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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 10, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License. CITY CLERK
C. Liquor License Request - Sunny Mart, 2021 Marquette. CITY CLERK
D. Sale of Buildable Vacant Lot on Lawrence Avenue. PLANNING &
ECONOMIC DEVELOPMENT
E. 18-Month Extension to Complete Construction of 4 Homes. PLANNING
& ECONOMIC DEVELOPMENT
F. Clearance of Three Parcels on Walton. COMMUNITY &
NEIGHBORHOOD SERVICES
G. Accept Resignation from the Civil Service Commission. CITY CLERK
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Approval of Purchase Agreement for City/State Lots on Clay Avenue -
City of Muskegon and Brenda Moore. PLANNING & ECONOMIC
DEVELOPMENT
B. SECOND READING: Zoning Ordinance Amendment for Alcohol Sales.
PLANNING & ECONOMIC DEVELOPMENT
o NEW BUSINESS:
A. Consideration of Bids - Nims Street Tank Painting. ENGINEERING
B. Proposed Charter Amendments to Change City's Fiscal Year. FINANCE
C. Zoning Administration Assistance Contract-LSL. PLANNING &
ECONOMIC DEVELOPMENT
D. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish the Following. PUBLIC SAFETY
1. 1463 Sixth
2. 1983 Hoyt
3. 458 Mulder
4. 523 W. Grand
5. 637 Amity
6. 1530 Hoyt
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION
► Remjnder: 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 Qroup may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO 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: August 1 0, 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, July 27, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 10, 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, August 10,
2004.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson from the Word of Truth Outreach after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2004-72 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, July 27, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
8. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: The Michigan Irish Music Festival of Muskegon is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They would like to
hold a raffle at Heritage Landing during their festival on September 17 - 19.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Liquor License Request - Sunny Mart. 2021 Marquette. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Christine R. Singh to transfer ownership of
the 2004 SOM Licensed Business from lndu Gupta.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
D. Sale of Buildable Vacant Lot on Lawrence Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1536
Lawrence Avenue (Parcel #24-610-000-0043-00) to Gloria Fisher of 430 Glen Oaks
Drive, Apt. 3B, Muskegon, Ml. The lot is 80 x 132 ft. and is being offered to Ms.
Fisher for $6,750. The details of the home are not confirmed as of this date, but
she will conform to all standard requirements of the City-owned property policy.
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 resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
E. 18-Month Extension to Complete Construction of 4 Homes. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve an 18-month extension to allow Mr. Bill
Ingalls extra time to complete construction of four single-family homes on Miner
Avenue. The original agreement between the City and Mr. Ingalls stipulated
that construction of four homes was to be completed within 18 months. The City
has customarily granted extensions to persons who have shown that they are
dedicated to completing construction and contributing to the beautification of
the City's residential areas. Mr. Ingalls has constructed two homes on the site
and has a contract to begin the third. Since the 18-month time period typically
pertains to people building one single family home, it makes sense that more
time can be allowed for several homes to be built.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution
and deed.
F. Clearance of Three Parcels on Walton. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the awarding of a contract to Andy's Tree
Service, 2691 Hall Road, Muskegon, for the low bid of $12,500. The CNS
Department received one other bid for the project from Professional Tree
Services, Inc., 1727 Beidler, Muskegon, for $17,240. The sites that will be cleared
are 814 Murphy (66 x 140), 265 Walton (99 x 140), and 243 Walton (297 x 140).
After the sites have been cleared, the CNS Office in partnership with
Neighborhood Investment Corp. and Fifth/Third Bank are proposing to build 4 to
6 homes on the site.
FINANCIAL IMPACT: Funding will be disbursed from previously approved HOME
funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the low bid by Andy's Tree Service and
direct the CNS to develop a contract with Andy's Tree Service for $12,500.
G. Accept Resignation from the Civil Service Commission. CITY CLERK
SUMMARY OF REQUEST: To accept the resignation of Deborah Smith from the
Civil Service Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept resignation.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended acceptance of the resignation.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-73 UNFINISHED BUSINESS:
A. Approval of Purchase Agreement for City/State Lots on Clay Avenue -
City of Muskegon and Brenda Moore. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Brenda Moore has purchased the former Freres Gas
Station on Laketon Avenue. She would like to move the building to a lot owned
by the City of Muskegon on Clay Avenue and the adjacent lot (now owned by
the State, but requested for purchase by the City). The purchase agreement
allows the lots to be sold to Ms. Moore, on the condition that the City obtain the
deed for the State-owned lot by December 31, 2004. After closing on the
property, Ms. Moore will have 18 months to move the building to the site and
make improvements. She will provide a $30,000 performance bond, in the
event the improvements are not made within the time allotted. Ms. Moore
intends to improve the building for a commercial/retail use.
FINANCIAL IMPACT: The City will receive $2,500 for the lots. The purchase price
takes into consideration that the building is a historic structure being moved into
a Heritage District and will be appropriately placed in this location.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Real Estate Purchase Agreement
and authorize the Mayor and Clerk to sign the contract.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Real Estate Purchase Agreement.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
B. SECOND READING: Zoning Ordinance Amendment for Alcohol Sales.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 40 l of Article IV (R-1, Single
Family Residential); Section 601 of Article VI (RT, Two Family Residential); Section
701 of Article VII (RM-1, Low Density Multiple-Family Residential); Section 801 of
Article VIII (RM-2, Medium Density Multiple-Family Residential); Section 901 of
Article IX (RM-3, High Density Multiple-Family Residential) to amend the Special
Land Use language in regards to permit uses serving and selling alcohol.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding alcohol sales.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/15 meeting. T. Harryman, B. Mazade, P.
Sartorius, T. Johnson, T. Michalski, and L. Spataro voted in favor of the change.
B. Smith voted against. S. Warmington and J. Aslakson were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to adopt the
amendment of the Zoning Ordinance to amend language regarding alcohol
sales.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
Nays: Shepherd
MOTION PASSES
2004-74 NEW BUSINESS:
A. Consideration of Bids - Nims Street Tank Painting. ENGINEERING
SUMMARY OF REQUEST: Reject all bids on the Nims Street Tank. On July 27, we
received four (4) bids from qualified contractors to paint the Nims Street Tank
with M.K. Painting, Inc. out of Lincoln Park, Ml being the lowest bid of $359,550.
FINANCIAL IMPACT: The construction cost of $359,550 plus associated
engineering costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Reject all bids due to budget constraints.
Motion by Commissioner Davis, second by Vice Mayor Larson to reject all bids.
ROLL VOTE: Ayes: Larson, Shepherd, Carter, Davis, Gawron
Nays: Spataro, Warmington
MOTION PASSES
B. Proposed Charter Amendments to Change City's Fiscal Year. FINANCE
SUMMARY OF REQUEST: As set in the City Charter, the City's fiscal year is
currently the same as the calendar year (January 1 - December 31). This is
inconsistent with the federal, state and virtually all other Michigan municipal
fiscal years. Staff has weighed the pros and cons of changing fiscal years and
believes that there are sufficient benefits to make it worthwhile to propose a
Charter amendment. Accordingly, the two resolutions have been prepared
which, if approved by the Commission, would place the following two questions
on November's ballot:
1. Shall the Muskegon City Charter be amended to provide that the fiscal
year for the City be established by an ordinance adopted by the City
Commission? The Charter now provides that the fiscal year shall begin
January 1.
2. Shall the Muskegon City Charter be amended to provide that the date
the City Manager submits the budget to the City Commission and the
date the City Commission adopts the budget shall be set by ordinance?
The Charter now provides that the City Manager must submit the budget
by September 1 and the City Commission must adopt it by September 25.
FINANCIAL IMPACT: Placing this item on the November general election ballot
avoids the costs of a special election. If approved, the change in fiscal years
will provide a onetime boost to the City's general fund and will facilitate other
efficiencies in the handling of City finances.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the resolutions.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the resolutions for a proposed Charter Amendment to change the City's
fiscal year.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
C. Zoning Administration Assistance Contract-LSL. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: With the departure of Brian Lazor, Acting Zoning
Administrator, there is a need to provide assistance in the zoning administration
area, until a new Zoning Administrator is hired. Staff sought proposals from two
firms. One (the only local firm that may have been able to assist) did not have
the time or staff available at this point. The other, LSL, was able to provide the
type of assistance needed. LSL will provide a staff person, Joe Kinney, for two
days a week in the office. Joe will also be available for consultation by phone.
FINANCIAL IMPACT: Costs to the City will be $53/hr. for Joe's services.
Additional services (e.g., writing zoning amendments) will be an additional cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract between the City of
Muskegon and LSL Associates, Inc., and authorize the Mayor and Clerk to sign
the contract.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the contract between the City of Muskegon and LSL Associates, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish the Following. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorize and
directed to execute a contract for demolition with the lowest responsible
bidder.
1463 Sixth - Area 1OB
1463 Sixth was removed per staff request.
1983 Hoyt
CASE# & PROJECT ADDRESS: #EN030059 - 1983 Hoyt
LOCATION & OWNERSHIP: This structure is located on Hoyt between Holbrook
and Keating Ave. It is owned by HUD.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
2/19/04 and notice and order to repair/remove issued 2/20/04. On 6/3/04 the
HBA declared the property substandard and dangerous building with a 60-day
delay before forwarding to CC because there was a potential buyer for the
property. There has been no further contact from that person.
OWNER CONTACT: The potential buyer was present at the HBA meeting, but
has not made any further contact.
FINANCIAL IMPACT: The cost of demolition will be paid with General funds.
BUDGET ACTION REQUIRED: None.
SEV: $16,100.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $15,000, plus the cost of interior repairs.
1530 Hoyt
CASE# & PROJECT ADDRESS: #EN040044- 1530 Hoyt
LOCATION AND OWNERSHIP: This structure is located on Hoyt between E. Grand
and Southern Avenue. It is owned by the Department of Veterans Affairs.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
4/9/04 and notice and order to repair/remove issued the same day. An interior
inspection was conducted with a realtor on 6/1 /04. On 6/3/04 the HBA
declared the property substandard and dangerous building.
OWNER CONTACT: The realtor for the property was present at the HBA meeting
and agreed that the condition of the house is bad enough that his
recommendation to the Dept. of Veterans would be to have the house
demolished.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None.
SEV: $20,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $80,000. This structure does not appear to be
salvageable.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 1983 Hoyt and 1530
Hoyt.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
523 W. Grand -Area 10B
523 W. Grand was removed from the agenda by staff.
458 Mulder
CASE# & PROJECT ADDRESS: #EN040029 - 458 Mulder.
LOCATION AND OWNERSHIP: This structure is located on Mulder between
Wesley and Jackson Avenue. It is owned by Brian Bouman, who lives in Holland.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
2/6/04 and notice and order to repair/remove issued 2/9/04. An interior
inspection was conducted 2/13/04. On 6/3/04 the HBA declared the property
substandard and dangerous building.
OWNER CONTACT: The owner scheduled the interior inspection and stated at
that time he planned to start repairs in April and be finished in about 90 days.
He was present at the HBA meeting with his realtor and then stated he was
donating the house to Habitat for Humanity and they planned to demolish the
house and rebuild there. Since then it was discovered the lot is not buildable
and still owned by Mr. Bouman. There has been no further contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None.
SEV: $14,300.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $23,000.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 458 Mulder.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
637 Amity - Area 11
CASE# & PROJECT ADDRESS: #EN030174- 637 Amity.
LOCATION AND OWNERSHIP: This structure is located on Amity between Scott
and Kenneth and is owned by Gustav Buchholz. The house was damaged by
fire in 2002 and the City holds $6,437 in escrow until the repairs are completed or
demolition occurs.
STAFF CORRESPONDENCE: The owner was notified by the Fire Marshal on
6/12/02 of the insurance money being deposited in escrow. A board up notice
was issued 3/11 /02 and 4/21 /03. A dangerous building inspection report was
written 11 /20/03 and Notice and Order to repair or remove was issued 12/3/03.
On 1/8/04 the HBA declared the house substandard and dangerous.
OWNER CONTACT: The owner (at that time Jeanette Casson) was present at
the 1/8/04 HBA meeting with a potential buyer (Gustav Buchholz) of the
property who stated he intends to repair and live in the house. They were told
at that time that even though the house was being declared, they would have
30 days in which the potential owner could bring in proof of ownership, schedule
an interior inspection and submit a timetable for repairs. Mr. Buchholz
scheduled an interior inspection for 1/29 /04, but had to cancel and reschedule
for personal reasons. The interior inspection was scheduled for 2/20/04. That
inspection was also canceled and rescheduled for 2/24/04. This case has been
scheduled to go before the City Commission on 2/24/04, but was removed from
the agenda when the interior inspection was conducted. The owner was
notified that permits had to be pulled by 3/31 /04, 30 day progress inspections,
and a completion date of 9/1 /04. On 4/5/04 Mr. Buchholz applied for a building
permit, but disagreed with the value of $40,000 for repairs and did not take the
permit out. He stated he would be back within a week and bring in estimates
from his contractors to show what he believed to be the real value for the
building permit. He was told at that time that he was already beyond the
deadline date for pulling a permit and we could not promise him that in another
week he would still be allowed to pull the permit. He left and came back
4/15/04 and dropped off estimates from a Wyoming building contractor for all of
the work to be completed. The estimates given were from a contractor who is
not registered with the City who has a "repair service" and his estimates were for
electrical, mechanical and plumbing which he is not licensed to do. Mr.
Buchholz applied for the building permit 4/27/04 and was given 90 days due to
the fact that he had already used up 2 of the 6 months originally given. He was
told at the time of issuance that if significant progress was made the permit
could be extended . On 7/22/04 an electrical permit was issued. No plumbing
or mechanical permits have been pulled and no inspections called for.
FINANCIAL IMPACT: The cost of demolition will be paid with money that is
escrowed from the fire.
BUDGET ACTION REQUIRED: None.
SEV: $21,200
STAFF RECOMMENDATION : To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $40,000.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with
the Housing Board of Appeals decision to demolish 637 Amity but defer bidding
contract to October 1, 2004.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: Davis
MOTION PASSES
PUBLIC PARTICIPATION
Various comments were heard from the public.
ADJOURNMENT:
The City Commission meeting adjourned at 8:00 p .m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: August 1 0, 2004
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: The Michigan Irish Music Festival of
Muskegon is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They would like to hold a raffle at Heritage Landing during their
festival on September 17 -19.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Jul-26-04 10:03A MCC Business
T1me: ,,111 ..., ·•u•
Oate, 1/22/2004 •• , •• --.. .• •.•
o ep t 231-777 - 0440 P . 02
..~t~'.<'~4 Chantable Gaming D1vi1io~
; · ., ,:. Bo• 30023. Lansing, Ml48909
'. ,:' : OVERNIGHT DELIVERY·
____:, 101 &. Hill,d1I•. ~1n,ing "41 ~8933
= -" -w
LOJJIR'i
(517)335-5780
m1chig1n 11,;,v/eg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(R8Qij1fed by MCL.~ 32 103(9))
2004-72(b)
,At a a,.;r.......,__,_,.._._____ meeting of the ___C;;..:;.i..::t-1{'......,;C:;,.o::.m=m:.:::i;.:s;..:s::..1=-·.;;;.O.;,;n;..,__
_..;;.R;.;;e;;..g;j,.,u=l...
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called to order by __M_a...y_o_r__
w_a_r_m_i_n_.g.._t_o_n_ _ _ _ _ _ on August 1 0 , 2 OO4
l : A! I
at 5: 30 ~wi./p.m. the follO'Ning resolution was offered:
r,,,ir
Movedby Commissioner Gawron andsupportedby Commissioner Spataro
_ _ _ _ _ _• asking that they be recognized as a
county of _ _ _.._fY\....,_u--=s:"""~---/!."""G-o:....,v
~<•IJl~n u,:u.,E
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be oonsidered ror ___A.. . :;p;,. ;p,__
. .r o_v_a_1_ _ __
~,+~•·•VALJC~:,.,a1., '11<,•" ~l
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
.Absent: _....;o___ .Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ·•~i:~1~.~~\~ ~}.~~,~-:R•f«·,.,~r,
Ci ~c~-,~ ;.;. ,_,-.. :-,,·-t•.-1~-L- - - -
at a __.;;.R.;. e;..g,u.;. ". :;t.;. :~.l;;;;.i:-_
meeting he1d on August 1 :tt.:;
SIGNED tk;t, 0. ~
7i..,;' a,".F. •"'.U :fil'·
T,·,..,._1,J":-Hlt-~ ,,:
Gail A. Kundinger, MMC, City Clerk
f1'111..II (.f.1 llAMC All[• lll Lt
933 Terrace, Muskegon, MI 49440
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BSl·CG, I 153(R7/02J
Jul -26-04 10:03A MCC Business Dept
231 - 777-0440 P.01
MERCY GENERAL
Fax
To: Linda Potter From: Joe Doyle
fax: 724-4178 Pages;
Phane: Date: 7/26/2004
Raffle License application information.
Re: CC:
Once approved, please fax back to
me at 777-0440.
r /fl"''. I"'J.
~';)/,_ ~J7\.A-
JOEDOYLE
doyfej@muskegoncc.edu
231-777-0300
Aug-04-04 10:45A MCC Business Dept 231-777-0440 P.02
INTERNAL REVEm!E SERVICE DEPARTMENT OF THE TREASURY
P.O. BOX 2508
CINCINNATI, OH 4$201
NOV 2 9 2000 Employer Identification Number:
Date, 38-3547788
DLN,
MICHIGAN IRISH MUSIC FESTIVAL 17053311D24D4D
MUSKEGON Contact Person:
C/0 CHRISTOPHER L KELLY ZENIA LUK ID# 31522
PO BOX 786 Con~act Telephone Number:
MUSKEGON, MI 49443-0000 (87?) 829-5500
Accounting Period Ending:
December 31
Foundation Statua Claas~fication:
509 (a) (l)
Advance Ruling Feriod Begins,
July 26, 2000
Advance Ruling Period Knda:
December 31, 2004
Addendum A~plies:
NO
Dear Applicant,
Baaed on information you supplied, and assuming your operations will be aa
stated in your application for recognition of exemption, we have determined you
are exempt from federal income tax undez' section 501 (a) of the Intarnal Revenue
Code aa an organization described J.n section 50l(c) (3).
Because you are a newly created a:rgantzatJ.on, we are not now ma.king a
final determination of your foundation status unde~ aection 509(a) of the Code.
However, we have determined that you can reasonably expect to be a publicly
supported organization deac1."'ibed in sections 509 (a) {l) and 170 (b) (l) {A) {vi).
Accordingly, du.ring an advance rulirlg period you will be traa.tad as a
publicly suppo1·t.ed organization, and not a.a a private foundation. Thia advance
ruling period begins and ends on th~ date~ shown above.
Within 90 daya after the end of your advance ruling period, you must
aend ue the information needed to determine whether you have met the require-
ments of tbe applicable support test~ O.ut•ing the advance ruling period. If you
establish that you have been a publicly supported organization, wa will classi-
fy you as a section 509(a) (1) or 509(a) (2) organization aa long as you continue
to m@e:t the requirements of the applicable support t.~at.. If you do not meet
the public support requirements du-rJng the advance ruling period. we wi.11
classify you as a private. foundation for future period.a. Also, if we classify
you ae a private foundation, we will treat you as a private foundation from
your beginning date for purposes of section 507(d) and 4940.
#'
Granto:c·s and contributors may rely on our determination that. you are not a
private foundation until 90 daya after the end of your advanc., ruling period.
If you send ua the required information within the 90 days, gra.ntore and
contributors may continue to rely on the advance detennination until we make
L~ttgr 10~5 (00/CG)
Aug-04-04 10:45A MCC Business Dept 231-777-0440 P.03
-2-
MICHIGAN IRISH Ml1$!C FESTIVAL
a final determination ot your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we
will no longer treat you as a publicly supported organization, grantors and
oontributora may not rely on this determination after the date we p\l.Qlish the
notice. In addition, if you lose your status aa a publicly supported organi-
zation, and a grantor or contributor was responsible for, or was aware ot, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on this determination from the date of the act or failure to act.
Aleo, if a grantor or contributor learned that we had given notice that you
would be removed from claeaificatton ae a publicly supported organization, then
that person may not rely on this determination as of the date he or she
acquired such knowledge.
If you change your sources of support, your purposes, charactf!t', or method
of operation, pleaae let us know so we can consider the effect of the change on
your exempt status and foundation status_ If you amend your organizational
document or bylawa, please send us a copy of the amended document or bylaws.
Also, let ua know al1 changes in your name or address.
As of J~nuary 1 1 1984, you are liable for social secul'.'ity t.axes under
the Federal Inaurance Contributions Act on amounte. of $100 or more you pay to
each of your employees during a calendar year. You are not liable for the tax
imposed under the Federal Unemploym@nt Tax Act (FUTA).
Organi~at.iona that are not private foundations ~re not subject to the pri-
vate found,c1tion @xcise taxes under· Chapter 42 ot the Internal Revenue code.
However, you are not automatically exe,npt !~om otner federal excise taxes. If
you hav~ any questions about exciae, emp1oymf:l!nt, or oth~r federal t.ax.ea, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Reven~e Coda_ Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Fede1·al estate and gift tax purposes if they
meet the applicable provisions of seetions 2055, 2l06, and 2522 of the Cod@.
Donora may deduct contributions to you only to the extent that t:.hei1.~
contribution13 are gifts, with no consideration received. Ticket purchases and
similar payments in conjunction with fundrais;lng events may not nec~essarily
qualify as deductible contributions, depending on th@ circumatancef!. Revenue
Ru1ing 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct :paymenta for admission to, or
other participation in, fundraising activities for charity.
You are not required to file Form 990, Return of Organization ~xempt From
Income Tax, if your groae. receipts each year are normally $25,000 or lese.. If
you receive a. ft'orm 990 package in the mail, simply attach the label provided,
check the box in the heading to indicate that you:s;• annual 92.·oaa receipts are
normally $25,000 or less, and sign the return. Becauae you will ba treated ae
a public charity tor return filing purposes cturing your entire advance ruling
period, you should file Fot'tn 990 for each year in your advance ruling period
Lett@r 1045 (PO/CG)
Aug-04-04 10:45A MCC Business Dept 231-777-0440 P.04
-3-
~ICHIGAN IR!SH MUSIC FESTIVAL
that you exceed thE!: $25,000 filing threshold even it your sources of support
do not aatiafy the public support teat specified in the heading of this letter.
If a ,·eturn is requ:l,:ed, it must be fil.ed by the 15th day of the fifth
month after the end of your annual accounting period, A penalty of $20 a day
is charged when a return is filed late, unless there ia reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $10,000 or
5 percent of your gross receipts for the year, whichever is leas. For
organizations with gross receipts exceeding $i,000,000 in any year1 the penalty
is $100 per day per return, unless there ia reasonable cause tor the delay.
The maximum penalty for an organization with gross r~ceipts exceeding
$1,000,000 shall not exceed $50,000. Thia penalty may also be charged if a
return ie not complete. So, please be eure your return is complete before you
file it.
You are not required to fil@ federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
If you ar~ subject to this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activitiea are unre-
lated trade or business as defined in section 513 of the Code.
You are required to make your annual information return, Fotm 990 or
Fo:rm 990-EZ, available for public inspection for three years after the later
of the due date of the ret\lrn or the date the return is filed. You are also
required to make available for public 1nepection your exempt.ion application,
any supporting documents, and your exemption letter. Copies of these
documents are also required to be provided to any individual upon written or in
person requeat without char~e other than reasonable fees for copying and
postage_ You may fulfill this requirement by placing these documents on r_he
Inte~net- Penalties may be imposed for failure to comply with these
reqUirements. Additional information is available in Publication 557,
Tax~Exempt St.at.us for Your Orgemi2ation, or you may call our toll fr-ee
number shown above.
You need an employer identification number even if you have no employees.
If an employer identification number was not entex-ed on your application, we
will assign a number to you and advise you of it. Please use that number on
all returns you file and in all correspondence with the Internal Revenue
Service.
If we said in the heading of this letter that an addendum applies, the
addendum encloaed ia an integral part of this letter,
Because t~his letter could help us resolve any queetiona about your e;-;ernpt
etatus and foundation statue, you should keep it in your permanent. recorda.
W@ have sent a copy of this letter to your representative as indicated
in your power of attorney.
Letter 1045 (DO/CG)
Aug-04-04 10:45A MCC Business Dept 231-777-0440 P.05
-4-
MICHIGAN IRISH MUSIC FESTIVAL
I! you have any questions, pleas@ contact th@ person whose name and
telepbope numbe~ are shown in the heading of this letter.
Sincerely yours,
•I
steveii y;inrrii!i
Steven T. Miller
Director. E~empt Organizations
Enclosure(e),
Form 872-C
Letter 1045 (DO/CG)
Date: August 10, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Sunny Mart
2021 Marquette
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Christine R. Singh to transfer
ownership of the 2004 SOM Licensed Business from lndu Gupta.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Arrlrmallve Action
72,1-6703
Assc~sor
724·G70!l
C'.l'lllCICI')'
72,167!13
West Michigan's Shorclhtc City
Civil Ser vice
724·H716
June 28, 2004
Clerk
724-6705
To: City Commission through the City Manager
lcnglnrcrlng
7216707
From: ~ L . /~
thny L. Kleibecker, Director of Public Safety
Finance
724-6713
Re: Liquor License Request - 2021 Marquette ("Sunny Mart")
Transfer of 2004 SDM Licensed Business
l'lreOcpl.
724-6792
The Muskegon Police Department has received a request from the Michigan
C. N. Services
Liquor Control Commission for an investigation of applicant Christine R. Singh
724 6717 of 3270 Roosevelt Rd., Apt. K2 in Muskegon.
Inspect Ions
Ms. Singh requests to transfer ownership of 2004 Class SDM licensed business
72,J(J71~ located at 2021 Marquette Avenue from lndu Gupta. She has previous
experience in the alcohol service industry and is aware of the Muskegon Police
Department position on enforcing local alcohol laws and ordinances.
Leisure Ser vice
724-6704
A check of Muskegon Police Department records and criminal history showed
no reason to deny this request.
~lanagcr·s Office
72,16724
,llayor·s Office ALK/dl
72,16701
Pl11nnint:/ Zoning
724-fi702
l'oliccDrpl.
724·6750
Public Works
72!H7UG
Treasurer
724-6720
Wa1crOcp1. Cily or Muskegon, 1'.0. Box 53G, 980 ,JcffCl'SOII SLl'CCL, Muskegon, Miclliga11 4944:l-0G:36
72,l(l?l!l
JENNIFER M. GRANHOLM
GOVERNOR
ll
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMEr,T OF U,BOR & ECONOMIC GROWTH
NIDA R.SAMONA
CHAIRPERSON
DAVID C. HOLLISTER, DIRECTOR
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
June 9, 2004
Request ID#: 263005
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Christine R. Singh, requests transfer ownership 2004 SOM licensed business, located at
2021 Marquette, Muskegon, Ml 49442 in Muskegon County, from lndu Gupta.
Please make an investigation of this application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission. (None Needed)
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
4880-1658
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
STATE OF MICHIGAN
POLICE INSPECTION REPORT ON L,-JOR LICENSE REQUEST LIQUOR CONTROL COMMISSION
(Authorized by MCL 436.1217) DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
sr
RID: 263005
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fin:;erprirt cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code) Christine R. Singh
2021 Marquette, Muskegon 49442 Muskegon County (231) 777-2836
REQUEST FOR: transfer ownership 2004 SDM licensed business from Indu Gupta.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Christine R. Singh
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
3270 Rosevelt Rd, Apt. K2
Muskegon, MI
(231) 578-8500
DATE OF BIRTH: 7· 2 'i-J I' DATE OF BIRTH:
If the applicant is not a U.S. Citrzen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
D Yes D No D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaerorinted: None Needed Date finaerorinted:
Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2, Investigation of Business and Address to be Licensed I
Does applrcant intend to have dancrng or entertainment?
,)8'.No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ~ No □ Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? JO
Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? Yes .S:f D No
2. Is the proposed location satisfactory for this business? ·-~ Yes D No
3. Should the Commission grant this request? ]:(_Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Sig ture (SAeFiff-flf Chief of Police) Date
Muskegon Police Department
LC-1800 Rev. 07/02
STATE OF MICHIGAN RID: 263'005
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-72(c)
Ata Regular meetingofthe City Commission
(Regular or Special) ---...a:........--::(T:-
ow- ns.,.-,hi--:p8:-oa-,rd--:,C:::-i,y-o-,,V""il::-lag-,-::--Co-un-,-cil::-
) ----
called to order by Mayor Warmington on August 10, 2004 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Gawron and supported by __C_o_m_m_i_s_s_i_o_n_e_r_S_,p._a_t_a_r_o_ __
That the request from Christine R. Singh to transfer ownership of the 2004
SDM Licensed Business at 2021 Marquette, Muskegon, MI, 49442, Muskegon
County, from Indu Gupta
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended
------------(R-ec-om_mc_·n-dcd_o_rn-o,-Rec-·o-m-me-nd-ed)_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
for issuance
State of Michigan - - - - -)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the __c_1_·t_y_C_o_m,-m=-i_s_s_i_o_n--,_ _ _ __ at a ____R_e--=g=--u_1.....,a_r___,--,-_ _ _ _ __
(Township Board, Ci1y or Village Courn:il) (Regular or Special)
meeting held on August 10, 2004.
(Daie)
SEAL (Signed)_:,;;;~~~~ ~ ~ ~ ~ ~~
(Township, Cily
Ga il A. Kundinger,
933 Terrace, Muskegon, MI 49440
(Mailing address or Township, Cily of Village)
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
June 9, 2004
Request ID: 263005
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Christine R. Singh, requesting
transfer ownership 2004 SOM licensed business, located at 2021 Marquette, Muskegon, Ml 49442 in
Muskegon County, from lndu Gupta.
Applicant: Christine R. Singh, 3270 Rosevelt Rd, Apt. K2, Muskegon, Ml (231) 578-8500
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 06-28-04
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Christine R. Singh having the
business located at 2021 Marquette Street, Muskegon, Ml. 49442.
Christine R. Singh, of 3270 Rosevelt Rd, Apt. K2, Muskegon MI, is requesting to transfer
ownership of 2004 SDM licensed business, Sunny Mmi, located at 2021 Marquette Street
from Indu Gupta.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/liquor/Singh
Christine Jl Singh 1531
Jlarvinder Singh / . - lJ
3270 J1---'e,,____.....f'-'--'-._ . .;;S;.. .;. :.111~9_/2.,___
"""'
:....-.:....:...
-f1
o'
Business Address:
Reason for Review:
New License D Transfer of Ownership )I Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
- -- - - -- - -- - - -- - - -- - -- - - -- ---
Deadline for receipt of all information: _ _ __ _ _ __ _ __ _ __
Income Tax Approved D Owing D Amoun't:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved ✓ Owing D Amount:
Public Safety Approved Denied D Remaining Defects D
Department Signature 4 L . I~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3))
June 9, 2004
Request ID: 263005
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Christine R. Singh, requesting
transfer ownership 2004 SOM licensed business, located at 2021 Marquette, Muskegon, Ml 49442 in
Muskegon County, from lndu Gupta.
Applicant: Christine R. Singh, 3270 Rosevelt Rd, Apt. K2, Muskegon, Ml (231) 578-8500
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
LIQUOR LICENSE REVIEW FORM
Business Name:
AKA Business Name (if applicable): _ _ __ _ __ _ __ __ __ __
Operator/Manager's Name: _ __ ...,,C-'L.jbw.r.....1....;;·..s:;_+
-'---'-
1-'-'
'.n'-e:,
_ _ _,,fu....,..,_...;;S~,°,,~9_/2,,____
o'
Business Address:
Reason for Review:
New License D Transfer of Ownership 'I Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
- - - - -- - - -- - -- - - -- - -- - -- - -- --
Deadline for receipt of all information: _ __ _ __ _ __ _ __ __ _
Income Tax . Approved~ Owing D Amount:
Treasurer Approved D Owing D Amount: - - - -
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount: - -- -
Public Safety Approved D Denied D Remaining Defects D
Department Signature___ _ __ ftJ
~ _o/s ~
. .L.___--__________ _
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
June 9, 2004
RequestlD:263005
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Christine R. Singh, requesting
transfer ownership 2004 SDM licensed business, located at 2021 Marquette, Muskegon, Ml 49442 in
Muskegon County, from lndu Gupta.
Applicant: Christine R. Singh, 3270 Rosevelt Rd, Apt. K2, Muskegon, Ml (231) 578-8500
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
LIQUOR LICENSE REVIEW FORM
Business Name: _ _ _ __ _..,,"""'"5""'---'-/2"'---'1"""'.//'--a____ ~m
.... """"a'--r_f_ _ _ _ _ __
AKA Business Name (if applicable): _ __ _ _ _ _ __ _ _ _ _ _ __
c, _ _.f. . . . .__S----'-,';,~9-6.,____
Operator/Manager's Name: _ _ __,C__,__/2.....r__,1__·.s~+-'--'-1-'->7........
c7'
Business Address:
u
/JJJ Y?YY~
Reason for Review:
New License D Transfer of Ownership ;I Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: _ __ _ _ _ _ _ __ _ _ _ __
Income Tax Approved D Owing D Amount:
~ ,g • (1 1,1)~~
p,4sT
R, it,,.
~ <, ?:,
Treasurer Approved D Owing ~ Amount: t J/o1, p ,1 rf/l
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Public Safety Approved D Denied D Remaining Defects D
Department Signature____:_
! ~--- - -b+-/_·v;
~=-'-
0 -+-/_c1,l/____________
~ r 7
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
rna~r_o IY.'J-: D
,...., C.V'-' -
LIQUOR LICENSE REVIEW FORM 2
Cl1 y or- t,iUSl'\t._(:.ON
p\J\NNING DEPARTMENT
Business Name: - -- ----=>:..5. L..£./2
. J. . .;°!l_(i:. . . .: . !a__,_J1}
L...L....:;:.Cf,.;__r__:_f_ _ __ __ _ _
AKA Business Name (if applicable): _ _ __ _ __ _ __ _ __ __ _
Operator/Manager's Name: - ----"C..c..L..,b'-'-_,_
r 1. . .:·.s:,_-f. :-.:. .1.·:1. 1_<;
.: ...., _ ___,.,f~,__S--:.,11,C7
~r;_)zL...-_ _
Business Address:
//JI 'l?YY~
Reason for Review:
New License D Transfer of Ownership JI Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name □ New Entertainment Permit D
Other _ _ _ __ _ __ __ __ _ __ _ __ __ __ _ __ _ _ _
Deadline for receipt of all information: _ _ _ __ __ __ _ __ _ _ _
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved~ Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Public Safety Approved D Denied D Remaining Defects D
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Please return to the City Clerk's Office
7 ., "\
Gail A. Kundinger,
Liquor License Coordinator
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~
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
June 9, 2004
Request ID: 263005
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Christine R. Singh, requesting
transfer ownership 2004 SOM licensed business, located at 2021 Marquette, Muskegon, Ml 49442 in
Muskegon County, from lndu Gupta.
Applicant: Christine R. Singh, 3270 Rosevelt Rd, Apt. K2, Muskegon, Ml (231) 578-8500
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/d!eg • (517) 322-1345 Lansing Office
LIQUOR LICENSE REVIEW FORM
Business Name: _ __ _ ____;>:.-2..t:-.:. ./2.,_,1·~tl'--'a'-'-_ ~m_,_,_..=.;ac...:..f"_..;_f_ __ __ __
AKA Business Name (if applicable): _ _ _ __ __ _ __ _ __ __ _
~ 1~·11~e,_ _£'--'---'-.- ~S;;.. .;. :;11,~q-'-6_,___ _
Operator/Manager's Name: _ __ _,(:""-L.-e.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on -'k~,!'.a.sf 2004, by /!,
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayoran Clerk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
(NOTARY SEAL)
PREPARED BY: John C. Schrier
Parmenter O'Toole
cfjtSJ~ , Notary Public
Acting in the County of 1'22us 5'<[:f?oo
175 W. Apple Avenue/P.O. Box 786 t2Ju,s k"~a,-, County, Michigan
Muskegon, MI 49443-0786 My Com xpires: 9- d ,s--0 t-
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: June 22, 2004
Date: July 15, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: 18-Month Extension to Complete Construction of 4 Homes
SUMMARY OF REQUEST:
To approve an 18-month extension to allow Mr. Bill Ingalls extra time to complete
construction of four single-family homes on Miner Avenue. The original agreement
between the City and Mr. Ingalls stipulated that construction of four homes was to be
completed within 18 months. The City has customarily granted extensions to persons
who have shown that they are dedicated to completing construction and contributing to
the beautification of the City's residential areas. Mr. Ingalls has constructed two homes
on the site and has a contract to begin the third. Since the 18-month time period
typically pertains to people building one single family home, it makes sense that more
time can be allowed for several homes to be built.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
7/15/2004
ResolutionNo. 2004-72(e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING EIGHTEEN MONTH EXTENSION TO COMPLETE
CONSTRUCTION OF FOUR SINGLE-FAMILY HOMES ON MINER A VENUE AND
HARRISON COURT
WHEREAS, Bill Ingalls has submitted a request for a time extension; and
WHEREAS, Bill Ingalls has shown a commitment to complete construction of four homes by the
completion of two of the homes; and
WHEREAS, the completion of the two additional home will further enhance the ambiance of the
City's residential area.
NOW THEREFORE BE IT RESOLVED, that Bill Ingalls be granted an additional eighteen
months to complete construction of the two additional single-family homes at the property
located on Miner A venue and Harrison Court.
Adopted this 1 0 th day of August 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent None
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 August 10, 2004.
By: --f.J..:::~ ::.....-1~ ~ ~ ~..t...!-
Gail Kundinger
Clerk
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Please detail service to be provided.
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PROFESSIONAL
TREE SERVICES, INC.
COST ESTIMATE
DAVID MILLS, OWNER
(231) 773-3 I64
1727 BEIDLER
MUSKEGON, Ml 49441
CELL 557-9571
PAGER 712-0978
Total Clearance Cost _f_·_,_/--=O_cJ_.-=O'-----
265 Walton 99' X 140 Total Clearance Cost / o) C> ex::>
243 Walton 297' X 140 Total Clearance Cost
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Please detail service to be provided.
Date: August10,2004
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Accept Resignation from the Civil Service Commission
SUMMARY OF REQUEST: To accept the resignation of Deborah Smith from
the Civil Service Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept resignation.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended acceptance of the resignation.
Commission Meeting Date: August 10, 2004
Date: August 2, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c,tf:,,
RE: Approval of Purchase Agreement for City/State
Lots on Clay Avenue- City of Muskegon and
Brenda Moore
SUMMARY OF REQUEST: Brenda Moore has purchased the former Freres Gas
Station on Laketon Avenue. She would like to move the building to a lot owned by
the City of Muskegon on Clay Avenue (see attached map) and the adjacent lot (now
owned by the State, but requested for purchase by the City). The attached purchase
agreement allows the lots to be sold to Ms. Moore, on the condition that the City
obtain the deed for the State-owned lot by December 31, 2004. After closing on the
property, Ms. Moore will have 18 months to move the building to the site and make
improvements. She will provide a $30,000 performance bond, in the event the
improvements are not made within the time allotted. Ms. Moore intends to improve
the building for a commercial/retail use.
FINANCIAL IMPACT: The City will receive $2,500 for the lots. The purchase price
takes into consideration that the building is a historic structure being moved into a
Heritage District and will be appropriately placed in this location.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Real Estate Purchase
Agreement and authorize the Mayor and Clerk to sign the contract.
N
Vacant Non-Buildable City-Owned & State Lots
611 & 607 W. Clay Avenue W~E
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611 W. Clay Avenue
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REAL ESTATE PURCHASE AGREEMENT
2004-73(a)
THIS AGREEMENT is made August 1 0 , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and BRIMO, LLC, 1873 Harrison Street, Muskegon, Michigan
49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal 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 property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described in Exhibit A 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. The Premises consists of two parcels. Parcel A is a buildable lot presently owned by the
State of Michigan. Seller is in the process of attempting to gain ownership of such. Parcel B is a
non-buildable lot owned by Seller. Seller is unwilling to sell, and Buyer refuses to buy, Parcel B
without Parcel A.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Two Thousand Five Hundred Dollars ($2,500.00). In addition, Buyer and Seller
acknowledge that the property is located in a heritage zoning district and a historic structure is to
be re-located to the Premises, which is of additional consideration.
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 or Buyer's attorney, ten (I 0)
days prior to closing, a commitment for title insurance, issued by Land America 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 of record 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 ofrestriction 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 (10) 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.
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5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to relocate a historic
structure formerly located at 793 W. Laketon Avenue on the premises within eighteen (18)
months of the closing of this transaction. Buyer may only remove those trees necessary for
construction of the structure and driveway. The structure shall be substantially completed, up to
code, within eighteen (18) months of the closing of this transaction. Buyer shall provide to
Seller a Performance Bond, in form acceptable to Seller, in the amount of $30,000. In the event
said substantial completion has not occurred, in the sole judgment of the Seller, Seller shall have
the right to exercise on the Performance Bond and use the proceeds of such to complete the
rehabilitation of the structure. 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 SHE 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 SUBSTANCES 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.
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9. Closing. As a condition precedent to closing, Seller must have acquired Parcel A
from the State of Michigan by December 31, 2004. If Seller has not acquired Parcel A by
December 31, 2004, this Real Estate Purchase Agreement shall terminate and Buyer and Seller
shall have no further obligations pursuant to this Real Estate Purchase Agreement. The closing
date of this sale shall be on or before ninety (90) days after the City is the owner of Parcel A,
but no later that March 30, 2005. ("Closing"). The Closing shall be conducted at Land America
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.
The closing fee by Land America shall be split by the parties.
14. Representation of Neither Party. The parties have reached an agreement in this
matter independent of any representation from the law firm of Parmenter O'Toole. The parties
acknowledge that Parmenter O'Toole has represented both Buyer and Seller currently and in the
past in various matters. However, Parmenter O'Toole has never in any capacity represented
either party in this transaction or in any negotiations between Seller and Buyer. The parties have
requested that Parmenter O'Toole draft this Agreement consistent with their agreement and
Parmenter O'Toole has agreed to do so acting only as a scrivener. Parmenter O'Toole has drafted
this Agreement on behalf of neither party, but it may contain provisions that may be adverse to
Buyer or Seller. Both parties are strongly encouraged to retain independent counsel to review
the documents and advise the parties. Both parties agree they have not retained Parmenter
O'Toole in this transaction other than to put their agreement in writing and neither shall depend
on Parmenter O'Toole for legal advice with regard to this transaction.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
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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.
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:
StepL o
By~~~J;:-;;;;~;;i::~5=----=:::==---:~===::.;c.=-
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Gail A. Kundinger, MMC, Clerk
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BUYER:
Brenda Moore
PREPARED BY:
John C. Schrier (P36702)
PARMENTER O'TOOLE
175 W. Apple Avenue
Muskegon, Michigan 49440
Phone: (231) 722-1621
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EXHIBIT A
LEGAL DESCRIPTIONS
PARCEL A: City of Muskegon Revised Plat of 1903, East 2/3 of Lot 2 of Block 322
(common address: 607 W. Clay)
PARCELB: City of Muskegon Revised Plat of 1903, West 1/3 Lot 2 of Block 322
(common address: 611 W. Clay)
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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 BRIMO, LLC of 1873 Harrison Street, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
PARCEL A: City of Muskegon Revised Plat of 1903, East 2/3 of Lot 2 of Block 322
(common address: 607 W. Clay)
PARCELB: City of Muskegon Revised Plat of 1903, West 1/3 Lot 2 of Block 322
(common address: 611 W. Clay)
for the sum of: Nine Thousand Dollars ($2,500.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete the relocation ofa historic structure formerly
located at 793 W. Laketon Avenue upon the premises herein conveyed within eighteen (18) months after the date
hereof. In default of such construction, title to that lot shall revert to the City of Muskegon free and clear of any
claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance
free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary for the
relocation of a historic structure formerly located at 793 W. Laketon Avenue and driveway. "Complete relocation"
means: (1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the
City of Muskegon's Deputy Director of Public Safety, relocation of the historic structure described in the said
building permit. In the event ofreversion of title, improvements made thereon shall become the property of Grantor.
Provided, further, that Grantee covenants that the parcels described above shall be improved with the relocation of a
historic structure formerly located at 793 W. Laketon. These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.SOS(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Datedthis~dayof /ove;11/er ,2004.
Signed in the presence of:
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
/YtJYemJ~r
Signed and sworn to before me in Muskegon County, Michigan, on S1,plon!ller _L, 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.
,:.,;,Jq s /orr~r NotaryPublic
/77u., %"-2.o,-,
Acting in the County of
PREPARED BY: John C. Schrier l'ZZ1.1.s ,,fe ,co,-, Cotiirty, Michigan
Parmenter O'Toole MyComm:"Expires: f~;,s-06
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
-2-
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Commission Meeting Date: July 27, 2004
Date: July 20, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Zoning Ordinance Amendment for alcohol sales
SUMMARY OF REQUEST:
Request to amend Section 401 of Article IV (R-1, Single Family Residential); Section
601 of Article VI (RT, Two Family Residential); Section 701 of Article VII (RM-1, Low
Density Multiple-Family Residential); Section 801 of Article VIII (RM-2, Medium Density
Multiple-Family Residential); Section 901 of Article IX (RM-3, High Density Multiple-
Family Residential) to amend the Special Land Use language in regards to permit uses
serving and selling alcohol.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend language regarding
alcohol sales.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/15 meeting.
T. Harryman, B. Mazade, P. Sartorius, T. Johnson, T. Michalski, and L. Spataro voted
in favor of the change. B. Smith voted against. S. Warmington and J. Aslakson were
absent.
7/20/2004
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 13, 2004
Hearing; Case 2004-28: Staff initiated request to amend Section 401 of Atiicle IV (R-1, Single Family
Residential); Section 601 of Article VI (RT, Two Family Residential); Section 701 of Article VII (RM-
1, Low Density Multiple-Family Residential); Section 801 of Article VIII (RM-2, Medium Density
Multiple-Family Residential); Section 901 of Article IX (RM-3, High Density Multiple-Family
Residential) to amend the Special Land Use language in regards to permit uses serving and selling
alcohol.
BACKGROUND
The Planning Commission has asked staff to come up with language to possible allow the sale of alcohol
under special use pennit in the residential zone. Staff has consulted with the City Attorney about the
language and that is provided below. Since the language is the same in all residential districts except the
MHP, Mobile Horne Park district, staff feels to be consistent the language if approved should be applied to
all residential districts except the MHP dist1ict.
New Language
Deletions are erossed out and additions are in bold.
6. Previously existing or established commercial uses not already converted to a residential use may be
authmized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited
Business Zone (B-1) dealing directly with consumers including:
1) Any generally recognized retail business which supplies new commodities on the
premises for persons residing in adjacent residential areas such as: groce1ies, meats,
dairy products, baked goods or other foods, drugs, drygoods, and notions or
hardware.
2) Any personal service establishment which pe1fonns services on the premises for
persons residing in adjacent residential areas, such as: shoe repair, drop-off dry
cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker, tailor,
phannacist, or an establishment doing radio, television, or home appliance repair,
and similar establishments that require a retail character no more objectionable than
the aforementioned, subject to the provision that no more than five (5) persons shall
be employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths,
architects, engineers, accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or diive-through
restaurants.
City of Muskegon Planning Commission- 7/15/04
b. Prohibited uses: Activities specifically prohibited include repair or service of motor vehicles
and other large equipment; uses serving or selling alcohol, manufactu1ing processes which
would nonnally require indushial zoning; any activity which may become a nuisance due to
noise, unsightliness or odor; and any activity which may adversely affect su11'ounding
property.
c. Conditions:
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises where
produced.
4) All business, serv1cmg, or processing shall be conducted within a completely
enclosed building, or in an area specifically approved by the Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Cmmnission.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to serve or sell alcohol, however the
Commission may limit the type of license obtained for the sale of alcohol (SDD
or SDM, with or without dancing), hours of operation, and any other
restrictions intended to stabilize, protect, and encourage the residential
character of the area. The use must gain approval from the Michigan Liquor
Control Commission before alcohol can be sei=-¥ed--tH' sold.
DELIBERATION
I move that the amendments to Section 401 of Article IV (R--1, Single Family Residential); Section 601 of
Atticle VI (RT, Two Family Residential); Section 701 of Article VII (RM--1 , Low Density Multiple-Family
Residential); Section 801 of A1ticle VIII (RM--2, Medium Density Multiple-Family Residential) ; Section
901 of Atticle IX (RM--3, High Density Multiple-Family Residential) of the Zoning Ordinance be
recommended to the City Commission for (approval/denial).
Excerpt from draft of Minutes from July 15, 2004 Planning Commission Meeting
Hearing; Case 2004--28: Staff initiated request to amend Section 40 I of Article IV (R-1, Single Family Residential): Section
60 1 of Article VI (RT, Two Family Residential): Section 701 of Article VII (RM-I, Low Density Multiple-Family
Residential): Section 80 1 of Article VIII (RM-2, Medium Density Multiple-Family Residential}: Section 90 1 of Article IX
(RM-3 , High Density Multiple-Family Residential) to amend the Special Land Use language in regards to pem1it uses
serving and selling alcohol. B. Lazor presented the staff report. The Planning Commission has asked staff to come up with
language to possible allow the sale of alcohol under special use pem1it in the residential zone. Staff has consulted with the
City Attorney about the language and that is provided below. Since the language is the same in all residential districts
except the MHP, Mobile Home Park district, staff feels to be consistent the language if approved should be applied to all
residential districts except the MHP district. The proposed language was provided to the commission members. The City
Attorney had looked over the proposed language. ·
City of Muskegon Planning Commission ~ 7/15/04
L. Spataro stated that he felt this is good. He suggested some time restraints for renewal of the Special Use Pennits that
this would be effective in. He had suggested every 3 years. P. Sartorius felt this should be a condition on a case by case
basis. T. Johnson stated that this should be approved by the LCC. He has a problem with the idea as a whole. He felt that
they were taking 1 situation and changing it for all the zoning areas proposed. He felt that this could cause a real problem.
T. Harryman stated that he understands the concerns. He looks at trying to keep the small stores in the neighborhood. He
would like to keep this at the Planning Commission level. T. Johnson explained the reason behind the current zoning
language. L. Spataro understood the need for a legacy store in residential zoning districts. He also added that there aren't
that many left in the City. S. Norman stated that he lives near 407 Marquette. He has seen how the times have changed and
this neighborhood is good and stable. The previous owner promised that there would be no alcohol or lotto sales. He
described the area surround this store. He would be opposed to changing the language to allow for the sale of alcohol. P.
Sartorius explained that this isn't just for the 1 property, it would be allowed in all the residential zones. C. Shepherd stated
that she understood the dilemma the commission members are in. She also understands why this came up. She didn't feel
this needed to be discussed and doesn't feel this should be changed. She is opposed to changing the language. B. Joy-
Holmes stated that she also didn't want to see alcohol sales in the Jackson Hill neighborhood. P. Sartorius stated that if the
zoning language were to change, the owner of 407 Marquette would need to apply for a Special Use Penni! and there would
be a public hearing to address any concerns that the neighbors may have regarding the sale at that location. L. Spataro
explained how the zoning language change had come about. He explained the difference between rezoning a property or
having the sale of alcohol as a SUP in a residential zoning district. Should a property be rezoned for business, then they
would be allowed to sell alcohol. If the zoning language for a residential zoning district is changed to include alcohol sales
under a SUP, then they would need to go before the PC and it would need to be approved. At that time, the public may
comment, conditions can be placed on the SUP (hours of operation was an example given), and if the conditions of the SUP
are violated, it may be revoked. S. Nonnan felt that the neighborhood should have a say in any time limits that are placed
on it.
A motion to close the public hearing was made by L. Spataro, supported by T. Hanyman and unanimously approved.
T. Johnson stated his concerns and asked if this were to pass, what would happen with 407 Marquette at the City
Commission level for the rezoning request. L. Spataro explained that the rezoning request was put on hold pending his
request. He felt that this was a better compromise. T. Harryman stated that he would prefer the language change over the
rezoning of a property to allow for it. T. Michalski stated that the PC can revoke an SUP. He felt that if they limit the
hours of operation, then they should be consistent with the time no matter which neighborhood it is in. This will help
strengthen a neighborhood. B. Mazade stated that based on the previous meeting minutes and discussions, this would be a
good compromise. The commission members discussed changes to the language and they are as follows:
New Language (Proposed by Planning Commission)
Deletions are eressed ottt and additions are in bold.
6. Previously existing or established commercial uses not already converted to a residential use may be authorized
under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited Business Zone (B-1)
dealing directly with consumers including:
I) Any generally recognized retail business which supplies new commodities on the premises for
persons residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods
or other foods, drugs, drygoods, and notions or hardware.
2) Any personal service establishment which perfonns services on the premises for persons residing in
adjacent residential areas, such as: shoe repair, drop-off dry cleaning shops, tailor shops, beauty
parlors, barber shops, dressmaker, tailor, pharmacist, or an establishment doing radio, television, or
home appliance repair, and similar establishments that require a retail character no more
objectionable than the aforementioned, subject to the provision that no more than five (5) persons
shall be employed at any time in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers,
accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or drive-through restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of motor vehicles and other large
City of Muskegon Planning Commission- 7/15/04
equipment; ttses-seR>ing er selling aleeflel, manufacturing processes which would normally require
industrial zoning; any activity which may become a nuisance due to noise, unsightliness or odor; and any
activity which may adversely affect sunsounding property.
C, Conditions:
1) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises where produced.
4) All business, servicing, or processing shall be conducted within a completely enclosed building,
or in an area specifically approved by the Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may shall be limited by the Planning Commission in the SUP.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to serve or sell alcohol, however the
Commission may limit the type of license applied for or obtained for the sale of alcohol
(SOD or to an SDM,witlt- or .. ithout dancing), hours of operation, and any other
restrictions intended to stabilize, protect, and encourage the residential character of the
area, The use must gain approval from the Michigan Liquor Control Commission before
alcohol can be served or sold.
A motion that the amendments to Section 401 of Article IV (R-1, Single Family Residential); Section 601 of Article VI
(RT, Two Family Residential); Section 701 of Article VII (RM-1, Low Density Multiple-Family Residential); Section 801
of Article VIII (RM-2, Medium Density Multiple-Family Residential); Section 901 of Article IX (RM-3, High Density
Multiple-Family Residential) of the Zoning Ordinance be recommended to the City Commission for approval, was made by
L. Spataro, supported by T. Johnson and approved with B. Smith voting nay.
City of Muskegon Planning Commission - 7115/04
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 138
An ordinance to amend Section 401 of Article IV (R-1, Single Family Residential); Section 601
of Article VI (RT, Two Family Residential); Section 701 of Article VII {RM-I, Low Density
Multiple-Family Residential); Section 801 of Article VIII (RM-2, Medium Density Multiple-
Family Residential); Section 901 of Article IX (RM-3, High Density Multiple-Family
Residential) to amend the Special Land Use language in regards to permit uses serving and
selling alcohol.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 401 of Article IV (R-1, Single Family Residential) [#6); Section 601 of Article VI (RT, Two
Family Residential)[#9); Section 701 of Article VII (RM-I, Low Density Multiple-Family
Residential)[#5]; Section 801 of Article VIII (RM-2, Medium Density Multiple-Family Residential)
[#3); Section 901 of Article IX (RM-3, High Density Multiple-Family Residential) [#I) are hereby
amended to permit alcohol sales under the special use language:
6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99):
a. Retaii and/or service establishments meeting the intent of the neighborhood
Limited Business Zone (B-1) dealing directly with consumers including:
I) Any generally recognized retail business which supplies new commodities
on the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs,
drygoods, and notions or hardware.
2) Any personal service establishment which perfonns services on the premises
for persons residing in adjacent residential areas, such as: shoe repair, drop-
off dry cleaning shops, tailor shops, beauty parlors, barber shops,
dressmaker, tailor, pharmacist, or an establishment doing radio, television,
or home appliance repair, and similar establishments that require a retail
character no more objectionable than the aforementioned, subject to the
provision that no more than five (5) persons shall be employed at any time
in the sale, repair, or other processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths,
architects, engineers, accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of
motor vehicles and other large equipment, manufacturing processes which would
normally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may adversely affect
surrounding property.
c. Conditions:
I) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the premises
where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation shall be limited by the Planning Commission in the
SUP.
7) Signs must comply with those set forth for the residential zoning district.
8) The Planning Commission may allow a use to sell alcohol, however the
Commission may limit the type of license applied for or obtained for the
sale of alcohol to an SDM, hours of operation, and any other restrictions
intended to stabilize, protect, and encourage the residential character of the
area. The use must gain approval from the Michigan Liquor Control
Commission before alcohol can be sold.
This ordinance adopted:
Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
Nayes: Shepherd
Adoption Date: August I 0, 2004
Effective Date: August 24, 2004
First Reading: July 27, 2004
Second Reading: August I 0, 2004
Ordinance #2138
CITY OF M~SK.EG~ N I '
By: L ,~~
Gail A. Kundinger, MMC, . Clerk
CERTIFICATE
The undersigned, being the duly qualifie_d clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on
August 1 o , 2004, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby. /
DATED: August 10 ,2004. L Q _~~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Date: August 10, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Nims Street Tank Painting
SUMMARY OF REQUEST:
Reject all bids on the Nims street tank. On July 27, we received four (4) bids from
qualified contractors to paint the Nims street Tank with M.K. Painting, Inc. out of Lincoln
Park, Ml being the lowest bid of $359,550.00 (see attached bid tabulation).
FINANCIAL IMPACT:
The construction cost of $359,550.00 plus associated engineering costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Reject all bids due to budget constrains
COMMITTEE RECOMMENDATION:
l~ii:@
Nelson Tank Engineering
& Consulting, Inc.
16240 National Parkway ♦ Lansing, Ml 48906 ♦ Phone (517) 321-1692 ♦ Fax (517) 321-4405
July 29, 2004 RECEIVED
CITY Of MUSKEGON
Mohammed Al-Shatel, PE AUG 02 2004
City of Muskegon
933 Terrace Street ENGINEERING DEPARTMENT
Muskegon, MI 49443-0536
RE: Notice of Award and Agreement
We have reviewed the bids for the painting of the 1,000,000-gallon Nims Street
tank. We recommend award of the project to M.K. Painting, Inc, the apparent low
bidder, with his bid of $359,550. M.K. Painting, Inc, is on our prequalified list of
tank painting contractors.
The Engineers estimate for the project was $440,000. The prices received were
very competitive as the bidders were aggressive with their pricing. We highly
recommend awarding the project for the fall. It is very unlikely you will receive
better pricing by bidding next spring.
I have enclosed three copies of the Notice of Award and four copies of the
Contract Agreement. The Notice of Award requires dating and signature. The
three copies of the Notice of Award (signed and dated) and the Contract
Agreement (unsigned) shall be sent to the Contractor. The Contractor shall be
instructed to sign and deliver the Notice of Award, Contract Agreement and
submit the required bonds and insurance certificate. The Contractor shall keep one
copy of the Notice of Award for his records.
The Owner will execute the Contract Agreement after receiving and reviewing the
required bonds and insurance certificate. NTEC will compile and prepare the fully
executed Contract Document package for each party.
Respectfully,
9:il~-
Keith A. Nelson, PE
President
Encl: NOA, Agreement, Bids
Bid Tabulations
City of Muskegon
1,000,000 Gallon Elevated Tank
Exterior Painting and Minor Repairs
PLANHOLDERS 1. Concrete 2. Weld 3. Radial 4. Exterior 5. Electrical 6. Cage 7. Exposure Total (1-7) Bi
Repairs Cathodic Arm Repaint(Co Relocation Modifica- Assessment d
Caps Seam ntainment) tion B
Sealing on
d
M.K. Painting, Inc. $5,000.00 $3,000.00 $7,000.00 $327,750.00 $14,600.00 $1,000.00 $1,200.00 $359,550.00 10
%
G & M Painting $4,900.00 $3,700.00 $6,000.00 $378,000.00 $14,600.00 $4,900.00 $1,200.00 $413,300.00 5
Enterprises %
Horizon Brothers $1,000.00 $2,500.00 $13,000.00 $416,200.00 $14,600.00 $2,000.00 $1,200.00 $450,500.00 5
Painting & * %
Construction
George Kountoupes $2,800.00 $2,400.00 $7,250.00 $364,000.00 $14,600.00 $2,150.00 $1,200.00 $394,400.00 5
Painting Co. %
*Denotes error in computation
Date: August 10, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Proposed Charter Amendment to Change City's Fiscal Year
SUMMARY OF REQUEST: As set in city charter, the city's fiscal year is currently the
same as the calendar year (January 1 - December 31). This is inconsistent with the federal,
state and virtually all other Michigan municipal fiscal years. Staff has weighed the pros and
cons of changing fiscal years and believes that there are sufficient benefits to male it
worthwhile to propose a charter amendment. Accordingly, the two attached resolutions have
been prepared which, if approved by the Commission, would place the following two
questions on November's ballot:
1. Shall the Muskegon City Charter be amended to provide that the fiscal year for the City
be established by an ordinance adopted by the City Commission? The Charter now
provides that the fiscal year shall begin January 1.
2. Shall the Muskegon City Charter be amended to provide that the date the City Manager
submits the budget to the City Commission and the date the City Commission adopts the
budget shall be set by ordinance? The Charter now provides that the City Manager must
submit the budget by September 1 and the City Commission must adopt it by SeptenlDer
25.
FINANCIAL IMPACT: Placing this item on the November general election ballot avoids
the costs of a special election. If approved, the change in fiscal years will provide a onetime
boost to the city's general fund and will facilitate other efficiercies in the handling of city
finances (see accompanying memo).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the attached resolutions.
COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
Finance
Administration
Memo
To: City Commission City Manager
From:Finance Director
Date: August 2, 2004
Re: Fiscal Year Change
Chapter VIII, Section 1 of the City Charter provides that "(t)he fiscal year of the City
shall begin January first." To the best of my knowledge, this provision has not
changed since the charter was adopted in 1919. The current budget challenges
facing the city have prompted staff to explore whether changing fiscal years could
provide practical and/or financial benefits that outweigh the political and
administrative costs of making such a change. We have concluded that it is in the
city's best interest to change fiscal years; however, it is not yet clear which fiscal
year alternative is best for the city.
Theoretically, any date could serve as the city's fiscal year-end. However,
September 30 or June 30 fiscal year-ends are the two most logical options.
Following are some of the issues weighing for and against each alternative:
September 30 Fiscal Year-end
Pros:
• Consistent with federal, state and Muskegon County fiscal years - this would
facilitate the city's grant accounting and revenue budgeting functions. As an
example, as we prepare the city's 2005 budget, we have no official state
projections of state shared revenues beyond September 30, 2005.
• Page 1
C:\Documents and Settings\boeslj\Local Settings\Temporary Internet Files\OLKB\I\IIEMO - CITY COMMISSION FY CHANGE.doc
• Probable one-time increase to fund balance - Since city property taxes are
collected entirely at the start of our present fiscal year (i.e. winter), a transitional
9-month fiscal period would include a full year's property taxes. This should
provide an increase to our beginning fund balance for a new fiscal period starting
October 1. Assuming other property tax collecting bodies (e.g. ODA, LDFA, and
TIFA) under the city's aegis also change fiscal years, similar one-time benefits
would be realized by them.
However, it must be cautioned that the property tax benefit would be somewhat
offset by these negative factors:
• State-shared revenues - Based on historical payment patterns, it is
estimated that we would receive only about 67% of our annual state
shared revenues during the 9-month stub year (75% of full-year) period.
($376,000 loss)
• CATV Franchise - We would receive only one payment (50%) during the
9-month period. ($67,500 loss)
• Summer spending - Spending for general fund activities peaks in the
summer months with special events overtime, seasonal labor, and parks
& recreation activities. A September 30 fiscal year would include all of
this peak spending.
Staff reviewed last year's data and estimates that had the city ended its fiscal
year on September 30 2003, the general fund fund balance would have been
about $613,000 higher than the actual results for December 31 , 2003:
Actual FY Ended Estimated FY Ended
December 31 , 2003 September 30, 2003
Beginning Fund Balance $2,807,996 $2,807,996
Revenues 23,328,756 17,826,939
Expenditures 23,705,334 17,590,408
Ending Fund Balance $2,431,418 $3,044,527
• Lower Audit Fees - the current December 31 fiscal year-end means that the
annual independent audit is conducted during the first four months of the
calendar year or, in other words, tax preparation season. Changing from a
• Page 2
December 31 year-end would very likely result in more competition for the city's
audit contract and lower audit fees.
• Budget Calendar - A September 30 fiscal year could fit with the city's current
budget calendar - i.e. budget submitted by September 1 and adopted by
September 25 for year beginning October 1.
Cons:
• Complicates budgeting/accounting for capital projects since most · projects are
undertaken in the summer months but are not completed by September 30.
June 30 Fiscal Year-end
Pros:
• Consistent with most other Michigan cities' fiscal years - this would have little
direct advantage other than to make data comparisons with other cities more
meaningful.
• One-time increase to fund balance - The one-time effect would be more
pronounced with a June 30 fiscal year since a full year's property taxes would be
compressed into just a six-month stub period. Also, some of the offsets
experienced with a September 30 fiscal year (e.g. summer spending) are
avoided.
Again, staff reviewed last year's data and estimates that had the city ended its
fiscal year on June 30 2003, the general fund fund balance would have been
about $1,486,000 higher than the actual results for December 31 , 2003:
Actual FY Ended Estimated FY Ended
December 31, 2003 June 30, 2003
Beginning Fund Balance $2,807,996 $2,807,996
Revenues 23,328,756 12,853,018
Expenditures 23,705,334 11,743,041
Ending Fund Balance $2,431,418 $3,91 7,973
• Page 3
• Lower Audit Fees - Again, the impact would likely be greater since the summer
months are the slowest period for most CPA firms.
• There is rumor of the state changing to an all-summer, unified property tax bill. If
this were to be mandated, a June 30 fiscal year would be preferable from a
cashflow standpoint. With a September 30 fiscal year, summer property taxes
would be collected at the end of the year potentially requiring the city to borrow
for cashflow purposes.
Cons:
• Not consistent with state or federal fiscal years.
Staff believes it is in the city's best interest to propose a charter amendment that
gives the city commission authority to set the fiscal year by ordinance. This will
provide the necessary flexibility for future commissions to deal with state mandates
(such as the unified summer tax bill). The city attorney has prepared resolutions to
place this issue on the November general election ballot. This will avoid the cost of
a special charter election.
If the ballot proposition is successful, the city commission could adopt ordinances in
December 2004 to effect a fiscal year change in 2005.
Finally, it must be emphasized that changing the city's fiscal year does not in
anyway raises taxes or fees on citizens. Property taxes will still be levied as
they currently are. The proposed change is purely administrative and allows
city finances to be handled more efficiently and effectively.
Thank you and please let me know if you have any questions.
• Page4
CITY OF MUSKEGON
Resolution No. 2004-74 (b 1 )
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Cha11cr concerning the dates for submission and
adoption of the City's budget.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter VIII, Section 3 of the Charter, to read in its entirety as follows:
Section 3.
By the dates established by ordinance adopted by the City Commission, the City Manager shall
submit to the City Commission an estimate of the contemplated expenditures and revenues for
the ensuing year and the City Commission shall detennine the amount and purpose of the
necessary expenditures for such year and shall adopt a resolution fixing the amount of the
appropriation to he made therefor. Provided, however, that the amount appropriated shall
comply with Article 9 of the State Constitution of Michigan [ 1963] and be based on the
assessable prope1iy of the City as established by the assessment roll for the current year.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
Shall the Muskegon City Charter be amended to provide that the date the City Manager
submits the budget to the City Commission and the date the City Commission adopts the
budget shall be set by ordinance? The Charter now provides that the City Manager must
submit the budget by September l and the City Commission must adopt it by September
25.
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
CITY OF MUSKEGON
Resolution No. 2004-74(b 2 )
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Charter concerning establishing the fiscal year of
the City.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter VIII, Section 1 of the Charter, to read in its entirety as follows:
Section 1. Fiscal year.
The fiscal year of the City shall be established by ordinance adopted by the City Commission.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
Shall the Muskegon City Charter be amended to provide that the fiscal year for the City
be established by an ordinance adopted by the City Commission? The Charter now
provides that the fiscal year shall begin January 1.
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
THIS RESOLUTION ADOPTED:
AYES __S=h=e£p~h~e~r~d~,'----=S£p~a~t~a~r~o::....c._,_W=a~r~m~i~n~g~t=o=n~,_-C~a~r~t=e=r~,__.,D~a~v~1~·s"--'--,-"G~a~w~r~o~n..__,_,__
and Larson
NAYES None
~==-----------------------------
C:\Documents and Sellings\boeslj\Local Sellings\Temporary Internet Files\OLKB\BO0329.DOC
CITY OF MUSKEGON
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby ·certify that the foregoing is a true and complete copy of a resolution adofted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 1 0 h
day of August , 2004, and that the minutes of the meeting are on file in the office of
the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
~fuLo.~~ -
Gail A. Kundinger, MMC, Cler
C :\Documents and Sellings\boeslj\Local Settings\Temporary Internet Files\OLKB\8O0329.DOC
Commission Meeting Date: August 1 O, 2004
Date: August 2, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cac.
RE: Zoning Administration Assistance Contract- LSL
SUMMARY OF REQUEST: With the departure of Brian Lazor, Acting
Zoning Administrator, there is a need to provide assistance in the zoning
administration area, until a new Zoning Administrator is hired. Staff
sought proposals from two firms. One (the only local firm that may have
been able to assist) did not have the time or staff available at this point.
The other, LSL, was able to provide the type of assistance needed. LSL
will provide a staff person, Joe Kinney, for two days a week in the office.
Joe will also be available for consultation by phone.
FINANCIAL IMPACT: Costs to the City will be $53/hr for Joe's services.
Additional services (e.g., writing zoning amendments) will be an
additional cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached contract
between the City of Muskegon and LSL Associates, Inc., and authorize
the Mayor and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: None.
2004-74(c)
CITY OF MUSKEGON
INDEPENDENT CONTRACT FOR SERVICES
This Agreement is effective on August 10, 2004, between City of Muskegon, a Michigan
municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and Langworthy Strader
LeBlanc & Associates, a Michigan limited liability company, of 15 Iona SW, Suite 450, Grand Rapids,
Michigan 49505 ("LSL"), with reference to the following facts:
Background
A. City needs additional staffing, on a short-term basis, in its Community and Economic
Development Department.
B. LSL possesses the qualifications, skills, and experience suitable for undertaking such
assistance.
Therefore, the parties agree as follows:
I. LSL's Qualifications. LSL represents and warrants that it is, and, at all times shall be,
qualified and professionally competent to provide the professional services required under this
Agreement.
2. Terms and Termination.
a. This Agreement shall be effective on July 27, 2004, and shall remain in full force
and effect until terminated by either party.
b. This Agreement may be terminated by either party without cause upon fourteen
(14) days written notice to the other party.
3. Duties and Compensation of LSL. LSL shall perform the activities set forth on
attached Exhibit A. LSL will assign Joseph Kinney, at a rate of $53 per hour, to carry out the duties set
forth in Exhibit A. Deb Steenhagen, at a rate of $65 per hour, will provide secondary support in the event
Mr. Kinney is unavailable at any given time or needs other assistance. Other LSL staff will be made
available and authorized, if needed and only with prior authorization from Cathy Brubaker-Clarke, to
address specific issues or requests at the rates specified in Exhibit C. Payment shall be based upon
invoices, which shall be paid monthly. LSL shall also be entitled reimbursable expenses, which are pre-
approved by the City. Mileage shall be reimbursed at 37.5 cents per mile.
LSL shall perform Services at Muskegon City Hall. At all times under this Agreement, LSL shall
maintain regular contact with staff employed by City.
4. Duties of City. City agrees that it shall provide to LSL staff those items specified in
Exhibit B. In addition, City agrees that it shall not hire either Joseph Kinney or Deb Steenhagen as a city
employee during the life of this contract or for twelve (12) months after its expiration.
C:\DOCUME-1\Clarke\LOCALS-1\Temp\808139.doc
City agrees that it shall not ask LSL to work on, assist or comment upon any project
concerning Hackley Hospital located in the City.
5. No Other Benefits. LSL shall not be entitled to receive any benefits other than those set
forth in this Agreement.
6. Expenses. LSL shall be responsible to pay for all expenses incurred by LSL related to
the performance of its duties under this Agreement and for all compensation owed to Joseph Kinney and
Deb Steenhagen.
7. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, LSL agrees
to defend, pay in behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, employees, volunteers, and others working ou behalf of the City against any and all
claims, demands, suits, or loss, including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the City, its elected and appointed
officials, employees, volunteers, or others working on behalf of the City, arising out of or is any
way connected or associated with this contract. The obligation to defend and hold harmless
extends to City's employees, agents, subcontractors, assigns and successors.
b. City Insurance Requirement. LSL shall not commence work under this
contract until obtaining the insurance required under this paragraph. All coverages shall be with
insurance companies licensed and admitted to do business in the State of Michigan and Best
Rated A VIII. All coverage shall be with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. LSL shall procure and maintain during
the life of this contract, Workers' Compensation Insurance, including Employers Liability
Coverage, in accordance with all applicable Statutes of the State of Michigan.
d. Commercial General Liability Insurance. LSL shall procure and maintain
during the life of this contract, commercial general Liability Insurance on an "Occurrence Basis"
with limits ofliability not less than $1,000,000 per occurrence and/or aggregate combined single
limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following
extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent
Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion
of all explosion, Collapse and Underground (SCU) exclusions, if applicable.
e. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional Insureds": The
City, all elected and appointed officials, all employees and volunteers, all boards, commissions
and/or authorities and board members, including employees and volunteers thereof. The
endorsement adding the City as additional insured shall read exactly as follows: "The City of
Muskegon 1.§ hereby added as an additional insured ... "
f. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement stating the
following: "It is understood and agreed that Thirty (30) days Advance Written Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to: CITY OF
MUSKEGON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT."
C:\DOCUME-1\Clarke\LOCALS-1\Temp\808139.doc
g. Proof of Insurance Coverage. The City and LSL shall provide the City at the
time the contracts are returned for execution, certificates and policies endorsing the City as
additional insured as listed below:
i. Two (2) copies of Certificate of Insurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance;
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
h. If any of the above coverages expire during the term of this contract, LSL shall
deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration
date.
8. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is delivered to the
other party at the other party's address set forth in this Agreement or at any other address that the
other party provides in writing. Notices given in person are effective on the day they are given.
b. 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.
c. Assignment or Delegation. Neither party shall assign all or any portion of its
rights and obligations contained in this Agreement without the express prior written approval of
the other party, which approval may be withheld in the other party's sole discretion.
d. 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.
e. 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.
f. 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.
g. 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.
C:\OOCUME-1\Clarke\LOCALS~1\Temp\80B139.doc
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. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
City and LSL have executed this Agreement on the date written next to their signatures to be
effective according to the terrn(s) stated in this document.
City-
Date: d/Yusf I f , 2004 CITY OF MUSK
B y : ~~ ~ ----- .
Mayor
And L Q
GailA.Kundinger, MMC
~pw
City Clerk
LSL-
Date: ~ 2 0 0 4 Strader LeBlanc & Associates, L.L.C.-
President
C:IOOCUME-1 IClarke\LOCALS-1I Temp\B08139.doc
EXHIBIT A
Duties of LSL
I. Maintain regular office hours at the City as required by the City.
2. Assist applicants and the general public with zoning and planning related questions,
applications and issues.
3. Conduct site visits for proposed development projects and perform on-site inspections for
zoning compliance of approved projects under construction.
4. Perform reviews of all zoning applications, variance requests, and related materials submitted
to the City for approval.
5. Distribute application materials to and coordinate zoning reviews by other City departments
and, as appropriate, State agencies.
6. Maintain accurate files of transactions, applications, plans, reports, correspondence, and other
materials in connection with zoning requests.
7. Prepare monthly agendas for Planning Commission and Zoning Board of Appeals meetings
and coordinate the preparation and distribution of meeting materials to the members in
advance of each meeting.
8. Consult with the Zoning Inspector and Planning Director, as needed.
9. Provide written technical recommendations on site plans, subdivision and condominium
plans, planned unit developments, special land use requests, re-zonings, and other
development proposals, in accordance with the City zoning, subdivision and condominium
ordinances, master plan, and sound planning and design principles.
I 0. Provide written summaries of zoning appeals and variance requests in accordance with the
City zoning ordinance.
11. Provide day-to-day on-site and telephone assistance/advice to City officials and applicants.
12. Prepare for and attend meetings with the City Planning Commission and Zoning Board of
Appeals.
13. Prepare for and attend other meetings of a planning or coordinating nature, with other
agencies or groups or staff/consultants, as requested and authorized.
14. Provide verbal and/or written reports, reviews and recommendations regarding revisions to
the zoning ordinance, map and text or other City land development ordinances.
15. Provide other technical services related to planning and land use.
16. Provide other duties as requested and authorized by the City, but under no circumstances will
LSL employees be asked or required to issue citations or be responsible for zoning
enforcement duties.
C:\OOCUME-1\Clarke\LOCALS-1\Temp\B0B139.doc
EXHIBITB
Duties of City
1. Provide copies of all reports, an up-to-date zoning ordinance and map, code of ordinance and
bylaws or rules of procedure, plans, maps, drawings, aerial photos, data and similar materials
relevant to the performance of the scope of services.
2. Provide all other professional, legal, engineering or accounting services connected with the
services rendered.
3. Provide publication of notices and the costs of such notices, correspondence, and required
mailings in connection with zoning procedures.
4. The City and LSL will mutually agree on the regular day(s) and hours during which the in-
house presence is required.
5. Provide, at no cost to LSL, suitable office space, desk, phone, files, and computer for the
proper conduct of the required work.
C:\OOCUME-1\Clarke\LOCALS-1\Ternp\808139.doc
EXHIBITC
Rates
The rate for Joseph Kinney shall be established at $53 per hour.
The rate for Deb Steenhagen shall be established at $65 per hour.
C:\OOCUME-1\Clarke\LOCALS-1\Temp\808139.doc
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DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-040051-Address: 1463
Sixth.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1463 Sixth -Area 10B 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: #EN040051 - 1463 Sixth.
Location and ownership: This structure is located on Sixth Street between
Washington and W. Grand Ave. It is owned by Joe Hawkey, who is incarcerated.
Staff Correspondence: A dangerous building inspection was conducted 4/12/04
and an interior inspection was conducted 5/7/04. The notice and order to
repair/remove was issued 5/7/04. On 7/1/04 the HBA declared the property
substandard and dangerous building.
Owner Contact: The owner's mother scheduled the interior inspection, but there
has been no further contact from her.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $ 15,200
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $20,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1463 Sixth
(INTERIOR INSPECTION)
5ll/04
Inspection noted:
1. All plumbing and mechanical to be replaced.
2. All interior ceilings, walls, floors are damaged - repair or replace.
3. Egress windows required in bedrooms to meet 2003 Michigan Residential
Code.
4. Handrails/guardrails required to meet 2003 Michigan Residential Code.
5. Replace bathroom ceiling - collapsing.
6. Repair or replace all damaged windows and doors.
7. 1 - 3'0" x 6'8" door required.
8. Complete roofing - siding to be replaced.
9. Scrape and paint all exterior wood.
10. Service to be finished to 2003 Michigan Residential Code.
11. All new wiring to be completed to 2003 Michigan Residential Code.
12. Smoke alarms to be installed to 2003 Michigan Residential Code.
13. All existing wiring to be replaced to meet 2003 Michigan Residential Code.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1463 Sixth-interior
(2).doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1463 Sixth
4/12/04
Inspection noted:
1. Replace all interior drywall.
2. Install smoke detectors throughout to Michigan Residential Code 2003.
3. Install egress windows as required to meet Michigan Residential Code 2003.
4. Finish roof covering, fascia, drip edge, soffit to meet Michigan Residential Code
2003.
5. Remove front planter and replace all damaged siding.
6. Remove all debris from yard.
7. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
8. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1463 Sixth-ext (2).doc
/L/63 ~~"A~ ~srj
s:7 /~aV,
DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030059-Address: 1983
Hoyt.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1983 Hoyt is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN030059 - 1983 Hoyt.
Location and ownership: This structure is located on Hoyt between Holbrook
and Keating Ave. It is owned HUD.
Staff Correspondence: A dangerous building inspection was conducted 2/19/04
and notice and order to repair/remove issued 2/20/04. On 6/3/04 the HBA
declared the property substandard and dangerous building with a 60-day delay
before forwarding to CC because there was a potential buyer for the property.
There has been no further contact from that person.
Owner Contact: The potential buyer was present at the HBA meeting, but has not
made any further contact.
Financial Impact: The cost of demolition will be paid with General funds.
Budget Action Required: None
SEV: $16,100
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $15,000, plus the cost of interior repairs.
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1983 Hoyt
2/19/04
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Colunms starting to move off damaged front porch foundation wall. Foundation
footing/wall for porch failing and must be rebuilt to prevent collapse.
3. Repair/replace all siding damage.
4. Soffitt and fascia rotting, missing from sections of roof eaves.
5. Roof covering must be replaced.
6. Chimney near state of collapse.
7. Porch entry door is rotted, missing threshold.
8. Scrape-paint all exterior wood exposed to the weather, including window frames
and sills.
9. Numerous broken windows.
10. Rafter inspection required.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\I 983 HOYT ext
(2).doc
-·
DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-040044-Address: 1530
Hoyt.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1530 Hoyt is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: #EN040044 - 1530 Hoyt.
Location and ownership: This structure is located on Hoyt between E. Grand
and Southern Ave. It is owned by the Department of Veterans Affairs.
Staff Correspondence: A dangerous building inspection was conducted 4/9/04
and notice and order to repair/remove issued the same day. An interior
inspection was conducted with a realtor on 6/1/04. On 6/3/04 the HBA declared
the property substandard and dangerous building.
Owner Contact: The realtor for the property was present at the HBA meeting and
agreed that the condition of the house is bad enough that his recommendation to
the Dept. of Veterans would be to have the house demolished.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $ 20,000
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $80,000, THIS STRUCTURE DOES NOT
APPEAR TO BE SALVAGABLE.
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1530 Hoyt
(INTERIOR INSPECTION)
6/1/04
Inspection noted:
1. Complete plumbing and mechanical to be replaced.
2. House and garage to be rewired to meet 2003 Michigan Residential Code.
3. Electric service to be replaced to meet 2003 Michigan Residential Code.
4. Smoke alarms to be installed to meet 2003 Michigan Residential Code.
5. Home is completely unsound structurally.
6. Ceiling caving in.
7. Floor system needs to be rebuilt to meet 2003 Michigan Residential Code.
8. Provide egress window.
9. Strip damaged wall coverings and reframe damaged wall systems to meet
2003 Michigan Residential Code.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA11530 Hoyt-interior
(2).doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1530 Hoyt
4/9/04
Inspection noted:
1. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
2. Entire roof system is rotted and failing.
3. House and garage have numerous broken windows.
4. Soffit and fascia rotted and falling off building on north side.
5. Side porch rotted and ready to collapse.
6. Siding rotted and falling off building.
7. House and garage partially boarded.
8. Front porch roof rotted and falling down.
9. Block fence damaged and in danger of falling down.
10. Soffits rotten on all sides of house.
11. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
DON LABRENZ II, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1530 Hoyt-ext (2).doc
\530
DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030048-Address: 523 W.
Grand.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 523 W. Grand -Area 108 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: #EN030048 - 523 W. Grand.
Location and ownership: This structure is located on W. Grand between Glade
and Park St and has been vacant since 2001. It is owned by Marshall Redder.
Staff Correspondence: A dangerous building inspection was conducted 5/13/04
and notice and order to repair/remove was issued 5/14/04. On 7/1/04 the HBA
declared the property substandard and dangerous building.
Owner Contact: Marshall Redder tried to pull a building permit on the house
without having the required interior inspection. His complaint to the state was
dismissed with the state saying "these issues are regulated by the enforcement
of locally adopted ordinances, and as such fall beyond the authority of this
agency to address." Mr. Redder was also present at the HBA meeting and again
stated he was denied a permit. The board again explained the city ordinance
requires an interior inspection on dangerous buildings before any permits will be
issued. He has refused to allow the interior inspection. On 8/2/04 the building
inspector was served to appear in court on 8/16/04 due to Mr. Redder suing over
this issue.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $ 18,500
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $7,000 plus the cost of interior repairs.
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
523 W. Grand
5/13/04
Inspection noted:
1. Front porch needs to be rebuilt to code - right column is failing, treads and
handrails are unstable.
2. Roof covering on back section of home must be replaced.
3. Missing and cracked siding - installed improperly.
4. Side door stair - landing needs to be rebuilt.
5. Back door not trimmed out properly.
6. Scrape and paint all exterior wood trim and window frames.
7. Garage roof - peeled off garage. Replace damaged siding on structure
and garage.
8. Replace all broken out windows and screens.
9. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
10. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\523 W Grand-ext
(2).doc
DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-040029-Address: 458
Mulder.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 458 Mulder 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: #EN040029 - 458 Mulder.
Location and ownership: This structure is located on Mulder between Wesley
and Jackson Ave. It is owned by Brian Bouman, who lives in Holland.
Staff Correspondence: A dangerous building inspection was conducted 2/6/04
and notice and order to repair/remove issued 2/9/04. An interior inspection was
conducted 2/13/04. On 6/3/04 the HBA declared the property substandard and
dangerous building.
Owner Contact: The owner scheduled the interior inspection and stated at that
time he planned to start repairs in April and be finished in about 90 days. He was
present at the HBA meeting with his realtor and then stated he was donating the
house to Habitat for Humanity and they planned to demolish the house and
rebuild there. Since then it was discovered the lot is not buildable and still owned
by Mr. Bouman. There has been no further contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $14,300
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $23,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
458 Mulder
2/13/04
(INTERIOR INSPECTION)
Inspection noted:
1. Rewire both units to current Michigan Residential Code.
2. Add smoke alarms to current Michigan Residential Code.
3. Replace electric services to current Michigan Residential Code.
4. Foundation damage - footing and foundation failure -replace to code - show
detail drawings.
5. Garage was converted into living space with non-compliant head room and
incomplete ceiling support.
6. Remove and replace all damaged ceilings and wall coverings.
7. Replace all damaged floor coverings.
8. Provide required exit doors 3 foot wide 6 foot 8 inches high each - to exterior.
9. All handrails, guardrails to meet code.
10. Provide bedroom egress.
11. Duct work needs to be replaced.
12. Water piping needs to be replaced.
13. Traps and waste arms beneath lavs & sinks need to be replaced.
14. Stand pipe needs to be replaced.
15. Waste & vent needs to be repaired.
16. Bathrooms need exhaust fans.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
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(2).doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
458MULDER
2/6/04
Inspection noted:
1. Windows broken.
2. Siding damaged.
3. Eighty-two (82) violations of the Property Maintenance Code noted. No effort
made to correct.
4. An interior inspection by the electrical, plumbing, mechanical and building
inspectors is required before any permits will be issued.
5. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715 and to
schedule to required interior inspection.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
ROBERT GRABINSKI, DIRECTOR OF INSPECTIONS DATE
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...
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. DATE: August 2, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030174-Address: 637
Amity.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 637 Amity -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: #EN030174-637 Amity.
Location and ownership: This structure is located on Amity between Scott and
Kenneth and is owned by Gustav Buchholz. The house was damaged by fire in
2002 and the city holds $6437 in escrow until the repairs are completed or
demolition occurs.
Staff Correspondence: The owner was notified by the Fire Marshal on 6/12/02 of
the insurance money being deposited in escrow. A board up notice was issued
3/11/02 and 4/21/03. A dangerous building inspection report was written
11/20/03 and Notice and Order to repair or remove was issued 12/3/03. On
1/8/04 the HBA declared the house substandard and dangerous.
Owner Contact: The owner (at that time Jeanette Casson) was present at the
1/8/04 HBA meeting with a potential buyer (Gustav Buchholz) of the property
who stated he intends to repair and live in the house. They were told at that time
that even though the house was being declared, they would have 30 days in
which the potential owner could bring in proof of ownership, schedule an interior
inspection and submit a timetable for repairs. Mr. Buchholz scheduled an interior
inspection for 1/29/04, but had to cancel and reschedule for personal reasons.
The interior inspection was scheduled for 2/20/04. That inspection was also
canceled and rescheduled for 2/24/04. This case had been scheduled to go
before the City Commission on 2/24/04, but was removed from the agenda when
the interior inspection was conducted. The owner was notified that permits had
to be pulled by 3/31/04, 30 day progress inspections, and a completion date of
9/1/04. On 4/5/04 Mr. Buchholz applied for a building permit, but disagreed with
the value of $40,000 for repairs and did not take the permit out. He stated he
would be back within a week and bring in estimates from his contractors to show
what he believed to be the real value for the building permit. He was told at that
time that he was already beyond the deadline date for pulling a permit and we
could not promise him that in another week he would still be allowed to pull the
permit. He left and came back 4/15/04 and dropped off estimates from a
Wyoming building contractor for all of the work to be completed. The estimates
given were from a contractor who is not registered with the city who has a "repair
service" and his estimates were for electrical, mechanical and plumbing which he
is not licensed to do. Mr. Buchholz applied for the building permit 4/27/04 and
was given 90 days due to the fact that he had already used up 2 of the 6 months
originally given. He was told at the time of issuance that if significant progress
was made the permit could be extended. On 7/22/04 an electrical permit was
issued. No plumbing or mechanical permits have been pulled and no inspections
called for.
Financial Impact The cost of demolition will be paid with money that is
escrowed from the fire.
Budget Action Required: None
SEV: $21,200
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $40,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, August 10, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
637 Amity
2124104
(INTERIOR INSPECTION)
Inspection noted:
1. 2 nd Floor entirely gutted by fire.
2. Open splices and knob & tube wiring.
3. Wiring is deteriorated.
4. All wiring to comply with Michigan Residential Code.
5. 2 nd floor plumbing to be replaced.
6. Chimney needs repair and liner installed.
7. Waste & vent in basement installed without permit.
8. Furnace to be tested and certified safe.
9. Ductwork needs cleaning.
10. Gas piping needs to be pressurized and tested.
11. Water heaters need replacing.
12. Water piping painted and needs to be replaced. Galvanized need repair.
13. Replace all damaged roof covering - sheathing, rafter - joist upper.
14. All handrails, guardrails, exterior & interior need to be replaced to code.
15. Back stairway - roof - landings - must be rebuilt to code - structural
failure.
16. Scrape and paint all exterior.
17. Replace soffit - fascia damage.
18. Floor joist cut in basement - must be resupported to bearing.
19. All damaged wall, ceiling, flooring to be replaced per code.
20. Foundation wall requires repair.
21. Smoke alarms required per code Sec. 317. - hardwired w/battery back up.
22. Support basement stairs with proper column support and frame floor
opening per MRC 2000 sec. R502.10.
23. Encapsulate all interior smoke damage.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity-interior
(2).doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
637 Amity
11/20/03
Inspection noted:
1. Windows broken & boarded.
2. Door broken and boarded.
3. Extensive fire damage to 2nd floor.
4. Extensive water damage to 1st floor.
5. Interior inspection with building, plumbing, mechanical, and electrical inspectors
required.
6. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity-Exterior
(2).doc
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