time whether we
want to proceed. If we do have a portion as a loan, we could consider the use
of Brownfield Tax Increment Financing to reimburse the loan amount. The grant
amount being applied for is up to $1 Million.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Carter, second by Vice Mayor Larson to authorize
Brownfield consultant Anne Couture to secure a Brownfield Redevelopment
Grant from the Michigan Department of Environmental Quality and approve the
Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington
Nays: None
Absent: Shepherd
MOTION PASSED
b. Approval of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A Request for Proposals (RFP) was recently put out by
the Planning Department for marketing of the property in Seaway Industrial Park.
The purpose of the RFP was to expose these properties to a wider market than is
currently possible by City staff. Two real estate agencies submitted proposals,
which were reviewed by City staff. The two agencies were also interviewed as
part of the process. Of the two proposals, C & A Commercial Real Estate's
proposal stood out with unique ideas for marketing, as well as flexibility and
willingness to put City property first on their priority list when marketing. C & A
Commercial Real Estate is also willing as part of this agreement to market
another City-owned industrial piece of property at 1537 S. Getty St.
FINANCIAL IMPACT: The timely sale and development of these properties will
bring more jobs to Muskegon in the near future, thus additional income tax
being generated.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
Motion by Commissioner Davis, second by Commissioner Gawron to approve
the Contract to Market Seaway Industrial Park and authorize the Mayor and
Clerk to sign resolution.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter
Nays: None
Absent: Shepherd
MOTION PASSED
c. FIRST READING: Public Safety Administration Ordinances. CITY
MANAGER
SUMMARY OF REQUEST: To adopt three ordinances to implement the proposed
Public Safety Administrative Consolidation.
FINANCIAL IMPACT: First year savings of over $100,000.
BUDGET ACTION REQUIRED: The savings will be accounted for in a future
quarterly budget update.
STAFF RECOMMENDATION: To approve the ordinances.
COMMITTEE RECOMMENDATION: The City Commission endorsed the
consolidation concept on February 24, 2004.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
three Public Safety Administration Ordinances.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
MOTION PASSED (REQUIRES SECOND READING)
d. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures at 207 E. Walton,
1785 Mcilwraith, and 433-435 E. Isabella are unsafe, substandard, public
nuisances and that they be demolished within thirty (30) days. It is further
requested that the Mayor and City Clerk be authorized and directed to execute
a contract for demolition with the lowest responsible bidder.
1. 433-435 E. Isabella
CASE# & PROJECT ADDRESS: #EN-030177 Address: 433 E. Isabella
LOCATION AND OWNERSHIP: This structure is located on E. Isabella between
Wood and Williams and is owned by Tameka Scott. It was previously owned by
Earl Morris, her deceased father.
STAFF CORRESPONDENCE: This case began with a police report forwarded to
the Inspection Department due to conditions in the house. A dangerous
building inspection was conducted 11 /20/03 and Notice and Order to repair or
remove issued 12/3/03. On 1/8/04 the HBA declared the structure substandard
and dangerous. An interior inspection was conducted 1/16/04. A memo stating
permits should be pulled within 2 weeks was sent 1/29 /04 with the interior
inspection report.
OWNER CONTACT: On 1/12/04 a friend of Tameka Scott called and asked about
the posting on the house. An interior inspection was scheduled on that date for
1/14/04. No one showed for that inspection and it was rescheduled for 1/16/04
and was conducted on that date. There has been no contact since.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $24,300
ESTIMATED COST OF REPAIRS: $8,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals decision to demolish 433-435 E. Isabella and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
Nays: None
Absent: Shepherd
MOTION PASSED
2. 207 E. Walton
CASE# & PROJECT ADDRESS: #EN-030176 Address: 207 E. Walton
LOCATION AND OWNERSHIP: This structure is located on Walton between
Murphy and Rathborne and is owned by Sidney & Patricia Norman of Muskegon
Heights
STAFF CORRESPONDENCE: A dangerous building inspection report was written
11 /20/03 and a Notice and Order to repair or remove was issued 12/3/03. On
2/9/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from the owners
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEY: $9,600
ESTIMATED COST OF REPAIRS: $6,000 plus the cost for interior repairs.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 207 E. Walton and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
3. 1785 Mcllwraith
CASE# & PROJECT ADDRESS: #EN-030082 Address: 1785 Mcilwraith
LOCATION AND OWNERSHIP: This structure is located on Mcilwraith, on the NW
corner of Laketon and Mcilwraith. It is owned by Harold and Shelly Larabee.
STAFF CORRESPONDENCE: This case began with the garage being written as
dangerous on 9/11 /02 and the house was added 10/14/02. An interior
inspection was conducted 1/7 /03. A Notice and Order to repair or remove was
issued 12/4/02 and a building permit for repair to the garage and exterior of the
house was pulled by the owner on 12/19/92. The permit expired 2/19/03. On
2/6/03 the HBA heard the case and tabled it until July 2003 to give the owner
time to complete the repairs. At that time Mr. Larabee stated he would be living
in the house when he wasn't out of town for work. Previously, the house had
been a rental. On 4/30/03 a building permit was again issued to the owner and
expired 7/1 /03. On 8/7 /03 the case was brought back before the HBA and the
structure was declared dangerous and substandard.
OWNER CONTACT: The owners have been in contact with the Inspection office
throughout the process and first stated they intended to complete the repairs.
In October 2003 they stated they were selling the house. They also obtained
information about completing the demolition on their own in October 2003 and
were given until 11 /03 to complete the demolition. There has been no contact
since that date.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $14,000
ESTIMATED COST OF REPAIRS: $12,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Spataro to concur
with the Housing Board of Appeals decision to demolish 1785 Mcilwraith and
authorize the Mayor and Clerk to execute a contract for demolition with the
lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
Nays: None
Absent: Shepherd
MOTION PASSED
The Regular Commission meeting for the City of Muskegon was adjourned at
6:30pm.
Respectfully submitted,
~a-~·~
Gail A. Kundinger, MMC
City Clerk
Date: March 9, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Muskegon Lake Research Endowment Fund
Resolution of Support
SUMMARY OF REQUEST: To adopt the Resolution of Support for the
Muskegon Lake Research Endowment Fund which has enabled an
ongoing study of Muskegon Lake.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
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February 2, 2004
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Committee
Mr. Bryon Mazade
City Manager
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Members City of Muskegon
PO Box 5th Street
Roger Andersen, Muskegon, MI49443
Co-Chair
Dr. Bill Schroeder, Dear Mr. Mazade:
Co-Chair
Arn Boezaart
Dr, Mike Bozym
Recently, the Community Foundation for Muskegon County, in partnership with the Grand Valley State University
Dr. Mike Cerminaro Annis Water Resources Institute (A WR!), established a new fund to enable an ongoing study of Muskegon Lake.
Roland Crummel The Muskegon Lake Research Endowment Fund will be used to annually finance research designed to accomplish
Eric Gielow the following:
Wayne Groesbeck
Jose Infante • Record short and long-term changes in Muskegon Lake by accumulating a continuous record of
Dr. Bifl Jackson scientific data including information such as: plankton counts, nutrient levels, fish population,
Roger Morgenstern temperature profiles, and other indicators;
Gary Noble
Dr. Afan Steinman • Better understand what happens within Muskegon Lake and how processes in the watershed impact
Dan Weikel this ecosystem;
• Develop a regular "report card" on the health of Muskegon Lake and use it to inform the public and
government agencies about the status of the Lake through various means including placement of
monitoring infmmation on the A WR! web site, and making information available through the GVSU
/ Lake Michigan Center here in Muskegon.
• Recommend clean-up, improvement, and protection strategies for Muskegon Lake and the
surrounding shoreline.
For years, local governments throughout Muskegon County have played a crucial role in maintaining momentum
to clean up our ecosystems and waterways. As co-chairs of the Fund's development committee, we are asking for
your governmental unit's fo1mal support of the enclosed resolution. If you have any questions regarding the Fund
or the resolution, please contact AWR! Director, Dr. Alan Steinman. at 728-3601.
In addition, we'd ask you or your governing board to consider making a gift to support the Fund. Our goal is
$250,000 with more than $160,000 in gifts and pledges already received to date. Your support of this important
conununity effort would be greatly appreciated.
Robert B. Annis
Water Resources Sincerely,
Institute
Alan D. Steinman,
Director
740 W. Shoreline Dr.
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Muskegon, Ml 49441
728-3601 Roger Andersen, Co-Chair Dr. William (Bill) Schroeder, Jr., Co-Chair
FAX (616) 331 3864
enclosures
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GRANo\i\Illv
Sr,\TE lJNrvERSITY
CITY OF MUSKEGON
CITY COMMISSION
Resolution #2004-25(b)
MUSKEGON LAKE RESEARCH ENDOWMENT FUND
RESOLUTION OF SUPPORT
Whereas, Muskegon Lake has been listed as one of the 42 Areas of Concern ("AOC") by the
United States Environmental Protection Agency;
Whereas, Muskegon Lake is an important resource of the community of Muskegon;
Whereas, scientific data are necessary to demonstrate that Muskegon Lake meets the
requirements for removal as an AOC;
Whereas, Grand Valley State University's Annis Water Research Institute ("AWRI") is uniquely
qualified to carry out research to document the health of Muskegon Lake, both today and into the
future, and to provide data necessary to support removal of Muskegon Lake as a AOC;
Whereas, AWRI's existing financial resources are limited, and there is a critical need for
permanent funding for A WRI's on-going research concerning Muskegon Lake; and
Whereas, the Muskegon Lake Research Fund Committee is dedicated to securing the funding of
a perpetual Muskegon Lake Research Fund.
NOW THEREFORE, be it resolved that the City Commission of the City of Muskegon hereby
supports the efforts of the Muskegon Lake Research Fund Committee, and urges the community
to endorse and support this important endeavor.
Bill Larson, Vice Mayor
~_; &,a4-~~:
Kev·n
Date: March 9, 2004
To: Honorable Mayor and City Commission
From: City Clerk Gail Kundinger
RE: Appointments to Various Boards/Committees
SUMMARY OF REQUEST: To accept the resignation of Jon Osborn from the
Citizen's Police Review Board and to appointment the following individuals to City
boards/committees:
Adelia Winchel to the Citizen's Police Review Board to fill the unexpired term left by the
resignation of Jon Osborn. ( 1/31 /05)
Patsy Petty to the Board of Canvassers as a Democrat. (1/31/08)
Alan M. Majeski to Construction Code Board of Appeals for the Architect position. ( 1/31 /06)
Robert Lowder to the Construction Code Board of Appeals for the Electrical position.
(1/31/06)
Reappointment of Tom Freye to the Construction Code Board of Appeals for the Plumbing
position. (1/31/06)
Reappointment of David Glotzbach to the Construction Code Board of Appeals for the Fire
position. (1/31/06)
Reappointment of Michael Kleaveland to the Downtown Development Authority/Brownfield
Redevelopment Authority Board as a member who has an interest in the property in the
district. (1/31/08)
Andrea Riegler to the Public Relations Committee. (1/31/05)
Cedric Jenkins to the Public Relations Committee. (1/31/06)
FINANCIAL IMPACT: None.
BUDGET ACTION NEEDED: None.
STAFF RECOMMENDATION: Approve appointments as recommended.
COMMITTEE RECOMMENDATION: Community Relations Committee met on March 1,
2004 and recommends the appointments.
Commission Meeting Date: March 9, 2004
Date: March 2, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c,Q,C
RE: Sale of Buildable Vacant Lot on James Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1431 James Avenue (Parcel #24-611-000-
0347-00) to Galloway Homes, L.L.C., of 570 W. Broadway, Muskegon, Ml. The lot is 82 x
132 ft. and is being offered to Galloway Homes for $6,750. The homes will contain 3
bedrooms, a full basement, and a 2-stall attached garage. The True Cash Value (TCV) for
the property listed in the Assessor's office is $9,000, so our price is set at $6,750 which is
75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
3/2/04
Resolution No. 2004-25 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1431 JAMES
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $6,750.
WHEREAS, Galloway Homes, L.L.C. has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0347-00, located at 1431 James Avenue; and
WHEREAS, the price for parcel number 24-611-000-0347-00 is set by the City at $6,750, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0347-00, located at
1431 James Avenue be sold to Galloway Homes, L.L.C. for $6,750.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2, LOT 347
Adopted this 9th day of March, 2004
Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent Shepherd
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on March 9, 2004.
Gail Kundinger,
City Clerk
Vacant Buildable City-Owned Lot N
1431 James Avenue W~E
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made .3 /40, , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and GALLOWAY HOMES, LLC, a Michigan Limited Liability
Company, of 570 W. Broadway Avenue, Muskegon, Michigan 49444 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real propetty located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, Lot 347
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Six Thousand Seven Hundred Fifty Dollars ($6,750.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements ofrecord
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
C:\DOCUME~1\anguilm\LOCALS-1\Temp\BF4286.doc
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. 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, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, 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 SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUB STANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
C:\OOCUME~1\angullm\LOCALS~1\Temp\BF4286.doc
6
9. Closing. The closing date of this sale shall be on or before __ '-1_/_'b_/_
_'/_ __
2004 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
10. Delivery of Deed. Seller shall execute and deliver a Quit Claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. P;iragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision( s) had never been contained herein.
C:\DOCUME~1\angui!m\LOCALS~1\Temp\BF4286.doc
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
on, Mayor
Gail A. Kundinger~
BUYER: GALLOWAY HOMES, LLC,
a Michiga I ited Liability Company
J{~'
By: -l"--tc.::._-'---=o=--~------/--+---
Its:Mt'~ (;.,c, lfou.Y, '-I
1
I
Tax ID#: 3 -t -3 C::, 2 7 CJ ?roperty Address: 1431 James
Muskegon, Ml
P U R C HA S E R 1 s STAT EM E N T SELLER ' s S T A T E ME N T
DEBIT CREDIT DEBIT CREDIT
;>urchaser Price I$ 6,750.00 I$ Purchase Price I$ 1$ 6,750.00
~ent Adjustment I I Rent Adjustment I I
I I Oepos it of earnest money I I
:Los ING FEES I 10D.00 I CLOSING FEES I 100.DO I
JWNERS PREMIUM I I OWNERS PREMIUM I 19D.DO I
tecording Fees I 17.00 I Recording Fees I I
~eal Estate Cormiission I I Real Estate Corrmission I I
I I
Sub Total $ 6 867.00 $
rotal Deeosits to date I I Sub Total I$ 290.00 1$ 6,750.00
>ue from Purchaser I 1$ 6,867.00 Amount due Seller 1$ 6,460.00 I
fOTALS 1$ 6,867.D0 1$ 6,867.00 TOTALS 1$ 6,750.00 I$ 6,750.00
~*********************************************************************************************************************************
rhe undersigned Purchasers acknowledge Receipt of a copy of The undersigned Sellers acknowledge Receipt of a copy of this
this statement and agree to the correctness thereof, and statement and agree to the correctness thereof, and ratifies
1uthorizes and ratifies the disbursement of the funds as stated the disbursement of the funds as stated therein.
therein.
'urchaser(s) Signature(s): Seller(s) Signature(s):
The City of Muskegon
//?'.
a Municipal Corporation
i ·y'
av
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COFl~a Angui l un / 1
SURVEY WAIVER
Date: April 16, 2004
RE: 427868
To: LANDAMERICA TRANSNATION TITLE INSURANCE Property Address:
1431 James
Muskegon, MI
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release LANDAMERICA TRANSNATION TITLE INSURANCE, its employees and/or agents,
from any responsibility and/or liability concerning or pertaining to survey matters,
including, but not limited to size of lot or land, location of boundary line, location of
building and encroachments.
SELLER(S):
The City of Muskegon
a Municipal Corporation
\
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AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 427868
JSS
COUNTY OF Muskegon }
That The City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
1431 James
Muskegon) MI
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
The City of Muskegon
a Municipal Corporation
.. ~)(' . / ~ (
BY / ,flh ( /..,,,, I,~ --
Lonna Angui l un )
N tary Publi ________ County
My Commission Expires:
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 (Rev. 7-00) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
p. Street Address of Property j2. County I 14, Date of Transfer (or land contract was signed)
I 1431 James I Muskegon I j 04/16/04
l_~M~"s~k~e~o~o~.~M~l_ _ _ _ _ _ _ _ _ _ _ _ _ l_ _ _ _ _ _ _ l
13. City/Township/Village of Real Estate ill City j 15, Purchase Price of Real Estate
I Muskegon U Township I I $6,750.00
) Village I
!6. Property Identification Number (PIN) If you don·t have a PIN, I PIN. This number ranges from 10 to 25 digits. It
I attach legal description. I usually includes hyphens and sometimes includes
I 61-24-611-000-0347-00 I letters. It is on the property tax bill and on the
assessment notice.
j7. Seller's (Transferor) Name I IB Buyer·s (Transferee) Name and Mailing Address
j The City of Muskegon I I Gal10~1ay Homes, LLC
I I I
I 570 W. Broadway
Items 9 - 13 are optional. However, by completing I Muskegon Ml 49441
them you may avoid further correspondence. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Transfers include deeds. land contracts, transfers 19. IYP.e of Transfer _
involving trusts or wills, certain long-term leases I U Land Contract U lease
and interest in a business. See the bad for a ! U Deed Li other (specify) _ _ _ _ _ _ _ _ __
complete list. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
110. U Yes ! l l'l. Amount of Down Payment
l_~!Ls~t~h~•~'~'~'~ns~f~e~c~b~e~tw~e~e~n~re~l~a~te~d~p~er~s~o~o~s'~·----~1-l~N~o___ ll ___________________
jl2. If you financed the purchase. U Yes I p3. Amount financed {Borrowed)
l_~d~,d~y~,"~p~aLy~m~aLc~ke~t~ca~t~e~of~,~"~te~c~e~st~'~-----~l_l~N~o___ ll ___________________
Exemptions. _ _ _ _~ ~ ~ - - ~ - - - ~ - ~ - ~ - - - - - ~ ~ - - - ~ ~ - - - - - - - -
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption. your assessor may request more information
!Q_support your claim.
LJ transfer from one spouse to the other spouse
J_J change in ownership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
Li transfer by redemption from a tax sale
Li transfer into a trust where the settler or the settlor's spouse conveys property to the trust and is also the sole
beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
LI transfer creating or ending a joint ownership if at least one person is an original owner of the pro8erty (or his/her spouse)
Li transfer to establish or release a security interest (collateral)
Li transfer of real estate through normal public trading of stocks
U transfer between entities under corrrnon control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
Li transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been
filed.
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 427868
DATE, April 16th 2004
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
+ class mail and acknowledges 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 said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form {Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges 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 said form is not received
or properly processed by the local tax collecting unit.
PURCHASER(S),
FILE# 427868
DATE, April 16th 2004
PROPERTY ADDRESS: 1431 James
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree 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.
SELLER(S),
The City of Muskegon
a Municipal Corporation
BY
'\:.:.'22(/yt-,
- ./ (-J(!.,_r. f__y
1
Lonna Ilguilun _.--J
(_/
Commission Meeting Date: March 9, 2004
Date: February 24, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c..e,c...
RE: Sale of Non-Buildable Lot at 696 Marquette Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-765-003-0051-00) at 696
Marquette Avenue to Charles & Lisa Hippchen, 686 Marquette Avenue and Patrick &
Julia Stone, 704 Marquette Avenue, Muskegon, Ml 49442. Approval of this sale will
allow the Hippchens to have a home located on a buildable lot, as well as allowing both
property owners to expand their current yards. As is required by City policy, the subject
parcel is being offered for $1, and will be split between the Hippchens and the Stones
under the Dollar Lot Policy.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and deed.
COMMITTEE RECOMMENDATION:
2/24/2004
CITY OF MUSKEGON
RESOLUTION #2004-25 ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 each from Charles & Lisa Hippchen, 686
Marquette A venue, Muskegon, MI 49442 and Patrick & Julia Stone, 704 Marquette A venue,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to their
properties at 696 Marquette Avenue (parcel #24-765-003-0051-00); and
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in a~cordance with property disposition goals and
policies of the City.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON SUB DIV OF BLK 3 LOT
51 be sold to Charles & Lisa Hippchen and Patrick & Julia Stone for $1 each.
th
Resolution adopted this 9 day of March, 2004.
Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: None
Absent: Shepherd
Attest: __::~~a.~:~t~D
~~~~~~~~
Gail A. Kundinger, MMC
Clerk
2004-25(e)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on March 9, 2004.
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 -
Gail A. Kundinger, MMC
Clerk
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to CHARLES G. HIPPCHEN and LISA M. HIPPCHEN, husband and wife, of 686 Marquette
Avenue, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON SUBDIVISION OF BLOCK 3, REVISED PLAT OF 1903, WEST½ OF LOT 51
for the sum of: One Dollar ($1.00).
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are no liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ;;!ti, day of /llarc A , 2004.
Signed in the presence of:
,d~
L./·,;
1!tiu
~ /Jr; t T l'r
~~KK~~~)~ and _ _r,.,~.!- t;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this l) IA day of ;/J/a/'c/2
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
, ..\. ,
:_,., 1\l \').C \ S;[!_,1:) CoOwner/Spouse \. pA. ',, , j-, \c_,,>\
Signature ' r1\,,/v\i~~ l_}• t)&v~~ Signature c':>)~✓ (: C-10✓,-~---" ·,
Address )1 U UJ\~ h1,,L)-bc· n ,:\J t. . Address \'I u \ \.' 6:.,,'," ,,\1c1) (.\5".J
8
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 9, 2004
Project Number: H 1579
Project Title: CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted !ines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 154 CAMPUS AVE
Parcel Number 24-205-397-0006-00
Assessable Frontage: 43.16 Feet
Estimated Front Foot Cost: $35.15 per Foot
ESTIMATED TOTAL COST $1,517.07
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 21 FT 7 IN LOT 6
EX NWLY 17 FT OF SWLY 1.33 FT OF NELY 44 FTTH'OF
ALSO INCLE 21 FT 7 IN LOT 7 BLK 397
Your vote COUNTS!
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED ~
Owner
8~•==-- CoOwner/Spouse
-G,_"':'..o~,\~,_\=-::::...G::---t~t;':::~ C_; t (\ J Fe.-+t l 'l'l
\;T ;,;:= Iit\&:;~
Signature
Address :~;,::,rn
Thank you for taking the time to vote on this important issue. 5
March 9, 2004
Dear Commissioners:
We support improvements to City infrastructure and efforts to strengthen our
neighborhood. However, we cannot support the current proposal to repave Campus
Avenue, Jefferson Street to Washington Avenue.
For nearly six years we have lived at 154 Campus and have seen, heard and felt several
buses and trucks zoom past our home every day. Without doubt, these heavy vehicles
contribute to the wear and tear of Campus Avenue. We embrace public transportation and
its benefits to the community, but we are not sure that Campus Avenue was ever intended
or designed to carry such a heavy load of traffic. Therefore, we encourage further studying of
traffic patterns along this stretch of road before rushing into the repaving project. Such a
study should explore usage and weight restrictions. It also should take into account safety
concerns and recommend new traffic calming initiatives. Two areas of particular concern are
the Fourth/ Jefferson/Campus intersection and the Campus/Fifth intersection. Both areas
have completely inadequate signage.
Another concern is the financial burden imposed by the proposed repaving project. In
2001, the City replaced damaged sidewalks throughout much of the Nelson
Neighborhood, including the area targeted for the street repaving proposal. Many residents
still are paying off the sidewalk assessment and cannot take on added financial stress. We
also fear the new sidewalks could be damaged during the repaving process, as indicated in
the letter from the City notifying us of the latest proposal. We would object to paying twice
to replace the same stretch of sidewalk.
We unfortunately are unable to attend the March 9, 2004, hearing on the special
assessment, but we hope this letter will be considered in your discussion. Please feel free
to call us at 727-8120 with any questions or concerns regarding this matter.
Sincerely,
_..1,.-.il ,. ~
~ ~cctb·-~
Todd Fettig ••..
and Erin Fettig
H-1579 CAMPUS AVE., JEFFERSON ST. TO WASHINGTON AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -14
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 799.040 ••• 5 154 CAMPUS 24-205-397-0006-00 43.16
4 160 CAMPUS 24-205-397-0007-00 43.00
FRONT FEET OPPOSED 250.460 31.35% 3 1392 FIFTH 24-205-397-0009-20 60.00
2 1403 FIFTH 24-205-398-0013-00 27.30
RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 8 170 WASHINGTON 24-205-399-0006-00 77.00
NOT RESPONDING - FRONT FEET IN FAVOR 548.580 68.65%
TOTAL FRONT FEET IN FAVOR 548.580 68.65%
TOTALS 0.00 250.46
TABULATED AS OF: 05:01 PM
3/9/20045:01 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CAMPUS
03/09/2004 14:25 FAX
---------------------- ;LOO'/- ). 7 141002
lii10021001
QJ/09/2004 TUE 11: 42 Fil 231 724 ~5~5 BON JAMES M GRAVES JR
STATE OF MICHIGAN
MUSKEGON COUNTI CIRCUIT COURT
MARCELLA SIEGEL on behalf of
herself and all others similarly situated,
File I-lo. 03--42792-CZ
Plaintiffs,
OPINION and ORDER
V
THE CITY OF MUSKEGON,
a municipal corptJration,
Defendant,
At a session of court held at the courthouse
In Muskagon, M!Chigar,, on
March 9, 2D04.
FRi;.SENT: Honorable James M. Graves, Jr., Circuit Judge
Plaintiff, Marcella Siegel, on behalf of herself and others similarly situated, files suit
against defendant, City of Muskegon, and allege$ the following; Defendant City of Muskegon
entered into a franchise agreement with a cable television provider (now Comcast); the
agreement provided that defendant would charge Comcast a franchise ree of 5% of gross
rev,anues: Comoest then elected to li!dd the franchise fee to the monthly Cve determined that the case law and statutory pr1nclples for "standing" WQUld apply to ths
provisions of Section 32. In Waterford Schools v State BQ.QiEQ, 98 Mich App 658, 062 (1980),
the court noted that, in construing constitutional provisions, "the framer9 of a proviidor, m1Jst be
presumed to have been aware of exislin!;J laws and court decisions and lo havee drafled
accordingly." (See al$O Ssiglnaw Coi-!rual v Bd of Trus:tees. 321 Mich 641, 847-648 (1948) in
which the oaurt further noted that the people who adoQted the amendment ara presumed to
have been !!Ware of priof and existing law and lloughtto frame the amendment In light of those
conditions}. The Waterford court also noted ai page 663 that under the RJA a taxpeyer lacks
standing unless the taxpayer can demonstrate that the taxpayer "will sustain substantial Injury
or suffer \osa or damage 9 s taxpayers [emphasis added} through increased taXatiOn and the
consequences thereof." See arso Menen*.:z v Detroit, 337 Mich 476, 482 (1953}.
I n ~ v Meicomb Bd of Comm'rs. 404 Mich 726. 729, 739 (.2001 ). the court staled the
' '
following three oonstllutlonal elements of swnd!ng: "First, the plaintiff must have suffered an
'injul'y in fact· -an invasion of a legally protectad intereshvhith is (a) concrete and particularized,
and (b) ·actual or imminent, 1101 conjectural cir hypothetical'. Second, there must be a eausal
connection between the Injury and the conduct oomplained o1 - the Injury h:as to be 'fairly
Page2 of 6
03/09/2004 14:26 FAX
-.-- ·.- -·- - - - - - - - - - . - - ---- ----· ia]004
ta] 004/007
03/0g/200~ TUE 11, 4Z FA.l'. 231 724 <1585 HON Joi.MES M GR4.\'ES JR
traceable to the challenged action of the defendant, and not the result of the independent acUon
Of some tn1rd party not t>efor';! the CQUr\.' Tnua, it mus-t be 'likely', as opposed to merely
'speculative', thatthe injury will be ·redressed by a favorable deeision_'" In Kalam 9zoo v R!chl;:iod
IJ@, 221 Mich 1'\pp 531, 534 (1997), the court observed that the 'real party in Interest•
requirement of MCR 2.201 (B) is actually a slandlng dor:trina. "A real party in interest is the one
who Is vested with the right of action on a given claim. although the- beneficial interest m.iy be
in another." Ibid.
In the case at bar, defendant has submitted as part of the record a copy of the ··cable
Television Franchise Agreement· between defendant and Muskegon C61bJQ TV (a predecessor
of Comcast) which was adopted by the City on December 8, 1987. 47 use 542(aJ permits, but
does no\ require, a municipality to charge a cable opsrator a franchise fee. Paragraph 9 of the
agreement $\ates that the cable television prav\der =uld pay to the City an annual license fee
·as described in the 0fdinance" of five percent. City or Muskegon Ordinance 955 states at Sec_
8 -39(a): "F'ee. The Licensee shall pay to the City, for the privilege of operating a CATV system
under this ordir1ance, a sum equivalent (Q five percent (5%) of the annual gross operating
revenues taken In and received by it on all retail sales of television signals within the City, ior
all servlce installations and reoonne~s-• 47 USC 542(F) permits, but does not require, a cable
operator to pass on the franchise fee lo the sub5oriber by designating the franchise fee as a
separate item on the bill.
After a review Of the briefs, record, 8'1d oral argum
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