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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 22, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. FIRST READING: Zoning Ordinance Amendment for Decks.
PLANNING & ECONOMIC DEVELOPMENT
c. FIRST READING: Zoning Ordinance Amendment for Bed & Breakfast
Facilities. PLANNING & ECONOMIC DEVELOPMENT
d. MDOT Contract for Phase IV of the Lakeshore Trail. LEISURE
SERVICES
e. Lead Base Paint Abatement for 351 Erickson. COMMUNITY &
NEIGHBORHOOD SERVICES
f. Approval of Rehabilitation Contract with Lewis Johnson
Construction for 351 Erickson. COMMUNITY & NEIGHBORHOOD
SERVICES
g. Budgeted Vehicle Replacement. DEPARTMENT OF PUBLIC WORKS
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. Second Quarter 2003 Budget Reforecast. FINANCE
• NEW BUSINESS:
a. DPW Reorganization Plan. DEPARTMENT OF PUBLIC WORKS
b. Concurrence With the Housing Board of Appeals Notice and Order
to Demolish the Following:
1. 1253 Calvin
2. 590 Catherine
3. 444 Orchard (Garage only)
4. 1447 Terrace (Garage only)
5. 984 Pine
6. 940 Wood
7. 472 Monroe
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
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: July 22, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, July 7, 2003; and the Regular
Commission Meeting that was held on Tuesday, July 8, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 22, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, July 22, 2003.
Mayor Warmington opened the meeting with a prayer from Reverend Nana
Kratochvil from the Harbor Unitarian Universalist Congregation, after which members
of the City Commission and members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
Spataro; City Assistant Manager Lee Slaughter, City Attorney John Schrier and City
Clerk Gail Kundinger.
2003-56 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, July 7, 2003; and the Regular Commission Meeting that
was held on Tuesday, July 8, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Zoning Ordinance Amendment for Decks.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2307 (Permitted Yard
Encroachments) of Article XXIII (General Provisions) of the City's Zoning Ordinance
in order to clarify the setbacks for decks, and to add definitions to Article II
(Definitions) for "Deck", "Patio", and "Porch".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance as described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
c. FIRST READING: Zoning Ordinance Amendment for Bed & Breakfast
Facilities. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 700 (Principal Permitted Uses) of
Article VII (RM-1, Low Density Multiple-Family Residential) of the City's Zoning
Ordinance in order to allow bed & breakfast facilities with more than 2 guest rooms.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 7 /10 meeting. The vote was unanimous with B. Mazade, T. Harryman
and S. Warmington absent.
d. MDOT Contract for Phase IV of the Lakeshore Trail. LEISURE
SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the agreement for
construction of phase IV of the Lakeshore Trail.
FINANCIAL IMPACT: Bid price was $314,267. State will pay $240,000 and the City is to
provide $74,267.
BUDGET ACTION REQUIRED: None, the funds will come from the golf course fund.
STAFF RECOMMENDATION: Approve.
e. Lead Base Paint Abatement for 351 Erickson. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the bid with West Michigan Construction for lead
abatement at the City owned property of 351 Erickson for the total cost of $22,980.
After the lead abatement is completed the structure will be totally rehabilitated and
sold to a qualified family for home ownership.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2002 HOME
budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the low bid of $22,980 from West Michigan
Construction and authorize the mayor and clerk to sign the contract.
f. Approval of Rehabilitation Contract with Lewis Johnson Construction
for 351 Erickson. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Lewis Johnson Construction 16076
Bonita Ct., Grand Haven, Ml for the total rehabilitation of the City owned property
located at 351 Erickson for the cost of $45,900.
The property at 351 Erickson is part of the City's Comprehensive Neighborhood
Redevelopment efforts under the Jackson Hill Urban Redevelopment Project. (WGIRTT)
After the rehabilitation is completed, the home will be sold to a qualified family under
the City's ownership efforts.
FINANCIAL IMPACT: Funding will be allocated from the City's 2002 HOME fund budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
Consent Agenda as read minus item g.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
2003-57 ITEMS REMOVED FROM CONSENT AGENDA
g. Budgeted Vehicle Replacement. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two 2004 Ford Explorers.
FINANCIAL IMPACT: Total Cost $47,081.00.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of two Ford Explorers from Great Lakes
Ford.
Motion by Commissioner Schweifler, second by Commissioner Spataro to table
approval of purchase for 2004 Ford Explorers until August 12, 2003 Regular
Commissioner Meeting.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
2003-58 UNFINISHED BUSINESS:
a. Second Quarter 2003 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2003
Budget Reforecast which outlines proposed changes to the original budget that have
come about as result of changes in policy priorities, labor contracts, updated economic
conditions or other factors. For the next meeting, an action item will be placed on the
agenda for adoption of the second quarter budget reforecast together with any
additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: General fund revenues continue to deteriorate. The estimate for
City income tax revenues has been reduced by $200,000 and the shortfall in state
shared revenues, when compared to the original budget, currently stands at $515,220.
We have included in the 2nd Quarter Reforecast the projected use of another $500,000
in budget stabilization fund reserves. General fund expenditures are projected to be
$257,257 more than originally budgeted primarily due to large capital projects that
were anticipated to be completed in 2002 when the 2003 budget was prepared.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure
it reflects their policy initiatives. At the next City Commission meeting, staff will
request formal approval of the Reforecast and related budget amendments.
Motion by Commissioner Larson, second by Vice Mayor Buie to approve the Second
Quarter 2003 Budget Reforecast.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 7 /23/01
and interior inspection was conducted 8/21 /01. A Notice and Order to repair was
issued 8/2/01. The case was heard by the HBA on 9/6/01 and the case was tabled for
60 days at that time. The case was heard again 12/6/01 and the owner was again
granted 60 days to complete the exterior repairs. On 6/ 6/02 the HBA granted 120 days
to complete the exterior repairs. On 10/7 /02 the HBA declared the property
substandard and dangerous.
OWNER CONTACT: There has been no contact since the October 2002 HBA meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: General Funds
STATE EQUALIZED VALUE: $16,200
ESTIMATED COST TO REPAIR: $15,000
Motion by Commissioner Shepherd, second by Commissioner Larson to table the
decision to demolish 1253 Calvin until the Regular Commission meeting on August
12, 2003 and have staff keep Commission informed of progress.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
2. 590 Catherine
CASE# & PROJECT ADDRESS: #02-84, 590 Catherine, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Catherine between Maple and
Chestnut. It was owned by Rosemary Williams (she presides th4ere), but has gone back
to the state for taxes.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 11 /12/02
and an interior inspection was conducted 1/22/03. A Notice and Order to repair was
issued 3/21 /03. On 4/21 /03 the owner called the Inspection Department and asked
what the notice of hearing was about. She was recommended to attend the meeting
and state her intentions to the board. The case was heard before the HBA on 5/1 /03
and they declared the structure substandard and dangerous on that date. The owner
was not present for that meeting.
OWNER CONTACT: There has been no contact since the owner called the Inspection
Department on 4/21 /03.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $13,900
ESTIMATED COST TO REPAIR: $8,000
3. 444 Orchard (Garage only)
CASE# & PROJECT ADDRESS: #02-73 - 444 Orchard (Garage only), Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Orchard between Wood and
Williams. It was owned by Lucille Hayes, now deceased. Her daughter is trying to sell
the property.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 9 / 11 /02.
A Notice and Order to repair was issued 9/26/02. The case was heard by the HBA on
3/ 6/03 and the garage was declared substandard and dangerous on that date.
OWNER CONTACT: The owner is deceased and her daughter scheduled the building
inspector to do an inspection on the garage with her and he told her what repairs were
required to be done. She didn't have the money to do the repairs and is trying to sell
the house.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $14,900
ESTIMATED COST TO REPAIR: $2000 (Garage only)
4. 1447 Terrace (Garage only)
CASE# 8: PROJECT ADDRESS: #02-77 - 1447 Terrace - (Garage only), Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Terrace between Irwin and E.
Grand. It is owned by Murray Vanderstelt.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 9/11 /02.
A Notice and Order to repair was issued 9/26/02. A permit to repair the garage was
pulled by the owner 11 /12/02 and expired on 1/ 12/03 before any work was done. The
case was heard by HBA on 2/6/03 and the garage was declared substandard and
dangerous on that date, but the owner was told the Director of Inspections would delay
bringing it before City Commission until June 2003 to allow him time to repair. On
7 / 14/03 the owner was allowed to pull a new permit to repair the garage, but was
informed that if the repairs were not completed by the 7 /22/03 commission meeting,
the case would move forward for their concurrence.
OWNER CONTACT: The owner has been in the office twice to pull a permit and was
present at the HBA meeting to state that he wanted to repair the garage.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $24,400
ESTIMATED COST TO REPAIR: $2000 - Garage only
5. 984 Pine
CASE# 8: PROJECT ADDRESS: #03-03 - 984 Pine St., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Pine Street between Apple and
Walton. It is owned by Gerald Fauer.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 1 /28/03
after complaints from near by businesses and employees of the County Building of the
danger of a board hanging loose from the top of the building. An interior inspection was
conducted 2/26/03. An additional inspection report was written on 3/31 /03 and the
Notice and Order to repair was issued the same day. Because of the structural damage,
architectural drawings are required for any repairs. The case was heard by the HBA on
6/5/03 and the structure was declared substandard and dangerous. The owner was not
present at the meeting.
OWNER CONTACT: There has been no contact since the interior inspection.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: General Funds
STATE EQUALIZED VALUE: $26,700
ESTIMATED COST TO REPAIR: $25,000
6. 940 Wood
CASE# Et PROJECT ADDRESS: #02-80 - 940 Wood St., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Wood Street between Allen and
Amity. It is owned by Janice Carter.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on the garage
on 9/ 11 /02 and a notice and order to repair or remove was issued 9/26/02. The owner
pulled a permit to repair the front portion of the home and garage on 10/18/02. The
HBA heard the case on the garage on 12/5/02 and tabled the case for 210 days to allow
the owner time to try to get help with repairing the roof and garage. On 4/15/03 the
MPD notified the Director of Inspections the roof structure appeared to be near
collapse. On that date the house inspection was conducted and on 5/2/03 the HBA
heard the case. They declared the house substandard and dangerous, but voted to
delay bringing the case to commission for 90 additional days. There has been no
contact from the owner since the meeting in May.
OWNER CONTACT: There has been no contact since the interior inspection.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $15,200
ESTIMATED COST TO REPAIR: $25,000
Motion by Commissioner Spataro, second by Vice Mayor Buie to concur with Housing
Board of Appeals decision to demolish 590 Catherine, 444 Orchard (Garage only),
1447 Terrace (Garage only), 984 Pine and 940 Wood and authorize the Mayor and
City Clerk to execute a contract for demolition with the lowest responsible bidder.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
7. 472 Monroe
CASE# Et PROJECT ADDRESS: #03-15, 472 Monroe, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Monroe between Seventh and
Eighth Streets and is owned by First Concepts Development (Ed Brandel).
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 2/24/03
because of the length of time the structure was vacant and boarded. There have been
numerous police reports and the City has had the structure boarded. A Notice and
Order to repair or remove was issued 3/4/03. On 5/1 /03 the HBA declared the
structure substandard and dangerous. The owner was not present at the meeting. Ed
Brandel called the Inspection office after the meeting and scheduled an interior
inspection for 5/22/03. The inspection was conducted and a copy of the report was
faxed to him on 5/29/03. There has been no further contact.
OWNER CONTACT: There has been no contact since the interior inspection.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $23,400
ESTIMATED COST TO REPAIR: $8,000
Motion by Commissioner Shepherd, second by Vice Mayor Buie to concur with the
Housing Board of Appeals decision to demolish 472 Monroe and to authorize the
Mayor and the City Clerk to execute a contract for demolition with the lowest,
responsible bidder.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2003-60 CLOSED SESSION: Pending litigation
Motion by Vice Mayor Buie, second by Commissioner Schweifler to go into closed
session at 6: 1 Bpm.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSES
Motion by Vice Mayor Buie, second by Commissioner Schweifler to go into open
session at 7: 1 Bpm .
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 7: 18PM.
Respectfully submitted,
~Lr
Gail Kundinger, MMC
Commission Meeting Date: July 22, 2003
Date: July 11, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developm~
RE: Zoning Ordinance Amendment for Decks
SUMMARY OF REQUEST:
Request to amend Section 2307 (Permitted Yard Encroachments) of Article XXIII
(General Provisions) of the City's Zoning Ordinance in order to clarify the setbacks for
decks, and to add definitions to Article II (Definitions) for "Deck", "Patio", and "Porch".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/10 meeting.
The vote was unanimous with B. Mazade, T. Harryman and S. Warmington absent.
7/11/2003
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 10, 2003
Hearing; Case 2003-29: Staff-initiated request to amend Section 2307 (Permitted Yard
Encroachments) of the zoning ordinance regarding setbacks for decks.
BACKGROUND
Section 2307 (Permitted Yard Encroachments) currently states the following:
2. Uncovered patios, rear and side yards: Attached terraces, patios, porches and decks no more than two feet
above grade may be built to the rear or side prope1ty line where an established fence line exists.
Otherwise, uncovered terraces, patios, porches and decks shall be a minimum of three (3) feet from rear
and side property lines.
The current language is ambiguous. The word "otherwise" is intended to mean that if no
established fence line exists then decks under 2 feet above grade must be at least 3 feet from the
property line. However, this language could be interpreted to mean that decks over 2 feet above
grade can be 3 feet from property lines. The building code treats decks over 2 feet above grade
as part of the principal structure and the zoning ordinance should clearly state that they need to
meet the same setback requirements as the principal structure (house).
Staff is proposing the following changes (deletions in st1·il.@tlir11, additions in italic):
2. TT:a.sgug1·@d patios, porches i:@ar and sid@ yai;ds and decks: Attach@d t@rrac@s, Patios;
pol'.li.@s and uncovered decks no more than two feet above grade may be built to the rear
or side propetty line where an established fence line exists. Otli.@rmis@ If no established
fence line exists, t@rra.@s, patios , por.li.@s and uncovered decks no more than two feet
above grade ,;li,aU must be a minimum of three (3) feet from rear and side property lines.
All decks or porches more than two feet above grade, must comply with the setback
requirements of the principal structure.
Staff is also proposing to add the following definitions to the ordinance:
Deck: A floored structure, typically with a railing, that adjoins a house.
Patio: An uncovered, paved outside area used for several purposes including leisure, social
gatherings, etc. Patios may be attached to a home or a separate area; they may be made
Ji-om concrete, paving bricks or created from other similar products.
Porch: A covered entrance to a building, usually projecting from the wall.
City of Muskegon Planning Commission - 7/10/03
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 22, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending Section 2307 (Permitted Yard Encroachments of Article XXIII (General
Provisions), and Article II (Definitions) of the Zoning Ordinance.
The amendment changes #2 of Section 2307 to the following:
2. Patios, porches and decks: Patios and uncovered decks no more than two feet above
grade may be built to the rear or side property line where an established fence line
exists. If no established fence line exists, patios and uncovered decks no more than
two feet above grade must be a minimum of three (3) feet from rear and side property
lines. All decks or porches more than two feet above grade, must comply with the
setback requirements of the principal structure.
The amendment also adds definitions of"Deck", "Patio" and "Porch" to the Zoning Ordinance.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published _ ____c_J_u_l_,_y_2-'--9_ _ _., 2003 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO._illJ
An ordinance to amend the Zoning Ordinance of the City to amend Section 2307 (Permitted
Yard Encroachments) of Article XXIII (General Provisions) and Article II (Definitions).
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2307 of the Zoning Ordinance of the City of Muskegon is hereby amended to replace #2 as
follows:
2. Patios, porches and decks: Patios and uncovered decks no more than two feet
above grade may be built to the rear or side property line where an established
fence line exists. If no established fence line exists, patios and uncovered
decks no more than two feet above grade must be a minimum of three (3) feet
from rear and side property lines. All decks or porches more than two feet
above grade, must comply with the setback requirements of the principal
strncture.
Article II of the Zoning Ordinance of the City of Muskegon is hereby amended to add the following
definitions:
Deck: A floored structure that adjoins a house.
Patio: An uncovered, paved outside area used for several purposes including leisure,
social gatherings, etc. Patios may be attached to a home or a separate area; they may
be made from concrete, paving bricks or created from other similar products.
Porch: A covered entrance to a building, projecting from the wall.
This ordinance adopted:
Nayes:-----'O'----------------------------
Adoption Date: ,Jn 1 y 2 2 • 2 oo3
Effective Date: August 8, 2003
FirstReading: July 22 1 2003
2
Second Reading:_ __ __ _ _ _ _ ____.:__ _ _ _ _ __
CITY OF MUSKEGON . j .
By ~Q~~k
GailA.Kundinger, MMC, City ~
Commission Meeting Date: July 22, 2003 - Zoning Ordinance Amendments for Decks
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a tiue 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 the
22nd day of July, 2003, 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
DATED: July 22, • ~ 2003. L
_ L
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.
J..,.,..Jg..,.J
Gail Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (IO) days of final adoption.
Commission Meeting Date: July 22, 2003
Date: July 11, 2003
To: Honorable Mayor and City Commiss~s
From: Planning & Economic Developme~
RE: Zoning Ordinance Amendment for Bed & Breakfast Facilities
SUMMARY OF REQUEST:
Request to amend Section 700 (Principal Permitted Uses) of Article VII (RM-1, Low
Density Multiple-Family Residential) of the City's Zoning Ordinance in order to allow bed
& breakfast facilities with more than 2 guest rooms.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/10 meeting~
The vote was unanimous with B. Mazade, T. Harryman and S. Warmington absent.
7/1 1/2003
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July I 0, 2003
Hearing; Case 2003-26: Request to amend the Zoning Ordinance to permit tourist homes
with more than 2 guest rooms in the RM-1, Low Density Multiple-Family Residential
zoning district, by Elizabeth B. Sherman.
BACKGROUND
The applicant has purchased the former Bob Carr's House of Gifts and has converted it into a
Tourist Home (Bed & Breakfast). The property is zoned RM-I, Low Density Multiple-Family
Residential which allows this use, with up to 2 guestrooms. The applicant would like to add a
third guestroom.
Tourist Homes are defined in the Zoning Ordinance as:
Tourist Home - Bed and Breakfast Facilities: Any dwelling used or designed in such a manner
that certain rooms other than those used by the resident family, and occupied as a dwelling unit,
are rented to the public for compensation and shall cater primarily to the public traveling by motor
vehicle.
Tourist Homes are not considered to be home occupation businesses; in fact they are specifically
mentioned under those uses which are prohibited as home occupation businesses:
5) A lodging service including but not limited to, a tourist home, motel or hotel
Tourist Homes are permitted in the RT district under special use permit and in the RM-I district
as a principal permitted use. All RM-I principal permitted uses are also permitted in the RM-2
and RM-3 districts as well, by reference. The use is not mentioned anywhere else in the
ordinance. Therefore, there is no zoning district which currently permits a tourist home to have
more than 2 guestrooms.
Staff is proposing to amend the definition of Tourist Home as follows:
Tourist Home (Bed & Breakfast Facilities): A use which is subordinate to the principal
use of a dwelling unit as a single-family dwelling unit in which transient guests are
provided a sleeping room and board in return for payment and which does not provide
separate cooking facilities to such guests.
Staff is proposing the following regulations regarding Tourist Homes. The use would remain as
a special use in the RT district and a principal use in the RM-I, RM-2 and RM-3 districts. Staff
is also proposing that the use be added to the H district as a special use.
City of Muskegon Planning Commission - 7/10/03
Tourist homes, under the following conditions:
a. The owner/operator of the tourist home shall live full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist home
use and no exterior alterations to the structure shall be made which will change the
residential appearance of the structure.
c. Breakfast shall be served on the premises, only for guests of the facility, and no other
meals shall be provided to guests.
d No long-term rental of rooms for more than fourteen (14) consecutive days shall be
permitted. No guest may stay for more than twenty-eight (28) nights in any given year.
e. There shall be a maximum offive (5) guestrooms. No more than two (2) adults are
permitted to stay in any guestroom.
f Signage shall conform to that which is permitted for home occupation businesses only.
g. Rental of the tourist home for special gatherings such as wedding receptions and parties
shall be prohibited.
h. The property shall meet all local and state code requirements regarding bed and
brea¾fast facilities.
Parking requirements for Bed & Breakfast uses are already in place in the parking section of the
ordinance. The ordinance requires one paved, off-street parking space for each guest room as
well as two spaces for the permanent resident(s).
City of Muskegon Planning Commission - 7/10/03 2
__,,_..
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 22, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending Section 700 (Principal Permitted Uses) of Article VII (RM-1 , Low Density
Multiple-Family Residential), and Article II (Definitions) of the Zoning Ordinance.
The amendment changes #4 of Section 700 to the following:
4. Bed & Breakfast facilities, under the following conditions:
a. The owner or operator of the tourist home shall Iive full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist home
use and no exterior alterations to the structure shall be made which will change the
residential appearance of the structure.
c. Breakfast may be served on the premises, only for guests of the facility, and no other
meals shall be provided to guests.
d. No long-te1m rental of rooms for more than fourteen (14) consecutive days shall be
permitted. No guest may stay for more than twenty-eight (28) nights in any given year.
e. There shall be a maximum of five (5) guestrooms. No more than two (2) adults are
permitted to stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses only.
g. Rental of the tourist home for special gatherings such as wedding receptions and parties
shall be prohibited.
h. The prope1iy shall meet all local and state code requirements regarding bed and
breakfast facilities.
The amendment also removes the current definition of"Tourist Home - Bed and Breakfast Facilities"
from the ordinance and replaces it with a new definition for "Bed & Breakfast Facilities".
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, dilling regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
~9
Published Ju 1 y -r-2-' , 2003 CITY OF MUSKEGON
By _ _ _ __ _ __ _ _ _ _ __
Gail A Kundinger, MMC
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO2 l l 2
An ordinance to amend the Zoning Ordinance of the City to amend Section 700 (Principal
Permitted Uses) of Article VII (RM-1, Low Density Multiple-Family Residential) and Article II
(Definitions).
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 700 of the Zoning Ordinance of the City of Muskegon is hereby amended to replace #4 as
follows:
4. Bed & Breakfast facilities, under the following conditions:
a. The owner or operator of the tourist home shall live full-time on the premises.
b. No structural additions or enlargements shall be made to accommodate the tourist
home use and no exterior alterations to the strncture shall be made which will change
the residential appearance of the strncture.
c. Breakfast may be served on the premises, only for guests of the facility, and no other
meals shall be provided to guests.
d. No long-term rental of rooms for more than fourteen (14) consecutive days shall be
permitted. No guest may stay for more than twenty-eight (28) nights in any given
year.
e. TI1ere shall be a maxin1UU1 of five (5) guestrooms. No more than two (2) adults are
permitted to stay in any guestroom.
f. Signage shall conform to that which is permitted for home occupation businesses
only.
g. Rental of the tourist home for special gatherings such as wedding receptions and
parties shall be prohibited.
h. The property shall meet all local and state code requirements regarding bed and
breakfast facilities.
Article II of the Zoning Ordinance of the City of Muskegon is hereby amended to delete the definition
for "Tourist Home - Bed and Breakfast Facilities and replace it with the following definition:
Bed & Breakfast Facilities: A use which is subordinate to the principal use ofa dwelling unit
2
as a single-family dwelling unit in which transient guests are provided a sleeping room and
board in return for payment and which does not provide separate cookingfacilities to such
guests. Tourist Homes and Bed & Breaifast Facilities are identical for the purposes ofthis
ordinance.
This ordinance adopted:
Ayes:__o~ - - - - - - - - -- -- - - - - - - -- - - --
Nayes:_ ~o_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ __ _
Adoption Date: July 2 2, 2003
Effective Date: August 8, 2003
First Reading: July 22, 2003
Second Reading:._ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Commission Meeting Date: July 22, 2003 - Zoning Ordinance Amendments for Bed & Breakfast Facilities
CERTIFICATE
The undersigned, being the duly qualified 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 the
22nd day of July, 2003, 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.
rl _ .
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: July 22 , 2003. rila_....L ~fffl,A..,)
Gai Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Date: July 10, 2003
To: Honorable ~~YJ" and City Commissioners
From: Ric Scott ~ ¢/-
RE: MOOT Contract for Phase IV of the Lakeshore
Trail
SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the attached
agreement for construction of phase IV of the Lakeshore
Trail
FINANCIAL IMPACT:
Bid Price was $314,267. State will pay $240,000 the
City to provide $74,267
BUDGET ACTION REQUIRED :
None, the funds will come from the golf course fund
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirm olive Action
231 /724-6703
FAX/722-12 14
Assessor
231/724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231/724- 6716
FAX/724-4405 W~t MJchJgan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
Comm. & Neigh.
Date: July 10, 2003
Services
231/724-6717 To: Honorable Mayor and City Commissioners
FAX/726-250 I
From: Ric Scott ~
Engineering
23 I /724-6707 Re: MOOT Contract for Phase IV of the Lakeshore
FAX/727-6904
Trail
Finance
231/724-6713 Attached is the contract with MOOT for construction of
FAX/724-6768
Phase IV of the Lakeshore Trail. Staff is requesting
Fire Dept. that the commission adopt the attached resolution and
231/724-6792
FAX/724-6985 authorize the Mayor and Clerk sign the Agreement. Phase
IV of the Trail runs from Fisherman's Landing to Third
Income Tnx
231 /724-6770 St .
FAX/724-6768
The contract provides $240,000 in grant monies that the
Info. Systems
23 I /724-6744 city will match with $60,000. However, the bid for the
FAX/722-4301 project was $314 , 267, so the city will need to provide
Leisure Service $74 , 267, which will come from the golf course fund.
231 /724-6704
FAX/724-1196 Construction should begin on the project in late August
Manager's Office
with completion scheduled for next Spring.
23 I /724-6724
FAX/722-1214 Thank you for your consideration.
Mayor's Office
23 I /724-670 I
FAX/722-1214
Inspection Services
231/724-6715
FAX/726-250 I
Plonnlng/Zonlng
23 I /724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treusurer
231/724-6720
FAX/724-6768
Wnter Dllllng Dept,
231/724-6718
FAX/724-6768
Water Flllrotlon
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
RESOLUTION 2003-56 -(.d)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF PHASE IV OF THE LAKESHORE TRAIL TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Vice Mayor Buie and supported by
Commissioner Schweifler that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5336 between the Michigan
Department of Transportation and the City of Muskegon for the Construction of Phase IV of the
Lakeshore Trail within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5336 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 2 2nd day of July , 2003.
Gail A. Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on Ju 1 y 2 2 , 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION GLORIA J. JEFF
DIRECTOR
GOVERNOR LANSING
July 8, 2003
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon Ml 49443-0536
Dear Ms. Kundinger: JUL O 9 2003
RE: MOOT Contract No.: 03-5336
Control Section: STE 61407 DEP[
Job Number: 50984
Enclosed is the original and one copy of the above described contract between your organization and
the Michigan Department of Transportation (MOOT). Please take time to read and understand this
contract. If this contract meets with your approval, please complete the following checklist:
Please do not date the contracts. MOOT will date the contracts when they are executed. A
contract is not executed unless it has been signed by both parties.
Secure the necessary signatures on all contracts.
Include a certified resolution. The resolution should specifically name the officials who are
authorized to sign the contracts.
Return all copies of the contracts to my attention of the Department's Design Division, 2nd
floor for MOOT execution.
A copy of the executed contract will be forwarded to you. If you have any questions, please feel free
to contact me at (5 l 7) 335-2264.
Sincerely,
~ ~~VY'
Jackie Burch U
L\_ q_S-
D D
Contract Processing Specialist
Design Division
Enclosure
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 · LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF TRANSPORTATION GLORIA J. JEFF
GOVERNOR DIRECTOR
LANSING
August 12, 2003
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 03-5336
Control Section: STE 61407
Job Number: 50984
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
itJU.,u..,Burch~1; r,
Contract Processing Specialist
Design Division
Enclosure
cc: T. Todd, Design Support Area
A. Cluistensen, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 · LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373~2090
LH-LAN-0 (01/03)
TRANSPORTATION ENHANCEMENT DAB
NON-TRUNKLINE Control Section SIP 0261 (338)
FEDERAL-AID Job Number 50984
CONSTRUCTION BY LOCAL Project STE 61407
AGENCY Federal Item No. RR 3306
Contract No. 03-5336
THIS CONTRACT is made and entered into this date of _ _ _ A_U_G_0_?_2_0_03___
by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal
corporation, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing
the rights and obligations of the parties in agreeing to the following improvements, hereinafter
referred to as the "PROJECT":
Grading, multi-use pathway, and pedestrian bridge work for Phase IV of the Lakeshore
Trail (Shoreline Drive) from Third Street to Fisherman's Landing Park; and all together
with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
transportation enhancement activities; and
WHEREAS, it has been determined that the PROJECT qualifies for such funding by
virtue of its direct relationship with the intermodal transportation system; and
WHEREAS, the PROJECT, at the request of the REQUESTING PARTY, is being
programmed with the United States Department of Transportation, Federal Highway
Administration, hereinafter referred to as the "FHWA", for implementation with the use of
Federal Funds under the following Federal program(s) or funding:
TRANSPORTATION ENHANCEMENT ACTIVITIES
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written agreement.
' "'"'" lj"'
NOW, THEREFORE, in consideration of the premises al)£! oi.111;,.~tujll'fd':1:~~jngs of
the parties and in conformity with applicable law, it is agreed: }{ \:. t.1
L;·,~ic.:,:r~,'c,\\\
,-~•-i·Y, nr ""' ·
' ., ' '
JUL 2 S ?003
12/23/92 TE-LG.FOR 6/24/03 1
I. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
right-of-way, construction engineering and inspection, legal, financing, audit, contract
advertising, and construction contract administration are excluded from the PROJECT COST as
defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform
such administration of the PROJECT as is necessary to assist the REQUESTING PARTY to
qualify the PROJECT for Federal Aid. Such administration shall include programming the
available Federal funds for the PROJECT with the FHWA and performing such review and
oversight activities as are necessary to assist the REQUESTING PARTY in meeting applicable
Federal and State requirements.
The DEPARTMENT shall authorize the REQUESTING PARTY to proceed with the
PROJECT work in the following phases:
PHASE I: ADVERTISING OF CONSTRUCTION CONTRACT
PHASE II: AWARD OF CONSTRUCTION CONTRACT
The REQUESTING PARTY shall neither advertise nor award the construction contract
for the PROJECT prior to receipt of written authorization from the DEPARTMENT to proceed.
The DEPARTMENT shall make a final acceptance inspection of the PROJECT as
necessary to meefFederal Aid requirements. No charges will be made by the DEPARTMENT to
the PROJECT for any inspection work or constrnction engineering.
4. The REQUESTING PARTY shall perform or cause to be performed all the
PROJECT work. It is understood that portions or all of the PROJECT work will be placed under
contract by the REQUESTING PARTY. The performance of the PROJECT work will be
subject to the "General Agreement Provisions for Federal Aid Projects", attached hereto as
"EXHIBIT I", pages I through 5, and made a part hereof, and the following conditions:
A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
PROJECT, design or cause to be designed the PROJECT and shall accept
full responsibility for that design. Any review undertaken by the
DEPARTMENT are for its own purposes and are not to nor do they
relieve the REQUESTING PAR TY of liability for any claims, causes of
action, or judgments arising out of the design of the PROJECT.
12/23/92 TE-LG.FOR 6/17/03 2
B. The REQUESTING PARTY, prior to receiving authorization from the
DEPARTMENT to advertise the constrnction contract, shall certify to the
DEPARTMENT that the plans, specifications, and estimates for the
PROJECT have been prepared in compliance with applicable State and
Federal standards and regulations.
C. The REQUESTING PARTY shall secure the DEPARTMENT'S approval
of the contracting procedures to be followed by the REQUESTING
PARTY in connection with the administration of the constrnction contract
for the PROJECT. It is understood that the construction contract(s) for the
PROJECT shall be publicly advertised and awarded on the basis of the
lowest responsive bid in accordance with current FHWA and
DEPARTMENT procedures.
D. The REQUESTING PARTY, prior to receipt of authorization from the
DEPARTMENT to award the construction contract, shall certify to the
DEPARTMENT that the selection of the contractor was made in
accordance with the tenns of this contract and applicable Federal, State
and local statutes, regulations, and ordinances.
E. The REQUESTING PARTY will comply with all applicable State,
Federal and local statutes, ordinances and regulations, including, but not
limited to, those specifically relating to construction contract
administration and obtain all permits, approvals, and give appropriate
notifications that are required for the performance of the PROJECT work.
The REQUESTING PARTY agrees to comply with all applicable
requirements of Part 91, Soil Erosion and Sedimentation Control of the
Natural Resources and Environmental Protection Act, 1994 PA 451 as
amended by 1995 PA 60, MCL 324.9101 et. seq., for all PROJECT work
performed under this contract, and the REQUESTING PARTY shall
require its contractors and subcontractors to comply with the same.
F. All work in connection with the PROJECT shall be performed in
conformance with the Michigan Department of Transportation Standard
Specifications for Constrnction, special provisions, and the supplemental
specifications and plans pertaining to the PROJECT, and all materials
furnished and used in the construction of the PROJECT shall conform to
the aforesaid specifications. The REQUESTING PARTY shall neither
seek nor receive reimbursement for any extra work.
G. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall appoint a project engineer who shall be in
responsible charge of the PROJECT and ensure that the plans and
12/23/92 TE-LG.FOR 6/17/03 3
specifications are followed and shall perform or cause to be performed the
construction engineering and inspection services necessary for the
completion of the PROJECT.
Should the REQUESTfNG PARTY elect to use consultants for
construction engineering and inspection, the REQUESTING PARTY shall
provide a full-time project manager employed by the REQUESTING
PARTY who shall ensure that the plans and specifications are followed.
H. The REQUESTING PARTY, at no cost to the PROJECT or the
DEPARTMENT, shall make such arrangements or secure any and all
necessary pem1its with railway companies, utilities, concerned state,
federal, and local agencies etc., as may be necessary for the performance
of work required for the PROJECT and will forward same to the
DEP ARTMEl'iT for such reviews and approvals as may be required.
I. The REQUESTING PARTY shall require the contractor who is awarded
the contract for the construction of the PROJECT to provide, as a
minimum, insurance in the amounts specified in and in accordance with
the DEPARTMENT'S current Standard Specifications for Construction,
and to:
(1) Maintain bodily injury and property damage msurance for the
duration of the PROJECT.
(2) Provide owner's protective liability insurance naming as insureds
the State of Michigan, the Michigan State Transportation
Commission, the DEPARTMENT and its officials, agents, and
employees, the REQUESTING PARTY and any other party with
jurisdiction for the roadway being constructed as the PROJECT,
and their employees for the duration of the PROJECT and to
provide copies of certificates of insurance to the insureds. It is
understood that the DEPARTMENT does not assume either
ownership of any portion of the PROJECT or jurisdiction of any
REQUESTING PARTY highway as a result of being named as an
insured on the owner's protective liability insurance policy.
(3) Comply with the requirements of notice of cancellation and
reduction of insurance set forth in the current Standard
Specifications for Construction and to provide copies of notices
and reports prepared to those insured.
12/23/92 TE-LG.FOR 6/17/03 4
J. (I) The REQUESTING PARTY shall, within 10 days of any
ceremony to be held in connection with the PROJECT, notify the
DEPARTMENT.
(2) The REQUESTING PAR TY shall, when issuing any news release
or promotional material regarding the PROJECT, give the
DEPARTMENT and FHWA credit for participation in the
PROJECT.
(3) Upon completion of all PROJECT work, the REQUESTING
PARTY shall, within 60 days of said completion, prepare and
submit a project report in accordance with current DEPARTMENT
requirements. Said report & notification shall be submitted to:
Jacqueline G. Shinn, Transportation Enhancement Administrator
Office of Economic Development and Enhancement
425 West Ottawa, P.O. Box 30050
Lansing, Michigan 48909
Phone (517) 335-1069
K. Upon completion of all PROJECT work, the REQUESTING PARTY shall
so notify the DEPARTMENT and shall request a final acceptance
inspection thereof. In the event that there is disagreement between the
parties with respect to final acceptance, the DEPARTMENT'S decision
shall be final and binding.
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. Federal Funds shall be applied to the eligible items of PROJECT COST at
a participation ratio equal to 80 percent up to an amount not to exceed $240,000. The balance of
the PROJECT COST, after deduction of Federal Funds, shall be paid by the REQUESTING
PARTY. The PROJECT COST and the cost participation are estimated to be as follows:
ESTIMATED COST FEDERAL FUNDS* REQUESTING PARTY FUNDS
$300,000 $240,000 $60,000
*The Federal Funds which shall be applied to the eligible items of PROJECT COST are
limited to the amount provided herein. Any items of PROJECT COST not reimbursed by Federal
Funds will be the sole responsibility of the REQUESTING PARTY.
6. The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of PROJECT work. Billings for costs incurred by the
REQUESTING PARTY under the tenns of this contract shall be prepared and submitted to the
DEPARTMENT by the REQUESTING PARTY for reimbursement with Federal Funds in
accordance with the procedures of the DEPARTMENT. Progress billings may be submitted bi-
12/23/92 TE-LG.FOR 6/17/03 5
monthly during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All
billings shall be labeled either "Progress Bill Number _ _ _ _ _ " or Final Billing".
The REQUESTING PARTY shall not request reimbursement of more than 95 percent of
its eligible costs until final acceptance of the PROJECT. The REQUESTING PARTY shall
request a final acceptance inspection of the PROJECT in accordance with the provisions of
Section 4 of this contract. Final acceptance shall be secured by the REQUESTING PARTY
within six (6) months of the completion date set in the REQUESTING PARTY'S construction
contract or subsequent extension approved by the DEPARTMENT. Should the REQUESTING
PARTY fail to secure final acceptance of the PROJECT by the deadline as specified herein, the
REQUESTING PARTY shall repay all Federal funds reimbursed for the PROJECT. Upon final
acceptance of the PROJECT by the DEPARTMENT in accordance with the provisions of
Section 4 of this contract and DEPARTMENT procedures, the REQUESTING PARTY may
request final reimbursement.
7. The REQUESTING PARTY shall maintain accurate records and accounts relative
to the cost of the PROJECT. Said accounts shall be retained for a period of three (3) years after
final payment by the DEPARTMENT and shall be available for audit by the DEPARTMENT
and the FHWA.
The REQUESTING PARTY, upon completion of the PROJECT and payment of all
items of PROJECT COST related thereto, shall make a final accounting to the DEPARTMENT.
Reimbursement of any cost pursuant to this contract shall not constitute a final
determination by the DEPARTMENT of the allowability of such cost and shall not constitute a
waiver by DEPARTMENT of any violation of the terms of this contract committed by the
REQUESTING PARTY. Final settlement of costs shall be made upon completion of all
PROJECT work and the DEPARTMENT'S acceptance of an audit performed by a certified
public accountant in accordance with 49 CFR Pai118.26, and 0MB Circular A-133, and/or final
audit by the DEPARTMENT. The REQUESTING PARTY promises to promptly repay the
DEPARTMENT for any disallowed items of cost previously disbursed by the DEPARTMENT.
The REQUESTING PARTY pledges its future receipts from the Michigan Transportation Fund
for repayment of all disallowed items and, upon failure to make repayment for any disallowed
items within ninety (90) days of demand by the DEPARTMENT, the DEPARTMENT is hereby
authorized to withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Fund in settlement of said claim.
8. It is understood that the REQUESTING PARTY is the owner of the facilities
constructed as the PROJECT and that said facilities may require special or unusual operation
and/or maintenance. The REQUESTING PARTY certifies, by execution of this contract, that
upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will
properly maintain or provide for the maintenance and operation of the PROJECT, making ample
provisions each year for the performance of such maintenance work as may be required.
12/23/92 TE-LG.FOR 6/17/03 6
On projects for the construction of bikeways. the REQUESTING PARTY will enact no
ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as
the PROJECT and will amend any existing restrictive ordinances in this regard so as to allow use
of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or
walkways constructed as the PROJECT except those for maintenance purposes.
On projects involving the restoration of historic facilities, the REQUESTING PARTY
agrees that the project will not be advertised for bids until the owner of such facilities has
granted an historic preservation easement to the State of Michigan in accordance with 1995 PA
60, for the purpose of insuring that the historic property will be preserved. The REQUESTING
PARTY also agrees that such facilities shall be maintained and repaired by the REQUESTING
PARTY or owner, as applicable, at no cost to the DEPARTMENT or the PROJECT, in such a
manner as to preserve the historical integrity of features, materials, appearance, workmanship,
and environment.
On projects which include landscaping, the REQUESTING PARTY agrees to perform or
cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary
to properly establish the plantings for a period of two growing seasons, in general conformance
with Section 815.03(L) of the DEPARTMENT'S Standard Specifications for Construction. The
REQUESTING PARTY shall maintain all plantings following completion of said period of
establishment.
Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may
disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation
Enhancement projects or in other projects on roads or streets for which it has maintenance
responsibility. Federal Aid may be withheld until sllch time as deficiencies in regulations have
been corrected, and the improvements constructed as the PROJECT are brollght to a satisfactory
condition of maintenance.
9. In addition to any protection afforded by a policy of insurance, the
REQUESTING PARTY agrees to indemnify and save harmless the State of Michigan, the
Michigan State Transportation Commission, the DEPARTMENT and all officers, agents, and
employees thereof:
A. From any and all claims by persons, firms, or corporations for labor,
materials, supplies or services provided to the REQUESTING PARTY in
connection with the contract which the REQUESTING PARTY shall
perfom1 under the tem1s of this contract; and
B. From any and all claims for injuries to, or death of, any and all persons,
for loss of or damage to property, environmental damage, degradation,
response and cleanup costs, and attorney fees or other related costs, arising
out ot~ under, or by reason of this Agreement, including the design of the
12/23/92 TE-LG.FOR 6/17/03 7
PROJECT, except claims resulting from the sole negligence or willful acts
or omissions of said indenmitee, its agents, or employees.
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontrnctors or any other person not a party to this
contract without its specific consent and notwithstanding its concurrence in or approval of the
award of any contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the REQUESTING PARTY shall take no
action or conduct which arises either directlv or indirectly out of its obligations, responsibilities,
and duties under this contract, which results in claims being asserted against or judgments being
imposed against the State of Michigan, the DEPARTMENT, and/or the Michigan State
Transportation Commission.
In the event that the same occurs, for the purpose of this contract, it will be considered as
a breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
Michigan State Transportation Commission a right to seek and obtain any necessary relief or
remedy, including, but not by way of limitation. a judgment for money damages.
10. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway
Administration pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT pursuant to the tenns of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds.
Such approvals, reviews, inspections, and recommendations by the DEPARTMENT shall not
relieve the REQUESTING PARTY of its ultimate control and shall not be construed as a
warranty of their propriety or that the DEPARTMENT is assuming any liability, control, or
jurisdiction.
The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility
under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews, inspections, and recommendations under this
contract, the DEPARTMENT is perfo1111ing a governmental function, as that term is defined in
MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
11. The DEPARTMENT, by executing this contract and rendering services pursuant
to this contract, has not and does not assume either: (1) jurisdiction of any REQUESTING
PARTY highway for purposes of MCL 691.1402; MSA 3.996(102), or (2) ownership and control
of any public building for purposes of MCL 691. 1406; MSA 3. 996( 106 ). Exclusive jurisdiction
12/23/92 TE-LG.FOR 6/17/03 8
of such highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the
REQUESTING PARTY.
12. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.
13. In connection with the performance of PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set
forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Depa1iment of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and will
require similar covenants on the pa1i of any contractor or subcontractor employed in the
performance of this contract.
14. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
12/23/92 TE-LG.FOR 6/17/03 9
15. This contract shall become binding on the parties hereto· and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolution approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
12/23/92 TE-LG.FOR 6/11/03 10
RESOLUTION2003-56 {d)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF PHASE IV OF THE LAKESHORE TRAIL TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Movedby Vice Mayor Buie and supported by
Commissioner Schweifler that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5336 between the Michigan
Department of Transportation and the City of Muskegon for the Construction of Phase IV of the
Lakeshore Trail within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5336 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 2 2 nd dayof July ,2003.
BY
ATTEST
Gail A. Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on Ju 1 y 2 2 , 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
SKEGO
EXHIBIT I
GENERAL AGREEMENT PROVISIONS FOR FEDERAL AID PROJECTS
1. General Provisions:
A. The REQUESTING PARTY will comply with all FHWA requirements concerning
special requirements of law, program requirements and other administrative
requirements.
B. To qualify for eligible cost, all work shall be documented in accordance with the
requirements and procedures of the DEPARTMENT.
C. Those projects funded with Federal monies will be subject to inspection at all times
by the DEPARTMENT and theFHWA.
2. Federal Clean Air Act of 1970: The political subdivisions which are a party to this contract,
on those Federally funded projects which exceed a total cost of $100,000.00 stipulate the
following with respect to their specific jurisdictions:
A That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
B. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations ai:J.d guidelines issued thereunder.
C. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
3. Other Regulatory Requirements:
A. The REQUESTING PARTY hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements of 49 CFR Part 18 (U.S. DOT
Implementation of the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments or "Common Rule") as
they relate to the application, acceptance and use of Federal Funds for this federally-
assisted project.
TE.EXH 07/14/0 1
B. The REQUESTING PARTY shall be responsible for the accurate and detailed
accounting of the costs and expenses incurred in the performance of any part of the
PROJECT work it agrees to undertake as provided within this contract. Said
accounts shall be maintained in accordance with generally accepted government
accounting principles and 49 CFR Part 18. Said accounts shall be made available for
review and audit by the DEPARTMENT and, as required, by the FH\VA and
appropriate U.S. governmental agencies and shall be retained on file for a period of
not less than three years from the date of the final payment for work conducted under
this contract.
C. The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502, and 0MB Circular A-133. All such audits are subject to the review and
approval of the DEPARTMENT, the FHWA, and the Office of the Inspector General.
(1) Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
(2) Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name( s) of
the Department federal programs, and the CFDA grant numbers( s). This information
must also be submitted to the address below.
(3) Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
(4) Agencies must also comply with applicable State laws and regulations relative
to audit requirements.
TE.EXH 07/14/0 2
(5) Agencies shall not charge audit costs to Department's· federal programs which
are not in accordance with the 0MB Circular A-133 reqirements.
(6) All agencies are subject to the federally required monitoring activities, which
may include limited scope reviews and other on-site monitoring.
4. Retention and Custodial Requirements for Records:
A Financial records, supporting documents, statistical records and all other records
pertinent to this instrument shall be retained for a period of 3 years, with the
following exception:
(!) If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be retained until all litigation claims, or audit
findings involving the records have been resolved.
(2) Records for nonexpendable property, if any, required with Federal Funds
shall be retained for 3 years after its final disposition.
(3) When records are transferred to or maintained by FHWA, the 3-year retention
requirement is not applicable to the recipient.
B. The retention period starts from the date of the submission of the final expenditure
report.
C. The Secretary pf Transportation and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access to any pertinent
books, documents, papers and records of the recipient, and its contractors and
subcontractors, to make audits, examinations, excerpts and transcripts.
5. Equal Employment Opportunity:
A. The REQUESTING PARTY agrees to incorporate in all contracts having'• of Muskegon State of ).Iicbignu, knowr. nud dcscrihcd !lS foll•ws, to•wit:
The West 97 feet of Lot 10, Block 55 of the Revised Plat (of 1903) of the City of
Muskegon, as recorded in Liber 3 of Plats on Page 71, Muskegon County Records
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I TogetluJr with nil nnd siugular the hllrcditnmcnts and nppu, tcn;uiccs t11cr~unto llclc,ri)iin[, ot in anywise
. appcrt..o.itting;_andJhe_xcvc.rsion. '?.~ n;".~sio!'~• rerii.niuder or rl!maiudcrs, reuts, issues and profits tbcn::ol: QOtl
all the estate, right, title, interest, claim or d~mnnd wh:!.."tSOCvCr; ol the said party of the first part, either
iu Law or Equity, of, in nnd to the above bargained premises, with the said hereditam,mt.s and appurtenances;
To lfat•c and tv Uold the premises as before described, wilh the appurtenances, unto the said party
of the second part, her heirs nud assigns, FORE.VER. J\lld tile said party
o{ the first part, for 1 her heirs, c:cccutors, and ndministrn.tors, does
c:ovcn11nt, grant, bargniu and agree to and with the snicl party of thr:: second part, her
heirs and nssigns, that the said party of the first part has not l.ic.retoforc
done, committed or wittingly or willingly suffered to be done or eo111milted, nny net, m11.Uer or thing whntsocver,
whereby thc premises hereby granted, or any part thereof, is, arc or shall, or may be ehilrged or incumbcrcd in
title, est.ate. or othenvisc howsoever.*
In Witneu Wlicreof, 'fhc said parl y of the fir.st part Jrns hereunto set her hand
and seal the day and year first aUuve written .
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Signl'd, Sea.lc,d 11nd Ddivc.red in Ptt1.cne;: of
NORA WHITE. Independent Perscnal Represen-
tative of the Estate of Arizona Barnes,
Deceased
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Lot Five (5) of Block Two hundred sixteen (216) of the Revised Plat (of 1903)
of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon
County Records.
toge,her with all improvements. fixtures, easements, and appurfenances associated with the
real estate ("Property"), subject to easements, restrictions, interests, and reservations of
record~ taxes and assessment~ not yet due and payable~ and an" matters that would be:
disclosed by an accurate ALTA/ACSM Urban Land Title Survey.
This Deed is given for the consideration ofTHREE THOUSAND Dollars ($3,000.00).
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NOTICE OF HEARING BEFORE THE CITY COMMISSION
DA TE: July 11, 2003
984 Pine
(Address of Property)
TO: All owners and interested parties:
Gerald Fauer, 1511 Albert, Muskegon, Ml 49442
Owner
None
(Other interested parties)
On June 5, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
F O ~ HOUSING BOARD OF APPEALS
B:\ {M'2 Al~:.r'1.
Robert'B. Grabinski, Director of Inspections
0 \INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARINGOOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: June 6, 2003
To: Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, June 5, 2003 does hereby order that the following
structure(s) located at 984 Pine, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: May 22, 2003
Address of the Property: 984 PINE
TO: Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442
[Name & Address of Owner]
None
(Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, June 5, 2003, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued 3/31/03.
At the hearing on Thursday, June 5, 2003, at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
O ~ L F Of-THE HOUSING BOARD OF APPEALS
- ), .
0 IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
F?n~x:n~ALS
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: March 31, 2003
Address of the Property: 984 PINE
TO: Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442
[Name & Address of Owner]
None
(Interested Parties)
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. X Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. - - - Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 984 Pine, Muskegon, Michigan,
and cause said structure to be a dangerous or substandard building and a public
nuisance.
Please see the attached inspection report
CITY M1aIT~li:I~T
OF
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
984 Pine
3/31/03
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. Structural damage to upper building roof system. Incomplete repairs made and
not installed to code. Rotted, water soaked rafters; require removal of all
damaged structural members.
3. Must submit construction documents from registered design professional
(Michigan) on all repairs - fire separation - proposed use of building.
4. All repairs and remodeling must meet Michigan Building Code 2000
requirements.
5. Lower section of building has numerous water damage and structural concerns.
Construction documents and design professional required.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
TINOWSKI, BUILDING IN ECTOR DATE
O:\lnspections\Grabinski _ I .orrainc\ W ord\DANGEROUS BU ILDfNG INSPECTION REP ORTS\984
Pine.doc
Muskegon \ · i
Inspection Services :
PLAN R.EVIEW WOR~ SHEET FOR ~~ [
c:;1&::f'~ - PERMIT# _ __
DATE<~ ~S ~C,..) REVIEWER· - +· - +
' '-=->
, ,.,,.+~----------
9-rifLJSr MEET 20D0 MICHIGAN BUILDING CODE
0 MUST MEET 20D0 MICHIGAN RESIDENTIAL CODE
~ MEET BARRIER FREE REQUIREMENTS OF THE 20D0 MICHIGAN BUILDING CODE
~PPROVED SET OF DRAWINGS SHALL BE ON SITE AND AVAILABLE AT THE TIME OF ALL
SCHEDULED INSPECTIONS
~CHANGES MADE DURING CONSTRUCTION, NOT SHOWN ON THE APPROVED DRAWINGS,
SHALL BE SUBMITTED FOR APPROVAL BY THE BUILDING OFFICIAL
~SPECTIONS REQUIRED BY THIS PERMIT WILL BE PERFORMED BY CITY OF MUSKEGON
ALL WORK MUST BE INSPECTED AND APPROVED BEFORE COVERING.
8-suii:OING PERMIT MUST BE ISSUED BEFORE ANY WORK IS BEGUN, INCLUDING DEMOLITION.
~ R A T E PERMITS REQUIRED FOR ANY ELECTRICAL, MECHANICAL OR PLUMBING WORK
REQUIRED.
~ONING REQUIREMENTS MUST BE MET.
0 ARCHITECTURAL SEALED DRAWINGS REQUIRED.
0 ALL FOOTINGS MUST BE INSPECTED AFTER FORMING, AND APPROVED BEFORE POURING.
MINIMUM FOOTING DEPTH IS 42 INCHES.
0 ALL FOUNDATIONS MUST BE INSPECTED AFTER ANY REQUIRED ANCHORS AND REINFORCING
HAS BEEN INSTALLED AND APPROVED BEFORE SILL PLATE IS INSTALLED. ·
0 IF SILL STRAPS ARE USED, MANUFACTURERS SPECIFICATIONS MUST BE SUBMITTED.
~DRAWINGS OF ENGINEERED COMPONENTS ( TRUSSES, BEAMS, MANUFACTURED
JOISTS, ETC) MUST BE SUBMITTED FOR APPROVAL, AND BE ON SITE DURING ROUGH IN
INSPECTION
• Pa9e 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
984 Pine St.
(INTERIOR INSPECTION)
2/26/03
Inspection noted:
l. Replace all plumbing & mechanical.
2. Electric service is missing cover.
3. Electric wiring on 2'"1 floor to be completely replaced.
4. Wiring on l st floor has been exposed to the elements and has deteriorated.
5. Numerous open junction boxes.
6. Light fixtures and wiring are hanging down.
Note: Architectural drawings required before any renovation.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITlON OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
TINOWSKI, BUILDING INSPE . roR DATE
0:\1 nspections\Ci rabi nski __ Lorraine\ Word\DA NG EROUS BU I LD ING INSPECTION
REPORTS\STANDARD fORMS\984 Pinc.doc
CITY OF l\1USKEGON
NOTICE OF INTERIOR INSPECTION
DATE: February 3, 2003
Address of Property: 984 PINE St.
TO: Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442
[Name & Address of Owner]
None
(Interested Pmiies)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on \Vednesdav, Februarv 26,
2003 at 3:00 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
ClTY OF MUSKEGON INSPECTION SER VICES
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
984 Pinc St.
1/28/03
Inspection noted:
l. 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. Roof system on building is deteriorating. incomplete roof repairs and rotting
sheathing. incomplete flashing. parapet and cap are incomplete.
3. Fascia is falling off building- dangerous over sidewalk. Fascia is foiling off
around perimeter of building.
4. Siding is incomplete.
5. Back block walls of building are in need of structural repair: broken and missing
block.
6. Foundation rim is in need of structural repair; rotted plate and open foundation.
7. Exposed OSB soffit rotting - unprotected wood on building envelope -
deteriorating trim. doors. etc.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
DATE
O:llnspections\Grabinski_ l.mraine'Wcml\DANG EROUS 11UILDI NG INSPECTION REl'ORTS\984
Pinc.doc
Hfli\ Minutes 6/5/03
The motion carried.
Case #03-03 - 984 Pine St.
There was no one present to represent this case. Mr. Grabinski gave a history of
the case and stated if this building comes down he will not pilaster the wall - he
will take down both walls.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Nick Kroes and seconded by Jerry Bever to accept staff
recommendation.
A roll call vote was taken:
AYES NAYES: EXCUSED: ABSENT:
John Warner Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Jerry Bever
Clara Shepherd
The motion carried.
Case #02-94 - 914 W. Southern - Bank One/Barb Delello representa . /
rb Delello stated that she is a realtor and deals with bank fore sures. The
ban · st got possession of this house and got the tenant o ay 28 th . She
stated in reclosures the properties can be assigned t -5 banks, so it takes
some time. r intent is to rehab the house and s .
Mr. Grabinski state is property has bee problem for a long time and lending
institutions don't care ab t the City of uskegon, so it's buyer beware.
Staff Recommendation: Declar building substandard, a public nuisance,
and dangerous building an rward t ity commission for their concurrence.
A motion was made Clara Shepherd and sec ded by Jon Rolewicz to accept
staff recommend 10n.
A roll call te was taken:
NAYES: EXCUSED: ABSENT
6 of 8
DATE: July 15, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 01-37 Address: 1253
Calvin.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1253 Calvin 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: #01-37 - 1253 Calvin, Muskegon, Ml
Location and ownership: This structure is located on Calvin between Roberts
and Creston and is owned by Elizabeth Klein.
Staff Correspondence: A dangerous building inspection was conducted on
7/23/01 and an interior inspection was conducted 8/21/01. A notice and order to
repair was issued 8/2/01. The case was heard by the HBA on 9/6/01 and the
case was tabled for 60 days at that time. The case was heard again 12/6/01 and
the owner was again granted 60 days to complete the exterior repairs. On 6/6/02
the HBA granted 120 days to complete the exterior repairs. On 10/7/02 the HBA
declared the property substandard and dangerous.
Owner Contact: There has been no contact since the October 2002 HBA
meeting.
Financial Impact: None
Budget action required: General Funds
State Equalized value: $16,200
Estimated cost to repair: $15,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.
O:\lnspections\(Jrabinski Lorrriine\Word\CC tvfEETINUS\Agenda 1253 Calvin.doc page 1 of I
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[Narbor Title 955 West Broadway
Muskegon, MI 49441
Title Search
Case No.: 100120955
July 31, 2001
I. Beginning Date: 5/13/97, at 8:00 A.M.
Please See Attached Liber 1983, Page 202, County Records, for Legal Description:
2. We have searched the records in the office of the Register of Deeds for County, Michigan covering tlie subject
property, and find the following conveyances and undischarged encumbrances, from said beginning date to
6/22/2001, at 8:00 A.M.
Documents
Deeds: Mortgages:
Liber 1982, Page 202 NONE
Taxes:
Possible Sidewalk Assessment in the year 2002.
Possible Water/Sewer Usage Fees.
Proof of payment of invoice fees, due and payable to City
of Muskegon Treasurer in the amount of$60.00.
Payment of the 2000 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$582.64, if paid by August 31, 2001.
Note:
Permanent Parcel No.: 61-24-685-008-0013-00.
2001 State Equalized Value: $13,400.00.
2001 Taxable Value: $10,087.00.
Non-Homestead Property.
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of County,
Michigan, against:
Elizabeth Gubocki
4. No search has been made for any instrument, however designated, which has been filed as a financing statement
pursuant to the Uniform Commercial Code.
5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
the office of the Register of Deeds.
6. Under this fonn of search this company is not an insurer of above title, nor does it guarantee the title or any
evidence of title thereto.
7. Note: In consideration of the fact that the above info1mation is to be used for reference purposes only and not
relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: July 11, 2003
1253 Calvin
(Address of Property)
TO: All owners and interested parties:
Elizabeth Gubocki, 1940 Woodward, Muskegon, Ml 49442
Owner
None
(Other interested parties)
On October 3, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FO~.=jHj USjN~OA~D Of '.AP,~!~LS
B y ~ 1_ ~ vi_J.J._.c..fb_,_-~·_·J_,._ _
' - -_
Robert 13. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI LORRAINEIWORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: October 7, 2002
To: Elizabeth Klein, 1940 Woodward, Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, October 3, 2002 does hereby order that the
following structure(s) located at 1253 Calvin, Muskegon, Michigan, shall be demolished
for the reason that the said structure or structures are found, based upon the evidence
before the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
PDRTa:1__~ ~EALS:
Rob rt B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\DRDER TO DEMOLISHDOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: September 19, 2002
Address of the Property: 1253 Calvin
TO: Elizabeth Gubocki, 12689 Patricia Ave. Grant. Ml 49327
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, October 3, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is to review the status of the repairs.
At the hearing on Thursday, October 3, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSI G BOARD OF APPEALS
16
B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO TABLE THIS CASE 120 DAYS
Date of Order: June 11, 2002
Address of the property: 1253 Calvin
To: Elizabeth Gubocki. 12689 Patricia Ave. Grant. Ml 49327
Owners Name & Address
None
Names & Addresses of Other Interested Parties
, '
CASE TABLED FOR 120 DAYS
The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled for 120 days to finish the exterior repairs. All exterior repairs
are to be completed in that time and inspections called for.
This case will be reviewed again at the October Housing Board of Appeals meeting,
which you will be notified of.
If you have any questions, please call the Inspection Department at 231-724-6715.
CITY OF MUSKEGON
HOUSING BOARD OF APPEALS
rt B.Grabinski, Director of Inspections
2
CITY OF MUSKEGON
Inspection Services
'fR \-- ,
Memo \\,\ C, j\_) -
LI l( --L,::-;s cf
l ':7 (', - l{ C\ _}:, L1
To: Robert Grabinski
From: Lorraine Grabinski
CC: File
Date: 06/05/02
Re: 1253 Calvin
Beth Gubocki contacted the office this morning. She cannot make the HBA meeting
6/6, due to her work schedule. She is asking for a 120 day extension to finish the
roof because of finances and personal reasons. She is getting married August 17
and will then be able to sell her house and have the money to finish the roof. She
talked to Ardyce (CNS) about getting help, but didn't qualify because the roof doesn't
leak.
She wanted to schedule a meeting with Bob Grabinski. I told her that might not be
necessary if she could update me on where she's at with repairs. I will call her on
Friday or Monday to let her know Bob's decision.
:it: Page 1
CITY OF MUSKEGON
CITY OF MUSKEGON HOlJSING (BlJILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: May 23. 2002
Address of the Property: 1253 Calvin
TO: Elizabeth Gubocki, 12689 Patricia Ave. Grant Ml 49327
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, June 6, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace. Muskegon. MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is to review your progress on the said structure.
At the hearing on Thursday. June 6. ?002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present. if you desire,
to show cause why the structure should not be allowed or ordered demolished.
~ F MUSKEGON IN PECTIO DEPARTMENT,
tSN BEt:l.::f:_1/!i
H SI q BO OF APPEALS R?
By~,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
R ert B. Grabinski, Director of Inspections
F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: February 26, 2002
Address of the Property: 1253 Calvin, Muskegon MI
Description of the Structure: Pomona Park Addition Lots 13 & 14 Blk 8 & E ½ Garden St.
vacated
TO: Elizabeth Gubocki, 12689 Patricia Ave, Grant, MI 49327
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, March 7, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is to review your progress on the exterior repairs.
At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
CITY MUSKEGON INSPECTlON DEPARTMENT,
:y B E H t l ± ~ l ! : 1 : : : k . OF APPEALS
Rob· h B. Grabinski, Director of lnspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726--5181
Cemetery
231/724-6783
FAX/726--5617
Ch·IJ Sen·lce
231/724-{)716
FAX/724-4405 West Michigan's Shoreline City
Clerk
231/724-6705
FAX/724-4178
Comm. & Neigh.
Services
231/724-6717 December 10, 2001
FAX/726-2501
Engineering Elizabeth Gubocki
231/724-6707
FAX/727-6904
12689 Patricia Ave.
Grant, Ml 49327
Finance
231/724-6713
FAX/724-6768 Re: 1253 Calvin
Fire Dept.
231/724-{)792
FAX/724--6985
Dear Ms. Gubocki:
Income Tu
23 l /724-6770 On December 6, 2001 the Housing Board of Appeals heard your case on the
FAX/724-6768 above structure.
Info. Systems
231/724--6744
FAX/722-4301
The board's determination on this case is to grant you a sixty day extension to
complete the exterior repairs.
Leisure Service
231/724-6704
FAX/724-1196 If you have any questions, please contact this office at (231) 724-6715.
Manager's Office
231/724-6724 Sincerely,
FAX/722-1214
?id!i~
Mayor's Office
231/724--6701
FAX/722-1214
Inspection Services
231/724-6715 Director of Inspections
FAX/726-2501
RBG/lg
Phmnlng/Zonlng
231/724--6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
PubUc Works
231/724-4100
FAX/722-4 J88
Treasurer
23 I /724-6720
FAX/724--6768
Water BIiiing Dept.
231/724-6718
FAX/724--6768
Water Flltrnflon
23 I /724-4 I 06
FAX1755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, MI 49443-0536
CITY OF MUSKEGON
~"c\r~'S
INSPECTION DEPARTMENT '25cf 0 err .
(231) 724-6715 / , .---? /\" I . I, \
INSP~N SHEET F0< -(- i::c;.. '~:) ~u,·"'-'--------
' - - - , ___ ,
-!"r!lulldlng O ElectilcaJ
___
O Mechanical
, ___
O Pfumblng D Zoning
0 Fooc.c i f~'"'
6. Chimney deteriorating, in need of repair. Mechanical certification to verify
safety.
'0~ Lee I
/
tH~
7. Fascia and soffit in need ofrepair.
8. Large drop in roofrafters.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
F: llnspections\Grabinski_ Lorraine\ W ord\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMSIDB INSPECTION REPORT FORM.doc
I IBA Minutes 8/0 I
Case #01-037 - 1253 Calvin - Elizabeth Gubocki, 12689 Patricia, Grant, Ml
Ms. Gubocki was present to represent this case. Mr. Grabinski gave a history on
this case. This case came to Inspection Department by the Neighborhood
Association. Mr. Grabinski attended a Neighborhood meeting and this address
was one of their issues. He stated the problem with this property is that permits
are pulled and the work starts, then stops. This has happened for the last three
years. An interior inspection was conducted 9/6/01. The interior repairs needed
are small in number, but significant expense there. The Inspection Department is
asking for a realistic time line to get the repairs done. The home has been used
only for storage in the past and this is also an issue. The owner stated that this
property belongs to her mother. Her mother is currently in a nursing home, but
she plans to bring her back home. She has worked on the home previous to her
mother becoming ill. That is when the work stopped. The owner has estimates
for the repairs. Mr. Kroes inquired about having the money to do the interior
repairs. Ms. Gubocki stated that she does have the money. She also stated that
she didn't know there was a time frame on permits. She stated that she can
complete the exterior repairs within 60 days.
Staff Recommendation: Table this case for 60 days to allow Ms. Gubocki to
contact Henry Faltinowski to develop a time table for completion of interior
repairs and also within the 60 days the exterior repairs be completed. If progress
is not made it will be brought back to the HBA.
Motion: Motion made by Randy Mackie, seconded by John Warner to support
staff's recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Clinton Todd
Randy Mackie Fred Nielsen
John Warner
Jerry Bever
Nick Kroes
The motion carried.
Case 01-022 - 869 Emerald - Collie Dotson 869 Emerald, M kegotr,MI
No one was in a ance to repre case. Mr. Grabinski gave a history of
the case. It is a vacan roperty. It came to the Inspection Department
by a policeu;e430n. It was wide ope had broken windows. Once inside the
5 or 11
HBA Minutes 12/01
Case #01-037 -1253 Calvin - Elizabeth Gubocki 12689 Patricia, Grant, Ml
Ms. Gubocki was present to represent this case. She had some pictures to show
her progress and stated that repairs are going well. Mr. Grabinski stated this
case is back before the board because when she was last brought before the
board she was given 60 days to complete the exterior repairs and the 60 days is
up. She has made a lot of progress, but not everything was completed. Mr.
Grabinski asked if she had a timeline as far as the roof is concerned. Ms.
Gubocki asked for a 60 day extension. The property is vacant at this time.
Staff Recommendation: Give until June 1, 2002 to complete the remaining
exterior repairs as long as Ms. Gubocki continues to have contact with our office
and continue with progress.
Motion made by Randy Mackie and seconded by Nick Kroes to accept staff
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Fred Nielsen
Nick Kroes
The motion carried.
Case #00-57 - 2082 Estes - David VanKammen, 2086 Estes, Muske e ~
Mr. Va ammen was not present, but he did submit a letter e Inspection
Office with · lans and a request of an extension un · ay 1, 2002 to complete.
Staff Recommendation: quest for an extension until May 1,
2002.
Motion made by Jerry Bever a seconded by Warner to accept staff
recommendation.
A roll cal vote was en:
AYES: NAYES: EXCUSED: ABSENT:
Greg rgman
3 ors
HOUSING BOARD OF APPEALS
MEETING MINUTES
6/6/02
5:30 P.M.
ATTENDANCE Greg Borgman, John Warner, Randy Mackie, Jonathan
Rolewicz, and Nick Kroes
ABSENT:
EXCUSED: Jerry Bever and Clara Shepherd
STAFF: Robert Grabinski, Henry Faltinowski, Don LaBrenz, and
Lorraine Grabinski
GUESTS: David VanKammen, Bill Gill, Mary & Willie Fields, Scott
Livingston, Attorney Bowen, realtors & representative of
buyer for 1624 Wood St.
Meeting minutes: A motion was made by John Warner and seconded by Randy
Mackie to approve the May minutes. The motion passed.
REVIEW CASES:
#01-037 -1253 Calvin - Elizabeth Gubocki, 12689 Patricia Ave. Grant, Ml
Ms. Gubocki was not present, but she called the Inspection office and asked for
120-day extension to finish the roof. She could not be at the meeting because of
her work schedule. She is getting married in August and will then sell her house
in Grant and have the money to finish the house on Calvin. She has made good
progress so far.
Staff Recommendation: Table this case for 120 days to allow owner to finish
roof repairs.
A motion was made by Nick Kroes and seconded by Randy Mackie to accept
staff recommendation.
A roll cal vote was taken:
AYES NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Jerry Bever
John Warner Clara Shepherd
Jon Rolewicz
Nick Kroes
The motion carried.
#01-037 -1253 Calvin - Elizabeth Klein, 1940 Woodward, Muskegon, Ml / O
49442
Ms. Klein was present to represent this case. She gave a history of the work that
has been done and stated that she spoke with CNS about getting help with the
roof. Since the roof is not presently leaking, she cannot get help. She checked
on getting a loan, but was denied.
Mr. Grabinski stated that previously there was significant progress, but she has
not called for any inspections recently or made contact with the Inspection office.
He also stated there is a significant amount of work left to be done yet and had
hoped for more to be completed at this time. The need to be sure of financial
backing before taking on these projects was stressed. Ms. Klein was told that
she and her mother need to re-examine the situation because of the financial
drain.
Clara Shepherd asked Ms. Klein where she now lives and if her mother has
access to any funds to finish her house repairs. Ms. Klein stated all of her
mother's funds pay for her nursing care. Ms. Shepherd also stated that she feels
the HBA gave her ample time to complete the repairs. She was also asked why
she doesn't move into the house. She stated that she was recently married and
her husband has children and a bigger house to accommodate the family.
There was also discussion on exactly what repairs are left to be completed. The
trusses on the addition were not done correctly and have to be corrected. Randy
Mackie asked if removing the addition was a possibility. Nick Kroes also asked
about selling it.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, and forward to city commission for their concurrence.
A motion was made by Clara Shepherd and seconded by Randy Mackie to
accept staff recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Nick Kroes
Jerry Bever
Jon Rolewicz
Clara Shepherd
John Warner
The motion carried.
#02-0-W 0 Hamilton (Garage) - Scott Livingston
Ml 49445
Mr. Livingston was prese repre this case. Mr. Grabinski stated that
Henry Faltinows · 1 ding inspector) did a · ection on this garage on
9/27/02 ~~·"""'e reported the repairs are about 80°0;--,-,:,=lete. Mr. Livingston
-~faTilO his contractor was in an accident and he wants to delay putting the siding
on the back of the garage. He has the other rep_airs completed and does not
DATE: July 15, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-15 Address: 472
Monroe.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
472 Monroe is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: #03-15, 472 Monroe, Muskegon, Ml
Location and ownership: This structure is located on Monroe between Seventh
and Eighth Streets and is owned by First Concepts Development (Ed Brandel).
Staff Correspondence: A dangerous building inspection was conducted on
2/24/03 because of the length of time the structure was vacant and boarded.
There have been numerous police reports and the city has had the structure
boarded. A notice and order to repair or remove was issued 3/4/03. On 5/1/03
the HBA declared the structure substandard and dangerous. The owner was not
present at the meeting. Ed Brandel called the Inspection office after the meeting
and scheduled an interior inspection for 5/22/03. The inspection was conducted
and a copy of the report was faxed to him on 5/29/03. There has been no further
contact.
Owner Contact: There has been no contact since the interior inspection.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $23,400
Estimated cost to repair: $8,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.
0:\l nspeclions\Grnbinsk i_I ,nrrnini..:\ W ord\C:C MEET!NGS\Agenda 4 72 iV!onroe.d(K page 1 of I
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
472 Monroe
(INTERIOR INSPECTION)
5/22/03
Inspection noted:
I. Broken front porch light.
2. Open wire by back door.
3. Loose light in basement.
4. Open wire in kitchen.
5. Electric service needs to be moved away from sewer lines and sump pit.
6. Hard wired w/battery back up smoke detectors are required.
7. GFI's in kitchen and bathrooms required.
8. Burned receptacle in living room.
9. No exterior light boxes.
I 0. Guardrail is required on basement stairs.
11. Floor coverings required throughout.
12. Repair or replace broken windows.
13. Repair damaged walls and ceilings throughout.
14. Repair bathrooms.
15. Smoke detectors required - hard wired with battery back up.
All work requires a building permit. This permit must be obtained prior to work beginning.
Please contact Inspection Services with any questions: 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
HENRY FA!)TINOWSKI. BUILDING IN' PECTOR DATE
O:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\STANDA RD
FORMS\4 72 Monroe.doc
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: May 2, 2003
To: First Concepts Development, 880 1st, Muskegon, Ml 49441
Owners Name & Address
Primestone Development, 105 W. Exchange, Spring Lake, Ml 49456
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, May 1, 2003 does hereby order that the following
structure(s) located at 472 Monroe; Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the dale and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARD FORMS\ORDER TO DEMOLISH.DOC
' "
,.ciaenc . Repor t MUSKEGON POLICE DEPARTMENT 2003 - 004863 - I
Incident No Date & Time Rept Offense: 98007
2003-004863-I I 03/09/2003 15:18 SUSPICIOUS SITUATIONS
Occurred From: Occurred Until: Incident Location
03/09/2003 15:18 I 03/09/2003 15:18 472 MONROE AV
Current Disp I Disposea To Municipality District
CLOSED CLOSED LORD MUSKEGON 111
Disposition Date Juveniles Only? TTY Sent? Cance led? TTY numoer
03/09/2003 NO NO I I
Photos? Consent? Affidavit? Optional Date/Time
NO I NO NO I I 00,00
Officer Assigned Investigating Officer
10646 NELSON, ERIC ANTHONY
N Copy to Inspections for board up repair. Lt. Lora
0
T =-=-=-=-=-=-=- [03/09/2003] - - - [15:18] ---------=---=
E WIDOWS BUSTED
s
OFFENSE: BURGR B&E of Residence
=CAD TIMES: 15:18;15:18;15:18;15:23;
Name/Annress/Phone I Description
p NO PERSONS
Description/Name/Comments I Make/Model/Stat I Serial No./ Qtv/Va1ue
NO PROPERTY
Status/Plate Type/VIN I Rea1Evia1Valuel Description
NO VEHICLES
Cateqory I Description
NO M.O. INFORMATION
I I
rpt_revt.c 1.41 Date Printe 03 09 2003 Page 1
Continued MUSKEGON POLICE DEPARTMENT 2003-004863-I
Inci ent No Date & Time Rept Offense: 98007
2003-004863-I 03/09/2003 15:18 SUSPICIOUS SITUATIONS
I N TAKEN FROM WORDPERFECT DOCUMENT 2003004863.001
A 109 March 2003
R 1518 Hrs.
R
A 472 Monroe
T
I While on routine patrol on the 400 block of Monroe I noticed
V a boarded up house, 472 Monroe, with some busted windows. I
E notified CPD of my findings and investigated further.
Upon approaching the house I noted fresh footprints in the
snow leading to the front door and also going to the rear of the
house. There was a posting on the front door from City Inspections
!concerning the condition of the house. The first floor windows on
the front of the house were boarded up, but the second floor
windows were not, and were busted out. As I walked around the
house, the windows on both sides were boarded, but a basement
window on the west side was not and was busted. I looked in
through the basement window and could see that the snow on the
floor was not disturbed. I continued to the back of the house and
noted that some of the windows were boarded and others not. There
was a window on the first floor that was busted out, and upon
looking in through the window, noted that the snow on the floor was
not disturbed. The footprints in the snow lead from Monroe, to the
house, back to Monroe again.
No other action taken.
Request a copy be sent to Inspections.
CLEAR
E NELSON #18
rpt_revt.c 1.41 Date Printe 03 09 2003 Page 2
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: April 18, 2003
Address of the Property: 472 Monroe
TO: First Concepts Development LLC, 880 1•\ Muskegon, Ml 49441
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 3/4/03.
At the hearing on Thursday, May 1. 2003 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan. you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
By
1·JYG0'-
Oi-.~······ · . \
FAX/755-5290
City of I\'luskegon, 933 Terrace Street, P.
Cl
g
s~•~o.
Cl \· "".. ,.c. N··:·;;:;;o Box NO.
0
<;._.._, .Xii.
: . \ . ~ · · · · · · · · · · · · · · · · ' · · · · · · : : ' , ' .••
rci1Y, 5;;i~~-Z,P+_ 4 L\. q \.{ . _
lD
~-·i·············
..............
r- 1tl~ \., :1, o• 1,,
Inci'dent Report MU s KEGON POLICE DEPARTMENT 2002-000 6 27-I
Incident No Date & Time Rept Ottense: 99008
2002-000627-I I 01/09/2002 11:05 GENERAL ASSISTANCE
Occurred From: Occurred Unti.L: Incident Location
01/09/2002 11:05 I 01/09/2002 11:05 472 MONROE
Current Disp I Disposed To Municipa.Lity District
CLOSED CLOSED FINE MUSKEGON 111
Disposition Date
01/14/2002
JuveniTes On.Ly?
NO
TTY Sent? I Cance led?
NO
I TTY number
Photos? I Consent? Affidavit? Optional Date/Time
NO NO NO I I ,
Officer Assigned Investigating Officer
10482 BROWERS, KRISTI IRENE 10793 WOODARD, CHRISTOPHER IAN
N Copy to Patrol folder and Community Officer for follow up.
0 Sgt Flynn
T
E
s Informational
Name/Address/Phone Descrintion
p BROWN, ALBERTA Born 01/06/1938 FEMALE
E 464 MONROE Hgt. O' 0" WHITE
R MUSKEGON MI 49442 Wgt. 0
s ( 2 31) 726-5497 Hair Eves
0 REPORT/BY I 99008 GENERAL ASSISTANCE
N 01/09/2002
s FIRST CONCEPT DEVELOPMENT Born 7 I BUSINESS
880 1ST Hgt. O' 0" UNKNOWN
MUSKEGON MI 49440 Wgt. 0
Hair Eves
OWNER 99008 GENERAL ASSISTANCE
01/09/2002 I
Description/Name/Comments I Make/Model/Stat I Serial No./Qtv/Value
NO PROPERTY
Status/Plate Tvoe/VIN I Re4/Evid/Valuel Descrintion
NO VEHICLES
Cateqorv I Description
NO M.O. INFORMATION
rpt_revt.c 1.41 Date Printed: 01/22/2002 Page 1
Continued MUSKEGON POLICE DEPARTMENT 2002-000627-I
Incident No I Date & Time Rept I Otfense: 99008
2002-000627-I 01/09/2002 11:05 GENERAL ASSISTANCE
N TAKEN FROM WORDPERFECT DOCUMENT 2002000627.001
A 1-9-02
R
R ALBERTA BROWN, 726-5497, called and stated that she lives next
A door to 472 Monroe and wants to have officers check it. Alberta
T stated that a very full dumpster is in the driveway and the windows
I and doors are boarded up. Alberta stated that the front door is
V now exposed and the board is not secure. Also stated was children
E have been playin$ inside 472 and she doesn't believe it is safe.
Alberta also advised that adults have been going into the home
during night hours.
Alberta called the dumpster company and was advised that First
Concept Development ordered the dumpster.
I made a phone call to the City Assessor's Office who stated
the property is owned by First Concept Development. There is no
phone number for that company.
Request for patrol checks please.
K. Browers
rpt_revt.c 1.41 Date Printed: 01/22/2002 Page 2
Continued MUSKEGON POLICE DEPARTMENT 2002-000627-I
Incident No IDate & Time Rept I
Offense: 99008
2002-000627-I 01/09/2002 11:05 GENERAL ASSISTANCE
S TAKEN FROM WORDPERFECT DOCUMENT 2002000627.002
U 1-11-02
p
p Officer Stafford and I went to 472 Monroe today at about 1018am and
L found the east side door standing open. Officers searched the
E interior of the house finding nothing. I was unable to secure the
M door due to the way it had been kicked in. I will drop a copy of
E this report off to inspections. Woodard}25
N
T
Reviewed 01-14-02 SGT T. FINE
rpt_revt.c 1.41 Date Printea: 01/22/2002 Page 3
Continued MUSKEGON POLICE DEPARTMENT 2002-000627-I
Incident No IDate & Time Rept I Offense: 99008
2002-000627-I 01/09/2002 11:05 GENERAL ASSISTANCE
S TAKEN FROM WORDPERFECT DOCUMENT 2002000627.003
U 1-22-02
p
p I received a call from Alberta Brown this morning stating that the
L dumpster she called about before is still sitting in the driveway
E of 472 Monroe as it has been for about four months. Alberta said
M the dumpster has been full for quite some time and she would like
E some action taken to get it removed. Alberta said that the house
N continue to have the door kicked in. Woodard}25
T
rpt_revt.c 1.41 Date Printea: 01/22/2002 Page 4
!IBA Minutes 5/1/03
motion was made by Clara Shepherd and seconded by Joh arner to accept
sta ecommendation and add to the motion that the ho e inspected.
A roll call v was taken:
AYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Be r
Clar hepherd
he motion carried.
Case #03-15 - 472 Monroe - First Concept Development, 880 15 \ Muskegon
No one was present to represent this structure. It has been vacant and is
deteriorating. There are broken windows on the second floor and the city has
had the first floor boarded.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by John Warner to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Nick Kroes
Randy Mackie
Clara Shepherd
Jon Rolewicz
John Warner
Jerry Bever
The motion carried.
~Southern Andrew lolmso-n, Fr urtport, Ml
5 of 8
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