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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 23, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• SWEAR IN NEW WARD I COMMISSIONER:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Sale of Non-Buildable Lot at 370 Merrill Avenue. PLANNING &
ECONOMIC DEVELOPMENT
c. Restlawn Cemetery Upright Markers. LEISURE SERVICES
d. 2003-2004 Transportation Planning Program Funding. CITY
MANAGER
e. City - MDOT Agreement for: First Phase of Shoreline Drive (Terrace
Connector). ENGINEERING
• PUBLIC HEARINGS:
a. 2004 Budget. FINANCE
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Contractor Pre-Qualification: Filtration Plant Improvements.
ENGINEERING
b. FIRST READING: Rezoning Request for Property Located at 1344 and
1374 W. Sherman Blvd., and also the South 100 Feet of 1333
Montague Avenue. PLANNING & ECONOMIC DEVELOPMENT
c. Request for Preliminary Planned Unit Development Approval for
1344 and 1374 W. Sherman Blvd., and the South 100 Feet of 1333
Montague Avenue. PLANNING & ECONOMIC DEVELOPMENT
d. Vacation of the North/South Alley Only, in Block l, Terrace Street
Addition. PLANNING & ECONOMIC DEVELOPMENT
e. Request for Preliminary Planned Unit Development Approval for
980, 1016, 1018 and 1054 W. Sherman Blvd. PLANNING &
ECONOMIC DEVELOPMENT
f. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish the Following: INSPECTION SERVICES
1. 2037 Kinsey
2. 775 Washington - Area 12 (Garage Only)
3. 769 Washington -Area 12 (Garage Only)
4. 407 Catherine - Area 11
5. 435 Amity - Area 11
g. Fireworks Display - Summit Pyrotechnics. CITY CLERK
• ANY OTHER BUSINESS:
• 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 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON, PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BYCALUNG (231) 724-6705 OR TDD: (231) 724-4172.
Date: September 23, 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, September 8, 2003; and the
Regular Commission Meeting that was held on Tuesday, September 9,
2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 23, 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, September 9, 2003.
Mayor Warmington opened the meeting with a prayer from Pastor Akin of Central
Assembly of God Church after which the Commission and Public recited the Pledge
of Allegiance to the Flag.
SWEAR IN NEW WARD I COMMISSIONER: Judge Pittman swore in Christopher L. Carter
as the new Ward I Commissioner.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice Mayor Robert Schweifler, Commissioners
Christopher Carter, Stephen Gawron, William Larson, Clara Shepherd, and Lawrence
Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger.
2003-77 CONSENT AGENDA
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that
was held on Monday, September 8, 2003 and the Regular Commission Meeting that
was held on Tuesday, September 9, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Sale of Non-Buildable Lot at 370 Merrill Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-376-0007-40) at 370 Merrill Avenue To Stephen L. Davidson, owner of 376
Merrill Avenue, Muskegon, Ml 49441. Approval of this sale will allow the adjacent
property owner to expand their current yard. The other adjacent parcel is vacant
and owned by a landlord who also owns several other properties on the block. As is
required by City's Area 10, $1 lot sale policy, the subject parcel is being offered to the
party who has the smallest lot. The lot will, therefore, be offered to Mr. Davidson for
$1.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on
the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
c. Restlawn Cemetery Upright Markers. LEISURE SERVICES
SUMMARY OF REQUEST: In an effort to increase sales in Restlawn Cemetery, staff is
recommending that an upright marker section be created. The two sections
currently have no burials and no upright markers would be allowed in other sections
of the cemetery.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: Cemetery Committee recommends approval.
d. 2003-2004 Transportation Planning Program Funding. CITY
MANAGER
SUMMARY OF REQUEST: To approve the City's share of the local matching funds for
the Muskegon County Metropolitan Planning Program for fiscal year 10/1 /03 to
9/30/04. The City receives grant funds through this program for certain major streets.
FINANCIAL IMPACT: $16,040 from the Major Street Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request.
e. City - MDOT Agreement for: First Phase of Shoreline Drive {Terrace
Connector}. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT amending contract #92-
1465 dated May 5th , 1993 which was approved by the City Commission back on April
17, 1993. The amendment is necessary to offset the City's obligation to pay over
$866,000 as a result of overage in the project cost according to the final MDOT's
audit which was performed in 2001. It was at the time that MDOT discovered the
shortage in reimbursement by the City.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
The amendment referenced in this contract has increased the TED category A, part
"C" of the 1993 agreement from $2,959,602 to $3,826,043.54 to offset the shortfall due
to overage in the construction cost verses the estimated amount that the agreement
referenced. Furthermore, approve the resolution authorizing the Mayor and City
Clerk to sign the contract.
STAFF RECOMMENDATION: Approve the agreement and resolution.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to approve the
Consent Agenda.
ROLL VOTE: Ayes: Schweifler, Carter, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
2003-78 PUBLIC HEARINGS:
a. 2004 Budget. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's proposed
budget for the year 2004. The proposed 2004 budget has been made available for
public inspection at City Hall, Hackley Public Library and the City's website page.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan for
operations in the year 2002.
BUDGET ACTION REQUIRED: Adoption of the budget resolution in 2004.
STAFF RECOMMENDATION: After receiving comments, close the public hearing and
approve the proposed 2004, City of Muskegon Budget resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments from
the public. Marietta Barrett, 1366 Creston, asked if taxes would be raised.
Motion by Vice Mayor Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:46 p.m.
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Larson to approve the
2004 budget resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler, Carter
Nays: None
MOTION PASSES
2003-79 NEW BUSINESS:
a. Contractor Pre-Qualification: Filtration Plant Improvements.
ENGINEERING
SUMMARY OF REQUEST: To review and approve the contractor pre-qualification score
sheet. It is being proposed that the aforementioned sheet be used by the City's
consultant (Tetra Tech) and City staff to pre-qualify interested contractors based on
the items, questions and answers outlined in said form which, if approved, would be
available to all those that are interested in the project. This process, we feel, will
enable staff to solicit and accept bids from contractors that are qualified for a
project of this size.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the form as presented.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve the
contractor pre-qualification score sheet.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron
Nays: None
MOTION PASSES
b. FIRST READING: Rezoning Request for Property Located at 1344 and
1374 W. Sherman Blvd., and also the South 100 Feet of 1333
Montague Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Francis Mroz, located
at 1344 Sherman Blvd. and the south 100 feet of 1333 Montague Ave. and also to
rezone property owned by John Achterhoff Estate, located at 1374 W. Sherman Blvd.,
all from a R-1, Single-Family Residential to B-1, Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 9/11 meeting. The vote was unanimous with T. Harryman
absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt the
ordinance approving the rezoning request.
ROLL VOTE: Ayes: Shepherd, Spataro, Carter
Nays: Warmington, Schweifler, Gawron, Larson
MOTION FAILS
c. Request for Preliminary Planned Unit Development Approval for
1344 and 1374 W. Sherman Blvd .• and the South 100 Feet of 1333
Montague Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development approval
for the properties at 1344 and 137 4 W. Sherman Blvd. And the south 100 feet of 1333
Montague Ave., for a commercial development. The request is from Jim Freed.
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
preliminary approval of the PUD, with the conditions listed on the resolution, at their
9/11 meeting. The vote was unanimous with S. Warmington and T. Harryman absent.
NO ACTION TAKEN ON THIS ITEM
d. Vacation of the North/South Alley Only. in Block 1. Terrace Street
Addition. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the north/south alley only, in Block 1
of the Terrace Street Addition (block bounded by Howden St., Holbrook Ave., Terrace
St. and City Limit).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the alley, with the
condition that all City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation
of the alley with the condition that all City easement rights be retained. The vote was
unanimous with S. Warmington, J. Aslakson and T. Harryman absent.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve the
vacation of the alley.
ROLL VOTE: Ayes: Schweifler, Larson
Nays: Spataro, Warmington, Carter, Shepherd
Abstain: Gawron
MOTION FAILS
e. Request for Preliminary Planned Unit Development Approval for
980. 1016. 1018 and 1054 W. Sherman Blvd. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development approval
for properties at 980, 1016, 1018 and 1054 W. Sherman Blvd. For a mixed-use
commercial and residential (condominium) development. The Request is from
Randers Engineers and Constructors, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
preliminary approval of the PUD, with the conditions listed on the resolution at their
9/11 meeting. The vote was unanimous with S. Warmington, B. Mazade, J. Aslakson,
and T. Harryman absent.
Motion by Commissioner Larson, second by Commissioner Gawron to approve the
preliminary Planned Unit Development for properties at 980, 1016, 1018 and 1054 W.
Sherman with the conditions listed on the resolution and the development provide
access for removal of sediment and remediation of Ruddiman Creek and that it not
be an excessive expense.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron, Larson, Shepherd, Spataro
Nays: None
MOTION PASSES
f. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structures located at 2037 Kinsey,
775 Washington (Garage Only), 769 Washington (Garage Only),407 Catherine, and
435 Amity are unsafe, substandard, public nuisances and that they be demolished
within thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
1. 775 Washington - Garage only
CASE# & PROJECT ADDRESS: 003-775 Washington - Garage only
LOCATION AND OWNERSHIP: This structure is located on Washington between Henry
& Beidler in area 12, Nims Neighborhood. It is owned by Annette Homoley.
STAFF CORRESPONDENCE: This garage was written as dangerous and substandard on
5/19/03. A Notice and Order to repair or remove was issued 6/6/03. On 8/7/03 the
HBA declared the structure.
OWNER CONTACT: The owner was present at the HBA meeting in August and stated
she knows the garage needs to be removed and plans to do that herself. As of
9/12/03 she has not applied for a demo permit or started the demolition.
FINANCIAL IMPACT: The cost of demolition will be paid with General Funds.
BUDGET ACTION REQUIRED: None
SEV: $22,300
ESTIMATED COST OF REPAIRS: $4,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
2. 407 Catherine
CASE# & PROJECT ADDRESS: #02-13-407 Catherine
LOCATION AND OWNERSHIP: This structure is located on the corner of Catherine and
Wood in the Angell Neighborhood, area 11.
STAFF CORRESPONDENCE: This commercial building has been vacant and boarded
for more than one year and a dangerous building inspection report was written
4/4/02. On 7/11 /02 the HBA tabled the case for 30 days to verify the current owner,
which was the State of Michigan. A Notice and Order to repair or remove was issued
6/25/03 and the HBA declared the structure on 7/3/03.
OWNER CONTACT: The previous owner had been in contact with Inspections to verify
she did not own it any longer.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQULIZED VALUE: $37,400
ESTIMATED COST TO REPAIR: $8,000 plus additional costs to be determined during
interior inspection.
3. 435 Amity
CASE# & PROJECT ADDRESS: 03-29-435 Amity, Area 11
LOCATION AND OWNERSHIP: This structure is located on Amity between Wood and
Williams and is owned by Deutsche Bank in Texas. It is in the Angell Neighborhood.
STAFF CORRESPONDENCE: This property was written as dangerous/substandard after
being boarded since September 2001. A Notice and Order to repair or remove was
issued 7/7 /03 and on 8/7 /03 the HBA declared the structure.
OWNER CONTACT: Matrix Management has called and requested all reports and to
be added as an interested party. Gerald Singer who owns other rental properties in
the City, was in the office 9/10/03 and stated he is purchasing the property.
SEV: $18,100
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
ESTIMATED COST OF REPAIRS: $4,000 plus additional amount for interior items once
inspected.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Housing Board of Appeals recommendation to demolish 775 Washington -
garage only, 407 Catherine, and 435 Amity.
ROLL VOTE: Ayes: Schweifler, Carter, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
4. 2037 Kinsey
CASE# & PROJECT ADDRESS: 03-07, 2037 Kinsey
LOCATION AND OWNERSHIP: This structure is located on Kinsey between Hudson &
Crowley and is now owned by a David Medendorp.
STAFF CORRESPONDENCE: This structure was brought to the attention of the
Inspection Department from the MPD on 2/6/03. The inspection report was written on
that date and a notice and order to repair or remove was issued 3/5/03. The
previous owners, Harry & Kathy Jourden, let the property go back to Dean Pranger of
Texas, and he sold the structure to David Medendorp. An electrical permit was
issued on 9/9 /03.
OWNER CONTACT: During the week of 9/8/03 the director of Inspections noted
painting being done and spoke with David Medendorp. He was told any other work
to be completed must be done under a permit, including the electrical work which
was already done.
FINANCIAL IMPACT: The cost of demolition will be paid with General Funds.
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $16,400
ESTIMATED COST TO REPAIR: $5,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Larson to concur with the
Housing Board of Appeals decision to demolish 2037 Kinsey.
ROLL VOTE: Ayes: Carter, Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler
Nays: None
MOTION PASSED
5. 769 Washington - Garage only
CASE# & PROJECT ADDRESS: 03-34- 769 Washington - Garage only.
LOCATION AND OWNERSHIP: This structure is located on Washington between Henry
& Beidler in area 12, Nims Neighborhood. It is owned by Victor Rockafellow.
STAFF CORRESPONDENCE: This garage was written as dangerous and substandard
on 5/19 /03. A notice and order to repair or remove was issued 6/6/03. On 8/7 /03 the
HBA declared the structure.
OWNER CONTACT: The owner was present at the HBA meeting in August and stated
he wants to repair the garage, but doesn't agree with the building inspector's
requirement for a structural engineer to design the repairs. There has been no
contact since the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALYE: $32,800 (house & garage)
ESTIMATED COST OF REPAIRS: $5,000.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals to demolish.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler, Carter
Nays: None
MOTION PASSES
g. Fireworks Display - Summit Pyrotechnics. CITY CLERK
SUMMARY OF REQUEST: Steven Franklin is requesting approval of a fireworks display
permit for October 11, 2003 from dark till 12:00am. Fire Marshall Metcalf has reviewed
the request and recommends approval contingent on inspection of the fireworks
and approval of insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION; Approval contingent on inspection of the fireworks and
approval of insurance. Staff requests the time be changed from dark till 11 :00pm
and that Mr. Franklin publishes and ad or article in the Muskegon Chronicle notifying
the public of the event.
Motion by Commissioner Larson, second by Vice Mayor Schweifler to approve the
request.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron
Nays: None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:44PM.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: September 23, 2003
Date: September 12, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Sale of Non-buildable Lot at 370 Merrill Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-376-0007-40) at 370
Merrill Avenue to Stephen L. Davidson, owner of 376 Merrill Avenue, Muskegon, Ml
49441 Approval of this sale will allow the adjacent property owner to expand their
current yard (see attached map). The other adjacent parcel is vacant and owned by a
land lord who also owns serveral other properties on the block. As is required by City's
Area 10 $1 lot sale policy, the subject parcel is being offered to the party who has the
smallest lot. The lot will, therefore, be offered to Mr. Davidson for $1.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
9/12/2003
CITY OF MUSKEGON
RESOLUTION #2003- 77 ( b)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Stephen L. Davidson, 1667 N01th
Creston, Muskegon, MI 49445 for the purchase of a vacant, City-owned lot located adjacent to
his property at 376 Merrill Avenue (parcel #24-205-376-0007-40);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with prope1ty disposition goals and
the Area 10 $1 lot program;
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 ELY 33 FT OF WLY 264 FT LOT 7 EX N 20 FT BLK 376 be sold to Stephen L.
Davidson for $1 .
rd
Resolution adopted this 23 day of September, 2003.
Ayes: Sch we if ler, Carter, Gawron, Larson, Shepherd, Spa taro,
Warmington
Nays: None
Absent:
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
This resolution was adopted at a regular meeting ofthe City Commission, held on September 23,
2003. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
~ .gdi~
Clerk
w
_A_ --
zy~
;:
1-~~J~-_I - -I_
11_/_l__ i
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to STEPHEN DAVIDSON, a married man, of 1667 North Creston Street, Muskegon, Michigan
49445,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE EASTERLY 33 FEET OF THE WESTERLY
264 FEET OF LOT 7, EXCEPT THE NORTH 20 FEET OF BLOCK 376 (common address: 370 Merrill)
for the sum of: One Dollar ($ 1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining prope1ty owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ..did,_ day of .S'f'fem,(, c , 2003.
Signed in the presence of:
,~5do .42 ~,r
Gail A. Kundinger, MMC, Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this c£9t;,
day of ,Sepfemdi'c, 2003,
by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk; respectively, of the
CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
d.:nda J>.
L,/Jtea _\. le,/--,~~.,,..
, Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: Z- a ,,;,--o
4;
Muskegon, MI 49443-0786
Telephone: 231/722-162 I
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguitm\LOCALS-1\Temp\849295.DOC
Date: September 1 O, 2003
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Restlawn Cemetery Upright Markers
SUMMARY OF REQUEST:
In an effort to increase sales in Restlawn Cemetery,
staff is recommending that an upright marker section be
created. The two sections currently have no burials and
no upright markers would be allowed in other sections of
the cemetery.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Cemetery Committee recommends approval
Affirmalive Action
(231)724-6703
FAX: (23 1)722-1214
~Wffi~1\l'8otization
A\2
•AX: (231)726-5 18 1
g •JWi.\!G~§! '""tmcnt
FAX: (23 1)726-5617
C ity Manager
{231)724-6724
FAX: (231)722-12 14
C ivil Service
1•AX:
231\724-6716
(23 1)724-4405
Date.• September 10, 2003
To: Honorable ~;/', a_nj _city Commissioner s
C lerk
(231)724-6705
FAX: (23 1)724-4178 From: Ric Scott /?c/U">q--
Re: Restlawn Cemetery Upright Markers
Over the past several years, there have not been a lot
of grave sales in Restlawn Cemetery. In fact, there
C omputer Info.
have been a lot of graves sold back to the city.
,2~m~'l'-~m
FAX: (231)722-4301
At the Cemetery Committee meeting in August, staff
proposed to create an area within Restlawn where upright
markers could be placed. Staff believes that one of the
reasons people don't want to be in Restlawn is that they
BNfr7~ 0
i~"Jl~ can't have upright markers.
FAX: (23 1)724-6768
The attached map shows that sections 23 and 24 would be
designated for upright markers. Upright markers would
not be allowed in any other section of Restlawn. This
Income Tax
area is currently undeveloped, so there are no other
{231)724-6770
FAX: (23 1)724-6768 burials in this area at this time.
The Cemetery Committee r ecommended approval of staff's
1Jff1'l~~i,8{5rviccs
11
recommendations. I would ask that change the current
1•AX: (231)728-4371
policy that prohibits upright markers in Restlawn and
Leisure Ser vices authorize staff to develop sections 23 and 24 for
{231)724-6704
J.'AX: (23 1)724- 1196 upright markers. The cost for this area would be the
same as in the other cemetery's that have upright
markers.
Thank you for your consideration.
Plonnin!!/Zoning
(231)724'-6702
FAX: (23 I )724-6790
/i~\\;R~f~!lf'cnt
FAX: (23 1)722-5 140
\~~~l\fi
rl~~lli~2 Dept.
FAX: (23 1)722-4 188
Treasurer's Office
{23 1)724-6720
FAX: (23 1)724-6768
mm2~'.~~1\ Dept.
FAX: (23 1)724-6768
Wnter Filtration
{231\724-4106
FAX: (23 I )755-5290
City of Muskegon, 933 Terrace Street, P..o. :Qox 536, Muskegon, MI 49443-0536
www.shorehnec1ty.com
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31
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AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _..,,9.,.,,/2,,,3"'/0""3-
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 8, 2003
RE: 2003-2004 Transportation Planning Program Funding
SUMMARY OF REQUEST:
To approve the City's share of the local matching funds for the Muskegon County Metropolitan
Planning Program for fiscal year 10/1 /03 to 9/30/04. The City receives grant funds through this
program for certain major streets.
FINANCIAL IMPACT:
$16,040 from the Major Street Fund.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve this request.
COMMITTEE RECOMMENDATION:
None.
JMS - 0: (2004-TRANSPLAN)
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
WEST MICHIGAN SHORELINE
REGIONAL DEVELOPMENT COMMISSION
Memorandum
Date: September 3, 2003
To: The Honorable Steve Warmington
Mayor, City of Muskegon
From: · Nancy Crandall, Chairperson
Transportation Policy Committee
Mayor, City of Norton Shores
Subject: Local Matching Funds
West Michigan Metropolitan Transportation Planning Program(WestPlan)
The Work Program and Budget for the Fiscal Year 2004 (October 1, 2003 through
September 30, 2004) for the West Michigan Metropolitan Transportation Planning Program
(WestPlan) was approved by the Transportation Policy Committee on July 30, 2003. A
copy of the Work Program and Budget was forwarded to your representative on the
Transportation Policy Committee.
The dues for participating jurisdictions is identified in the attachment. If you have any
questions or comments regarding the Work Program and Budget, please call me or the
Regional Commission's Executive Director, Sandeep Dey.
ms
Enclosure
cc: Bryon Mazade I
EC IV D
SEP 5 2003
316 MORRIS AVENUE, SUITE 340
(231) 722-7878
P.O. BOX 387
MUSKEGON, MICHIGAN 49443-0387 FAX (231) 722-9362
WWW.WMSRDC.ORG E-MAIL: WMSRDC@WMSRDC.ORG
West Michigan Metropolitan Transportation Planning Program (WestPlan)
Dues Structure
May 2003
Muskegon County
Dues Population
City of Muskegon $16,040.00 40,105
Muskeaon Heiahts $4,820.00 12,049
Roosevelt Park $1,560.00 3,890
Norton Shores $9,010.00 22,527
North Muskeaon $1,620.00 4,031
Villaae of Fruitport $500.00 1,124
*MCRC $22,180.00 55,446
Sub Total $55,730.00
Ottawa County
Dues Population
City of Grand Haven $4,470.00 11,168
City of FerrysburQ $1,220.00 3,040
Villaae of Sorina Lake $1,010.00 2,514
*OCRC FAUB $13,310.00 33,274
Ottawa Countv $20,000.00 49,996
Sub Total $40,010.00
Transit Aqencies
Dues
Harbor Transit $1098.00
Muskegon Area Transit $5,000.00
Svstem
Sub Total $6,098.00
TOTAL $101,838.00
1 Dues calculated based on $.40 per capita using 2000 Census
2 Village of Fruitport assessed flat fee of $500.00
3 MATS and Harbor Transit are at an 82/18 split, respectively, for a total of
$6,098.00. This breakdown is a result of the breakdown of FTA eligibility
4 The total population of any complete township that has any part of it jurisdictional
lines included within the census defined urban boundary is used to compute the
dues for Road Commissions.
*Townships included:
Muskegon County: Sullivan, Egelston, Dalton, Fruitport (minus village
population), Laketon and Muskegon
Ottawa County: Grand Haven, Robinson, Crockery and Spring Lake
Local Governments in the Muskegon/Grand Haven area are expected to
receive $10 to $15 million annually in federal transportation funds through the
West Michigan Shoreline Regional Development Commission's MPO Program.
INVOICE
WEST MICHIGAN SHORELINE
REGIONAL DEVELOPMENT COMMISSION
:31 6 MORRIS AVE., #:340 • P.O. BOX :387 • MUSKEGON, Ml 49440-0:387
PHONE (2:31) 722-7878 • FAX (2:31 l 722-9:362
WEBSITE - www.WMSRDC.ORG
SOLD TO SHIPPED TO
I City of Muskegon 7
Steve Warmington, Mayor
P.O. Box 536
L -Muskegon,
---- -----·--·~
--
MI 49443
INVOICE NO,
004028
I
City of Muskegon's share of the Fiscal Year 2004
transportation Planning Program. $16,040.00
CR: 6341.0346.1 $13,910.00 6341.0346.3 $2,130.00
Reorder Item #NVR73 Please Call Toll Free: 1-800-527-9530 ORIGINAL
©EGI, 1982, Printed in U.S.A
Date: September 23, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
First Phase of Shoreline Dr. (Terrace Connector)
SUMMARY OF REQUEST:
To approve the attached contract with MOOT amending contract# 92-1465 dated
May 51h, 1993 which was approved by the City Commission back on April 17, 1993.
The amendment is necessary to offset the City's obligation to pay over $866,000 as a
result of overage in the project cost according to the final MDOT's audit which was
performed in 2001. It was at that time that MOOT discovered the shortage in
reimbursement by the City.
The amendment referenced in this contract has increased the TED category A, part
"C" of the 1993 agreement from $2,959,602 to $3,826,043.54 to offset the shortfall
due to overage in the construction cost verses the estimated amount that the
agreement referenced. Furthermore, approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2003-77 ( e)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON AMENDING CONTRACT
NO. 92-1465 FOR THE CONSTRUCTION OF PHASE I OF SHORELINE DRIVE (TERRACE
CONNECTOR) BETWEEN FOURTH STREET & US-31 BR TO THE SOUTH. TOGETHER WITH
THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Vice Mayor Schwei fler and supported by
Commissioner Gawron that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5510 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5510 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 23rd day ofSepternber, 2003.
ATTEST ~
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
~ 23 , 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 0FMICHIGAN
GLORIA J. JEFF
JENNIFER M. GRANHOLM
GOVERNOR
DEPARTMENT OF TRANSPORTATION DIRECTOR
LANSING
November 6, 2003
Ms. Gail Kundinger
Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MOOT Contract Number: 03-5510
Control Section: EDAF 61522; EDA 61522
Job Number: 34029; 33997; 30195; 33893; 33894; 34029
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
i~~~
Jackie Burch
Contract Processing Specilist
Design Support Area
Enclosure
Cc: M. Kapp, Economic Development
Project Accounting, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.mlchigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
CAB
AMENDMENT TO CONTRACT 92-1465 Control Section EDA 61522; EDAF 61522
Job Number 30195; 33893; 33894; 33997;
34029
Project STP 31-2(343); STP 2007(060)
Federal Item No. EB 2007; EB 2006
Contract No. 03-5510
THIS AMENDATORY CONTRACT is made and entered into this date of
NOV O6 2003 , 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 this
Amendment to CONTRACT #92-1465.
WITNESSETH:
WHEREAS, the parties to the Amendment have heretofore, by a Contract dated May 5,
1993, hereinafter referred to as "CONTRACT 92-1465" provided for the construction and
financing of that which is hereinafter referred to as the "PROJECT" and is described as follows:
RR TRACK WORK - CONTRACTED
PART A- STP 2007(060); EDAF 61522; JOB #34029; FED ITEM EB2006
The construction with rubber crossing materials of at-grade crossings of tracks for the
CSX Transportation, hereinafter referred to as the "RAILROAD", with the streets at the
following locations within the City of Muskegon, Michigan; and all together with
necessary related work:
Crossing X2 of61-12-41
At-grade crossing of tracks with Third Street, including installation of signals and
crossbucks.
Crossing X2 of61-12-43
At-grade crossing of one track with Fourth Street, including installation of signals
and crossbucks.
Crossing Xl of61-12-50
At-grade crossing of one track with Western Avenue, including installation of
signals and crossbucks.
Crossing X 1 of 61-12-49
At-grade crossing of one track with Seventh Street, including installation of
signals and crossbucks.
2/4/87 amend.for 8/20/03 1
Crossing Xl of61-12-47
At-grade crossing of one track with Fifth Street, including installation of signals
and crossbucks.
The complete removal of at-grade crossing of the tracks of the RAILROAD at the
following locations; and all together with necessary related work:
Terrace Street Ninth Street
Mart Street Third Street
Western Avenue Fourth Street
Complete removal of the at-grade crossing of the track of Michigan Shore Railroad with
Beidler Street; and all together with necessary related work.
PART B - EDA 61522; JOB #33997
Removal of existing tracks and installation of approximately 1.19 miles of unencased
railroad tracks for the RAILROAD, including two No. 10 turnouts from Henry Street to
Terrace Street; and all together with necessary related work.
ROADWORK
PART C-EDA 61522; JOB #30195
The construction of a new roadway or the reconstruction of the existing roadway to
provide a four to five lane roadway with curb and gutter, including adjustment or
construction of drainage structures as may be required; together with necessary related
work; at the following locations within the corporate limits of the City of Muskegon:
Glade Street from Southern Avenue to Washington Avenue;
Western Avenue from Division Street to Eighth Street;
Ninth Street from US-3 lBR to Western Avenue;
Terrace Street (Shoreline Drive) from east of Eighth Street to Fourth Street;
Highway US-3 lBR from Southern Avenue to Eighth Street;
Terrace-l'oint Drive (realigned) from the Third Street/Shoreline Drive intersection
to existing Terrace Point Drive;
Fifth Street from Shoreline Drive thence northerly approximately 250 feet;
Seventh Street from Shoreline Drive thence northerly approximately 350 feet.
PART D- EDA 61522; JOB #33893
The landscaping necessary for the construction or reconstruction of roadways as
described in PART C and consisting of planting trees, installation of irrigation system,
new watermain construction, topsoil, seeding, and mulching; and all together with
necessary related work.
2/4/87 amend.for 8/21/03
2
PART E-STP 31-2(343); EDAF 61522; JOB #33894; FED ITEM EB2007
The removal of the Highway US-31BR bridge structure over the Michigan Shore
Railroad, including construction of storm sewer and embankment, pavement restoration
by bituminous paving and construction of curb and gutter; and all together with necessary
related work.
RAILROAD WORK - FORCE ACCOUNT
PART F- STP 2007(060); EDAF 61522; JOB #34029; FED ITEM EB2006
Temporary track relocation and connection of new track to existing RAILROAD track at
Western Avenue and Terrace Street.
WHEREAS, the DEPARTMENT and the REQUESTING PARTY having appropriate
authority desire to amend CONTRACT 92-1465 to provide for the an increase in the maximum
amount of TED FUNDS to be applied to the eligible items of the PART C portion of the
PROJECT COST and the associated increase in the maximum amount of TED FUNDS available
for the overall Economic Development project consisting of Grants 92.1, 92.2, 92.3, and 92.4.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that:
1. Section 5 of CONTRACT 92-1465 is revised to read as follows:
5. The PROJECT COST shall be met in accordance with the following:
PART A, PART E, AND PART F
The Federal Surface Transportation Funds shall be applied to the eligible
items of the PART A, PART E, and PART F portions of the PROJECT
COST at a Federal participation ratio equal to 50 percent. The balance of
the PART A, PART E, and PART F portions of the PROJECT COST shall
be paid with TED FUNDS Category A up to an amount not to exceed
$292,725.00 for the total of PART A and PART F and $310,198.00 for
-PART E.
PARTB
TED FUNDS Category A shall be applied to the eligible items of the
PART B portion of the PROJECT COST at a participation ratio equal to
80 percent up to an amount to exceed $507,449.00. The balance of the
PART B portion of the PROJECT COST, after deduction of TED
FUNDS, shall be charged to and paid by the REQUESTING PARTY in
the manner and at the times hereinafter set forth.
2/4/87 amend.for 8/20/03
3
PART C AND PART D
TED FUNDS Category A shall be applied to the eligible items of the
PART C and PART D portions of the PROJECT COST at a participation
ratio equal to 65 percent up to an amount not to exceed $3,826,043.54 for
PART C and $148,486.00 for PART D. The balance of the PART C and
PART D portions of the PROJECT COST, after deduction of TED
FUNDS, shall be charged to and paid by the REQUESTING PARTY in
the manner and at the times hereinafter set forth.
In order to fulfill the obligations assumed by the REQUESTING PARTY
under the provisions of this contract, the REQUESTING PARTY shall make
prompt payments of its share, if any, of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT as herein provided. All payments will
be made within 30 days of receipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S
share of the actual costs incurred less Federal Funds and/or TED FUNDS earned
as the PROJECT progresses.
Any items of PROJECT COST not reimbursed by Federal Funds and/or
TED FUNDS will be the sole responsibility of the REQUESTING PARTY.
2. Section 8 of CONTRACT 92-1465 is revised to read as follows:
8. Upon completion and final accounting of the PROJECT, any balance
remaining in Grants 92.1, 92.2, 92.3, and 92.4 may be transferred to other phases of the
Economic Development project such that the combined total of TED FUNDS does not
exceed the lesser of $6,639,441.54, the amount approved in any of the grants or 75
percent of the eligible cost for the overall Economic Development project.
3. EXHIBIT I of CONTRACT 92-1465 is superseded by EXHIBIT I REVISED,
dated August 20, 2003, attached hereto and made a part hereof. Any references to EXHIBIT I in
CONTRACT 92-1465 shall be construed to mean EXHIBIT I REVISED.
4. Except as amended by the provisions herein, all of the provisions, covenants, and
obligations of the parties contained in CONTRACT 92-1465 shall remain in full force and effect.
5. The REQUESTING PARTY waives any and all claims it has or may have against
the DEPARTMENT which arise out of the need to amend CONTRACT 92-1465.
2/4/87 amend.for 8/28/03
4
6. This Amendatory 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;
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.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANS ORTATION
By_~~~~~~~~
Title: Gail A. Kundinger
City Clerk
2/4/87 amend.for 8/20/03
5
EXHIBIT I REVISED August 20, 2003
CONTROL SECTION EDA 61522; EDAF 61522
JOB NUMBER 30195; 33893; 33894; 33997; 34029
PROJECT STP 31-2(343); STP 2007(060)
ESTIMATED COST
PART A PARTB PARTC PARTD PARTE PARTF TOTAL
#34029 #33997 #30195 #33893 #33894 #34029
I. CONTRACTED WORK
(INCLUDING CONTINGENCIES)
RR TRACK WORK $461,450 $619,975 $ -0- $ -0- $ -0- $ -0- $1,081,425
ROADWORK $ -0- $ -0- $3,986,997 $228,440 $539,486 $ -0- $4,754,923
TOTAL ESTIMATED COST
(CONTRACTED WORK) $461,450 $619,975 $3,986,997 $228,440 $539,486 $ -0- $5,836,348
II. FORCE ACCOUNT WORK
BY RAILROAD I $ -0- $ -0- $ -0- $ -0- $ -0- $62,000 $ 62,000
CONSTR. ENG. & INSPECTION SEE NOTE BELOW FOR ADDITIONAL INFORMATION
BY REQUESTING PARTY $ 58,418 $ 69,189 $ 444,950 $ 25,494 $ 40,455 $ -0- $ 638,506
BY DEPARTMENT $ -0- $ -0- $ -0- $ -0- $ 40,455 $ -0- $ 40 455
TOTAL CONSTR. ENG. & INSPECTION $ 58,418 $ 69,189 $ 444,950 $ 25,494 $ 80,910 $ -0- $ 678,961
TOTAL ESTIMATED FORCE ACCOUNT $ 58,418 $ 69,189 $ 444,950 $ 25,494 $ 80,910 $62,000 $ 740,961
GRAND TOTAL ESTIMATED COST
INCLUDING CONTINGENIES $519,868 $689,164 $4,431,947 $253,934 $620,396 $62,000 $6,577,309
ESTIMATED COST PARTICIPATION
PAR'JA PART --l:l -·---
PARTC PARTD PARTE PARTF TOTAL
GRAND TOTAL ESTIMATED COST $519,868 $689,164 $4,431,947 $253,934 $620,396 $62,000 $6,577,309
LESS FEDERAL FUNDS $230,725 $ -0- $ -0- $ -0- $310,198 $31,000 $ 571,923
LESS TED FUNDS $261,725 $507,449 $2,880,766 $148,486 $310,198 $31,000 $4,139,624
BALANCE (REQUESTING PARTY'S SHARE) $ 27,418 $181,715 $1,551,181 $105,448 $ -0- $ -0- $1,865,762
I
Construction engineering (CE) is an eligible PROJECT COST for all parts of the TED project. The total cost of CE for PARTS A through D has
been estimated at 15% of the construction cost for PART C. This estimated amount has been prorated in the above EXHIBIT among PARTS A
through Don the basis of the estimated construction costs. CE costs for PART E have been estimated and programmed separately. CE costs for
PART F are included in PART A (Job Number - #34029). Funds for CE for PARTS A through D have all been programmed by the
DEPARTMENT under job number #30195 (PART C). CE is eligible for Federal Aid on PART E only.
TED FUNDS for all phases of the Economic Development project are limited to the lesser of $6,639,441.54 or 75 percent of the eligible cost of
the overall Economic Development project.
2/4/87 amend.for 8/20/03 6
NOTICE OF HEARING
CITY OF MUSKEGON
2004BUDGET
Notice is hereby given that a Public Hearing will be held by the City Commission of the
City of Muskegon on the proposed 2004 Budget of the City of Muskegon at 5:30 p.m.,
September 23, 2003, at the Muskegon City Hall Commission Chambers, located at 933
Terrace Street, Muskegon, Michigan.
THE PROPERTY TAX MILLAGE RATE PROPOSED TO BE LEVIED TO SUPPORT
THE PROPOSED BUDGET WILL BE A SUBJECT OF THIS HEARING.
A copy of the proposed budget is available for public inspection in the office of the City
Clerk, and the Hackley Public Library during regular business hours and through our web
site at www.shorelinecity.com. All interested citizens will have the opportunity to give
written and oral comments.
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF .
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR
SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the meeting;
upon twenty-four (24) hours notice to the City of Muskegon. Individuals with disabilities
requiring auxiliary aids or services should contact the City of Muskegon by writing or
calling the following:
GAIL A. KUNDINGER, MMC
City Clerk
933 Terrace Street
Muskegon,MI 49440
(231) 724-6705
TDD: (231) 724-4172
Publish: September 13, 2003
NOTE: Must be 11 pt. Bold Face type.
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2004 BUDGET
2003-78(a)
WHEREAS, the City Manager has submitted a proposed Budget for 2004 in accordance
with the City Charter and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2004 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning January 1, 2004 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 103,078
101-10102 City Promotions & Public Relations 25,102
101-10145 City Attorney 390,121
101-10172 City Manager 208,094
101-10875 Contributions to Outside Agencies 151,500
101-10891 Contingency and Bad Debt Expense 400,000
101-20173 Administration 167,992
101-20215 City Clerk & Elections 303,985
101-20220 Civil Service 169,863
101-20228 Affirmative Action 84,054
101-20744 Julia Hackley Internships 7,736
101-30202 Finance Administration 406,781
101-30205 Income Tax Administration 314,924
101-30209 Assessing Services 406,537
101-30248 Information Systems Administration 376,110
101-30253 City Treasurer 357,173
101-30851 Insurance Premiums 379,061
101-30906 Debt Retirement 216,816
101-30999 Transfers to Other Funds 970,000
101-40301 Police 7,957,780
101-50336 Fire 3,439,678
101-50387 Fire Safety Inspections 1,064,634
101-60265 City Hall Maintenance 265,345
101-60446 Community Event Support 15,429
101-60448 Street Lighting 515,000
101-60523 Sanitation 1,520,135
101-60528 Recycling 140,179
101-60550 Stormwater Management 15,429
101-60770 Senior Citizen Transit 61,108
101-70276 Cemeteries Maintenance 479,299
101-70585 Parking Operations 23,144
101-70751 Parks Maintenance 1,230,148
101-70752 Forestry 88,781
101-70757 McGraft Park Maintenance 46,288
101-70775 General & Inner City Recreation 393,703
101-70863 Farmers' Market and Flea Market 40,117
101-80387 Environmental Services 406,692
101-80400 Planning, Zoning and Economic Development 489,898
101-90000 Major Capital Improvements 0
Grand Total General Fund Appropriations $23,631,714
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 10,558,804
203 Local Streets 2,022,769
254 L.C. Walker Arena 903,247
264 Criminal Forfeitures 10,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 60,000
306 Special Assessment Debt 70,000
394 Downtown Development Authority Debt 460,000
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2004 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $13,239,937
Licenses and Permits 1,268,000
Federal Grants 100,087
State Grants 27,000
State Shared Revenue 5,000,000
Charges for Sales & Services 2,045,783
Interest & Rentals 210,053
Fines & Fees 435,750
Other Revenue 323,250
Other Financing Sources 595,000
Use of Fund Balance 386,854
Total General Fund Revenue
Appropriations $23,631,714
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 10,558,804
203 Local Streets 2,022,769
254 L.C. Walker Arena 903,247
264 Criminal Forfeitures 10,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 60,000
306 Special Assessment Debt 70,000
394 Downtown Development Authority Debt 460,000
BE IT FURTHER RESOLVED that the operating expense projections for the following non-
budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
404 Public Improvement Fund $530,000
403 Sidewalk Improvement Fund 816,498
482 State Grants Fund 660,076
590 Sewer 4,677,966
591 Water 17,209,705
594 Marina/Launch Ramp 242,847
661 Equipment 2,283,285
642 Public Service Building 578,582
643 Engineering Services Fund 668,374
677 General Insurance Fund 4,120,102
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
24, 2003:
PURPOSE MILLAGE (MILLS)
General Operating 7.5000
Sanitation Service 2.5000
Promotion .0774
Total 10.0774
At a regular meeting of the City Commission of the City of Muskegon, on the twenty-third Day of
September 2003, the foregoing resolution was moved for adoption by Commissioner
Spataro . Commissioner Larson supported the motion.
Resolution declared adopted.
~ aL-&,)
City Clerk %
Michigan Oapartment of Traasury This form is issued under authority ofMCL Sections 211.240,
L-4029 (Rav. 4•96) 211.34 and 211.34d. Filing is mandatory; Penalty applies.
ORIGINAL TO: County Clerk
COPY TO: Equalization Department
2003 TAX RATE REQUEST (This form must be completed and submitted on or before October 1, 2003) COPY TO: Each Township or City Clerk
MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERS
----
County 2003 Taxable value as of 5-27-03
MUSKEGON 646,975,848
Local Government Unit For LOCAL School Districts: 2003 Taxable value of NON-Homestead and
CITY OF MUSKEGON Non-Qualified Agricultural Porperties If a millage is Levied Against Them.
You must complete this form for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec 211.119.
The following tax rates have been authorized for levy on the 2003 tax roll.
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
2002 2003 2003 2003 2003 Millage Millage
Millage Millage Rate Current Year Millage Rate Sec 211.34 Maximum Requested Requested Expiration
Authorized by Permanently Millage Permanently Millage Allowable to be to be Date of
Purpose of Date of Election, Reduced by Reduction Reduced by Rollback Millage Levied Levied Millage
Source Millage Election Charter, etc. MCL 211.34d Fraction MCL 211.34d Fraction Levy* ~1 Dec. 1 Authorized
CHARTER OPERATING 10/61919 10.0000 10.0000 1.0000 10.0000 1.0000 10.0000 7.5000 PERPETUAL
PA 1925
NO359 PROMOTION STATUTE 4.0000 4.0000 1.0000 4.0000 1.0000 4.0000 0.0774 PERPETUAL
PA 298 OF
1917 SANITATION STATUTE 3.0000 3.0000 1.0000 3.0000 1.0000 3.0000 2.5000 PERPETUAL
Prepared by Title Date
TIMOTHY PAUL FINANCE DIRECTOR 9/17/2003
As the representatives for the local government unit named above, we certify that these requested tax levy rates have been reduced, if necessary to comply with the
state constitution (Article 9, Section 31 ), and that the requested levy rates have also been reduced, if necessary, to comply with MCL Sections 211.24e and 211.34.
for LOCAL school districts which levey a Supple ental (Hold Hannless) Milla e,380.1211 3)
O Clerk Signat~reJ I Type Name Date
D ~ Gail A. Kundinger 9/25
D Chairperson Type Name Date
0 President
1
""Under Truth in Tcixati, he governing body may decide to levy a rate which w111 not exce"ed thfi(ri8Xlriii.irTI authorized rate allowed in column 9.
The requirements of MCL 211.24e must be me(prior to levying an operating levy which is larger than the base tax rate but not larger than the rate in column 9.
IMPROTANT: See instructions on the reverse side regarding where to find the millage rate used in column (6)
/-] U~✓ ~-_,,./
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City of Muskegon,
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MUSKEGON
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Date: September 23, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Contractor Pre-Qualification:
Filtration Plant Improvements
SUMMARY OF REQUEST:
To review and approve the attached contractor prequalification score sheet. It is
being proposed that the aforementioned sheet be used by the City's consultant
(Tetra Tech) and City staff to pre-qualify interested contractors based on the items,
questions & answers outlined in said form which, if approved, would be available to
all those that are interested in the project. This process, we feel, will enable staff to
solicit and accept bids from contractors that are qualified for a project of this size.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approve the form as presented
COMMITTEE RECOMMENDATION:
SECTION 00110
CONTRACTOR PREQUALIFICATION SCORE SHEET
Project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Owner: _______________________________
Name of Bidding Organization: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Role on Project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(General, Mechanical, Excavation, Electrical, etc.)
Scoring Prepared by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date: _ _ _ __
Score: _____________ Qualified: Y/N
Instructions for filling out this form: See Below
N/Q = Not, ualified
1 Formal claims or leaal actions within last 3 vears None +10
Formal claims or leaal actions within last 3 vears 2 or less 0
Formal claims or leaal actions within last 3 years More than 2 N/Q
2 Has not oaid liauidated damaaes within last three vears +10
Has • aid liauidated damaaes on two or fewer oroiects within last three vears 0
Has oaid liauidated damaaes on more than two oroiects within last three vears N/Q
3 Three or more oroiects areater than $ In last 3 vears +10
At least one oroiect areater than $ In last 3 vears 0
No oroiects areater than $ In last 3 vears N/Q
4 Three oroiects of this tvoe in last three vears +10
At least one oroiect of this t"ne in last three vears 0
•
No oroiects of this tvne in last three vears N/Q
5 Has adeauate bondina caoacitv Greater than +10
Has marainal bondina caoacitv 0
Has inadenuate bondina caoacitv Less than N/Q
6 Workers Como Insurance Exoerience Modifier <0.70 +10
>0.70 0
>1.0 -10
7 Suoerintendent identified, references oositive +10
Suoerintendent identified, references not identified 0
Suoerintendent identified, references auestionable -10
Page 2 of 3
Reference Check Items 8 throuoh 12 /Based on Reference Responses)
8 Effectivelv schedules and manaaes the work and subs +10
Marainallv effective at manaaina work and subs 0
lneffectivelv manaoes work and subs -10
9 Has a Dun & Bradstreet Pavdex ratina areater than 80 +10
Has a Dun & Bradstreet Pavdex ratina between 60 and 80 0
Has a Dun & Bradstreet Pavdex ratinn less than 59 -10
10 f-'-'""-"'-"'"-"-"'-"'=:--=""-'-"--"-"---"=-"'-'==-i=c='---"'---=C"c'.__t'-"-'-.-"--"':=J===------1---'+~1~0-+----J
0
Has filed excessive claims on ast ro·ects more than two er ro·ect on avera e NO
11 Has comoleted all oast oroiects +10
Has not completed one proiect I n the last three vears. 0
Has not comoleted two or more oroiects in the last three vears NO
12 Excellent Financial Ralina +10
Averaae Financial Ratina 0
Poor Financial Ratina NO
13 Consistentlv aood Owner recommendations +10
Both aood and poor and averaae Owner recommendations. .
0
Consistentlv ooor Owner recommendations NO
TOTAL
Prequalified = 70% of points, plus zero "Not Oualifieds"
Page 3 of 3
Instructions for Filling Out this Form
Note: The Contractor prequalification Score Sheet is to be completed by the
Prequalification Team consisting of the Owner assisted by TTMPS
1. Fill in pertinent identification information for each Contractor applying for Prequalification.
2. Fill in 75% of Engineers Opinion of Probable Cost in item 3 for comparison purposes.
3. Refer to Contractor's Qualification Statement for data for items 1 thru 7.
4. Project type refers to facility/construction type i.e. water plant, wastewater plant, type of construction
and equipment, etc.
5. Check with references and project Owner for items 7 through 13 in addition to review of information
provided. Document reference checks using the "Contractor Prequalification Reference Check" data
sheet.
6. Check with project Owner on Contractor performance, whether or not Owner is listed as a reference.
7. Assign points in increments of 10 points with no partial credit.
8. Where data on a particular item is inconclusive (Example: Item 12 Financial Data cannot be
categorized), delete the item and reduce the total number of possible points by 10. Prequalification is
determined by the Contractor attaining 70% of the possible points with zero "Not Qualifieds".
9. Record score on form.
Commission Meeting Date: September 12, 2003
Date: September 12, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Rezoning request for property located at 1344 and 1374 W.
Sherman Blvd., and also the south 100 feet of 1333
Montague Ave.
SUMMARY OF REQUEST:
Request to rezone property owned by Francis Mroz, located at 1344 W. Sherman Blvd.
and the south 100 feet of 1333 Montague Ave. and also to rezone property owned by
John Achterhoff Estate, located at 1374 W. Sherman Blvd. all from R-1, Single-Family
Residential to B-1, Limited Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 9/11 meeting.
The vote was unanimous with T. Harryman absent.
9/12/2003
N
City of Muskegon
Planning Commission W~E
Case# 2003-34 s !
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 11, 2003
Hearing; Case 2003-34: Reqnest to rezone the properties located at 1344 W. Sherman
Blvd., 1374 W. Sherman Blvd., and the sonth 100 feet of 1333 Montague Ave. from R-1,
Single-Family Residential to B-1, Limited Business, by Jim Freed.
BACKGROUND
Applicant: Jim Freed
Address/Location of Subject Property: 1344 and 1374 W. Sherman Blvd., and the south 100 feet
of 1333 Montague Ave.
Current Zoning: R-1, Single-Family Residential
Proposed Zoning: B-1, Limited Business
STAFF OBSERVATIONS
I. Staff has spoken to the City Attorney about the discussion from the August Planning
Commission meeting and asked for an opinion as to whether a Planned Unit Development
(PUD) in a R-1, Single-Family Residential zoning district could contain commercial uses.
The City Attorney's opinion is attached and states that a PUD in the R-1 district cannot
contain commercial uses. Therefore the applicant is asking to rezone just the Sherman Blvd.
frontage of the subject property to B-1, Limited Business.
2. The B-1 district would accommodate the proposed use of this portion of the property as a
small, 3-unit commercial strip mall. None of the three suites proposed are larger than 2,500
square feet and the 2 uses proposed so far (beauty parlor and tanning salon) are both
permitted uses in the B-1 district.
3. The Future Land Use Map shows one of the subject parcels (directly west of and adjacent to
the Landmark Bar, Sherman Blvd. frontage only, to be "Commercial". The rest of the subject
parcels are shown as "Single & Two-Family Residential".
4. The Master Land Use Plan states:
• ... it is aclmowledged that a limited range of commercial and office activities are
appropriate to select segments of Lakeshore Drive and Sherman Boulevard. Typically,
non-residential uses should be oriented to the needs of the local populace. Such
development should be highly controlled pursuant to type, location, and design in order to
prevent negative impacts on the sub-area's residential focus.
• Commercial development is sporadically located along Sherman Boulevard. Typically,
commercial uses are found as small nodes near intersections or as small strip segments
within various blocks.
City of Muskegon Planning Commission - 9/11/03
5. Sub-Area Stability:
• Some of the commercial uses along Sherman have not provided or maintained sufficient
buffer protection to fully mitigate unwanted compatibility impacts (e.g., noise, lights,
aesthetics, etc.) between said uses and nearby homes. This is not conducive to residential
stability.
6. Sub-Area Issues:
• The presence of commercial development and commercial zoning along Sherman
Boulevard (both sides), combined with high rates of traffic (local and transient) will result
in additional requests for strip commercial rezonings.
• Commercial signage along Lakeshore Drive and Sherman Boulevard is not consistent
pursuant to size, type, and design.
• Many of the commercial establishments along Lakeshore Drive and Sherman Boulevard
lack streetscapes consistent with the residential character of the sub area.
7. The Master Plan recommends for this sub-area:
• Sherman Boulevard, work with adjoining Norton Shores to coordinate the preparation
and implementation of consistent (compatible) sign, access, and related streetscape
standards. Such standards should recognize the subarea' s residential character.
• Implement zoning (site plan) standards requiring adequate buffer protection between the
commercial uses along Lakeshore Drive and Sherman Boulevard and adjacent residential
development.
• Limit expansion of commercial development (rezonings) along Sherman Boulevard.
• Existing commercial districts along Sherman Boulevard, west of Pine Grove Street,
should be restricted to the B-1 Zone District Classification. B-1 uses are designed
primarily to serve persons residing in adjacent residential areas or neighborhoods.
8. Staff has not received any phone calls or letters regarding this case.
PHOTOS
-
,· ,__
City of Muskegon Planning Commission - 9/11/03 2
ORDINANCE EXCERPTS
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to
recognize that the City of Muskegon has been developed and platted with some lots that are smaller than those
found in recently urbanized communities, and the standards in Section 2100 reflect residential development
standards that the citizens of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one or more of the following specified uses, unless otherwise provided in
this Ordinance;
l. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but
are not limited to the following: [amended 11/02)
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred
(1,500) feet from any other similar facility. [amended 11/02)
3. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses
Permitted.
4. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED [amended 2/02)
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after
Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit
swimming pool clubs, all subject to the following conditions: [amended 2/02)
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
general, technical, or religious education not operated for profit, all subject to the following conditions:
3. Churches and other facilities normally incidental thereto subject to the following conditions:
City of Muskegon Planning Commission-9/11/03 3
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such
uses are set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99]:
7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECTION 402: [RESERVED] [amended 8/01]
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/97)
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent
residential areas or neighborhoods, and to permit only such uses as are necessary to satisfy those limited basic, daily
shopping and/or service needs, which by their very nature are not similar to the shopping patterns of the B-2
convenience and Comparison, B-3 Central Business District, and B-4 General Business Districts. B-1 Districts are
also intended to be utilized at planned locations in the City as zones of transition between major thoroughfares and
residential areas, and between intensive nonresidential areas and residential areas. In the B-1 District all business
establishments shall be retail and/or service establishments dealing directly with consumers. All goods produced on
the premises shall be sold at retail on the premises where produced. All business, servicing or processing, except
off-street parking or loading, shall be conducted within a completely enclosed building, or in an area specifically
approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one(!) or more of the following specified uses, unless otherwise provided for in this
Ordinance:
I. Any generally recognized retail business which supplies new commodities on the premises for persons
residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other foods,
drugs, drygoods, and notions or hardware. No individual uses, either freestanding or in a group of uses,
shall exceed two thousand five hundred (2,500) square feet in area.
2. Any personal service establishment which performs services on the premises for persons residing in
adjacent residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber
shops, dressmaker, tailor, pharmacist, or an establishment doing radio, television, or home appliance repair,
and similar establishments that require a retail character no more objectionable than the aforementioned,
City of Muskegon Planning Commission-9/11/03 4
subject to the provision that no more than five (5) persons shall be employed at any time in the sale, repair,
or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers,
accountants, and similar or allied professions. No individual use shall exceed two thousand five hundred
(2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional.
No individual use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as part of a building in this zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, provided that the minimum lot area requirements of the
RM- I District are met.
6. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses
Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1001: SPECIAL LAND USES PERMITTED
The following area, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use ( and a site plan, if required) by the Planning Commission, after
Public Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the Planning
Commission. A site plan shall not be required when there are no external changes made to the buildings or
properties.
1. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
2. Churches and other facilities normally incidental thereto subject to the following conditions:
3. Accesso1y buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
4. Uses similar to the above Special Land Uses Permitted.
SECTION 1002: PLANNED UNIT DEVELOPMENTS
SECTION 1003: AREA AND BULK REQUIREMENTS [amended 4/00]
RECOMMENDATION
Staff recommends approval of this request. Although the Future Land Use Map calls for most of
this property to be residential, the Master Plan does allow for B-1 zoning on Sherman in this
area. Staff recognizes that this property will most likely never be developed for residential
purposes and feels that a B-1 zoning designation will protect the property from being used for
highly intensive commercial uses. Staff is also glad to see that the Montague Ave. frontage has
been left out of this rezoning request.
City of Muskegon Planning Commission-9/11/03 5
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of
the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use
Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
City of Muskegon Planning Commission-9/11/03 6
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO.- - - -
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from R-1 "Single-Family Residential" to B-1 "Limited Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from R-1 "Single-Family Residential" to B-1 "Limited Business":
CITY OF MUSKEGON GLENSIDE SUB-DIVISION #2 LOTS 20-28 INCL BLK 29
This ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nayes:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date:_ _ _ _ _ _ _ _ _ __
Effective Date:
-----------
First Reading: _ _ _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: _ _ _ _ _ _ _ _ _ _ _ __
Gail A Kundinger, MMC, City Clerk
9/12/03 2
CERTIFICATE (Rez.oning of1344 and 1374 W. Sherman Blvd. and the south 100 feet of 1333 Montague Ave.)
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 23rd day of
September, 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 finther certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: _ _ _ _ _ ___, 2003.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
9/12/03 3
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 23, 2003, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning of the following property
from R-1 "Single-Family Residential" to B-1 "Limited Business":
CITY OF MUSKEGON GLENSIDE SUB-DIVISION #2 LOTS 20-28 INCL BLK 29
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 _ _ _ _ _ _ ___, 2003 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. I 01-80400-5354
9/12/03 4
Glenside Neighborhood Association
2312 Westwood Muskegon, MI 49441
September 23, 2003
To: The Honorable members of the Muskegon City Commission
My name is John Derbin, I am president of the Glenside Neighborhood
Association and reside at the address listed above. My Board has
directed me to communicate with you on behalf of the Association in
opposition to tonight's actions relative to the rezoning and the
Planned Unit Development on Sherman and Montague.
This property rests in the Glenside Community and is an integral part
of the residential character of our neighborhood. The neighbors
directly impacted, residing on Montague, have addressed the Planning
Commission and have expressed strong opposition. We support those
neighbors, We believe that the residential designation of that property
is correct. The Planning Department indicated that they were not aware
of any current or past efforts to market this property as residential.
Neighborhood members indicated that in the past the adjacent business
had attempted to buy the questioned property as residential lots to
achieve a permanent buffering area. The approval of a zoning change
permanently changes the character of this property, based solely on the
assumption that there is not other feasible use of this property beyond
a strip mall development. By approving this change you surrender the
residential definition and constraints that you put on this property
and take away the residential character of the homes adjacent to this
development.
We recognize the value of using the P,U.D. as a means of defining and
controlling the land development. I attended the first Commission
meeting where the specific plans were first revealed, there were
significant issues with those plans and the approval request was
tabled. There have been no plan changes presented to the Planning
Department since that time. While I understand that it is the normal
process, the owner is not required to incur added development expense
before the conceptual approval of a P.U.D.; I also understand that
approval at this point is a de facto approval of the development, with
the details to be developed between the owner and the Commission, That
level of approval dismisses fundamental neighborhood concerns, and
moves the process forward. No approval should even be considered before
the core issues of permanent and greenbelt separation, placement of the
actual business structure, placement and quantity of parking, and
placement of traffic ingress and egress are addressed and defined.
This is admittedly a selfish request; we want to maintain the quality
of our neighborhood. We are struggling to maintain Glenside as one of
the City's finest residential areas. This development is a major
intrusion, and we do not believe that the added business tax base will
outweigh the damage imposed on the neighborhood.
Thank you for listening to your constituents. I think we all want to
see progress and growth in Muskegon, but please don't attack the
neighborhoods. Vote no on these issues.
Commission Meeting Date: September 23, 2003
Date: September 12, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentUV
RE: Request for preliminary Planned Unit Development approval
for 1344 and 1374 W. Sherman Blvd. and the south 100
feet of 1333 Montague Ave.
SUMMARY OF REQUEST:
Request for preliminary Planned Unit Development approval for the properties at 1344
and 1374 W. Sherman Blvd. and the south 100 feet of 1333 Montague Ave., for a
commercial development. The request is from Jim Freed.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends preliminary approval of the PUD provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended preliminary approval of the PUD, with the
conditions listed on the attached resolution, at their 9/11 meeting. The vote was
unanimous with S. Warmington and T. Harryman absent.
9/12/2003
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 14, 2003
Hearing; Case 2003-33: Request for preliminary Planned Unit Development approval for a
mixed-use commercial and single-family residential development at 1344 W. Sherman
Blvd., 1374 W. Sherman Blvd., 1333 Montague Ave., and 1343 Montague Ave., by Jim
Freed.
BACKGROUND
Applicant: Jim Freed
Request: Preliminary PUD approval for a mixed-use, commercial and residential development.
Present Land Use: Vacant property
Zoning: R-1, Single-Family Residential
STAFF OBSERVATIONS
1. The subject property is located on W. Sherman Blvd., west of the Landmark Bar. A portion
of the property also fronts on Montague Ave.
2. This property has been the subject of a rezoning request in October of 1999. The request was
to rezone it to B-2, Convenience & Comparison Business. That request was denied by the
City Commission. Staff understands that there was a previous request to rezone the property
for a business use as well which also was denied.
3. The applicant has purchase agreements for the subject property, which also includes an
additional parcel than previous requests, bringing the subject property up to the adjoining
prope1ty line of the existing residence at the NE corner of Sherman Blvd. and Glenside Blvd.
4. The applicant is looking to develop the Sherman Blvd. frontage into a small commercial strip
development with three suites and associated parking. The Montague Ave. frontage would
be developed into residential lots, most likely for two single-family homes to be built there.
The applicant has stated that two of the three commercial suites are spoken for - a tauning
parlour and a hair salon.
5. The applicant has submitted a preliminary site plan for the property. At this time, only
detailed plans for the commercial portion of the site are provided but a notation on the plan
indicates that the Montague Ave. development will be residential in nature.
6. Staff has reviewed the preliminary site plan and has the following comments:
a. The site is currently heavily wooded. As many of the existing trees as practical need to
be preserved, especially at the rear of the site to help act as a buffer between the proposed
commercial use and existing residential uses on Montague Ave. Existing trees preserved
may be counted in lieu of providing additional landscaping for the site.
City of Muskegon Planning Commission- 8/14/03
b. The parking area cannot be paved up to the property line. All proposed setbacks need to
be shown on the site plan.
c. Plans will need to be submitted and approved for the proposed residential homes fronting
Montague Ave. A maximum of two homes can be built on the Montague Ave. frontage.
d. Barber or beauty shops require two parking spaces for each of the first two beauty chairs,
and one-half space for each additional chair. Tanning parlours require one parking space
for each 400 square feet of usable floor area. There are 60 parking spaces proposed for
this development, which should meet ordinance requirements. Once more detailed
information is received about the proposed uses, staff can further determine if the
proposed parking area exceeds the maximum parking spaces allowed for the site.
e. The City Engineer has reviewed the preliminary site plan (comments received 8/7) and
states that a permit to construct the drive must be approved by Engineering and that all
surface water must be managed on site.
f. The Fire Marshal has reviewed the preliminary site plan (comments received 7/31) and
states:
i) Please submit documentation on proposed use group of commercial building.
ii) Please list and display cunent hydrant location.
iii) Fire flow test required - please contact the DPW for cunent or past history on fire
flow (water supply).
iv) This proposed project shall be in accordance with Planned Building Groups NFPA
1141.
g. The Department of Public Works has reviewed the preliminary site plan (comments
received 7/30) and states that water and sewer utility easements need to be shown on
future drawings. Will need to know proposed size and location of water and sewer
service.
h. The Police Depmtment has no outstanding concerns with the preliminary site plan
(comments received 8/5).
7. Staff has not received any phone calls or letters regarding this case.
City of Muskegon Planning Commission - 8114103 2
PHOTOS
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 8/14/03 3
CITY OF MUSKEGON
RESOLUTION #2003-
RESOLUTION FOR PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR
1344 AND 1374 W. SHERMAN BLVD. AND THE SOUTH 100 FEET OF 1333 MONTAGUE
AVE.
WHEREAS, a petition for a planned unit development was received from Jim Freed and,
WHEREAS, a planned unit development will allow a commercial development; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Conunission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the preliminary
Planned Unit Development and associated conceptual site plan with conditions as follows:
1. The applicant must apply for a final PUD approval including review of a complete site plan.
The site plan will need to meet ordinance requirements and will need to specifically include:
a. Retaining as many trees as practical on the site, especially along the north property line
adjacent to residential uses on Montague Ave.
b. The number of parking spaces needs to meet ordinance requirements but should not be
more than one third over the number of spaces required.
c. All setbacks will be labeled. The property cannot be paved up to the property line.
d. All current hydrant location(s) must be listed.
e. Water and sewer utility easements need to be shown as well as the proposed size and
location of water and sewer service.
2. A permit to construct the drive must be approved by the Engineering Department and all
surface water must be managed on site.
3. The applicant will need to submit documentation on the proposed use group of the
commercial building to the Fire Marshal.
4. A fire flow test required, the applicant needs to contact the DPW for current or past history on
fire flow (water supply).
5. This proposed project shall be in accordance with Planned Building Groups NFPA 1141.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Conunission be accepted and the preliminary planned unit development is hereby
approved with conditions.
Adopted this 23rd day of September, 2003
Ayes:
Nays:
Absent:
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
Attest:
--------------
Gai1A. Kundinger, MMC, City Clerk
CERTIFICATE (Preliminary PUD for 1344 and 1374 W. She1man Blvd. and the south 100 ft. of
1333 Montague Ave.)
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 a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 23rd day of September, 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. 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: _ _ _ _ _ ____, 2003.
Gail Kundinger, MMC
Clerk, City of Muskegon
Commission Meeting Date: September 23, 2003
Date: September 12, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development tfJv
RE: Vacation of the north/south alley only, in Block 1, Terrace
Street Addition
SUMMARY OF REQUEST:
Request for vacation of the north/south alley only, in Block 1 of the Terrace Street
Addition (block bounded by Howden St., Holbrook Ave., Terrace St. and the City Limit).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the alley, with the condition that all City easement rights
be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the alley with the condition that
all City easement rights be retained. The vote was unanimous with S. Warmington, J.
Aslakson and T. Harryman absent.
9/12/2003
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Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 11, 2003
Hearing; Case 2003-35: Request to vacate the north/south alley in Block 1 of the City of
Muskegon Terrace Street Addition (block bounded by Howden, Holbrook, Terrace and the
City limit), by Stephen Gawron.
BACKGROUND
The applicant owns the property at 1952 Howden St. and his parents live at 1978 Howden St.
The alleys in this block form an L-shape with the entrance/exit onto Howden St. about midway
down the block. The east/west portion is used by the adjoining prope1iy owners on either side to
access their garages. However, the applicant states that a property owner living on Terrace St.
uses the alley to access Howden St., and several other people cut through the alley as well. Also,
another property owner on Terrace St. apparently uses the alley to store unlicensed vehicles on
his property. The applicant would like to vacate the n01ih/south portion of the alley and install a
gate at the end of the east/west alley where it now turns south, in order to keep the alley from
being used as a throughway.
The City has an 8-inch sewer line which runs down the alley. The City Engineer is
recommending against vacating the alley due to the presence of the active sanitary sewer. The
Fire Marshal has no objections to the vacation.
City of Muskegon Planning Commission -9/11/03
RESOLUTION #2003-_ __
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the north/south alley in Block 1 of the Terrace
Street Addition, City of Muskegon; and,
WHEREAS, the Planning Conunission held a public hearing on September 11, 2003, to consider
the petition and, subsequently, reconunended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the September 23, 2003, City
Commission meeting to consider the reconunendation of the Planning Conunission;
NOW, THEREFORE, BE IT RESOLVED that the City Conunission deems it advisable for the
public interest to vacate and discontinue the alley, legally described as:
The entire north/south alley located in Block 1
of the Terrace Street Addition of the City of Muskegon, County of
Muskegon, State of Michigan.
BE IT FURTHER RESOLVED that the City Conunission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Conunission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any sttucture. No
sttucture shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 23rd day of September, 2003.
Ayes:
Nays:
Absent:
By·
. _--------------
Stephen J. Warmington, Mayor
Attest: _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, City Clerk
CERTIFICATION (North/South Alley Vacation in Block I, Terrace St. Addition)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on September 23, 2003.
Gail Kundinger, MMC
Clerk, City of Muskegon
Commission Meeting Date: September 23, 2003
Date: September 12, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C{3'.,".,
RE: Request for preliminary Planned Unit Development approval
for 980, 1016, 1018 and 1054 W. Sherman Blvd.
SUMMARY OF REQUEST:
Request for preliminary Planned Unit Development approval for the properties at 980,
1016, 1018, and 1054 W. Sherman Blvd. for a mixed-use commercial and residential
(condominium) development. The request is from Randers Engineers and
Constructors, Inc.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends preliminary approval of the PUD provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended preliminary approval of the PUD, with the
conditions listed on the attached resolution, at their 9/11 meeting. The vote was
unanimous with S. Warmington, B. Mazade, J. Aslakson and T. Harryman absent.
9/12/2003
N
City of Muskegon
Planning Commission W~E
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 11, 2003
Hearing; Case 2003-37: Request for preliminary Planned Unit Development approval for a
mixed-use commercial and condominium development at 980, 1016, 1018 and 1054 W.
Sherman Blvd., by Randers Engineers and Constructors, Inc.
BACKGROUND
Applicant: Randers Engineers and Constructors, Inc.
Property Owner: James Lindbeck
Request: Preliminary PUD approval for a mixed-use, commercial and residential (condominium)
development.
Present Land Use: Vacant property
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The subject property is located on W. Sherman Blvd., just east of the mini-golf course at the
corner of Sherman Blvd. and Barclay St. The subject property is currently vacant.
2. The applicant is looking to develop a mixed-use development on this site, with a commercial
pottion on the Sherman Blvd. frontage and with residential condominiums to the rear of the
property.
3. The applicant has submitted a preliminary site plan for the property. The site plan is
conceptual only and does not include much detail. The applicant will need to return for a
final PUD approval, including approval of the final site plan.
4. Staff has reviewed the preliminary site plan and has the following comments:
a. The plan is very conceptual in nature and contains a preliminary site layout. No specifics
are given so staff was not able to review the plan in very much detail.
b. The plan shows 3 commercial buildings on the Sherman Blvd. frontage and 2
condominium buildings behind. No information is given as to the type of commercial
uses proposed or the total number of condominium units.
c. The site is zoned B-4 which does allow most commercial uses. The condominiums
would be permitted through the PUD process in this zoning district.
d. Staff feels that the proposed concept is a good one, with the commercial uses
concentrated on Sherman Blvd. and the residential behind, buffered from the heavy traffic
on Sherman. The condominiums will need to be adequately buffered and screened from
the commercial uses, most likely through heavy landscaping to block the noise and view.
City of Muskegon Planning Commission - 9/11/03
e. Without more specific information, staff was unable to look at the plan in terms of
parking requirements or setbacks. Some general comments for the developer to keep in
mind are that the residential units will require 2 parking spaces per unit. The commercial
parking requirements will vary, depending on the proposed uses. Some form of parking
lot landscaping will be necessary in the commercial parking areas, either through
landscape islands or bump-outs. A I 0-foot minimum landscaped buffer will need to be in
place along the Sherman Blvd. frontage.
f. The site does contain some existing trees. Mature trees need to be preserved as much as
practical, and can be counted in lieu of providing new landscape materials. A
landscaping plan will need to be provided which will show the locations of all existing
mature trees and notations as to whether they will be preserved or removed. The
landscape plan will also need to show additional landscaping (including buffering
between the commercial and residential uses) meeting ordinance requirements.
g. The final site plan will need to show all dimensions and setbacks and proposed elevations
should be provided for the proposed commercial buildings as well as the proposed
condominiums.
h. Sidewalk along Sherman Blvd. needs to be provided, as well as sidewalk interior to the
development. A pedestrian link between the commercial and residential portions of the
development needs to be provided.
i. The City Engineer has reviewed the preliminary site plan (comments received 8/29) and
states that surface water management and utilities availability, locations, layout and sizes
will need to be reviewed and approved by the Engineering and Public Works
Departments.
J. The Fire Marshal has reviewed the preliminary site plan (comments received 8/26) and
states:
i) Need fire hydrant locations.
ii) Need Fire Depmtment access around structures or fire suppression.
iii) Need not less and 8" water main installed.
iv) Need building heights for all structures.
k. The Department of Public Works has reviewed the preliminary site plan (comments
received 8/26) and has no outstanding concerns with it.
I. The Police Department has no outstanding concerns with the preliminary site plan
(comments received 8/5).
5. No signage is shown on the preliminary site plan. All signage will need to meet ordinance
requirements and will require sign permits.
6. Staff has not received any phone calls or letters regarding this case.
City of Muskegon Planning Commission - 9/1 1103 2
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 9/11/03 3
CITY OF MUSKEGON
RESOLUTION #2003-79(e)
RESOLUTION FOR PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR
980, 1016, 1018, AND 1054 W. SHERMAN BLVD.
WHEREAS, a petition for a planned unit development was received from Randers Engineers and
Constructors, Inc. and,
WHEREAS, a planned unit development will allow a mixed-use commercial and residential
(condominium) development; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Conunission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the preliminary
Planned Unit Development and associated conceptual site plan with conditions as follows:
1. The applicant must apply for a final PUD approval including review of a complete site plan.
The site plan will need to meet ordinance requirements and will need to specifically include:
a. The proposed uses of the commercial areas need to be given (as much as is known) and
the number of proposed condominium units also needs to be given.
b. The condominium units will need to be well buffered and screened from the proposed
commercial uses, with heavy landscaping.
c. All dimensions and setbacks will need to be shown. An average of IO-feet along Sherman
Blvd. needs to be greenspace and landscaped. The commercial parking areas need to
contain either landscape islands or bump-outs.
d. Sidewalk needs to be provided along Sherman Blvd., and interior to the development and
needs to contain a link between the residential and commercial portions.
e. Proposed elevations should be provided for all buildings.
f. All fire hydrant locations.
g. Fire Deprutment access around all structures or fire suppression.
h. Building heights for all proposed structures.
2. Surface water management and utilities availability, locations, layout and sizes will need to be
reviewed and approved by the Engineering and Public Works Departments.
3. There will need to be not less than an 8" water main installed.
4. The development will provide access for removal of sediment and remediation of Ruddiman
Creek and it will not be an excessive expense.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the preliminary planned unit development is hereby
approved with conditions.
Adopted this 23rd day of September, 2003
Ayes: Wrumington, Schweifler, Carter, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent: None
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 a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 23rd day of September, 2003, at which meeting a quornm 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 ce11ify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.
DATED: I 1) , 2- IS 2003. ~ ~J!.......J,,;,,
Gail Kundinger, MMC
Clerk, City of Muskegon
DATE: September 15, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-33-
775 Washington.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 775 Washington - Garage only, Area 12, 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: 03-33 - 775 Washington - Garage only.
Location and ownership: This structure is located on Washington between
Henry & Beidler in area 12, Nims Neighborhood. 11 is owned by Annette
Homoley.
Staff Correspondence: This garage was written as dangerous and
substandard on 5/19/03. A notice and order to repair or remove was issued
6/6/03. On 8/7/03 the HBA declared the structure.
Owner Contact: The owner was present at the HBA meeting in August and
stated she knows the garage needs to be removed and plans to do that herself.
As of 9/12/03 she has not applied for a demo permit or started the demolition.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $22,300
Estimated Cost of Repairs: $4,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003.
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. For The Inspection Department File #: 428953
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Annette Homoley
PROPERTY: 775 Washington
PARCEL NO: 24-205-412-0003-00
DESCRIPTION: Lot 3 Blk 412
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3317
PAGE: 35
DATE OF DEED: November 26, 2001
GRANTOR NAME & ADDRESS: Bank One, National Association
GRANTEE NAME & ADDRESS: Annette Homoley, 6082 Evanston,
Muskegon,MI49442
LIENS OR MORTGAGES: 3537/146
TODAY'S DATE: May 23, 2003
EFFECTIVE DATE: April 23, 2003 at 8:00 AM
Abstracted by: ~ a~
TRANSNATI0TJTLE INSURANCE COMP ANY
The above infonnation is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said infonnation is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
.• LIB'. 3 I l PAGE O35
STATE OF MICHIGI\N
c_ .;) l.l/ s COUNTY OF MliSr;fGON
PECEIVED FOR RECORD
S I <.f b. J '5 2001 DEC -6 AH 9: 25
- I 07 /J ()
:tUl-~
REGISTER OF OEEDS '~
COVENANT DEED
KNOW ALL MEN BY THESE PRESENTS: That Bank One, Nntional association, as Trustee (fonnerly known as The Firs! National
Bank of Chicago. as Trustee). a N11tional Association organized and existing under the laws of the United States of America by ils
Auomey-in-Fact Residential Funding Corporation, a corporation organized and existing under the laws of the slale of Delaware and
whose address is 9275 Sky Park Ct .. San Diego, CA 92123, covenants that it is seized of said land and has a right to convey ii,
conveys 10:
Annette Homoley
the following described premises situated in the City of Muskegon, Muskegon County and State of Michigan, to-wit:
Lot 3, Block 412, Revised Plat of the City of Muskegon, according to the recorded plal thereof, as recorded in Liber 3 of Plals, Page
71. Muskegon Counly Records.
More commonly known as: 77S Washington
for 1he foll considcnuion of Nineteen Thousand Two Hundred Dollars and 00/100($19,200.00) subject to covenants, restrictions, and
easements of record and subjec1 to such liens and encumbrances as may have attached or accrued through Che acls or omissions of
persons other than the Grantor(s) and subject to the lien of taxes not yet due and payable.
The undersigned person executing this deed on behalf of Grantor represents and certifies that he or she is duly authorized 10 act for the
Grantor and have been fully empowered, by proper resolution of lhe Board of Directors of Granlor, to execute and deliver this deed;
1hat Grantor has full corporate capacity to convey the real estate described herein; and that all necessary corporn1e action for the
making of such conveyance has been taken and done.
Dated this 26 th da)' of November, 2001
Witnesses: Bank One National Association. as Trustee (formerly known as The
First National Bani.; of Chicago, as Trustee) by its Attomey-in-Facl
Residential Fundi:::Dtion ,:i . .. ,
By:6nM ~~~~
8IWIM8. DAJISOH·TYAU · · . ~ .
As its: U'St)-\- I/ f', .,
STATE OF CALIFORNIA } )
COUNTY OF SAN DIEGO I
SHARMEL DAWSON-TYAU
The for~ingtSJ5Ument was acknowledged before me Ibis 26 1h da)' of November. 2001 by · lhe
d(5$ J - of Residential Funding Corporation as the Attorney in Fact for Bank One National Association, as Trustee
(Connerly known as The First National Bank of Chicago, as T te ) (
My commission expires:
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Drafted by:
Potcstivo & Associates, P.C.
Send subsequent lax bills to:
Annelle Homoley
When recorded re!um to:
Annette Homolcy
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By: Arian A. Potestivo 6082 Evanston 6082 Evans1on
36150 Dequindre, Ste. 620 Muskegon, Ml 49442 Muskegon, Ml 49442
Sterling Heights, Ml 48310
Tax Parcel: 24-205-412-0003-00 Recording Fee_ _ _ __ Transfer Tax: _ _ _ _ __
.. ,. '"'""'· """"' '\ jb- s. - 20,St,L
~1-Wy ~ V\at !Mro we flO ~ lr,11 ~ Wlllf hlld ~ Ill
- •• oi any lndlvldulJ IOlil&t tit wtllwl dttcf1ptlon, 1/11111 mt
:1 r.n IMlll Wt paid tiY tit )'il{J prt"t'k)UI to 114 - If
,..ia lnstrumtnt. aa APPllfl by !Jlt rKOfd& In my olloa.•
Nol l\i' 01 .L)-._,14-,1!:e t ¥ffl/l>, .._
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NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
775 Washington - Garage
(Address of Property)
TO: All owners and interested parties:
Annette Homoley, 6082 Evanston, Muskegon, Ml 49442
Owner
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Other interested parties)
On August 7, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
By
. {cbl£,,,...,,v:f / ,. ·. .,.- "k~..•
FO,!YfffE HOUSING BOARD OF APPEALS
\- , I
Robert 8. Grabinski, Director of Inspections
0\INSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Annette Homoley, 6082 Evanston, Muskegon, Ml 49442
Owners Name & Address
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
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, August 7, 2003 does hereby order that the following
structure(s) located at 775 Washington (Garage), 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\WORD\HBA MEETINGS\STANDARD 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.
7M":3 IfIJ:.EALS
RobEirt B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHOOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 775 Washington - Garage
TO: Annette Homoley, 775 Washington, Muskegon, Ml 49441
(Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, August 7, 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 issued 6/6/03.
At the hearing on Thursday, August 7, 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.
CITYOF MUSKEGON INSPECTION DEPARTMENT,
ON BE~f>l~fi::Ff-H~~O~IN~;.s_ OA. \~~,OF APPEALS
By J<.
~0 Lt.,,.....__ 'IJ. ,,{J.,..,:;...L.,r
Robert i!i. Grabinski, Director of Inspections
0 IINSPECTI0NS\GRABINSKI_LORRAINE\W0R0\HBA MEETINGS\STANDARD F0RMS\N0TICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: June 6, 2003
Address of the Property: 775 WASINGTON - GARAGE
TO: Annette Homoley, 775 Washington, Muskegon, Ml 49441
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(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 775 Washington
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
CITY OF MUS~~ INSl3ttTION DEPARTMENT
~~ ltcJ;Jt.
Robe~ B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
775 WASHINGTON - Garage
5/19/03
Inspection noted:
1. Roof damage - severe - rafter investigation is required.
2. Rotted siding noted.
3. Structural lean noted.
4. Garage doors damaged.
5. Sill plate investigation is required.
6. No work may commence without obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HAVE
DETERMINED TI-IA T THE STRUCTURE MEETS Tl-IE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
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HENRY FAU:'INOWSKI, BUILDING INSPECT DATE
O:\lnspections\Grabinski_ Lorrainel Word\Di\NGEROUS BUILDING INSPECTION REPORTS\775
\1/ash ington.doc
HBA Minutes 817/03
#03-33 - 775 Washington - Garage only - Annette Homoley, same address
Ms. Homoley was present to represent this case. She stated she knows the
garage needs to be removed and she intends to demolish it herself.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Nick Kroes made a motion, seconded by Clara Shepherd to accept staff's
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
D BUSINESS: None
Nick Kroes inquired about 71 W. Southern.
looks w e, maybe we need to re-light a fire under the owner. Bo
stated he ring it before commission on 8/26/03. Also, the etten
Chevrolet buil on Third Street is open and needs to be rded up.
ADJOURNMENT: 6:1
CITY OF MUSKEGON
AMERICAN DISABILITY ACT P CY FOR GESS TO OPEN MEETINGS OF
N AND ANY O COMMITTEES OR
SUBCOMMITTEES.
The City of Musk n will provide necessary reasonable auxili ids and
signers for the hearing impaired and audio tapes rinted
materials g considered at the meeting, upon twenty-four hours notice to the
City of skegon. Individuals with disabilities requiring auxiliary aids or services
contact the City of Muskegon by writing or calling the following.
8 of 9
DATE: September 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#: 02-13 Address:
407Catherine
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
407 Catherine - Area 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: #02-13 - 407 Catherine, Area 11
Location and ownership: This structure is located on the corner of Catherine and
Wood in the Angell Neighborhood, area 11.
Staff Correspondence: This commercial building has been vacant and boarded
for more than one year and a dangerous building inspection report was written
4/4/02. On 7/11/02 the HBA tabled the case for 30 days to verify the current
owner, which was the State of Michigan. A notice and order to repair or remove
was issued 6/25/03 and the HBA declared the structure on 7/3/03.
Owner Contact: The previous owner had been in contact with Inspections to
verify she did not own it any longer.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $37,400
Estimated cost to repair: $8,000 plus additional costs to be determined during
interior inspection.
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, September 23, 2003.
0:\1 nspcctions\Cirabinski _ Lonainc\ Word\CC ML:E'rJNGS\A{JENDA ~407 Catheri nc.doc page 1 of I
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City of Muskegon Property Information Page I of 1
IH~!iJ!3.. f:leJpfTo~ls'.-• p~11~t:t111.~nh"ll
Property Information
r·,ew Property Search
Owners Name STATE OF MICHIGAN
Property Address 407 CATHERINE AVE
MUSKEGON MI 49442
Owners Address 430 WEST ALLEGAN FIRST FLOOR
LANSING MI 48922
·Property Number 24-205-079-0006-00
Map Number 24-31-29-210-001
Class 704
Neighborhood C0l.
Legal Desc CITY OF MUSKEGON REVISED PLAT 1903 LOT 6 BLK 79
View f,la.ilin,1 Label
hltp://intranet/Database/BG/bgshow.cfm?ID=3056 9/12/2003
For The Inspection Dept. 419618
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Josephine Leutscher
PROPERTY 407 Catherine
PLATE# 24-205-079-0006-00
DESCRIPTION Lot 6 Block 79
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 923
PAGE: 342
DATE OF DEED: June 2, 1969
GRANTOR NAME & ADDRESS: Farr View Dairy, Inc. 3130 Farr Rd.
Muskegon MI 49445
GRANTEE NAME & ADDRESS: McDonald Cooperative Dairy Company 609
Lewis St. Flint
LIENS OR MORTGAGES: 1653/794, 1653/795, 1823/905, 2149/299,
3153/966, 3296/221, 3268/104
TODAY'S DATE: April 16, 2002
EFFECTIVE DATE: March 20, 2002 at 8:00 AM
ABSTRACTED BY:
TRANSNATION TITLE INSURANCE COMP
The above information is to be used for reference purposes only and
not to be relied upon as evidence of the title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
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lffl[R 923 1m 342 •[,)I l
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g. /u /.,5-WARRANTY DEED
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KNOW ALL HEN BY TH.ESE PRESENTS: That FARR VIEW DAIRY,
INC., a Michigan corporation, whose address is 3130 Farr
Road, F~uitport, Michiqan, conveys and warrants to
McDONALD COOPERATIVE DAIRY COMPANY, a KiChigan corporation,
whose street number ana postoffice address is 609 Lewis
Street, Flint, Michigan, the follawing described p.reaiaea
situated in the Township of Fruitport, County of Muskegon,
and State of Michigan, to-wit:
---The Northwest quarter of the Northeast quarter
of Section 26, and the East half of the Northeaat
quarter of Section 26, Town 9 North, Range 16 West;
together with now abandoned right-of-way foraerly
known a& the Muskegon Freight line of the Pere
Marquette Railroad SystQ ucept the following;
coimnence at Northea•t corner of Section 26, thence
South 39 rods, then Weat to Pere Marqu~tte Railroad
right-of-way, thence Northwesterly along said right-
of-way to North line of Section, t.hence E••t along
said North line to place of beginning; alao exc•pt
that part of the North half of the Northealt qu•rter
of Section 26, Town 9 North, R.&nge 16 We • t, Fruit-
port Townahip, which lie• betveen a line 2D0 feet
Northeasterly of, meaaured at right angles, and
parallel to the survey Centerline of Highway
US-16 and a line 10D feet Southve~terly of,
measured at right angle•, and parallel to the
survey reference line of the southbound R.oadvay
o! Highway US-16,
The • urvey reference line of Southbound Roadway of
~~'·':.\
..,, Highway US-16 i • deacribed •• followa; C01M1encin9
. '
on the East and We•t quarter line of Section 23,
Town 9 North, Ran9e 16 We•t, Fruitport Tovn•hip,
.·- ~ at & point which is South &9• 18' 02" Ea•t,
98B.28 feet fro~ the we • t quarter corner of
aaid Section 23; thence North so• 40 1 02• We•t.
600 feet to the point of beginning of thil 1urv•y
reference linei thence South so• 40' 02• Eut,
923.01 feet to the point of a curve of ~ oo• 1~ 1
curve to the right; thence along •re of said curve,
JSl.00 feet to the point of tangentf thence South
49• t7 1 23n Ea • t, f518.ll feet to the point of
curve of a oo• lS' curve to the leftr thence along
arc of said curve 816.00 feet to the point of
tangent: thence South s1• 49 1 47• East, 1000 feet
to a point of ending. 'l'he • urvey centerlin• of
Highway US-16 i1 deacribed •• follow1i Co.a.ncing
in the Eaat and we • t quarter line of Section 23,
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NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
407 Catherine
(Address of Property)
TO: All owners and interested parties:
State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-4948
Owner
None
(Other interested parties)
On July 3, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
By \ 1kt-vJ Al.£:('•,: .,J~.
FOR T~-- USING BOARD_ 9F_ A.P. ~EJ\LS
Robert B. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: July 9, 2003
To: State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-4948
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, July 3, 2003 does hereby order that the following
structure(s) located at 407 Catherine, 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.
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD 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.
Robert B. Grabinski, Director of Inspections
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
Inspections Services
Department
Memo
To: State of MI/DNR Real Estate Div.
From: Robert Grabinski Director of Inspection Services
Date: June 25, 2003
Re: 407 Catherine
On June 20, 2003 a notice of hearing was issued to you regarding the above
property. It has come to the attention of this office that you were not sent previous
notices because of a change of ownership.
Attached, you will find all previous notices. If you have any questions regarding this,
please call 231-724-6715.
• Page 1
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: June 25, 2003
Address of the Property: 407 Catherine
TO: State of Ml, DNR Real Estate Div, P.O. Box 30448, Lansing, Ml 48909-7948
[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 407 Catherine,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
CITY OF MUS~g.1
,r~~~\· IN.SP.fECT!ON
,.. . 'D_,EPART:tNT
. ' .
,.•.__.,...__
-- :,·----~ I'. ,_..~- .~:.v '
\
Robe· B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: June 20, 2003
Address of the Property: 407 Catherine
TO: State of Michigan, DNR Real Estate Div. P 0. Box 30448, Lansing, Ml 48909-
7948
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 3, 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 Remove dated 7/18/02.
At the hearing on Thursday, July 3, 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 i~tjj
ON"BEHflf 0~ Tl:).E._HOj:)~• B~t:.D OF APPEALS
).,1-\z:,__,,..,~~..
Robefs. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_L0RRAINEIW0RD\HBA MEETINGSISTANDARD FORMSIN0TICE OF HBA HEARING.DOC
Affirmatlve Attlon
231/724--6703
FAxn22-1214
Assessor
231/724--6708
FAxn26-518I
Cemelery
231/724--6783
FAX/726-5617
Civil Service
231/724--6716
FAX/7244405 West Michigan's Shoreline Clty
July 18, 2002
Clerk
231/724--6705
FAX/724--4178
Comm. & Neigh.
Services State of Michigan
231/724--6717
FAX/726-2501
Dept. of Natural Resources, Real Estate Div.
P.O. Box 30448
Engineering
231/724-6707
Lansing, Ml 48909-7948
FAX/727..(i904
Finance Re: 407 Catherine
231/724-6713
FAX/724-6768
To Whom It May Concern:
Fire Dept.
231/724-6792
FAX1724-6985 The enclosed notices are regarding a property in Muskegon, Michigan that is
Income Tai: owned by the state. The notices originally went to the previous owner by
231/724--6770 mistake.
FAX/724-6768
Info. System!
231/724-674-4
This structure is on our dangerous building list and the case was brought before
FAX/722-4301 the Housing Board of Appeals on July 11, 2002. Usually, at this meeting ii is
Leisure Service determined by the board whether the structure can be repaired or needs to be
231/724-6704
demolished. It was at this meeting that this office was informed we had not
FAX/724-1196
notified the correct owner, so the case was tabled for 30 days.
Manager's Office
2Jl/724..(i724
FAX/722-1214 I am enclosing the exterior inspection report, a picture of the building, and the
Mayor's Office portion of the title search that shows current ownership. Please notify this office
231/724-6701 either by telephone or in writing of your intentions on this structure.
FAX1722-1214
Inspection Services If you have any questions, please call (231) 724-6715.
231/724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
f Axnl4-6790
Police Dept,
231/724-6750
FAX/722-5140
Public Work.5
231/724--4100
FAX/722-4188
RBG/lg
Treasurer
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724-6768
Water flltratlon
231/724-4 I 06
FAX/755-5290
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO TABLE THIS CASE 30 DAYS
Date of Order: July 16, 2002
Address of the property: 407 Catherine
To: Josephine Leutscher, 906 Kampenga, Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
CASETABLEDFOR30DAYS
The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled for 30 days to verify the current owner. We will drop your name
from this case and notify the state and county with further notices.
If you have any questions, please call the Inspection Department at 231-724-6715.
CITY OF MUSKEGON
~ N G BOARD OF APPEALS
l
jalJ:_~~-
By._J--_ _ _ _ _ _ _ _ _ __
Robert B.Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: July I, 2002
Address of the Property: 407 Catherine
TO: Josephine Leutscher, 906 Kampenga; Muskegon, MI 49442
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 11, 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 he~ri,ng 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 intentions for repairing this structure.
At the hearing on Thursday, July 11, 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.
F:IINSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: April 15, 2002
Address of Property:
TO: Josephine Leutscher, 906 Kampenga Ave, Muskegon, MI 49442
[Name & Address of Owner]
None
(Interested Parties)
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 prope1ties on Thursday, May 16, 2002 at
2:00 P.M. Failure to appear and allow the inspection will result in this office seeking
a search wanant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
407 CAT\-\f\""' NE
4/4/02
Inspection noted:
I. Structural cracks on buildings, exterior walls will need a designed professional
repair. Missing bricks in walls. Parapet caps loose & missing.
2. Roof investigation needed: Missing and rotted fascia.
3. Unprotected wood doors - frames are rotting: deteriorated garage doors.
4. Graffiti constantly on building.
5. Open exhaust openings, deteriorating the exhaust frames.
6. Building is boarded - no uniform pain or siding on exterior.
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.
u ,,
F AL INOWSKI, BUILDING INSPECTOR
F:llnspcctionslGrabinski_ Lorraine\ W ord\DANGEROUS BUILDING INSPECTION REPORTS\407
\Vood.doc
HBA Minutes 7/02
NAYES: EXCUSED ABSENT:
John Warner
DANGEROUS BUILDING NEW CASES:
#02-013 - 407 Catherine - Josephine Leutscher, 906 Kampenga, Muskegon
Lori O'Nealas was present to represent this case. Her mother is Josephine
Leutscher. She was not aware that her mother had anything to do with this
building anymore. Mr. Grabinski gave a history of this case. It is a commercial
building and we have had some neighbor complaints. An exterior inspection was
conducted, but as Ms. Leutscher sold it, she has no key to get in. Randy Mackie
stated the property has now gone back to the state.
Staff Recommendation: Table the case for a minimum of 30 days and notify the
correct owners. We will drop Josephine Leutscher's name off this case.
Motion made by Jerry Bever, supported by Nick Kroes to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie John Warner
Jerry Bever
Jon Rolewicz
Nick Kroes
Clara Shepherd
The motion carried.
7 of 10
DATE: September 15, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspections
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:03-07 Address: 2037
Kinsey.
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
2037 Kinsey - 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: 03-07, 2037 Kinsey. ·
Location and ownership: This structure is located on Kinsey between Hudson &
Crowley and is now owned by a David Medendorp.
Staff Correspondence: This structure was brought to the attention of the
Inspection Department from the MPD on 2/6/03. The inspection report was
written on that date and a notice and order to repair or remove was issued
3/5/03. The previous owners, Harry & Kathy Jourden, let the property go back to
Dean Pranger of Texas, and he sold the structure to David Medendorp. An
electrical permit was issued on 9/9/03.
Owner Contact: During the week of 9/8/03 the Director of Inspections noted
painting being done and spoke with David Medendorp. He was told any other
work to be completed must be done under a permit, including the electrical work
which was already done.
Financial Impact: The cost of demolition will be paid with General Funds.
Budget action required: None
State Equalized value: $16,400
Estimated cost to repair: $5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
O:llnspections\Grabinski _Lorraine\ \Vord\CC MlTrJNGS\AGl-:NDA 2037 Klnse) .doc page l or'.2
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1-0 37 4{ I tJSB'Y
For The Inspection Department File#: 424919
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Harry/Kathy Jourden
PROPERTY: 2037 Kinsey
PARCEL NO: 24-665-000-0246-00
DESCRIPTION: Orchard Grove Addition Lot 246
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1974
PAGE: 6
DATE OF DEED: March 31, 1997
GRANTOR NAME & ADDRESS: Dean Alan Pranger and Isabel G. Pranger,
husband and wife, 2037 Kinsey St., Muskegon, MI 49441
GRANTEE NAME & ADDRESS: Dean Alan Pranger and Isabel G. Pranger,
husband and wife, 2037 Kinsey St., Muskegon, MI 49441
LIENS OR MORTGAGES: 3021/406
TODAY'S DATE: February 20, 2003
EFFECTIVE DATE: January 22, 2003 at 8:00 AM
Abstracted by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TRANSNATION TITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infom1ation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
Sl'AIE Ur 1·1\C\l\GNI
cou;.\T'{ CF 1-11.JS'\EGU-!
H~:c:::\:·_::: r:i:•;: nr:ccno
1597 APR 10 PM 12: 43
,,., ·,)%:;'.
(!,.O./.,/t--l,.-::.... c.. :YvuVc.J
fi::01~rrn or ·rns
Q\1lT-CLAIM DEBO
Dated lhis day of:
This Indenture, MARCH 31, 1997
KNOW ALL MEN BY THESE !'RESENTS THAT:
PE.AN ALAN PRANGER AND ISABEL 0. PRANOBR, JWSBAND J\l\t) WIPE
2037 KINSEY ST,
MUSKEGON, Ml 49441
Conrey{11) and Quit~Clalm(9) To:
DEAN ALAN PRANOl3R AND ISABEL 0. PRANGER, HUSBAND AND WIFE
2037 KINSBY ST,
MUSKEGON, MI 49441
ror the sum or
THIS INSTRUMENT IS EXEMPT PROM COUNTY TRANSFER TA)CPURSUANT 'fO MCL 207.505 (!).IBIS
INSTRVMB-NT JS EXEMPT FROM STATE TRANSPBR TAX PURSUh.NrTO MCL207,S'.26(1),
the following described premlsES &ituated ln
THE CITY OP MUSK.EGON, COUNTY OP MUSKEGON AND STA'TE OF MICHIGAN TO WIT:
LOTS 246 AND 241 ORCHARD GROVE ADDITION TO TllE CITY OP MUSKBGON, AS RECORDED IN
UBER 6 OF FLATS ON FAGB 40, MUSKEGON COUNTY RECORDS,
P.P. #61-30-36-277-020 (17356-247) (LOT 2411
P,P, #61-30-36-217·019 (17356-246) (LOT 2461
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND LIMITATIONS OF RECORD, JP ANY.
Wltnessl!.'i:: Signed und Sealed
STATE OF MIClllGAN COUNTY OF KENT
Tbo fore.going Jnstnnnent WM ucknowledged before me
ON MARCH 31, 1997 BY DEAN ALAN PRANGER AND \LLEG\B\L\T'<
ISABEL G. PRANGER, HUSBAND AND WIPE
DUE JO POOR ORIGINAL
PRtPAl<ED BY:
DEAN ALAN PRANGER
20)7 KINSEY ST,
MUSKEGON, MI 49441
DalJe Organek /
NOTAAYPUBLIC - ,,_,_ COW.-0\
ASSISTED BY: ;\l\' COMMJSSlO:'\ &XPIRES;
T!IB TITLE OFFICE, INC, "'DEN RECORDED RETURN 'l'()
3655 LAKE EASTBROOK, SE
GRAND RAPJDS, MICHIOAN 49)46
,,., . " ,._.... :---;
-R,NG-UI
'
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
2037 Kinsey
(Address of Property)
TO: All owners and interested parties:
David Medendorp, 1718 Beach St., Muskegon, Ml 49441
Owner
Dean Pranger, 19022 Armington Dr, El Paso, TX 79928
(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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
FOR THE HOUSING BOARD OF APPEALS
('~~- ~ :. t
By \ . J_Je,.. . .t,"'~•
I :' .•
Robert .. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING. DOC
ELECTRICAL PERMIT APPLIC.A TION
City of Muskegon
933Terrace St. P.O. Box 536 Perml1 #
Muskegon, Ml 49443-0536
I JOB LOCATION
(231)724-6758
'iJ'/ r- ~ \.. .( 8- q ..). 3 '),::;
Job Aod,es,9 () .•s1 i-(/ \'l .s-f cl Has a buildrf pe1mrt been issued for this projecP
YES NO n NOT REQUIRED n
Na\)IC),OM,er,APy1 c\., d
\ • fl I , ....( , .-'f\ ., ,~ -F b
O....ner Address
II. CONTRACTOR /HOMEOWNEJ; INFORMATION
w~ntractor
omeo'M'lef
INa1:5 ,J-J E(J. t..i::{_ [. UL/J C{,,'\c._-t
License Number Exp1rat1of1Dale
Address(Street & Name) I C,ty
Stale Zip Code
Telephone Number
( )
I Federal employer JO Number (or reason for exemption) M ESC Employer Number (or reason for rxemplion)
Workers Compensation Insurance Carrier (01 reason for exemption) Conlnclor inforrn.atwn rcg1s1ercd ,,_,jlJ, the C11) oO.Juskeeon
YES D NO D
Ill. TYPE OF JOB •
Class of work (check au that !e{>IY)
NEW BUILDING LJ ADDITION 0 ALTERATION .'p) REPAIR D
RESIDENTIAL COMMERCIAL 0 INDUSTRIAL 0 OTHER 0
IV. FEE SC HEDULE - Enter the number of items be1na insta Ile d Mulnp Iy by the unrt price for the total fee.
FEE If TIMS TOTAL FEE -'ITEMS TOTAL
Base F"e-e (S°ofH·cfund.ableJ ~5.00 35.<D 1':VA & HP rach up lo 20 $9.00
Servin.Su bpa.nrl, chan gr or $15.00 K\'.-\ & HP each 2110 5{) Sil.DO
p1nrf thru 200 am n
O'"-er 400 amp lhru 600 amp $20.00 K\'A & HP rach 2110 SO $18.00
Over 600 amp thru 800 imp 's23.00 Firt alarm up to JOdrvicf'S $75.00
Onr 800 amp fhru 1200 amp $30.00 Fin alarm t I lo 20 do-ices JOO.OD
O,·er 1200 Amp GFI Only $50.00 Fire alarm over 20 devices ea. $8.00
Enrrgy/ Tempera1ure
Circuits c.ich $5.00 $45.00
Controls
Lii:hting Fiitures per 25 $9.00 I °1,a::i Conduit or grounding only S45.00
lm1prc1ions Rc•inspeclions or
DishwashlT $8.00 $35.00
foul
Electrical I In.ling (baff'boards) $8.00 Jnsprctions Speci.al'Safcty $50.00
Furn1cl' (unit huters) $8.00 Jnspedions Hourly R.alc $50.00
Power oullcti (inc. range & $10.00 Meler insp,ction lo 1urn on
$25.00
dr\"rrs) no,,.,r
Sign1 (unils) -sl1-~· ~fj';i,.. Plan Rt\fow Ftt 25'!,o
Signs (lelltt) £i. 1
·S1s.oo . ~~ Olh,r
~.. . '
w
Signs (.°"eon - Each :5 fi) /4'C\_j'-"" i ~o~ ~;:,.,, 1 I,,
~
TOTAL FEES LjL/. o:_)
54':~ ·:z ,,.. ........ -:::, ,:;
Feed en -Bui duc1s per p,-•~ $1!~.
-~, / ...\~)
~fob ii, homr park site ~)~ • \~1$::l db-"'
• ~ <-"
1.-\J'PRO\'ED FOR ISSL'E BY
'
V. HOMEOWNER AF,
'
Recrealionah-ehiclr par!.: sri"f~,:;-,
.
tS8'.o_a.'
"T .,
~~ -'c:;; 'T
1\'Y
p;~\EDBY
-, I
I hearb} certify the electrical "ark ·' · I-' ii applic11.ion stud! be irnufled by my1clf in my own home which f J.m Jh·ing or Jm .about lo occupy. AJI
wor\.: sha II be imt.Jllcd in accord.11nce with IJIC c1cc1r1cal code and sh.111! nol be enclosed. covered up, or pul in Lo opeotion until ii hu been irnpcc1ed and •ppro,·cd
by the Elcctrnal Inspector. I wiU cooper.a.le with the elcctncal ins peel or and ~sumc resporuiibilily to arrange all nc-tenary in1peclioni.
VL APPLICANT SIGNATURE
or
Srction 1Ja 1h, star, ,,111,1r11 ,·lu,n ,·,ul,· act or 1972., 1972 PA '.:JO, ~fCL 125.J 52.Ja. prohibits a penon from conspiring to circum \·rnt 1he licensing
r~uirrmrnll or this ,121c rrlating to perwns 11 ho are lo perform work on • rl"Sidrnlial building or a re1idrn1ia! s1rue1urc. \'iolators or .t,N:11on !.la art
~ubjmed toci,il finl.'-5."
S1g1ulUIC ofLiccnsc:c or Homco"'ner(}fomeowni:r /'l C
JiEnature ,nd1:a1.Cs comp!iancc with Section\') \__Ll '\- ~' Q_
E3·02
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: June 6, 2003
To: Harry & Kathy Jourden, 2037 Kinsey, Muskegon, Ml 49441
Owners Name & Address
Dean Pranger, 19022 El Paso, TX 79928
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 2037 Kinsey, 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_LORRAINEIWORDIHBA MEETINGS\STANDARD 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.
Roberit B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHDOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: May 22, 2003
Address of the Property: 2037 Kinsey
TO: Harry & Kathy Jourden, 2037 Kinsey, Muskegon, Ml 49441
[Name & Address of Owner]
Dean Pranger, 19022 El Paso, TX 79928
[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 3/5/03.
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,
ON ~ F ?F TH~OUSING BOARD OF APPEALS
By ,/r:J._f (!< .. 1_' ,
Robert B. Grabinski, Director ofinspec· 1ofls
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING DOC
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
BJ/724-6708
FAX/726-5181
Cemetery
23]/724-6783
FAX/726-561 7
Ch:il Service
231/724-6716
FAX/724-4405 \\est Uichigan·s Shon·llne cur
Clerk
231/724-6705
FAX/724-4178
March 10, 2003
Comm. & Neigh,
Ser\'lces
231/724-6717 Harry & Kathy Jourden
FAX/726-2501 2037 Kinsey
Engineering Muskegon, Ml 49441
23)/724-6707
FAX/727-6904
Re: Unsafe Living Conditions
Finance
lJl/724-6713
FAX/714-6768 Dear Mr. And Mrs. Jourden:
Fire Dept.
lJl/724-6791
FAX/724-6985
Your residence was recently inspected and found to have several violations that
pose a serious life safety issue. At the time of the inspection you were informed
Jncome Tax
231/714-6770 that no one would be able to stay in the structure. In an effort to assist with
FAX/724-6768 repairs, this office agreed to leave the utilities in place. It has come to our
Info. Systems attention that some, if not all, of the occupants have been staying in the structure.
231/714.6744
FAX/722-4301
Again, this places those persons in extreme danger.
Leisure Service
131/724-6704
With the above knowledge, this office is forced to take the following action. You
FAX/724-1196 must obtain a permit and complete the repairs for items 2, 3, 4, 5, 6, 8, 9, 10, 11,
Manager's Office and 12, of the attached list, within 48 hours of this notice. Failure to comply will
231/724-6724 result in this office taking the necessary steps to terminate all utilities.
FAX/721-1214
~~ -
Mayor's Office
231/714-6701
FAX/722-1214
1nspecuon Senlces
131/724-6715
FAXJn,-iso,
i
A~ctrely,
R bert B. Grabinski
' •
Planning/Zoning
23 l /724-6702
Director of Inspections
FAX/724-6790
Police Dept.
Cc: Sue Johnson, Protective Services
231/724-6750
FAX/722-5140
RBG/lg
Public Works
231/724-4100
FAX1722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Billing Dept.
231/724-6718
FAX/724-6768
Water Flltntlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536. l\luskrgon, Ml 49443-0536
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: March 5, 2003
Address of the Property: 2037 Kinsey
TO: Harry & Kathy Jourden. 2037 Kinsey. Muskegon, Ml 49441
[Name & Address of Owner]
Dean Pranger. 19022 El Paso, TX 79928
(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 2037 Kinsey. Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
CITY OF M~±~D:i~T
;,
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
2037 Kinsey
2/6/03
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. Water heater in unsafe condition.
3. Wall furnace installed in contact with combustibles.
4. Furnace exhaust duct rusting out.
5. Chimney needs to have a liner installed.
6. Bathroom plumbing in disrepair.
7. Bedroom on front porch has no egress window, no smoke detector and blocked
exiting due to large amounts of debris.
,8·. Use of numerous extension cords.
9. Open junction electrical box in attic.
Hf. Open electrical switch and box in closet stuffed with homeowners contents.
11. Blocked access to service panel in closet.
J✓:c: No working smoke detectors in home.
13. Repair/replace all damaged siding.
14. Floor repair in bathroom floor is severely sloped. Check joists, bearing.
)5. Garage structure needs to be inspected. Must remove large amounts of debris for
investigation. No access available on this date.
),«-' Remove all debris out of yard.
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.
HENRYF TINOWSKI, BUILDING INSP CTOR DATE
O:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\203 7
Kinsey.doc
I nci'd ent Reoort MU sKEGON POLICE DEPARTMENT 2 003 - 003598 - I
Incident No Date & Time Rept Offense: 89004
2003-003598-I I 02/20/2003 17:56 WARRANTS
Occurred From: Occurred Until: Incident Location
02/20/2003 17:56 I 02/20/2003 18:54 2037 KINSEY ST
Current Disp I Disposed To Municipality District
CLOSED CLOSED LORD MUSKEGON 115
D1spos1tion Date Juveniles Only? TTY Sent? Cance led? TTY numDer
I 02/20/2003 NO NO I I
Photos? Consent? Affidavit? Optional Date/Time
NO I NO NO I I 00,00
Officer Assigned Investigating Officer
10557 HEPWORTH, SCOTT JASON
N Copy to inspections for information. Lt. Lord
0
T ------;;;:------- [02/20/2003) - - - [17:56) -----;;;:-------=
E CMP MOTHER KATHERINE JOURDEN 47YO W/F THERE TEARING UP THE
s HOUSE ... ACTING ODD ANGRY ABOUT HUSE BEING IN JAIL ... ANOTHER
FEM THERE ALSO ... NO FIGHT ...
______________ ______________
I
[02/20/2003) - - - [17:56)
THE CMP IS THE DAUGHTER BLVS THE MOTHER IS UPSET WITH
FATHER BEING IN JAIL STATES THAT MOTHER IS ON MEDICATIONS
THE OTHER FEM THAT IS WITH HER IS SUPPOSED TO BE HELPING
HER
______________ [02/20/2003) - - - [18:28) -;;;:-;:::;-;;;:-;;;:-;;;:-;;;:-;::::
FIRE 95 CAN DISREGARD, FOUND 10-99 ON SUBJECT
______________ [02/20/2003) - - - [18:37) -=-=-;::::-;;;:-;;;:-;:::-;;;:
CONVEY OCCURED 02/20/03 @ 18:37:10 TO: COUNTY
______________ [02/20/2003)
______________
[18:44)
ARRIVED ON CONVEY TO COUNTY
______________ [02/20/2003) [18:44)
ARRIVED ON CONVEY TO COUNTY
______________ [02/20/2003) [18 :52)
STATUS CHECK BY SS
;:::;•-=-=-=-::::-=-=- [02/20/2003) --- [18 :52)
STILL ON IT
NAME: JEANETTE MARSHALL
ADDR: SPRING LK
OFFENSE: CWB Check Wellbeing
=CAD TIMES: 17:56;18:01;18:07;18:54;
I
I
rpt revt.c 1.41 Date Printed: 02/20/2003 Page 1
Continued MUSKEGON POLICE DEPARTMENT 2003-003598-I
Incident No Date & Time Rept Offense: 89004
2003-003598-I I 02/20/2003 17:56 I WARRANTS
Name/Ar1r1ress/Phone Description
p JOURDEN, KATHERINE SUE Born 06/11/1955 FEMALE
E 2037 KINSEY Hgt. 5' 8" WHITE
R MUSKEGON MI 49441 Wgt. 253 NON-HISP
s ( 231) 759-2371 ( 2 31) 215-1082 Hair BRO Eyes BLU
I n WARRANTS
i
V ARREST I 89004
N 02/20/2003
I Descriotion/Name/Comments IMaice/Model/Statl Serial No. /Qtv/Value
NO PROPERTY
Status/Plate Type/VIN I Rea/EvintValue1 Description
NO VEHICLES
Cateqorv 1 Descrintion
NO M.O. INFORMATION
I
I
I
I
I
I
I I
rpt revt.c 1.41 Date Printed: 02/20/2003 Pae
g 2
Continued MUSKEGON POLICE DEPARTMENT 2003-003598-I
- Incident No I Date & Time Rept I Otfense: 89004
2003-003598-I 02/20/2003 17:56 WARRANTS
N TAKEN FROM WORDPERFECT DOCUMENT 2003003598.001
A DISPATCH INFO:
R
R Officer VELIK and I were dispatched to 2037 Kinsey on a check well
A being. The mother of the complainant was in a house that was
T condemned tearing it up. The mother was upset because her husband
I was in jail.
V
E CONTACT WITH RESIDENT:
When I arrived, I made contact with KATHERINE JOURDEN (Arrest/TX:
759-2371). JOURDEN said that she was upset and threw a lamp.
JOURDEN said that she was not suicidal. JOURDEN advised me that
she was only suRposed to be in the house during business hours.
JOURDEN let me in to look at the house. The house was messy, but
it did not appear to be damaged.
OFFICER'S ACTIONS:
There was a white and orange notice from the MFD and Muskegon
Inspections, respectively, stating that the structure was not to be
occupied.
I ran JOURDEN on LEIN. LEIN showed JOURDEN to have a confirmed and
valid warrant out of RPPD for FTA on a misdemeanor traffic
violation. JOURDEN told me that her daughter just paid $200 on
that. JOURDEN said that her daughter put the receipt on her desk.
JOURDEN briefly looked for it, but she said she could not find it.
JOURDEN was allowed to lock up the house. I placed JOURDEN in hand
cuffs (double locked and checked for tightness). JOURDEN pockets
were searched in front of my cruiser's camera (nothing found).
JOURDEN was transported to MCJ and lodged on the valid warrant
without incident.
STATUS:
Please refer this report to MFD and inspections for informational
purposes.
Closed.
Officer S. HEPWORTH# 42
rpt revt.c 1.41 Date Printed: 02/20/2003 Page 3
HBA Minutes 6/5/03
Recommendation: Declare this building substandard, a public n
erous building and forward to city commission for their
A roll call vote was taken:
AYES: ABSENT:
John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Case #03-07 - 2037 Kinsey - Harry & Katherine Jourden
There was no one present to represent this case. Mr. Grabinski gave a history of
the case, which began with a Police Department investigation.
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 Clara Shepherd 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 #03-02 -
4 of8
CITY OF MUSKEGON
INSPECTION DEPARTMENT
(231) 724-6715 .--,,:--.:2-.
INSP~SHEEi For _ ___.:~u.,,..1.:-4-,.--<.::,c':;;;'-Ac:,,.J"'-,'---------
e---Jlulldlng O Electrical O P1umbln<;j O Zoning
•' --- ' - - -
Footing O s.....ie. 0 Un<lotgrO<Jnd
' ---
O UndorgrOYnd
0 R<>ugh In O Rough In O RoU{jll In O Rough In
0~~ •- • Fl~ • Fl~
•--- •--- •--- •---
DATE: September 15, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-29
435 Amity.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 435 Amity - Area 11. Is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 03-29 - 435 Amity, Area 11.
Location and ownership: This structure is located on Amity between Wood and
Williams and is owned by Deutsche Bank in Texas. It is in the Angell
Neighborhood.
Staff Correspondence: This property was written as dangerous/substandard
after being boarded since September 2001. A notice and order to repair or
remove was issued 7/7/03 and on 8/7/03 the HBA declared the structure.
Owner Contact: Matrix Management has called and requested all reports and
to be added as an interested party.
Gerald Singer, who owns other rental properties in the city, was in the office
9/10/03 and stated he is purchasing the property.
SEV: $18,100
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $4,000 plus additional amount for interior items
once inspected.
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003
391
0 431 443 449 0
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For The Inspection Department File #: 428792
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: James Noble
PROPERTY: 435 Amity
PARCEL NO: 24-205-055-0004-00
DESCRIPTION: Revised Plat of 1903 Lot 4 also E 1.5 ft Lot 5 Blk 55
FROM RECORDS OF TRANSNATION TITLE
LIBER: 2010
PAGE: 886
DATE OF DEED: July 31, 1997
GRANTOR NAME & ADDRESS: Dorothy Ann Jenkins flea Dorothy Noble,
912 Allen Ave., Muskegon, MI 49442
GRANTEE NAME & ADDRESS: James Noble, 435 Amity Ave., Muskegon
MI49442
LIENS OR MORTGAGES: 3054/199
TODAY'S DATE: May 16, 2003
EFFECTIVE DATE(April 21, 2003 at 8:00 AM
Abstracted by: JU~(11ci l~Cf21[ltlt,:
T NSNATION TITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
i,n2010rm886
C'? t.!~ ! 2 I: 25
:. "··
•. ~----..: /
QUIT Cl.AIM DEED
STATllHlRY FORM
FOR INDIVIDllAI.S
KNOW ALL MEN B\' THESE PRESENTS: That DOROTHY ANN JENKINS fik/a DOROTHY NOBLE,
whose street number and postoffice address is 912 Allen Avenue, Muskegon. Michigan, 49442
QIIIT Cl.AIMS to JAMES NOBLE, a single man. whose address is 435 Amity Avenue, Muskegon, Michigan,
49442.
'f'he following described premises siluah!<l in lhc City of Muskegon, l'ounty of Muskegon and State ....a,,1·
Michigan, 10-wi1
l.01 Four(4) and the Easl 1.5 feet of Lot Five (5). Hloi.:k Filly 1-'iYc (:"5), Revised Plat of the City
nl'Muskcgon. as recorded in l.ihcr :l of Plals, Pagl~ 71, Muskegon Counly Records.
This dcc<l is l.!.xcmpt from real estate transfer tax pursuant to MCI.A 207.50S(a),
MSA 7.456(,S)(a): and MCI. 207.526(a): MSA 7.456(26)(a).
for the sum of less than One llundrcd ($ 100.(Hl) llollars.
Dated this J/'" 1day ol'July, 1997
Signe(] and Scaled:
,, .
i I ; ' I
-==-~~-~~~=~-
:, . , r 1
/Jl' ·. · .< I! {f:t il
ii)/ .
,..s
llorolhy ,Ann Jenkins IZ ·/a Dorolhy Noble
(I J
I 'l 1tf
'
-------------~I..SJ
ST,\ IT OI· .\11Clll(iA'.\.
I ss
('(){ ·,TY ()j,' .\ll 1SKEC,O~
The foregc,-m~ ·1m.trument \~as ac .... nowlc<lgcd hcfore me 1h·1s .;}l~'.~L day of July. l') 1H. hy Dorothy Ann Jenkins l'lk/a Dorothy Jenkins
A
'i:~iL£J
Hilliard. Public
N(itar\
1; 1d=·
. -~·_
Muskegon County. Michig.an
My ('.imm1s!<inn E-..pircs ~-8-IJO
Ridiard Catalino
Allorney at l.:iw
N11lan & "Nolan_ 11 C
40 Concord Avenue
\1uskcgon. Michigan, 49442
Aller rcc1,rdi11g r1·turn 10 Richard Catalino Send suhscquetll la:,; bills In James Noble
4.15 Amily Avenue
Muskegon, Ml 4Q442
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
435 Amity
(Address of Property)
TO: All owners and interested parties:
Deutsche Bank, 4708 Mercantile Dr. N, Fort Worth, TX 76137
Owner
Matrix Management, 700 1ih St. Suite 100 LL, Denver, CO 80202
(Other interested parties)
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
Chase Bank 1111 Fannin-12 th Floor Houston TX 77002
On August 7, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
FOR\~f Uf
lNf BOARD OF APPEALS
By
\ a{x±vj~~},.' J,7, - .,
1
Robert B. Grabinski, Director of Inspections
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Matrix Management, 700 1ih Street Suite 100 LL, Denver, CO 80202
Owners Name & Address
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
Names & Addresses of Other Interested Parties
Chase Bank 1111 Fannin-12'h Floor Houston TX 77002
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, August 7, 2003 does hereby order that the following
structure(s) located at 435 Amity, 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.
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD 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\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 435 Amity
TO: Matrix Management, 700 1ih Street, Suite 100 LL, Denver, CO 80202
[Name & Address of Owner]
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
[Names & Addresses of Other Interested Parties]
Chase Bank, 1111 Fannin-12'h Floor, Houston, TX 77002
Please take notice that on Thursday, August 7, 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 remove issued 7/7 /03.
At the hearing on Thursday, August 7, 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.
CIT~~~~EJU0~~~.51;;CT
.. IO
..N '_ EPARTMENT, i~
ON ~E~~v.ti1f!~l:_~,OF APPEALS
By 1u
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: July 7, 2003
Address of the Property: 435 Amity
TO: James Noble, 447 Marshall St. Muskegon, Ml 49442-1230
(Name & Address of Owner]
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
(Interested Parties)
Chase Bank 1111 Fannin-1 ih Floor Houston TX 77002
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 435 Amity,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE OF INTERIOR INSPECTION
DATE: May 28, 2003
Address of Prope11y: 435 AMITY
TO: James Noble. 447 Marshall St. Muskegon. Ml 49442
[Name & Address of Owner]
Hamilton Mortgage. 3200 North Central Ave. Suite 1260. Phoenix. AZ 85012
(Interested Parties)
Chase Bank. 1111 Fannin-1ih Floor. Houston. TX 77002
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 prope11ies on Tuesday, June 10, 2003 at
I :30 P.M. Failure to appear and allow the inspection will result in this office seeking
a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
~ J ~ J I
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Robert B. Grabinski, Director oflnspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
435 AMITY
5/15/03
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. Front porch column are structurally damaged - replace.
3. Front porch steps are insecure - wrong rise and run.
4. Porch ceiling is rotting.
5. Open electrical box on front porch.
6. Missing siding.
7. Broken out windows - repair or replace.
8. Tuck point blocks.
9. No work may commence without obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
BASED UPON MY RECENT INSPECTION OF TI-IE ABOVE PROPERTY. I HAVE
DETERMINED TI-IA T 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
\\M uskdata\Data\l nspections\Grabi nski .. Lorraine\ Word\DANG EROLI S BUILD ING INSPECTION
REPORTS\435 Amity.doc
!IBA Minutes 8/7/03
#03-29 - 435 Amity - Matrix Management, 700 1?1h Street, Suite 100 LL,
Denver, CO 80202
No one was present to represent this case. Bob Grabinski gave a history of the
case and stated Barb Delello has listed the house to sell as is.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Jon Rolewicz made a motion, which was seconded by Randy Mackie to accept
staff's recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
02-90 - 1345 Fifth - Garage only - Fannie Jones, Chicago IL
as no one present to represent this case. Bob Grab·
of the c and stated it is in the process of being sold.
ation: Declare this building sub ndard, a public nuisance,
and dangerous bu1 · and forward to city c ission for their concurrence.
Clara Shepherd made a mo · d by Jerry Bever to accept staff's
recommendation.
A roll call vote was taken:
AYES: ABSENT:
Clara Shepher
Randy Mack·
Jon Role · z
Nick es
Gr orgman
ry Bever
3 of 9
DATE: September 15, 2003
TO Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-34-
769 Washington.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 769 Washington - Garage only, Area 12, 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: 03-34 - 769 Washington - Garage only.
Location and ownership: This structure is located on Washington between
Henry & Beidler in area 12, Nims Neighborhood. It is owned by Victor
Rockafellow.
Staff Correspondence: This garage was written as dangerous and
substandard on 5/19/03. A notice and order to repair or remove was issued
6/6/03. On 8/7/03 the HBA declared the structure.
Owner Contact: The owner was present at the HBA meeting in August and
stated he wants to repair the garage, but doesn't agree with the building
inspector's requirement for a structural engineer to design the repairs. There has
been no contact since the HBA meeting.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $32,800 (house & garage)
Estimated Cost of Repairs: $5,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003.
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For The Inspection Department File#: 428954
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Victor J. Rockafellow
PROPERTY: 769 Washington
PARCEL NO: 24-205-412-0004-00
DESCRIPTION: Lot 4 Blk 412
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1466
PAGE: 174
DATE OF DEED: February 17, 1989
GRANTOR NAME & ADDRESS: Arthur Erickson and Dorothy Erickson, 769
Washington,Muskegon,MI49443
GRANTEE NAME & ADDRESS: Paul G. Tyjewski and Phyllis K. Tyjewski,
2276 Blissfield Ct., Muskegon, MI
LIENS OR MORTGAGES: 1905/667; 3522/130; 3522/131
TODAY'S DATE: May 23, 2003
EFFECTIVE DATE: April 23, 2003 at 8:00 AM
Abstracted by: ~a~
TRANSNATIOTITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
AfffX r.E.~L rsmr T!!MiS!!rf
1, ,,
Received for Record TAX STAMP AnER H[CCROltiG
o'sJock M,, and recorded in 11
I 61-11241
. _. __ .... Reg-ister of Deeds,
County, Michigan .
day o( PEl3RUI\.RY 19 89
17th
Jr'IT.YF,SSET1l, That l\rthur. Erickson and Dorothy Erickson, Husband cind Wife
769 Washington
Mui:;kcgon,MI 49443
,d I
fnr 1hesu111 of One dollar ($1.00) and other· valuable consideration (see affidavit attac
Cn:-:vr-:ys ANO WARRANTS tn Paul G. Tyjewski and Phyllis K. Tyjewsk"i, Husband and
Nifo
II
2276 Blissfield ct.
Muskcgon,MI
,·1r Muskegon
the· fol!nwi11g dc.-snilH'd tan1ls and rn-111i.~l'S situated in tho City
County of Muskegon nnd Slatr.- nf Michii:_an, vi1.·
Lot 4, Block 412, Rcvlsod Plat of tho City of Muskegon, as recorded in
J,ibor 3 of 11 1ata on Pngo 71,
P,P, Ull•ll·30•303-00I (0123!)
SUUJl~C'l' 'J'O EASgM8N'J'S l\ND llES'l'IU.CfJ'!ONS o,~ 1mco!l0, H' AN'f,
s;;~~:Jwy .
S,qned · on the Dote fail obove wulten
{!;_,C/i
CATHY'/· NORfut'~·
). {r~cft~L-- ....
Arthur Erickson
.~7
SARAH V.
ST.1\TE OJ<' ~IICIIJCL\~. /
89
C11t·-:-:TY of Muskegon f ~:;. On this 17th day nf
February 19
bt•fnn• 11w, 11 :,.:,,tary Public iu :wd fnr saitl Cr,unty persrmal!v appeared
""u~l.
Arthur Erickson and Dorothy Erickson, Husband and Wife
tn mt' knov,,n tn he the saml' prrc;m\S clescribl'rl rn and who executed the w1thi11 in!.trumt>nl, who acknnw•
,..,,,,.,, IIH' '·"'"' '" ,,,. thoir fn·<· act ""' ~ '1/ ~ ~
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Nntary Puhhc, NORK~
MUSKEGON Couuty, M1ch1gan. CJ')
O')
I f/,.,,.1,_,. <:rrrif_r lhnl thnt· :irt· no Ta~ Lien~ nr "f1lln hdd br the State or nny iml"ivi,loal a,:ainit th( wi1hin t1e1-eriµtion. anti
,...·~
all TnH·\ on sBml' ar~ paid for fi,·1• ~ 1•a1~ 1:rcviou, to thr datr of this mqn11m•11t, a, apiir~r~ h)' the rrc-ords iu my officr. Thh CNtificnte
ilnc•, not a11ph· m\ 1ax,·,, 11 ~n\· now in prnn<~ nl cnllen1nn
PHSPAllED
rHE TITLE OFFICE
av, / .. .0433 93.
Date ~ .,_)..,..,-,_......_n.,.,,•i :J;}, 19 'i,'l
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427 \'I, Seminole Road u County, Michigan
Counly Treasurer,
1uskegon, MI 49441 ··1
111
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
769 Washington - Garage
(Address of Property)
TO: All owners and interested parties:
Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
Owner
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
(Other interested parties)
On August 7, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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~H9us~N~A~~OF.;A PTA.LS
,<cr&,:1:_1/:5 JJ.~l~
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Robert 8. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
Owners Name & Address
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
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, August 7, 2003 does hereby order that the following
structure(s) located at 769 Washington (Garage), 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) \,\'ithin 30 days from the final determination to concur and demolish, if ii 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.
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD 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.
qn~Gm:EALS
Rolpert B. Grabinski, Director of Inspections
0:\INSPECTI0NS\GRABINSKI_L0RRAINEIW0RD\HBA MEETINGS\STANDAR0 F0RMS\0RDER TO DEM0LISHO0C
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 769 Washington - Garage
TO: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
[Name & Address of Owner]
Phyllis K. Tyiewski Trust. 351 E. Sternberg, Muskegon, Ml 49441
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, August 7, 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 issued 6/6/03.
At the hearing on Thursday, August 7, 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 9£J,.t1USKEGON INSPECTION DEPARTMENT,
:: BE;:.~l::L~ll,~~J~:~~1~,0F APPEALS
Robert B. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_L0RRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARINGOOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: June 6, 2003
Address of the Property: 769 WASINGTON - GARAGE
TO: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
[Name & Address of Owner]
Phyllis K. Tyjewski Trust. 351 E. Sternberg, Muskegon. Ml 49441
(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 769 Washington
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
CITY OF MUS~·rrSPECTl6N
~cJo "":)
.\Q 1~PAA_R~MtT
-~'✓~
-- 1••-, _j.,
Robert B. Grabinski, Director of Inspections
,
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
769 WASHINGTON (Garage)
5/19/03
Inspection noted:
1. Structural engineer to inspect. Significant lean noted. Engineer will
design repair for all structural defects.
2. Windows boarded.
3. Doors to be repaired.
4. Doors and trim to be painted.
5. Roof inspection is required.
6. All work requires a building permit. No work may commence without
obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HAVE
DETERMINED THAT Tl-IE STRUCTURE MEETS THE DEflNITION Of A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
, BUILDIN SPECTOR DATE
O:llnspcctions\Grnbinski_L.orrnine\Word\DANGEROUS BUILDING INSPECTION REPORTSl.769
Washington (Garage).doc
HBA Minutes 8/7/03
roll call vote was taken:
NAYES: ABSENT:
John Warner
#03-34 - 769 Washington - Garage only- Victor Rockafellow - 1450 Leahy
Mr. Rockafellow was present to represent this case. He stated he works nights
and isn't available except at certain times of the day and people don't return his
calls at the times he requests. He wants to repair the garage, but wants a
variance on his property to split the lots. He also doesn't believe he needs an
engineered design. He also spoke at length of rental inspections.
Mr. Grabinski explained the variance is not something the Inspection Department
deals with, he needs to talk to the Planning Department. He also explained that
Mr. Rockafellow needs to bring his plans into the Inspection Department for
approval and begin work. He needs an engineered design plan because of the
lean to the garage.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Nick Kroes made a motion, seconded by Clara Shepherd to accept staff's
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
7 of9
Date: September 23, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Summit Pyrotechnics
SUMMARY OF REQUEST: Steven Franklin is requesting approval of a
fireworks display permit for October 11, 2003, from dark till 12:00 a.m.
Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks and approval of
insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance. Staff requests the time be changed
from dark till 11 :00 p.m. and that Mr. Franklin publishes an ad or article
in the Muskegon Chronicle notifying the public of the event.
FM- 32( 12- 681
APPLICATION
FOR FIREWORKS DISPLAY PERMIT DATE OF APPLICATION
Act 358, P.A. 1968
I 9-//- 0<?
l. TYPE OF DISPLAY: 0 Public Display D Agricultural Pest Control
2. APPLICANT
NAME OF PERSON / ) ADDRESS AGE: Must be 21 or over
,<:;,, .,-v,wt ,--f- tr... ✓l"D~~,,,. 7/f'" c:- ,-=?Sb :? S. G,£. ?Tv
3. PYROTECHNIC OPERATOR
NAME ADDRESS AGE: Must be 2 1 or over
,S'f-&- ,;Cfl) I?. /7"4,v/c/, ~
EXPERIENCE: /
NUMBER OF YEARS NUMBER OF DISPLAYS WHERE
/ 1',- I 7'00 + Y>1:L
,,
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,,
rL /J?./J. AY. #1/,
I
Al ,J;1 ,l)C_
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
N ame of Mi chigan Attorney or Resident Agent A D DRESS TELEPH ONE NUMBER
5. EXACT LOCATION OF PROPOSED DISPLAY
f ---'-
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DATE - - I TIME
- - - - -- -- - - - ------l
/ 0 -/; -/'J ? I) Ci/' k- --f/J/ /,,.:;} l rYl
6. NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED
MANNER & PLACE OF ST ORAGE PRIOR TO DISPLAY
1PI' ,.., ,,D , ,,,-:f s J. . 11 ✓J ,:;,,J} <-r?"-> .,-✓' f e
I ,, I
I Subject to Approval of Loca l Fire Authorities I
A. AMOUNT OF BOND OR INSURANCE
7, FINANCIAL RESPONSIBILITY ( to be set l>y municipality) $
B. BOND I NG CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
i Soe other s i de f o r instruct i ons I
p.3
Sep 19 03 07:39p
•~•J.1. tH_tv.d•SS! _
dl,gan 01!,:,anm,nt of Siar• Pofit:t
AE MA~SHAl DIVISION E:nc1osure (32)
Appendix F
~PPLICATION FOR FIREWORKS DISPLAY PERMIT_ _ _ _ _ _ _ _ _ June
.;:..;.=.:...:.;..:.::.;.~::..:..:...:...:..;.:.:::.:.::.::.:.::.:.::..:::.:::::.....:::::.:~::.:.::::!!.!.. No. 9
Order19B5
01teof A,ppllc.stio
li3'"'"PV8LIC DISPLAY Q AC:R !CULTURAL PEST CONTl'IOL
·.me ot Pyrou-chnii: O~@f'~rot
F erz.1C/'--
Addrl'U Ag1-.._.
NO. Of FIREWORKS KJNO OF FIFtS'WORl<S TO u~ OISPLA'i-'eo
\ l~n fc"IJS, c l ,Ar,C ~ ~c.. '\', t<:::. C'II
•
ILi.~
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IN,qm;;i -lf S,o,m,Hr,g- Cor~r~uior- or inan·•~• Company
, 'Q D ( LW! ,4: kl..)S. yJL ~ Cf:i
I AUTHORITY: Ace 3&8, P.A. of HH
r COMPt..ETJON: Vah,1nta,v tb\.n no
piwm•t will b• 1nu~
-1 ............ •-1-•'
Sep 19 03 07:39p p.4
cnc1osure (JJ)
J:J '"'""· t.n~,
.trfj,tln DOMrhn.·nl af !hat• Petic• Appendix P
."IRE MARSHAL 011/fSfOIII Order No. 9
June l985
Pl.AMIT
FOR FIREWORKS DISPLAY
This pernric Is nae crans(er;,ble. Potnui'111 of rhit: /Jellflit autharile.l f/'1111 herein nemefi peNOn ta 11-11.
117n,porr 4tlr/ dispfav fireworlu in th••mounrs. for thf! fRJf'l!J•"'"
of 11ttd ~, the plat:o IIB'led below ano/.
~RI.IC DISPI.AV 0 AGl'IICUI.TURAL PEST CONTROL
f,l.ffl'l9 af
Number ;,.ff4_yp.,.ofl~orkt
V A-0.lc\US CLli"r'i:~
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2003-79(g)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (X) PUBLIC DISPLAY ( ) AGRICULTlJRAL PEST CONIROL
ISSUED TO:
NAME Steven R. Franlclin, Summit Pyrotechnics
ADDRESS 3500 S. Getty, Muskegon, MI AGE
REPRESENTING
NA.\,ffi OF ORGANIZATION. GRO~'P. FIR.I,{ OR CORPORATION
Michigan Pyrotechnics Arts Guild
ADDRESS
NUMBER & TYPES OF FIREWORKS:
Club shoot - various sizes of 3" through 12" shells
DISPLAY: 538 E. Western Avenue (Fisherman's Landing)
EXACT LOCA T!ON
Muskegon, MI 10-11-03 (rain date 10-12-03) dark till 11:00 p.m.
CITY, VILLAGE. TO\lfNSHIP DATE TIME
BOND OR INSURANCE FILED: (X) YES () NO AMOUNT $1,000,000.00
ISSIIED BY
Issued by action of the ty[JJSKEGON CITY COMMISSION
of the CITY of ---"'Ml""'-'/S,,K,...E.,G..,O""NC!...__ _
(my, ~,u.a~c. u:,wiuhip)
on the _cc2.c.3.c.rd'-----
Mayor
(1•!1.rururc .rt po1mon of c,,,.,ne,I. comm,uian ot board ,eprc,~uuvc)
DATE: September 15, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-33-
775 Washington.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 775 Washington - Garage only, Area 12, 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: 03-33 - 775 Washington - Garage only.
Location and ownership: This structure is located on Washington between
Henry & Beidler in area 12, Nims Neighborhood. It is owned by Annette
Homoley.
Staff Correspondence: This garage was written as dangerous and
substandard on 5/19/03. A notice and order to repair or remove was issued
6/6/03. On 8/7/03 the HBA declared the structure.
Owner Contact: The owner was present at the HBA meeting in August and
stated she knows the garage needs to be removed and plans to do that herself.
As of 9/12/03 she has not applied for a demo permit or started the demolition.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $22,300
Estimated Cost of Repairs: $4,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003.
0
0
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816 790 784 776 768 756 730
2 w AS l-\it.J6m 1J
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.
. For The Inspection Department File#: 428953
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Annette Homoley
PROPERTY: 775 Washington
PARCEL NO: 24-205-412-0003-00
DESCRIPTION: Lot 3 Blk 412
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3317
PAGE: 35
DATE OF DEED: November 26, 2001
GRANTOR NAME & ADDRESS: Bank One, National Association
GRANTEE NAME & ADDRESS: Annette Homoley, 6082 Evanston,
Muskegon,MI49442
LIENS OR MORTGAGES: 3537/146
TODAY'S DATE: May 23, 2003
EFFECTIVE DATE: April 23, 2003 at 8:00 AM
Abstracted by: ~ Q ~
TRANSNATJ0TITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
t'l
.• LIBl 311PAGE035
STATE Of MICHIG.\N
c_ ;1!.l/S COUNTY OF ML&;f GON
RECEIVED FDA RECORD
..SI <jb. J '5 20m OEC -6 AH 9: 25
- / 7;;7 /Jo
$.L?~
REGISTER OF DEEDS .::,
COVENANT DEED
KNOW ALL MEN BY THESE PRESENTS: Thal Bank One, Notional association. as Trustee {ronnerly known as The Firsl National
Bank of Chicago, as Trustee), a Notional Association organized and exisling under 1he laws of the Uni1ed Slntes of America by its
At1omey-in-Fac1 Residential Funding Corporation. a corporation organized and exisling under the laws of the stale of Delaware and
whose address is 9275 Sky Park Cl., San Diego, CA 92123, covenants that it is seized of said land and has a right lo convey ii,
conveys 10:
Annette Homoley
the following described premises si1ua1ed in the City of Muskegon, Muskegon County and State of Michigan, to-wit:
Lot 3, Block 412, Revised Plat of the Cily or Muskegon, according to lhc recorded plal thereof, as recorded in Liber 3 of Plats, Page
71, Muskegon County Records.
More commonly known as: 775 Washinglon
for 1he full considera1ion of Nineteen Thousand Two Hundred Dollars and 00/100($19,200.00) subject to covenants. restrictions, and
casements of record and subjecl to such Hens and encumbrances as may have attached or accrued chrough Ilic acls or omissions of
persons other than the Grantor(s) and subject to the lien of taxes not yet due and payable.
The undersigned person c:<ecuting this deed on behalf of Granier represents and certifies that he or she is duly authorized to act for the
Gran tor and have been fully empowered, by proper resolution of the Board of Directors of Grantor. to execute and deliver this deed;
that Grantor has full corporate capacity to convey the real estate described herein: and that all necessary corporate action for the
making of such conveyance has been taken and done.
Dated this 2611, day of November, 2001
Witnesses: Bank One National Associa1ion. as Trustee (fonnerly known as The
First National Bank of Chicago, as Truslee} by its Attomcy-in-Fact
Residential Fundi;:otion i. . .,
By:&\M ~-~~,
SIWIMEL DA)!ISON-TYAU · · . ~
As its: (J'St,T I/ f"-
.1
STATE OF CALIFORNIA I SHARMEL OAWSON-TYAU
COUNTY OF SAN DIEGO J
1
The for.e~oing_ipsJ9.Jment was acknowledged before me this 26 h da)' of November. 2001 by · !he
tJ1'5ST V - of Residential Funding Corporation as the Allomey in Fae! for Bank One National Associa1ion, as Trustct:
(fonnerl)I known as The First National Bank of Chicago, as T te ) (
My commission expires:
OS) UI/I
r--
.
U1 VI
,-: ..., ru
Drafted by: Send subsequer.1 tax bills to: When recorded re1um to:
'° - ru .,
Po1cs1ivo & Associates, P.C. Annette Homolcy Annette Homoley
By: Rrian A. Potestivo 6D82 Evanston 6082 Evanston
36150 Dequindre, Ste. 620 Muskegon, Ml 49442 Muskegon, Ml 49442
Sterling Heigh1s, Ml 48310
Tax Parcel: 24-205-412-0003-00 Recording Fee _ _ _ __ Transfer Tax: _ _ _ _ __
·,.'""'"· """'' '\ e-- s -
;;ril)y Clftlr, llllt tMro lrl!I N U.: L,,11 iy
20 SL
VIJN hi.Id by Ill
- ,t Cl 1r.y lndt'l'ldulJ IOl~ll Vll wtthlll 11t1crlptlon, arwl 1ft
·1 r.ri Wlll ON ~ tr, IYt )'Wt l)l\'Yloul W Vie ddl If
j.,1a !nstrumerrt. u ~ptart by 1M rK«di i\ my oteoe.•
No 11\i' 0 1 .11-... ,4•'4:
v t \fflP> .._
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
775 Washington - Garage
(Address of Property)
TO: All owners and interested parties:
Annette Homoley, 6082 Evanston. Muskegon. Ml 49442
Owner
Muskegon County Treasurer. P.O. Box 177. Muskegon. Ml 49443
(Other interested parties)
On August 7. 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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
By 1(Y(xJ:_l./J /';
')J,~1 '
/ .. -,,fq_ •
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Annette Homoley, 6082 Evanston, Muskegon, Ml 49442
Owners Name & Address
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
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, August 7, 2003 does hereby order that the following
structure(s) located at 775 Washington (Garage), 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 IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD 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.
~:;:;_~ l!~.EALS
Robert B. Grabinski, Director of Inspections
0 IINSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISHDOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 775 Washington - Garage
TO: Annette Homoley, 775 Washington, Muskegon, Ml 49441
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, August 7, 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 issued 6/6/03.
At the hearing on Thursday, August 7, 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.
CIT)f"Of MUSKEGON INSPECTION DEPARTMENT,
ON BEH;>1-~~pi~)<Olhj_lN~-~0At~,OF APPEALS
By
J<O
/
,_ \/....J. M.cl:.- ~~.
Robert 6. Grabinski, Director of Inspections
0:IINSPECTI0NS\GRABINSKI_L0RRAINE\W0RD\HBA MEETINGS\STANDARD FORMS\N0TICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: June 6, 2003
Address of the Property: 775 WASINGTON - GARAGE
TO: Annette Homoley, 775 Washington, Muskegon, Ml 49441
[Name & Address of Owner]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(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 775 Washington
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
CITY OF MUS~~ INS~TION DEPARTM-ENT
,!gl±~Ji..~J-~.
Robert B. Grabinski, Director of Inspections
'
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
775 WASHINGTON - Garage
5119/03
Inspection noted:
1. Roof damage - severe - rafter investigation is required.
2. Rotted siding noted.
3. Structural lean noted.
4. Garage doors damaged.
5. Sill plate investigation is required.
6. No work may commence without obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITJON OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTJON
4-23 OF THE MUSKEGON CITY CODE.
(.:> ~ -~ -- d ___-)
HENRY FAI INOWSKI, BUILDING INSPECT DATE
O:\lnspections\Grab inski_ Lorraine\ Word\DA NG EROUS BU ILDING INSPECTION REPOR TS\775
Washington.doc
HBA Minutes 8/7/03
#03-33 - 775 Washington - Garage only - Annette Homoley, same address
Ms. Homoley was present to represent this case. She stated she knows the
garage needs to be removed and she intends to demolish it herself.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Nick Kroes made a motion, seconded by Clara Shepherd to accept staff's
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
D BUSINESS: None
Nick Kroes inquired about 71 W. Southern.
looks w e, maybe we need to re-light a fire under the owner. Bo
stated he ring it before commission on 8/26/03. Also, the etten
Chevrolet buil on Third Street is open and needs to be rded up.
ADJOURNMENT: 6:1
CITY OF MUSKEGON
AMERICAN DISABILITY ACT P CY FOR GESS TO OPEN MEETINGS OF
N AND ANY O COMMITTEES OR
SUBCOMMITTEES.
The City of Musk n will provide necessary reasonable auxill ids and
signers for the hearing impaired and audio tapes rinted
g considered at the meeting, upon twenty-four hours notice to the
City of skegon. Individuals with disabilities requiring auxiliary aids or services
contact the City of Muskegon by writing or calling the following.
8 of9
DATE: September 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#: 02-13 Address:
407Catherine
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
407 Catherine - Area 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: #02-13 - 407 Catherine, Area 11
Location and ownership: This structure is located on the corner of Catherine and
Wood in the Angell Neighborhood, area 11.
Staff Correspondence: This commercial building has been vacant and boarded
for more than one year and a dangerous building inspection report was written
4/4/02. On 7/11/02 the HBA tabled the case for 30 days to verify the current
owner, which was the State of Michigan. A notice and order to repair or remove
was issued 6/25/03 and the HBA declared the structure on 7/3/03.
Owner Contact: The previous owner had been in contact with Inspections to
verify she did not own it any longer.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $37,400
Estimated cost to repair: $8,000 plus additional costs to be determined during
interior inspection.
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, September 23, 2003.
O:\!nspect!ons\Grabinski _Lorraine\ WorJ\CC MEETINGS\ACiEN DA -407 Catherine.doc page 1 of I
I
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City of Muskegon Property Information Page I of I
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Property Information
I\Jew Property Search
Owners Name STATE OF MICHIGAN
Property Address 407 CATHERINE AVE
MUSKEGON MI 49442
Owners Address 430 WEST ALLEGAN FIRST FLOOR
LANSING MI 48922
Property Number 24-205-079-0006-00
Map Number 24-31-29-210-001
Class 704
Neighborhood COL
Legal Desc CITY OF MUSKEGON REVISED PLAT 1903 LOT 6 BLK 79
View Mailing Label
http://intranet/Database/BG/bgshow.cfo1?ID=3056 9/12/2003
For The Inspection Dept. 419618
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Josephine Leutscher
PROPERTY 407 Catherine
PLATE# 24-205-079-0006-00
DESCRIPTION Lot 6 Block 79
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 923
PAGE: 342
DATE OF DEED: June 2, 1969
GRANTOR NAME & ADDRESS: Farr View Dairy, Inc. 3130 Farr Rd.
Muskegon MI 49445
GRANTEE NAME & ADDRESS: McDonald Cooperative Dairy Company 609
Lewis St. Flint
LIENS OR MORTGAGES: 1653/794, 1653/795, 1823/905, 2149/299,
3153/966, 3296/221, 3268/104
TODAY'S DATE: April 16, 2002
EFFECTIVE DATE: March 20, 2002 at 8:00 AM
' Jc! \
ABSTRACTED BY: J) d?
V, ,_ t'l . I~ C' ' '"=::,
TRANSNATION TITLE INSURANCE COMP Y
The above information is to be used for reference purposes only and
not to be relied upon as evidence of the title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
I.let
J_
LIB[& 923 ,m342 •[,), •
' ' .,- I ,
. ;/::-v : .. • .-~,.,....,._A;:,
./_) I -7'-'f ,L - WARRANTY DEED
)Cu,i //.,(. /J
KNOW ALL HEN BY THESE PRESENTS; That FARll VIJnri DAIRY,
INC., a Michigan corporation, whose address i• 3130 Farr
Road, F~uitp0rt, Kichiqan, conveys and warrants to
McDONALD COOPERATIVE DAIRY COMPANY, a Michigan corporation,
whose street number anci. postoffice address is 609 Lew-ii
Street, Flint, Michigan, tlte follawing described preaise•
situated in the Township of Fruitport, county of Muskegon.
and state of Michigan, to-wit:
---The Northwest quarter of the Northeast quarter
of Section 26, and the E••t half oft.he Northeast
quarter of Section 26, Town g North, Jlang• 16 West;
together with nc,,., aba.nddned right-of-way foPMrly
known an the Muskegon Fieight line of the Pere
Marquette Railroad Systelil except the folloving;
commence at Northea•t corner of Section 26, thence
.. ...
... ,
South Jg rod&, then Weit to Pere Narqu~tte R.ailroad
right-of-w•y, thence Northwesterly along said right-
of-way to North line of Section, thence East along
said North line to place of beginnjngi al•o except
that part of the Nort.h half of th~ Northeaat quarter
of Section 26, Town 9 North, bnge 16 We • t, Fruit-
port Town • hip, which lie • between a line 200 feet
Northea • terly of, mea • ured at right angles, and
parallel to the survey centerline of Highway
US-16 and a line 100 feet Southve•terly of,
measured at right angl••• •nd parallel to the
survey reference line of the southbound Ro•dw•y
of Highway US-16,
The 1urvey reference line of Southbound Roadvay of
Highway US-16 i i described•• tollow•: C01aancing
on the La • t and West quarter line of Section 23,
Town 9 North, Ran9e 16 Weat, Fruitport Tovn • hip,
at• point which is South 99• 18' 02• Ea • t,
988.28 feet fro~ the We • t quarter corner of
aaid section 23; thenc~ Horth ~o• 40' 02• We • t,
600 feet to the point of beginning of thi• • urvey
reference line: thence South so• 40' 02• tut,
923.0l feet to the point of .a curve of 1, oo• lS'
curve to the right; thence &long arc of • aid curve,
351.00 feet to the point of tangenti thence south
49• 47' 23" Eaat, 4518.13 feet to the point of
curve of a oo• 15' curve to the left: thence &long
arc of said curve 816.00 feet to the point of
tangent: thence South s1• 49 1 47• E••t, 1000 feet
to a poiot of ending. •1·he • urvey centerline of
Highway US-16 i• de • cribed •• follow •, Coaiaencing
in the Ea&t and Weat quarter line of Section 23,
,
r:;: .; . ., (l ~\ :d Yt t,)
Y~;-··-
,......._.~•.•~:_..:..~. ,t.t!..l..··,-.... ................ ___ ..__
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,,''"................ P"'._ ......... - -;:·-••...
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_: ~ C..T-
5
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
407 Catherine
(Address of Property)
TO: All owners and interested parties:
State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-4948
Owner
None
(Other interested parties)
On July 3, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
jF A..p..PE1.LS
,/M~Mc('.,'. -fk·
FOR T ~ . · USING BOARD.
By \
Robert B. Qrabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGOOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: July 9, 2003
To: State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-4948
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, July 3, 2003 does hereby order that the following
structure(s) located at 407 Catherine, 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.
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD 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\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
Inspections Services
Department
Memo
To: State of MI/DNR Real Estate Div.
From: Robert Grabinski Director of Inspection Services
Date: June 25, 2003
Re: 407 Catherine
On June 20, 2003 a notice of hearing was issued to you regarding the above
property. It has come to the attention of this office that you were not sent previous
notices because of a change of ownership.
Attached, you will find all previous notices. If you have any questions regarding this,
please call 231-724-6715.
• Page 1
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE June 25, 2003
Address of the Property: 407 Catherine
TO: State of Ml, DNR Real Estate Div, P.O. Box 30448, Lansing, Ml 48909-7948
[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 407 Catherine,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
Robe· B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: June 20, 2003
Address of the Property: 407 Catherine
TO: State of Michigan, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-
7948
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 3, 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 Remove dated 7/18/02.
At the hearing on Thursday, July 3, 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,
OF, T);:J.E..HOj~IJ~.• B~r:.D OF APPEALS
By io1x:/:_
Ol>rnEHfLf
1/5. ).J\z:"-. "-,-~,__
Robef8. Grabinski, Director of Inspections
0:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARINGOOC
Affirmative Attion
Bt/724--6703
FAX/722-1214
Assusor
231/724-6708
FAX/726-5181
Cemelery
231/724--6783
FAX/726-5617
CM.I Service
2311724-6716
FAX/7244405
July 18, 2002
Clerk
231/724-6705
FAX/724--4178
Comm. & Neigh.
Services State of Michigan
231/724--6717 Dept. of Natural Resources, Real Estate Div.
FAX/726-2501
P 0. Box 30448
Engineering
23In24--6707
Lansing, Ml 48909-7948
FAX1727-6904
Finance Re: 407 Catherine
231n24-6713
FAX/724-6768
To Whom It May Concern:
Fire Dept.
231/724-6792
FAX/724-6985 The enclosed notices are regarding a property in Muskegon, Michigan that is
Income Tu: owned by the state. The notices originally went to the previous owner by
231/724-6770 mistake.
FAX/724-6768
Info. Systems
2Jln24-6744
This structure is on our dangerous building list and the case was brought before
FAX/722-4301 the Housing Board of Appeals on July 11, 2002. Usually, at this meeting it is
Leisure Service determined by the board whether the structure can be repaired or needs to be
231/724-6704 demolished. It was at this meeting that this office was informed we had not
FAX/724-1196
notified the correct owner, so the case was tabled for 30 days.
Manager's Office
231/724-6724
FAX/722-1214 I am enclosing the exterior inspection report, a picture of the building, and the
Mayor's Office
portion of the title search that shows current ownership. Please notify this office
231/724-6701 either by telephone or in writing of your intentions on this structure.
FAX/722-1214
ln5pectlon Services If you have any questions, please call (231) 724-6715.
231/724--6715
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Polke Dept.
231/724-6750
FAX/722-5140
Public Work!
231/724--4I00
FAX/722-4188
RBG/lg
Treasurer
231/724-6720 )Pus1n1ark
FAX/724-6768 /' Hore
Waler Billing Dept, /
231/724-6718
FAX/724-6768
Waler Filtration
131/724--4106
FAX/755-5290
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO TABLE THIS CASE 30 DAYS
Date of Order: July 16, 2002
Address of the property: 407 Catherine
To: Josephine Leutscher, 906 Kampenga, Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
CASETABLEDFOR30DAYS
The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled for 30 days to verify the current owner. We will drop your name
from this case and notify the state and county with further notices.
If you have any questions, please call the Inspection Department at 231-724-6715.
CITY OF MUSKEGON
~ N G BOARD OF APPEALS
Jall_?i~-
l _ _ _ _ _ _ _ _ _ __
By__,--,
Robert B.Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: July I, 2002
Address of the Property: 407 Catherine
TO: Josephine Leutscher, 906 Kampenga, Muskegon, MI 49442
[Name & Address of Owner)
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, July 11, 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 hef!rjpg 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 intentions for repairing this structure.
At the hearing on Thursday, July 11, 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.
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: April 15, 2002
Address of Prope1ty:
TO: Josephine Leutscher, 906 Kampenga Ave, Muskegon, MI 49442
[Name & Address of Owner]
None
(Interested Parties)
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 Thursday, May 16, 2002 at
2:00 P.M. Failure to appear and allow the inspection will result in this office seeking
a search wmTant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Ro ert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
407 CA TI\f?--1 Ne
4/4/02
Inspection noted:
I. Structural cracks on buildings, exterior walls will need a designed professional
repair. Missing bricks in walls. Parapet caps loose & missing.
2. Roof investigation needed: Missing and rotted fascia.
3. Unprotected wood doors - frames are rotting: deteriorated garage doors.
4. Graffiti constantly on building.
5. Open exhaust openings, deteriorating the exhaust frames.
6. Building is boarded - no uniform pain or siding on exterior.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITJON OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
FAL INOWSKI, BUILDING INSPECTOR
F :\lnspections\Grabinski_ Lorraine\ W ord\DANG ERO US BUILDING INSPECTION REPOR TS\407
V./ood.doc
HBA Minutes 7/02
NAYES: EXCUSED: ABSENT:
John Warner
DANGEROUS BUILDING NEW CASES:
#02-013 - 407 Catherine - Josephine Leutscher, 906 Kampenga, Muskegon
Lori O'Nealas was present to represent this case. Her mother is Josephine
Leutscher. She was not aware that her mother had anything to do with this
building anymore. Mr. Grabinski gave a history of this case. It is a commercial
building and we have had some neighbor complaints. An exterior inspection was
conducted, but as Ms. Leutscher sold it, she has no key to get in. Randy Mackie
stated the property has now gone back to the state.
Staff Recommendation: Table the case for a minimum of 30 days and notify the
correct owners. We will drop Josephine Leutscher's name off this case.
Motion made by Jerry Bever, supported by Nick Kroes to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT
Greg Borgman
Randy Mackie John Warner
Jerry Bever
Jon Rolewicz
Nick Kroes
Clara Shepherd
The motion carried.
7 of 10
DATE: September 15, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert Grabinski, Director Inspections
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:03-07 Address: 2037
Kinsey.
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
2037 Kinsey - 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: 03-07, 2037 Kinsey~·
Location and ownership: This structure is located on Kinsey between Hudson &
Crowley and is now owned by a David Medendorp.
Staff Correspondence: This structure was brought to the attention of the
Inspection Department from the MPD on 2/6/03. The inspection report was
written on that date and a notice and order to repair or remove was issued
3/5/03. The previous owners, Harry & Kathy Jourden, let the property go back to
Dean Pranger of Texas, and he sold the structure to David Medendorp. An
electrical permit was issued on 9/9/03.
Owner Contact: During the week of 9/8/03 the Director of Inspections noted
painting being done and spoke with David Medendorp. He was told any other
work to be completed must be done under a permit, including the electrical work
which was already done.
Financial Impact: The cost of demolition will be paid with General Funds.
Budget action required: None
State Equalized value: $16,400
Estimated cost to repair: $5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
O:llnspcctions\Grabinski_Lorrainc\ v.:ord\CC MEFflNGS\AGENDA 2037 Kinsc) .doc page I of2
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For The Inspection Department File#: 424919
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Harry/Kathy Jourden
PROPERTY: 2037 Kinsey
PARCEL NO: 24-665-000-0246-00
DESCRIPTION: Orchard Grove Addition Lot 246
FROM RECORDS OF TRANSNATION TITLE
UBER: 1974
PAGE: 6
DATE OF DEED: March 31, 1997
GRANTOR NAME & ADDRESS: Dean Alan Pranger and Isabel G. Pranger,
husband and wife, 2037 Kinsey St., Muskegon, MI 49441
GRANTEE NAME & ADDRESS: Dean Alan Pranger and Isabel G. Pranger,
husband and wife, 2037 Kinsey St., Muskegon, MI 49441
LIENS OR MORTGAGES: 3021/406
TODAY'S DATE: February 20, 2003
EFFECTIVE DATE: January 22, 2003 at 8:00 AM
Abstracted by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TRANSNATION TITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
1597 /\PR IO PM \2: 43
QUIT-CLAIM DBBD
Dated this day of:
This Indenture, MARCH 31, 1997
KN'OW ALL MEN BY THESE PRESENTS THAT1
PEAN ALAN PRANGER AND ISABEL 0. PRANOBR, lWSBAND AKD WIPE
2037 KINSEY ST,
MUSKEGON, Ml 49441
Conrey(n) and Quit~CJalm(!i) To:
DEAN ALAN PRANGER AND ISABEL 0. PRANGER, HUSBAND AND WIFE
2037 KINSEY ST,
MUSKEGON, Ml 49441
for the sum or
THIS INSTRUMENT IS EXEMPT PROM COUNTY TRANSFER TAX'PURSUAN'f'fO MCL207.505 (!).THIS
INSTRUM]!NT JS EXEMPT FROM STATE TRANSFER TAX PURSUANT TO MCL207,.S26(i),
the roUowing dll!lcribcd premises situated In
THE CITY OP MUSKEGON, COUNTY OP MUSKEGON AND STATE OF MICHIGAN TO WIT:
LOTS 246 AND 241 ORCHARD GROVE ADDlTION TO TllB CITY OP MUSKEGON, AS RECORDED IN
LIBBR 6 OF PLATS ON PAGE 40, MUSKEGON COUNTY RBCORDS,
P.P. 061-30-36·271-020 (17356-247) [LOT 241]
P.P, #61,30-36-271·019 (17356-246) [LOT 246]
SUBJECT TO BASBMBNTS1 RBSBRVATIONS, RESTRICTIONS AND LIMITATIONS OF RECORD, IP ANY.
Witnessei:: Signed and Sealed
STATE OF MICHIGAN COUNTY OF KENT
The foregolng instrument wns acknowledged be.fore me.
ON MARCH 31, 1997 BY DEAN ALAN PRANGER AND ILLEGIBILIT'<
ISABEL 0. PRANGER, HUSBAND AND WIFE
DUE JO POOR ORIGINAL
PREPARED BY:
DEAN ALAN f'RANOER
2031 KINSEY ST.
MUSKEGON, MI 49441
Da!Je Organek /
NOTARY PUBLIC -'~-fl-·~ COU?\"'I)\
ASSISTED 811: .MY C01'll\DSSIO." E.\1>JRES;
THB TITLE OFFICB, me. Wm:N RECORDED IU,rt.!RN 'l'Q
3655 LAKE EASTBROOK, SE
GRAND RAPJDS, MICHIOAN 49546
( ,.. MMllN(Hlt
L-_ ...,.
. -· '----~~-,_,.,,...,_..,,,~•---.,.~ ....,.,~,-.,-,.;,~,.• -- .
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
2037 Kinsey
(Address of Property)
TO: All owners and interested parties:
David Medendorp, 1718 Beach St., Muskegon, Ml 49441
Owner
Dean Pranger, 19022 Armington Dr, El Paso, TX 79928
(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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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 .
. . Grabinski, Director of Inspections
O\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING DOC
ELECTRICAL PERMIT APPLICATION
City of Muskegon
933Terrace St. P.O. Box 536 Perm/I I
Muskegon, Ml 49443-0536
I JOB LOCATION
(23 1)724-6758
l./'y- ,P. ~ '- C. 0- q..). 3. "),j
Job Add,es,':J ( ) ,,.Sl 1-<i n 5-," C
Has a buildrf pe,mrt
YES NO
ben issued for this project?
NOT REQUIRED n
N,
1101 O,,,,,er,A~.~
(J, \ . (1
(h.J O
! / ._(' ' ·-1·"\ ,,),(- b
Ov.,ier Address
11. CONTRACTOR /HOMEOWNER INFORMATION
rm~ntrac1or
omeov.11er
INa1:) .,/.J f C.1'/t..i:-:-cct {'-fJ C,11'\c..f
.
License Number Exp1ra11011 ;)ate
Address(Street & Name) I City
State Zip Code
Telephone Number
( I IFederal employer ID Number (or reason tor uemption)
Workers Compensation Insurance Carrier (01 reason for exemption}
MESC Employer Number (or reasonfortkemp!ion)
Contnctor i.nfomuLlon rcg1slercd ..,,.jth th~ Cit) onJuskc8on
\'ES D ~o D
Ill. TYPE OF JOB •
Class of 'NOrk (check all Iha! 2£PIY}
NEW BUILDING LJ ADD/TlON D ALTERATION .'µ) REPAIR 0
RESIDENTIAL COMMERCIAL D INDUSTRIAL D OTHER 0
Oescri_lJ.l!,on of 'MHX
K-t ,pc,(_.,\,.1.,.:.1-- -
IV. FEE SCHEDULE - Enter the number of items beinn installed. Multiply by the un~ price for lhe t.~o'.!!ta!!l~fec:•:.c·~--~.----
FEE #ITEMS TOTAL FEE •ITEMS TOTAL
Bue Ftt (!\'on-refundable} S35.00 35.= KVA & HP nch up to lO $9.00
Servire,Su bpa.nel, change or $15.00 l..:\'A & HP each 21 lo 50 Sl5.00
..,,nel thru :lOO am.._
O\·er .WO amp thru 600 amp S20.00 KV.<\ & HP uch 21 to SO SJ8.00
Over 600 amp thru 800 amp ·s2J.oo Fire alarm up lo 10 dtvicrs $75.00
°'"tr 800 amp lhru 1200 amp S30.00 Fire alarm 1 J lo 20 devicrs 100.00
Onr 1200 Amp GFI Only S50.00 ,..irt alarm over lO devices ea. SB.00
Energy/ Temperacure
Circui1s c.ach $5.00 S45.00
Conlroh
Lighting Fi11urn per 25 S9.00 Conduir or grounding only $45.00
lnsptdions Re-inspections or
Dishwasher $8.00 $35.00
fuul
Electrical }In.ling (b1U"boards) SB.00 Inspt-ctions Speci,tl'Safcty $50.00
Furnace (unit hHtus) S8.00 Inspections Hourly Jute $50.00
Power oullc11 (inc. ran gt- & Meler insptc1ion lo 1urn on
$10.00 J;25.00
dn·ers 1 no,.,r
Signs (uniis) Plan Review FN' 25'!,o
Signs (Jelle,-) 01h,r
Signs (;'tron - Each ~5 0)
Ik]', ,--~- .,, w ,,~"'"'
.~09o :;,.~\ .,..
TOTAL FEES
~fobilthomrpark site
!~~~ 1. tS8~0P:--;
Recnalion aJ vehiclr par I,:
·,'fu ~ \~O"p~I.: {-"'
~'&.. .~
--.
•1
LD;_i_,;.c/\'-E\-r,,_·E_o_s_l_·_J1_·_'J'J_'R_o_,_·E_D_F_o_R_t_ss_L_'E_ll_l_·_______ I
V. HOMEOWNER AFr T ', . ,,-.,.,
=,,,, ,u All
I hearb} ccrtif:,· the electrical \loOri; it app!icition ,lull be irut..11\ed by myself in my own home which lam living or im abool lO occupy.
work shalt bci.mt.tllcd in accordance with lhe clcctr1cal code and 5hal! no1 be cnclo!cd. CO\"Cf"Cd up, or put into operation unlit ii hu bc,;n irupcctcd and 1ppro\cd
lir Lhc Electmal IMpector. I wiU coop~le \lo ith the clcctncal inspector-and a.,,umc re:sporuibifity to arunee all necc,sU)· impccl.ion1.
VL APPLICANT SIGNATURE
Stction .2Ja oflhe slale ,·,,11,1r11,·11"n ,· 11 d1· act ofl9':'l. 197:2 PA 130, MCL 1.25.152.Ja. prohibits a penon from con1p1riog lo circum,·rnl the licensing
rpquirtmtnll of I his slalt refacing lo pers-ons -..ho a.re to perform work on I rrsidcntial building or a residcnlial !lructure. \'iolalor, offf'C110n :la arr
subjrcted to ci\ ii lines."
Sign~ture of Licensee or Homeo\loner(Homcownrr o, ..
si@naLu~ mdi~~lC5 compli.tncc with Sect.ion\') \...Cl
E3·02
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: June 6, 2003
To: Harry & Kathy Jourden, 2037 Kinsey, Muskegon, Ml 49441
Owners Name & Address
Dean Pranger, 19022 El Paso, TX 79928
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 2037 Kinsey, 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\WORD\HBA MEETINGS\STANDARD 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.
Roberft B. Grabinski, Director of Inspections
O:\INSPECTI0NS\GRABINSKI_L0RRAINE\WOR0\HBA MEETINGSISTAN0AR0 F0RMS\0R0ER TO 0EM0LISHO0C
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: May 22, 2003
Address of the Property: 2037 Kinsey
TO: Harry & Kathy Jourden, 2037 Kinsey, Muskegon, Ml 49441
[Name & Address of Owner]
Dean Pranger. 19022 El Paso, TX 79928
[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 3/5/03.
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,
ON ~ F ?F TH~OUSING BOARD OF APPEALS
By ,/,:1._ f V< . . 1. ,
Robert B. Grabinski, Director oflnspec 1oils
0 \INSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING DOC
Affirmative Ac!lon
23 J/724-6703
FAX/722-1214
Assessor
231/724-6708
fAX/726-S181
Cemetery
231 /724-6783
FAX/726-5617
Ch·II Sen·lce
231/724-6716
FAX1724-4405 \\rsl Michigan's Shor,·llne Cily
Clerk
231/724-6705
FAX/724-4178
March 10, 2003
Comm. & Neigh,
Sen·kcs
231/724-6717 Harry & Kathy Jourden
FAX/726-2501 2037 Kinsey
Engineering Muskegon, Ml 49441
231/724-6707
FAX/727..(i904
Re: Unsafe Living Conditions
Finance
2Jl/724-671J
FAX/724..(i768 Dear Mr. And Mrs. Jourden:
Fire Dept.
2)1/724-6792 Your residence was recently inspected and found to have several violations that
FAX/724-6985
pose a serious life safety issue. At the time of the inspection you were informed
Income Tax
2)1/724-6770
that no one would be able to stay in the structure. In an effort to assist with
FAX/724-6768 repairs, this office agreed to leave the utilities in place. It has come to our
Info, Syslems attention that some, if not all, of the occupants have been staying in the structure.
231/724-6744 Again, this places those persons in extreme danger.
FAX1722-4301
Leisure Service
2)1/724-6704
With the above knowledge, this office is forced to take the following action. You
FAX/724-1196 must obtain a permit and complete the repairs for items 2, 3, 4, 5, 6, 8, 9, 10, 11,
Manager's Office and 12, of the attached list, within 48 hours of this notice. Failure to comply will
231/724-6724 result in this office taking the necessary steps to terminate all utilities.
FAX/722-1214
Mayor's Office Sincerely
i'
1
231/724-6701 ~
FAX/722-1214 ,ff• i' l £ _ . _
-b ~ -
In,pectlon Smlm,
231/724-6715
'J
.\Q ' ,
120 01
FAX/ ·" R bert B. Grabinski
Planning/Zoning Director of Inspections
2) I /724-6702
FAX/724-6790
Police Depl,
Cc: Sue Johnson, Protective Services
231/724-6750
FAX/722-5140
RBG/lg
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724..(i768
Waler Filtration
2J J/724-4106
FAX/755-5290
City of l\luskcgon, 9.13 Terrace Stred, P.O. Rox 536. l\luskcgon, l\11 49443-0536
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: March 5, 2003
Address of the Property: 2037 Kinsey
TO: Harry & Kathy Jourden, 2037 Kinsey. Muskegon, Ml 49441
[Name & Address of Owner]
Dean Pranger. 19022 El Paso, TX 79928
(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 2037 Kinsey. Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
CITY OF M~±~~~T
"
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
2037 Kinsey
2/6/03
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. Water heater in unsafe condition.
3. Wall furnace installed in contact with combustibles.
4. Furnace exhaust duct rusting out.
5. Chimney needs to have a liner installed.
6. Bathroom plumbing in disrepair.
7. Bedroom on front porch has no egress window, no smoke detector and blocked
exiting due to large amounts of debris.
,8: Use of numerous extension cords.
9. Open junction electrical box in attic.
l:(:f. Open electrical switch and box in closet stuffed with homeowners contents.
11. Blocked access to service panel in closet.
)✓:2".' No working smoke detectors in home.
13. Repair/replace all damaged siding.
14. Floor repair in bathroom floor is severely sloped. Check joists, bearing.
)-5'.' Garage structure needs to be inspected. Must remove large amounts of debris for
investigation. No access available on this date.
y< Remove all debris out of yard.
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.
) -e,,.-oJ
HENRYF TINOWSKI, BUILDING INSP CTOR DATE
O:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\2037
Kinsey.doc
Inci'dent Reoort MUSKEGON POLICE DEPARTMENT 2003- 003598 - I
Incident No Date & Time Rept Otfense: 89004
2003-003598-I I 02/20/2003 17:56 WARRANTS
Occurred From: Occurre-d Until: Incident Location
02/20/2003 17:56 I 02/20/2003 18:54 2037 KINSEY ST
Current Disp Disposed To Municipality District
CLOSED I CLOSED LORD MUSKEGON 115
D1spos1t1on Date Juveniles Only? TTY Sent? Cance .. led? TTY numoer
I 02/20/2003 NO NO I I
Photos? Consent? Affiaavit? Optional Date/Time
NO I NO NO I I 00,00
Officer Assigned Investigating Officer
10557 HEPWORTH, SCOTT JASON
N Copy to inspections for information. Lt. Lord
0 ______________
T [02/20/2003] - - - [17:56] -------------=
E CMP MOTHER KATHERINE JOURDEN 47YO W/F THERE TEARING UP THE
s HOUSE ... ACTING ODD ANGRY ABOUT HUSB BEING IN JAIL ... ANOTHER
FEM THERE ALSO ... NO FIGHT ...
I ______________ _ _____________
(02/20/2003] - - - [17:56]
THE CMP IS THE DAUGHTER BLVS THE MOTHER IS UPSET WITH
FATHER BEING IN JAIL STATES THAT MOTHER IS ON MEDICATIONS
THE OTHER FEM THAT IS WITH HER IS SUPPOSED TO BE HELPING
HER
______________ (02/20/2003] - - - [18:28] -----=--------
FIRE 95 CAN DISREGARD, FOUND 10-99 ON SUBJECT
=-=-=-=-=-=-=- [02/20/2003] - - - [18:37] -----=-------=
I CONVEY OCCURED 02/20/03 @ 18:37:10 TO: COUNTY
______________ _ _____________
(02/20/2003] - - - [18:44]
ARRIVED ON CONVEY TO COUNTY
______________ - - - [18:44]
______________
(02/20/2003]
ARRIVED ON CONVEY TO COUNTY
______________ - - - (18 :52] ______________
(02/20/2003]
STATUS CHECK BY ss
=--=-=-=-=-=-=- [02/20/2003] - - - [18:52] -=-=-=-=-=-=-=
STILL ON IT
NAME: JEANETTE MARSHALL
ADDR: SPRING LK
OFFENSE: CWB Check Wellbeing
=CAD TIMES: 17:56;18:01;18:07;18:54;
'
I
rpt - revt.c 1.41 Date Printed: 02/20/2003 Page 1
Continued MUSKEGON POLICE DEPARTMENT 2003-003598-I
Incident No Date & Time Rept Ottense: 89004
2003-003598-I I 02/20/2003 17:56 I WARRANTS
Name/A<1<1ress/Phone Description
p JOURDEN, KATHERINE SUE Born 06/11/1955 FEMALE
E 2037 KINSEY Hgt. 5' 8" WHITE
R MUSKEGON MI 49441 Wgt. 253 NON-HISP
I s ( 231) 759-2371 ( 231) 215-1082 Hair BRO Eves BLU
I n
VARREST 8 9004 WARRANTS
N I 02;20;2003 l
1
Descriotion/Name/Comments IMa~e7MoaeT7Statl Serial No. /Qtv/Value
NO PROPERTY
Status/Plate Tvoe/VIN I Rea/EvirltValue1 Description
NO VEHICLES
Cateqorv I Descrintion
NO M.O. INFORMATION
I
'
I
I
I
I i
'
I I Page 2
rpt revt.c 1.41 Date Printed: 02/20/2003
Continued MUSKEGON POLICE DEPARTMENT 2003-003598-I
- Incident No
2003-003598-I
I Date & Time Rept
02/20/2003 17:56
1 OTfense: 89004
WARRANTS
N TAKEN FROM WORDPERFECT DOCUMENT 2003003598.001
A DISPATCH INFO:
R
R Officer VELIK and I were dispatched to 2037 Kinsey on a check well
A being. The mother of the complainant was in a house that was
T condemned tearing it up. The mother was upset because her husband
I was in jail.
V
E CONTACT WITH RESIDENT:
When I arrived, I made contact with KATHERINE JOURDEN (Arrest/TX:
759-2371). JOURDEN said that she was upset and threw a lamp.
JOURDEN said that she was not suicidal. JOURDEN advised me that
she was only su~posed to be in the house during business hours.
JOURDEN let me in to look at the house. The house was messy, but
it did not appear to be damaged.
OFFICER'S ACTIONS:
There was a white and orange notice from the MFD and Muskegon
Inspections, respectively, stating that the structure was not to be
occupied.
I ran JOURDEN on LEIN. LEIN showed JOURDEN to have a confirmed and
valid warrant out of RPPD for FTA on a misdemeanor traffic
violation. JOURDEN told me that her daughter just paid $200 on
that. JOURDEN said that her daughter put the receipt on her desk.
JOURDEN briefly looked for it, but she said she could not find it.
JOURDEN was allowed to lock up the house. I placed JOURDEN in hand
cuffs (double locked and checked for tightness). JOURDEN pockets
were searched in front of my cruiser's camera (nothing found).
JOURDEN was transported to MCJ and lodged on the valid warrant
without incident.
STATUS:
Please refer this report to MFD and inspections for informational
purposes.
Closed.
Officer S. HEPWORTH# 42
rpt revt.c 1.41 Date Printed: 02/20/2003 Page 3
HBA Minutes 6/5/03
Recommendation: Declare this building substandard, a public n · nee,
__,_,,erous building and forward to city commission for their
A roll call vote was taken:
AYES: ABSENT:
John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Case #03-07 - 2037 Kinsey - Harry & Katherine Jourden
There was no one present to represent this case. Mr. Grabinski gave a history of
the case, which began with a Police Department investigation.
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 Clara Shepherd 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 #03-02 - Flaska
4 of 8
'
toY',
CITY OF MUSKEGON
INSPECTION DEPARTMENT
(231)724-6715 . \ a .,,","'--
___
INSP~SHEET For _ __:._,,_,_,,...,_.,"'-~.1.:..-~_..:..c;,:.·1'-A.=,.J,!__/ _ _ _ _ _ __
,
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___
Electrical ••-----
Mech nlcal
0 Undot170<.<ld
•, ___
Plumbing
O Undot170<.<ld
• Zoning
D Rougll In O Rough In O Aoogt, In O Rough In
• Fln~ •- OFl~ □~~
•--- •--- •--- •---
DATE: September 15, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-29
435 Amity.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 435 Amity - Area 11. Is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 03-29 - 435 Amity, Area 11.
Location and ownership: This structure is located on Amity between Wood and
Williams and is owned by Deutsche Bank in Texas. It is in the Angell
Neighborhood.
Staff Correspondence: This property was written as dangerous/substandard
after being boarded since September 2001. A notice and order to repair or
remove was issued 7/7/03 and on 8/7/03 the HBA declared the structure.
Owner Contact: Matrix Management has called and requested all reports and
to be added as an interested party.
Gerald Singer, who owns other rental properties in the city, was in the office
9/10/03 and stated he is purchasing the property.
SEV: $18,100
Financial Impact: CDBG.
Budget Action Required: None
Estimated Cost of Repairs: $4,000 plus additional amount for interior items
once inspected.
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003
391
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For The Inspection Department File#: 428792
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: James Noble
PROPERTY: 435 Amity
PARCEL NO: 24-205-055-0004-00
DESCRIPTION: Revised Plat of 1903 Lot 4 also E 1.5 ft Lot 5 Blk 55
FROM RECORDS OF TRANSNATION TITLE
LIBER: 2010
PAGE: 886
DATE OF DEED: July 31, 1997
GRANTOR NAME & ADDRESS: Dorothy Ann Jenkins fka Dorothy Noble,
912 Allen Ave., Muskegon, MI 49442
GRANTEE NAME & ADDRESS: James Noble, 435 Amity Ave., Muskegon
MI49442
LIENS OR MORTGAGES: 3054/199
TODAY'S DATE: May 16, 2003
EFFECTIVE DATE(April 21, 2003 at 8:00 AM
Abstracted by:
T
JllUiici f]l/f1 /[;_Q{
SNATION TITLE INSURANCE COMPANY
The above infonnation is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
1,ro2010mE886
[?7 /'!:, ! 2 /: 25
..
... ~- ~ ...,,_._-.:,
QUIT CLAIM DEED
STATl/l'ORY FORM
FOR INl)IVIDl/ALS
---· ---------------------------------
KNOW ALL MEN RY TIIF.SE PRESENTS: That DOROTHY ANN JENKINS fik/a DOROTHY NOBLE,
whose street number and postofficc address is 912 Allen Avenue, Muskegon. Michigan. 49442
QIIIT Cl.AIMS to JAMES Nlllll.E, a single man, whose address is 435 Amity Avenue, Muskegon, Michigan,
49442,
The following d~crihed premises siluatcd in the City of Muskegon, l'ounty of Muskegon and State ..a.l.
Michigan. 10-wi1·
l.ol Fnur (4) aml the East 1. 5 foci or Lot Five ( 5 ), H!ock Fifty Five ( 55 ), Revised Pia! of the City
or Muskcgon. as recorded in 1.ihcr .1 of Plats, Pagl~ 71, Muskegon ( 'nimty Records.
This dcl!d i:- exempt from n:al estate transfer tax pursuant to MCI.A 207.505(a),
MSA 7.4.'i6(.'i)(a)c an<l MCL 207.52(,(a), MSA 7.456(26)(a).
for the sum of lcssthan One llundrcd ($ I00.00) Dollars.
1
Dated this.Jt· day ni'.luly, 1447
Signed anti Scah:<l:
,,
! /4 ; ' /
c,r~Jl/,:·/1)/ ·.,~;//{{/{ (LS.)
Dorothy ,Ani\:lcnkins fY ·/a Dorothy Noble
,
, ·, zd _ _ _ _ _ _ _ _ _ _ _ _(I..S)
1.isa Hilliard
ST1\ n: OI· .\11C'lll(i:\\"
,) .If
The forcgoin!,! instrument v.as adnowlcdgcd hcf(lre me this '!d_/ ··- clay of July. }1)97. hy Dtitnthy Ann Jenkins lll./a Dorothy Jenkins
f:~_i!clr,; 1d .
,._,~ Hilliard. Nutan· Public
Muslscgon ('ounty. Michigan
My Commission bpircs S-X-00
Ridmrd ('.i1alim1
Allorney at Law
i-...nhm & Nolan. 11 C
40 Concmd Avenue
\.1uskegon. Michigan; 4Q442
Aller rcc11rding tl'turn In Richard Catalino Send suhscqut'nl tax bills to James Nohle
435 Amity Avenue
Muskegon, Ml 49442
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
435 Amity
(Address of Property)
TO: All owners and interested parties:
Deutsche Bank, 4708 Mercantile Dr. N, Fort Worth, TX 76137
Owner
Matrix Management, 700 1ylh St. Suite 100 LL, Denver, CO 80202
(Other interested parties)
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
Chase Bank, 1111 Fannin-1ih Floor, Houston, TX 77002
On August 7, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
FOR,~--tpUf IN;° BOARD OF APPEALS
By
\ mJ:_vj )J,r},
.
.' J.7,
.,
1
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Matrix Management, 700 1ih Street Suite 100 LL, Denver, CO 80202
Owners Name & Address
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
Names & Addresses of Other Interested Parties
Chase Bank 1111 Fannin-1ih Floor Houston TX 77002
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, August 7, 2003 does hereby order that the following
structure(s) located at 435 Amity, 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.
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHDOC
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.
Robeh B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 435 Amity
TO: Matrix Management, 700 1?'h Street, Suite 100 LL, Denver, CO 80202
[Name & Address of Owner]
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
[Names & Addresses of Other Interested Parties]
Chase Bank, 1111 Fannin-1ih Floor, Houston, TX 77002
Please take notice that on Thursday, August 7, 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 remove issued 7/7 /03.
At the hearing on Thursday, August 7, 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.
CIT~.-
F-~~t,~EJ'uO~~~~CT_•.10.N -~E- PARTMENT,
ON ~E~~Wti~~!~AJ~.OF APPEALS
By 1u
Robert §. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: July 7, 2003
Address of the Property: 435 Amity
TO: James Noble, 447 Marshall St. Muskegon, Ml 49442-1230
[Name & Address of Owner]
Hamilton Mortgage, 3200 North Central Ave. Suite 1260, Phoenix, AZ 85012
(Interested Parties)
Chase Bank, 1111 Fannin-12 th Floor, Houston, TX 77002
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 435 Amity,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE OF INTERIOR INSPECTION
DATE: May 28, 2003
Address of Property: 435 AMITY
TO: James Noble. 447 Marshall St. Muskegon. Ml 49442
[Name & Address of Owner]
Hamilton Mortgage. 3200 North Central Ave. Suite 1260. Phoenix. AZ 85012
(Interested Parties)
Chase Bank. 1111 Fannin-1ih Floor. Houston. TX 77002
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 Tuesday, .June 10, 2003 at
1:30 P.M. Failure to appear and allow the inspection will result in this office seeking
a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
~I
1~cL~ ll. ~.1. c -~ ·
Robe1i B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
435 AMITY
5115/03
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. Front porch column are structurally damaged - replace.
3. Front porch steps are insecure - wrong rise and run.
4. Porch ceiling is rotting.
5. Open electrical box on front porch.
6. Missing siding.
7. Broken out windows - repair or replace.
8. Tuck point blocks.
9. No work may commence without obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
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.
DATE
\\M uskdata\Data\I nspect ions\Grabi nski _ Lorraine\ Word\DANGEROUS BU I LDING INSPECTION
REPORTS\435 Amity.doc
HBA Minutes 8/7/03
#03-29 - 435 Amity - Matrix Management, 700 1?1h Street, Suite 100 LL,
Denver, CO 80202
No one was present to represent this case. Bob Grabinski gave a history of the
case and stated Barb Delello has listed the house to sell as is.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Jon Rolewicz made a motion, which was seconded by Randy Mackie to accept
staff's recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
02-90 -1345 Fifth - Garage only- Fannie Jones, Chicago IL.
The as no one present to represent this case. Bob Grab·
of the c and stated it is in the process of being sold.
ation: Declare this building sub ndard, a public nuisance,
ission for their concurrence.
Clara Shepherd made a mo · d by Jerry Bever to accept staff's
recommendation.
A roll call vote was taken:
AYES: ABSENT
Clara Shepher
Randy Mack·
Jon Role · z
Nick es
Gr orgman
ry Bever
3 of 9
DATE: September 15, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspections
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #03-34-
769 Washington.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 769 Washington - Garage only, Area 12, 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: 03-34 - 769 Washington - Garage only.
Location and ownership: This structure is located on Washington between
Henry & Beidler in area 12, Nims Neighborhood. It is owned by Victor
Rockafellow.
Staff Correspondence: This garage was written as dangerous and
substandard on 5/19/03. A notice and order to repair or remove was issued
6/6/03. On 8/7/03 the HBA declared the structure.
Owner Contact: The owner was present at the HBA meeting in August and
stated he wants to repair the garage, but doesn't agree with the building
inspector's requirement for a structural engineer to design the repairs. There has
been no contact since the HBA meeting.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $32,800 (house & garage)
Estimated Cost of Repairs: $5,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, September 23, 2003.
7--
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For The Inspection Department File#: 428954
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Victor J. Rockafellow
PROPERTY: 769 Washington
PARCEL NO: 24-205-412-0004-00
DESCRIPTION: Lot 4 Blk 412
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1466
PAGE: 174
DATE OF DEED: February 17, 1989
GRANTOR NAME & ADDRESS: Arthur Erickson and Dorothy Erickson, 769
Washington, Muskegon, MI 49443
GRANTEE NAME & ADDRESS: Paul G. Tyjewski and Phyllis K. Tyjewski,
2276 Blissfield Ct., Muskegon, MI
LIENS OR MORTGAGES: 1905/667; 3522/130; 3522/131
TODAY'S DATE: May 23, 2003
EFFECTIVE DATE: April 23, 2003 at 8:00 AM
Abstracted by: ~Cl,~
TRANSNATIOTITLE INSURANCE COMPANY
The above information is to be used for reference pu1poses only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
Received for Rtcord
AfffX fl[.<l
TA):
rsrm '·'"''""
STAMP f..FlER l!Et:!!RCl/1\G 19
llB[I 1466 '('.J 174
al o'~Jock M., and recorded in
61-11241 County, Michigan .
. _. __ .••. Register of Deeds,
\l''dWA~TV OHEll
(lay of FEBRUARY 19 89
17th
JUTSf,'SSF,Tlf, That Arthur. Erickson and Dorothy Erickson, Husband . .:i.nd Wife
769 Washington
' Muskogon,MI 49443
1:
I
!1
i for !ht sum of One dollar
($1.00) and other valuable consideration (see affidavit attaJ·dl
to Paul G. Tyjewski and Phyllis K, Tyjewski. Husband and 1·
1:1 Cn:-.vr-;\'S ANO WARRANTS
Wife I
I
ri 2276 Blissfield Ct.
Muskcgon,MI
,,
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llw fr1l!nwing cksrrihNl lands nnd rn•mi.~l'S situated in the City
ii( Mus keg on
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I
Ccnrn!y of Muskegon and Slaten( i\tichignn, \'i7.·
' , I,ot 4, Block <112, Rovlaod Plot of tho City of Muskegon, ;:is recorded :i.n
1
,·,. l,lbor J of Plato on Pogo 71,
P,P, ual-11-30-303-004 (0023!)
SUl3Jl~C 1J' 'J'O g11sgM~N'J'S i\ND ngs•l'HJ.C 1l'!ONS OJ·' Hl!!COltO, ll•' AN'l,
S,qned on 11,e Oote /1111 above w11llcn
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ST,\Tr•: oF :'II re II r r;,\ :--.-. / ss. 89
February 19
Coi,:-:n· nF Muskegon J On this 17th clay of
h(•frirr uw. a ;\:rotary Public in a11d for said Counly personallv appcarNf
Arthur Erickson and Dorothy Erickson, Husband and Wife
10 11H' known tn he lhe ~aml' pl'rso11S clrscnbl'rl 111 and v.ho executed the w1th111 m!>trum<'nl, who acknow-
J,,,)g,·d ill<'"'""' :« h,· thair fn·<· set ,nd <1""(},!J-1.o. ~ t// ~ ~
~
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NntaryPuhhr,v NORK~
MUSKEGON Couuty,Michigan. CJ';
O"l
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I llu,,/1_1· <:nrify lhnl t~l'r!' tirt· 1111 Ta~ Lkm nr Tit!rs held by th~ ~tat~ or any i11clividual a«~in~l tht within ducriptinn. and
:,!! TaH'\ on ~nine an· ,,~ut [01 h,•t· } l'~IS p11:,•1u11, to thr datr o! this 1n<trunwnL n, ap11rnrs hy !ht rrfonh in mf onkr. Thi.11.'rrl!licnlr
1\0<."• not :,ppl\' mi uu-,, If ;11w, nosy in pro,·t•ts of cnllN"llf!ll
PHEPAHED BY,
rHE TITLE OFFICE
V .. .043393.
Date ::{ ~u...(\.._vJ
r
~;:J. 19 i9
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r,,n,•t;'t--..•N> ,,\'..- .-
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427 w. Seminole Road u County, Mich!gan
Muskegon, MI 49441
County Treasuru, ,:I
111
1 o/u oar:,2. 35
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: September 11, 2003
769 Washington - Garage
(Address of Property)
TO: All owners and interested parties:
Victor Rockafellow, 1450 Leahy, Muskegon. Ml 49442
Owner
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
(Other interested parties)
On August 7, 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, September 23, 2003 to review
the progress on the repairs at the said structure since the last meeting when this case
was addressed. You may appear at this hearing at 5:30 p.m. on Tuesday, September
23, 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.
F0~~9us~N~A~~O·F.;APlfA.LS
f{c/4±_ V5. JJ,~1-~
By _ __c__ _ _ _ _ _ _ _ _ _ _ _ __
Robert S. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGDOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: August 11, 2003
To: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
Owners Name & Address
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
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, August 7, 2003 does hereby order that the following
structure(s) located at 769 Washington (Garage), 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) ½'i.thin 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.
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHDOC
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.
q21_~Gm~EALS
Ro~ert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARO FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: July 25, 2003
Address of the Property: 769 Washington - Garage
TO: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
[Name & Address of Owner]
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, August 7, 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 issued 6/6/03.
At the hearing on Thursday, August 7, 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 9£,MUSKEGON INSPECTION DEPARTMENT,
: : ffE:J;t::r~it:~J::~~ ~,0F APPEALS
1
Robert B. Grabinski, Director of Inspections
O\INSPECTIONSIGRABINSKI_LORRAINE\WORO\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: June 6, 2003
Address of the Property: 769 WASINGTON - GARAGE
TO: Victor Rockafellow, 1450 Leahy, Muskegon, Ml 49442
[Name & Address of Owner]
Phyllis K. Tyjewski Trust, 351 E. Sternberg, Muskegon, Ml 49441
(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 769 Washington
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
CITY OF MUS~ l~SP)CTION '?JP_ A_J_ R~M~T
l<(a1x±.__V5 .,{L:: ,-.x-,,,,~'
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
769 WASHINGTON (Garage)
5/19/03
Inspection noted:
1. Structural engineer to inspect. Significant lean noted. Engineer will
design repair for all structural defects.
2. Windows boarded.
3. Doors to be repaired.
4. Doors and trim to be painted.
5. Roof inspection is required.
6. All work requires a building permit. No work may commence without
obtaining said permit first.
Please contact Inspection Services at 231-724-6715 with any questions.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I !!AVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTI-I IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
DATE
O:\lnspcctions\Grnhinski_ I,orraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\.769
Washington (Garage).doc
HBA Minutes 8/7103
roll call vote was taken:
NAYES: ABSENT:
John Warner
#03-34 - 769 Washington - Garage only - Victor Rockafellow - 1450 Leahy
Mr. Rockafellow was present to represent this case. He stated he works nights
and isn't available except at certain times of the day and people don't return his
calls at the times he requests. He wants to repair the garage, but wants a
variance on his property to split the lots. He also doesn't believe he needs an
engineered design. He also spoke at length of rental inspections.
Mr. Grabinski explained the variance is not something the Inspection Department
deals with, he needs to talk to the Planning Department. He also explained that
Mr. Rockafellow needs to bring his plans into the Inspection Department for
approval and begin work. He needs an engineered design plan because of the
lean to the garage.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Nick Kroes made a motion, seconded by Clara Shepherd to accept staff's
recommendation.
A roll call vote was taken:
AYES NAYES: EXCUSED: ABSENT:
Clara Shepherd John Warner
Randy Mackie
Jon Rolewicz
Nick Kroes
Greg Borgman
Jerry Bever
The motion carried.
7 of9
Date: September 23, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Summit Pyrotechnics
SUMMARY OF REQUEST: Steven Franklin is requesting approval of a
fireworks display permit for October 11, 2003, from dark till 12:00 a.m.
Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks and approval of
insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance. Staff requests the time be changed
from dark till 11 :00 p.m. and that Mr. Franklin publishes an ad or article
in the Muskegon Chronicle notifying the public of the event.
FM- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT DATE OF APPLICATI ON
Act 358, P.A. 1968 I 9-//-0.--f
0
l. TYPE OF DISPLAY:
• Publi c Display Agriculture I Pest Control
2. APPLICANT
NAME OF PERSON / ) ADDRESS AGE: Must be 21 o r over
\c:;I I ;"V\ VVI Ii- tr.. .r0 'h2r~ ,H 1/t'" \ .<0 c::O s - G L 77V
3. PYROTECHNIC OPERATOR
NAME A DDRESS AGE : Must be 21 or over
,c;f ..PJ >e.1v /?, }=;Q .,t.//c I ~~
EXPERIENCE: /
NUMBER OF YEARS WHERE
/ 1",- v'JIJ:L -r. U-. -r/1) /), /') #'. P'L A'? /] A? /JC,
/ / I
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of M ic higan Attorney or Resident Agen t ADDRESS T ELEPHONE NUMBER
S. EXACT LOCATION OF PROPOSED DISPLAY
1---__,,__3
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DATE 'TIME
/IJ-// -03 /)a,.Jr -/-/// /.,.::} . l r'YI
6. NUMBER AND KINDS OF Fl REWORKS TO BE DISPLAYED
/ , •i...vr:/ Vt:D I
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r.:; /
1
/Wl I
1 - - - - - - - - -- - - - - - - - - - -- -+-
i Cltv Clerks O!!L._aj
MANNER & PLACE OF STORAGE PRIOR TO DISPLAY
1P/' ;, ✓D 1 ,, :f s;; , 11 / ) ;9,,,./) <r?':) ~ I' f e ,,-jl/2 I /
I , /
I Subject to Approval of Loc.:al Fire Authorities)
A, AMOUNT OF BOND OR I NSURANCE
7, FINANCIAL RESPONSIBILITY ( to be set by municipali ty) s
B. BONDING CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
I Soe o ther s ide for instructi o n s)
Sep 19 03 07:39p p.3
'M•J_L IM,ov~.
<:hioan DfJi:itrTmtnf or s,11. Poiict
lie MARSHAL OlVISION 1£nc losura (32)
Appendix F
~PPLICATION FOR FIREWORKS DISPLAY PERMIT Order No. 9
-,-----:::---.;c;.;....;;..;..;,;,.;,,;;'-"-'.:;;;...:;:.;_;_;;.,.;..;:.:.:.:.:.:.:.:.._ _ _ _ _ _ _ _ _ June 1985
~ e L r C DISPLAY • AGRICULTURAL PEST CON'TAOL Oats o, Aopllntlo
·.mt ot Pyrcue.:nn;, Oi,«ator
"F En1C/C
No. Oi1pl.ty1
----.P~--_j---..:+-!::.J~;.2..'D~---~~'.!rl.!~M.l.....,.J=-e!!Yil:~::,!,.,.J.1.,_.l....!'.l~~~~l
amll of A.uinant Addreu
1rrl1J 0,I Othar Auirta"1
Addrl'JJ ---- Age - -
1110. OF FIREWORKS KlNO OF FIREWOfU::s TO lllf ISPLA'teo
, )A-Q..touS. CL AAS
-----+----------~~-·---,-·-~--==--------
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I I D OQ I t)El O i 'PD ( LtP-ll I)..)S.!,(17, J«N Cf-i
II AUTHORITY:
COMPLETION:
Act 368, P.A. of ttH
Vah.int•rv lbul no
pMm~t will be- i,stn,::
_ i . ............ .,,.._,,_,,
Sep 19 03 07:39p p.4
n 1n.... t.as, tnc fosure (JJ}
Afiifas, DtPlllr1ffl9hl af s,a,a f"ctic• Appendix F
.-me MAP$HAL OIVISIOIII Order No. 9
June l985
PERMIT
FOR FIREWORKS DISPLAY
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nnsport ~nd dillfJlay flreW(Jr/u in th14mounrs. for tile P11rpose of am/ at th., place llllftJd below onfV.
~lil.lCOISPI.AV D AGIUCULTUAAL PEST CONTROL
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2003-79(g)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: QC) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO:
NA.\o!E Steven R. Franl(lin, Summit Pyrotechnics
ADDRESS 3500 S. Getty, Muskegon, MI AGE
REPRESENTING
NA.\o!E OF ORGA.'IIZATION, GROL'P, FIR."1 OR CORPORATION
Michigan Pyrotechnics Arts Guild
ADDRESS
NUMBER & TYPES OF FIREWORKS:
Club shoot - various sizes of 3" through 12" shells
DISPLAY: 538 E. Western Avenue (Fishennan's Landing)
EXACT LOCATION
Muskegon, MI 10-11-03 (rain date 10-12-03) dark till 11:00 p.m.
CITY, VILLAGE, TO\liNSHIP DATE TIME
BOND OR rNSURANCE FILED: (X) YES ( ) NO AMOUNT $1,000,000.00
ISSUED BY
Issued by action of the MUSKEGON CITY COMMISSION
(council, oommiu,ol\, bo.td)
of the _ _,_C_._ITVL..L._ __ of __Ml=i.iu.SwK....E,,,G,.,,O,.N.,____
(c1iy. v1Jbse. township)
on the --"2::_3.::._rd"-----
~~~~;;;;;:::;;~
Mayor
(11~•nirc & pout,on of c.ounc,I. comm,uion or boatd ,~prcsfflutJ..-c)
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