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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 26, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Rezoning Request for Property Located at 1996 W. Sherman Blvd.
PLANNING & ECONOMIC DEVELOPMENT
c. Professional Services Agreement with Muskegon Charter Township.
INSPECTION SERVICES
d. Approval of Contractor for New Construction Home at 1938 Hovt.
COMMUNITY & NEIGHBORHOOD SERVICES
e. Local Law Enforcement Block Grant - Joint Spending Agreement.
CITY MANAGER
f. Consideration of Bids - Robert Street Tank Painting. ENGINEERING
g. DVD-RAM Disks. PUBLIC WORKS
h. Plow Truck Purchase. PUBLIC WORKS
i. Budgeted Vehicle Replacement. PUBLIC WORKS
• PUBLIC HEARINGS:
a. Review 2002-2003 Consolidated Annual Performance Evaluation
Report (CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Temporary License Agreement for Communications Connection -
Edison Landing. PLANNING & ECONOMIC DEVELOPMENT
b. Change Order to Pave Woodlawn Ct. ENGINEERING
c. Concurrence With the Housing Board of Appeals Notice and Order
to Demolish the Following:
1. 1087 W. Grand, Area 12 - Update (was tabled for 90 days)
2. 1726 Pine, Area 11 (Garage only)
3. 419 W. Muskegon, Area 10 (Garage only)
4. 589 W. Muskegon, Area 10 (Garage only)
5. 688 W. Dale, Area 12
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: To discuss pending litigation.
• Reminder: Individuals who would like to address the City Commission shall do the following:
• fill out the Request to Speak form
• Give form to the City Clerk
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CJTYCLERK, 933 TERRACE STREET, MUSKEGON, M! 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: August26,2003
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 Special
Meeting that was held on Monday, July 28, 2003; the Commission
Worksession that was held on Monday, August 11, 2003; and the
Regular Commission Meeting that was held on Tuesday, August 12,
2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 26, 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, August 26, 2003.
Mayor Warmington opened the meeting with the reciting of the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Commissioners William Larson, Robert
Schweifler, Clara Shepherd, Lawrence Spataro, and Stephen Gawron; City Manager
Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-66 COMMUNICATIONS:
a. Accept Vice Mayor Buie's Resignation.
Motion by Commissioner Schweifler, second by Commissioner Spataro to accept
Vice Mayor Buie's resignation.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Gawron, Larson
Nays: None
MOTION PASSES
2003-67 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Special Meeting that was held
on Monday, July 28, 2003; the Commission Worksession that was held on Monday,
August 11, 2003; and the Regular Commission Meeting that was held on Tuesday,
August 12, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
c. Professional Services Agreement with Muskegon Charter Township.
INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request the City Commission approve the
Professional Service Agreement between the City of Muskegon and Muskegon
Charter Township. The agreement is brought back to you for reconsideration due to
a slight modification to the wording regarding the hold harmless clause. The
statement "and except for Acts of "Gross Negligence" was added to the hold
harmless clause. This was discussed and approved by both attorneys for the City
and Township. It should also be noted that Muskegon Charter Township officials have
signed the agreement. This agreement is to allow Inspection Services to conduct the
electrical inspections and plan reviews for Muskegon Charter Township on a
contractual basis. It is also requested that if approved, the commission authorize the
Mayor and City Clerk to sign the agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve and authorize the Mayor and Clerk to sign
the service agreement after it has been approved by Muskegon Charter Township
officials.
d. Approval of Contractor for New Construction Home at 1938 Hoyt.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Bantam Construction of
Muskegon for the completion of the construction of a home at 1938 Hoyt for One
Hundred Thirteen Thousand and Eleven {$113,011), which was the lowest bid. The
parcel that the home will be built on was obtained by the City of Muskegon through
a donation from a resident. The former structure was demolished by CNS and a
qualified buyer has already been approved for the purchase of the structure.
Continuing the City's aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The funding for this project will be taken from the City's HOME
funds from fiscal year 2002.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Community and Neighborhood Services
selection.
e. Local Law Enforcement Block Grant - Joint Spending Agreement.
CITY MANAGER
SUMMARY OF REQUEST: To approve a joint spending agreement with the County of
Muskegon for the City's Local Law Enforcement Block Grant {LLEBG). This is required
because the U.S. Department of Justice has determined that disparate funding exists.
FINANCIAL IMPACT:
City of Muskegon $47,639
Muskegon County $18,343 {use is for jail security services)
$65.982
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the above distribution.
f. Consideration of Bids - Robert Street Tank Painting. ENGINEERING
SUMMARY OF REQUEST: The contract to paint the Robert Street Water Storage Tank
to be awarded to L.C. United Painting out of Sterling Heights, Ml since they were the
only responsible bidder with a bid price of $151,000.00.
FINANCIAL IMPACT: The construction cost of $151,000.00 plus associated engineering
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to L.C. United Painting Company.
g. DVD-RAM Disks. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 2030 DVD-RAM disks.
FINANCIAL IMPACT: Cost $13, 195.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of 2030 DVD-RAM disks from Kustom
Signals.
h. Plow Truck Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis from Woodland
International.
FINANCIAL IMPACT: Total Cost $100,461.96
BUDGET ACTION REQUIRED: None
STAFF RECIMMENDATION: Approve purchase of budgeted replacements for a total
cost of $100,461.96 from Woodland International.
i. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 2004 Ford Explorer.
FINANCIAL IMPACT: Total Cost $23,159.19
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of one Ford Explorer from Fremont
Ford.
Motion by Commissioner Shepherd, second by Commissioner Schweifler to approve
the consent agenda with the exception of item b.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, Larson, Schweifler
Nays: None
MOTION PASSES
2003-68 ITEMS REMOVED FROM CONSENT AGENDA
b. Rezoning Request for Property Located at 1996 W. Sherman Blvd.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Shermac, Inc., located
at 1996 W. Sherman Blvd., from B-1, Limited Business to B-2, Convenience &
Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommended denial of the request due to the lack
of compliance with the Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 8/14 meeting. The vote was unanimous with T. Harryman and
B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
the request to rezone property from B-1, Limited Business to B-2, Convenience &
Comparison Business.
ROLL VOTE: Ayes: Warmington, Larson, Schweifler, Shepherd
Nays: Spataro, Gawron
MOTION PASSES (requires second reading)
2003-69 PUBLIC HEARINGS:
a. Review 2002-2003 Consolidated Annual Performance Evaluation
Report (CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on August 26, 2003, to review
accomplishments and receive comments from the public concerning the 2002-2003
CAPER developed by the Community and Neighborhood Services Department.
After the public hearing has been conducted and all the comments have been
documented, the CNS office requests that the Commission direct the CNS staff to
submit the required documents to HUD in compliance with 24 CFR 91.520, by no later
than August 31, 2003.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving CDBG and HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to gather comments from the public and to
submit the CAPER to HUD after the public comment period has elapsed.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments from
the public. No public comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:56 p.m. and direct staff to gather comments from the public and
submit the CAPER to HUD after the public comment period has elapsed.
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
2003-70 NEW BUSINESS:
a. Temporary License Agreement for Communications Connection -
Edison Landing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Temporary License Agreement allows GVSU the right to
construct a temporary communication connection across property currently owned
by the City/LDFA and Lakefront LLC. The connection consists of temporary above
ground poles supporting telecommunications, fiber optic, or other lines necessary to
meet the communication requirements of the MEC facility. The permanent
communications connection will be built at a later date, and will facilitate
communications throughout Edison Landing.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the "Temporary License Agreement for
Communications Connection" and authorize the Mayor to sign the agreement.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
temporary license agreement for communications connection at Edison Landing.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
b. Change Order to Pave Woodlawn Ct. ENGINEERING
SUMMARY OF REQUEST: Permission to add the paving of Woodlawn Ct. from Beach
Street to the north end onto the Davis Street contract via a change order. Davis was
awarded to Asphalt Paving for a total additional cost of $7,054.00. The proposed
work includes two courses of asphalt & an asphalt curb. This work is being proposed
as a maintenance operation rather than a construction project and therefore would
not involve any special assessment. Furthermore, the cost to pave Woodlawn Court
will be subtracted from the final project cost on Davis for the purpose of spreading
the roll.
FINANCIAL IMPACT: The construction cost of $7,054.00
BUDGET ACTION REQUIRED: The cost will be from the operation maintenance fund.
STAFF RECOMMENDATION: Authorize the change order.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
adding the paving of Woodlawn Ct. from Beach Street to the north end onto the Davis
Street contract via a change order.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
c. Concurrence With the Housing Board of Appeals Notice and Order
to Demolish the Following:
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 1087 W.
Grand, 1726 Pine, (Garage only), 419 Muskegon (Garage only), 589 W. Muskegon,
(Garage only) and 688 W. Dale 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 structures and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder. Staff has requested that 419 Muskegon be pulled from
this agenda.
1. 419 Muskegon (Garage only)
This item was requested from Staff to be pulled from the Agenda.
2. 1726 Pine - Garage only
CASE# & PROJECT ADDRESS: #03-08, 1726 Pine St., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Pine between Forest & Dale.
It is owned by Muriel Lizner.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
2/6/03 and Notice and Order to repair or remove was issued 2/18/03. On 4/3/03 the
HBA declared the garage substandard and ordered it demolished. There has been
no contact with the owner.
OWNER CONTACT: None
FINANCICAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
ST ATE EQUALIZED VALUE: $1 7,800
ESTIMATED COST TO REPAIR: $5,000 (Garage only)
3. 589 W. Muskegon - Garage only
CASE# & PROJECT ADDRESS: #02-30, 589 W. Muskegon, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Muskegon Avenue between
Eighth and Ninth Streets and is owned by Midra Ervin.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/25/02 and Notice Order to repair or remove was issued 7/30/02. On 9/5/02 the HBA
declared the garage substandard and ordered it demolished. The owner sent a
letter 9/9/02 stating she wants to repair the garage, but does not have the finances.
She was given the phone number for CNS, but they do not repair garages.
OWNER CONTACT: Letter dated 9/9/02
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $18,800
ESTIMATED COST TO REPAIR: $4,000 (Garage only)
STAFF RECOMMEDATION: To concur with the Housing Board of Appeals decision to
demolish 1726 Pine (Garage only) and 589 W. Muskegon (Garage only).
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Housing Board of Appeals notice and order to demolish 1726 Pine - garage only,
and 589 W. Muskegon - garage only.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Gawron, Larson
Nays: None
MOTION PASSES
4. 688 W. Dale
CASE # & PROJECT ADDRESS: #03-17, 688 W. Dale, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on W. Dale between Beidler and
Glade Streets. It is now owned by Midfirst Bank.
STAFF CORRESPONDENCE: This structure was written as a dangerous building after
notice from the housing inspector of conditions not being taken care of on 3/17 /03.
The owner abandoned the property and it is now back to the bank. There has not
been an interior inspection. The Notice and Order to repair or demolish was issued
3/31 /03 and the HBA declared the property on 7/3/03.
OWNER CONTACT: There has been contact from the bank and the HUD property
managers. They have had an appraiser do an interior inspection and his estimate for
repairs was $37,000.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REUQIRD: None
STATE EQUALIZED VALUE: $23,800
ESTIMATED COST TO REPAIR: $30,000 (HUD appraisal $37,000 to repair)
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals notice and order to demolish 688 W. Dale.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Gawron
Nays: None
MOTION PASSED
5. 1087 W. Grand
CASE# & PROJECT ADDRESS: #00-56, 1087 W. Grand, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on W. Grand between Barclay
and Franklin. It is owned by Brenda and Larry Davis.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/20/00 because of a fire. In October 2000 the HBA tabled the case for 60 days and
the case was again tabled in January 2001. The owners have had problems with
their contractors and have filed a formal complaint to the state. There have been
numerous progress inspections and all permits have been pulled. The case was
again brought before the HBA in February 2003 and tabled 4 months before
forwarding to commission. On 7/8/03 the City Commission tabled the case for 90
days with monthly progress inspections scheduled. This is an update since the
progress inspection on 8/ 1/03.
OWNER CONTACT: There has been much contact between the owners, contractors
and Inspection staff and director.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $26,600
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMEDATION: To concur with the Housing Board of Appeals.
Up-date was given by Bob Grabinski, Director of Inspections. This will be put on the
October 14, 2003, agenda.
d. Easement to Consumer Energy Along Existing Terrace St. (Terrace
Plaza. ENGINEERING
SUMMARY OF REQUEST: Consumer Energy is requesting an easement along the
easterly line of the revised R-O-W line of Terrace Street from Morris to Shoreline Dr. The
easement is needed to extend the necessary power lines to the Edison Landing
project in general and to the GVSU building in particular. The proposed power
facilities within this easement consist of Ariel lines and poles.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Grant easement with the condition that it will be vacated
when the lines are no longer present within.
Motion by Commissioner Spataro, second by Commissioner Larson to approve the
easement to Consumer Energy along the existing Terrace Street with the condition
that it will be vacated when the lines are no longer present within.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, Schweifler, Shepherd
Nays: None
MOTION PASSES
2003-71 ANY OTHER BUSINESS:
b. Sister City Visit August 29. 2003. MAYOR
On Thursday, August 281h, Sister City will be coming into Muskegon around 4:00 p.m.
and will be here through Monday.
c. Appoint Vice Mayor.
Motion by Commissioner Larson, second by Commissioner Shepherd to appoint
Robert Schweifler as Vice Mayor until the end of the year or the reorganizational
meeting in January.
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
2003-72 CLOSED SESSION: To discuss pending litigation.
Motion by Vice Mayor Schweifler, second by Commissioner Gawron to go into
Closed Session at 6:56 p.m.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Larson to go back into
Open Session at 8:04 p.m.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Larson, second by Commissioner Spataro to follow the City
Attorney's recommendation.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Gawron, Larson
Nays: None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 8:07PM.
Respectfully submitted,
Gail Kundinger, MMC
August 22, 2003
To The Honorable Mayor Steve Warmington
City Commissioners
City Manager
Dear Colleagues:
It is with a great mixture of emotions, that I tender my resignation from
the Muskegon City Commission, effective August 22, 2003. I have been
appointed by the Muskegon County Circuit Court Judges to the
position of Muskegon County Clerk. Therefore, I can no longer serve
as an elected official for the City of Muskegon.
I have enjoyed serving the citizens, working with city staff and the
entire City Commission. I have gained life-long relationships; lives
changing experiences and have broadened my knowledge basis, which
has enhanced my life tremendously. I will always continue in my quest
to better serve the citizens of this great community, by helping to
provide a better quality of life through good stewardship.
I will truly miss you all. May God continue to bless and keep each and
every one of you!
Sincerely,
~~11'3u~{/
Karen Buie
DATE: August 20, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robett B. Grabinski, Director of Inspection Services
RE: Professional Services Agreement with Muskegon Charter Township
SUMMARY OF REQUEST: This is to request the city commission approve the attached
Professional Service Agreement between the City of Muskegon and Muskegon Charter
Township. The agreement is brought back to you for reconsideration due to a slight
modification to the wording regarding the hold harmless clause. The statement "and
except for acts of "Gross Negligence" was added to the hold harmless clause. This was
discussed and approved by both attorneys for the city and township. It should also be
noted that Muskegon Charter Township officials have signed the agreement. This
agreement is to allow Inspection Services to conduct the electrical inspections and plan
reviews for Muskegon Charter Township on a contractual basis. It is also requested that
if approved, the commission authorize the Mayor and City Clerk to sign the agreement.
STAFF RECOMMENDATION: To approve and authorize the Mayor and Clerk to sign
the attached service agreement after it has been approved by Muskegon Charter
Township officials.
CITY COMMISSION RECOMMENDATION: The commission will consider this item
at its meeting held on Tuesday, August 26, 2003.
2003-67(c)
City of Muskegon
Professional Services Agreement
Electrical Inspections
Agreement made and entered into this 19th day of August, 2003 by and
between the City of Muskegon, a Home Rule City (hereinafter referred to as
"City"), and Muskegon Charter Township, a Municipal Corporation
(hereinafter referred to as "Township").
1. It is agreed by the City and the Township that Electrical Inspection
Services shall be performed upon Township request under conditions
set by the Township.
a. The City shall receive 80% of the electrical permit fees
collected by the Township.
b. The City shall receive $35.00 per requested complaint
inspection of property not related to a permit.
c. Scheduling: Upon notification of a request for inspection, the
City Inspection Services Department will schedule accordingly.
d. Plan Review shall be paid at $35.00 per hour.
e. The Township will compensate the City monthly based on
permits issued, other work performed, and an invoice for plan
review fees.
2. The City will maintain the certifications of the Electrical Inspector(s)
as required by the State ofMichigan in accordance with P.A. No. 54.
3. This agreement may be amended upon the mutual consent of both
parties.
4. It is understood that the Electrical Inspector(s) is/are employees of the
City and not the Township.
5. Liability insurance coverage shall be provided by the Township. To
the fullest extent permitted by law, and except for acts of "Gross
Negligence", Muskegon Charter Township agrees to defend, pay in
behalf of, and hold harmless the City of Muskegon, its elected and
appointed officials, employees, and volunteers and others working in
behalf of the City of Muskegon against any and all claims, demands,
suits, or loss, including all costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from
the City of Muskegon, its elected and appointed officials, employees,
volunteers, or others working in behalf of the City of Muskegon by
reason of personal injury, including bodily injury and death and/or
property damage, including loss of use thereof, which arises out of or
is in any way connected or associated with this contract.
6. This agreement may be cancelled, upon written notification, within 30
days by either party for any reason.
In witness whereof, the parties hereto have signed this Agreement.
es Nielsen, Clerk Gail A. Kundinger, Clerk
uskegon Charter Township CityofMus
t?.0-~
P. Don Aley,Suisor
Muskegon Charter Township
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this _ _ day of
_ _ _ _ _ _,2003,by _ _ _ _ _ _ _ _ _ _ __
Commission Meeting Date: August 26, 2003
Date: August19,2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of contractor for new construction home
at 1938 Hoyt
SUMMARY OF REQUEST: To approve the contract with Bantam
Construction of Muskegon for the completion of the construction of a
home at 1938 Hoyt for One Hundred Thirteen Thousand and
Eleven($113,011), which was the lowest bid .. The parcel that the
home will be built on was obtained by the City of Muskegon through a
donation from a resident . The former structure was demolished by the
CNS and a qualified buyer has already been approved for the purchase
of the structure. Continuing the City' aggressive neighborhood
revitalization efforts.
FINANCIAL IMPACT: The funding for this project will be taken from the
City's HOME funds from fiscal year 2002.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve the Community and
Neighborhood Services selection.
COMMITTEE RECOMMENDATION:
FYI
Date: August 18, 2003
To: Bidding Contractors
From: Wil Griffin, Director
Re: Bid Results for 1938 Hoyt- New Construction
The City of Muskegon received 3 bid proposals for 193 8 Hoyt. The results of those are
as follows.
A-1 Professional $133,980
2600 Miller Ave NW
Grand Rapids, Ml 49544
Top Notch $115,000
4740 Jensen
Fruitport, Ml 49415
Bantam $113,011 *
1290 Wood St.
Muskegon, Ml 49442
The City of Muskegon reserves the right to reject any or all bids.
* Error found in calculations
RESIDENTIAL CONSTRUCTION AGREEMENT
This Residential Construction Agreement is made as of the 2nd day of September, 2003
between City of Muskegon (the "Owner") and Bantam Group,inc. ("General Contractor").
BACKGROUND
A. General Contractor and Purchaser agree that General Contractor shall construct a
single family residence (the "Residence") for Purchaser pursuant to the Infill Program, according
to terms of this Agreement.
THEREFORE, the parties agree as follows:
I. Building Site. Owner has signed a binding purchase agreement with Purchaser to
give a building site located on the real estate located at 1938 Hoyt (Vacant Land) and legally
described on Exhibit B (the "Prope1iy"). Owner has agreed to hire General Contractor to build
the Residence on the Property.
2. The Residence. General Contractor shall build the Residence in accordance with
the plans and specifications, a copy of which is attached as Exhibit C (the "Plans"). Any features
of the Residence that are not explicitly described in the Plans shall be determined in the sole
discretion of General Contractor. For example, unless specifically set forth on the Plans, the
location of all electrical outlets shall be as determined by General Contractor.
3. Price. The price for constructing the Residence shall be $111,016("Price"). The
Price may change in the event Owner and General Contractor and/or Purchaser, agree to
change orders, modifications or extras, as defined below, in writing and signed by all the
above.
3. I The price is based on certain allowances. Allowances are merely
estimates of costs for items to be added to the Residence at Purchaser's and Owner's
discretion, such as carpeting, light fixtures, window treatments, etc. The allowances used
in determining the Price are set fo1ih on Exhibit D. The Price will increase or decrease
depending on the actual cost of the items listed as allowances. In the event the actual cost
of any allowance exceeds the estimated amount ("Additional Allowance Amount"),
Purchaser shall pay the Additional Allowance Amount within 30 days of General
Contractor's invoice. No Additional Allowance Amount shall be billed through General
Contractor without the express prior written consent of Owner.
4. Costs Included. The Price shall include the cost of the building permit and all
sales taxes incurred by General Contractor for materials purchased and installed in the
Residence, but shall exclude sales tax for those items purchased either by General Contractor or
Purchaser as an allowance. The Price shall not include any other costs whatsoever associated
with the construction of the Residence, including, but not limited to, utility bills, heating costs,
sewer or water hook-up charges, trunkage fees, regional fees, or any other water, sewer or
property tax assessments, each of which shall be Purchaser's sole responsibility.
O:\CNS\COMMON\WPDATA\HOMEIINFILL\1938 HOYnCONSTRUCTION AGREE.DOC
Page 1
5. Payment of the Price. The Price shall be paid in accordance with the following
schedule ("Payment Schedule").
General Contractor may request draws from the City of Muskegon ("Finance
Department"), which is acting as escrow agent. Draws may be requested no more than once per
month. Requests for draws and documentation required will be in a format acceptable Finance,
and shall include, at a minimum, lien waivers. The total amount of a draw may never exceed the
percentage of completion, less a 10% holdback. The balance owed on the contract, including any
holdback, shall be paid upon completion and issuance of a ce1iificate of occupancy.
6. Modifications/Extras. No modifications to the Plans ("Modifications") or
requests for additional construction ("Extras") shall be binding upon either pmiy, unless the
Modifications and/or Extras are set forth on a written change order that is signed by General
Contractor, future Purchaser of property ("Purchaser"), and Owner ("Change Order"). The
Change Order must provide a detailed description of the Modifications and/or Extras and the cost
or credit to be charged. Where a Change Order increases or decreases the Price ("Adjusted
Price"), the Adjusted Price shall be paid according to the remaining portion of the Payment
Schedule.
7. Possession. Purchaser shall be entitled to possession of the Residence upon
payment of the Price or Adjusted Price in full. Upon payment in full, General Contractor shall
deliver to Purchaser a completed sworn statement and a full unconditional waiver of lien.
Payment of the Price or Adjusted Price by Purchaser shall constitute the acceptance of the
Residence.
8. Estimated Completion Date. General Contractor shall commence construction
of the Residence within 30 days from the date the pmiies sign this agreement October 2, 2003
("Commencement Date"). General Contractor shall endeavor to complete the Residence by
January 31, 2004("Completion Date"). Provided, tliat both the Commencement Date and the
Completion Date may be extended as a result of circumstances beyond the control of General
Contractor, including, but not limited to, delays caused by suppliers or subcontractors, delays for
utility hook-ups, Acts of God, labor disputes, governmental inspections, regulations, or permit
processes, material back orders, Purchaser's requests for Change Orders, fire, injury or disability
to General Contractor or weather.
O:\CNS\COMMON\WPDATA\HOM E\1NF Ill\ 1938 HOYT\CONSTRUCTION AGREE.DOC
Page 2
8. General Contractor Conditions. This Agreement is subject to and includes all
of the Contractor Conditions attached to this Agreement as Exhibit A.
By:
lts:Ma
ail Kundinger, MMC
Its: City Clerk
General Contractor - Bantam Group, Inc
Dated: - - -- --~ By: t : u { ~
Michael J. A. Amrhein
Its: Principal
O:\CNS\COMMONIWPDATA\HOMEIINFILL\1938 HOYT\CONSTRUCTION AGREE.DOC
Page 3
EXHIBIT A
Contractor CONDITIONS
1. General Contractor's Warranties. All building materials used in the construction of
the Residence shall be new. General Contractor guarantees its workmanship for a period of one year
from the date of final completion. Within that period, General Contractor may replace, at its option, any
materials incorporated into the Residence which are defective, provided the manufacturer's warranty is
still in full force and effect and, in fact, the manufacturer honors that warranty. To make a claim under
this warranty, Purchaser must give General Contractor written notice of any such defect in the
workmanship and/or materials promptly upon discovery and not later than expiration of the one year
warranty period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear or natural settling. General Contractor shall turn over and
transfer to Purchaser all manufacturer's warranties that are delivered directly to General Contractor by the
manufacturer. All warranties under this agreement shall transfer upon the date of sale to Buyer as the
Purchaser's successor in interest.
2. Purchaser's Warranties. Purchaser covenants and warrants that the Property is subject
to a binding purchase agreement. Purchaser shall locate the exact location of the Residence on the
Propetiy. All corners of Residence shall be clearly marked with surveyor stakes. Purchaser covenants
and agrees that such location is in compliance with all applicable federal, state and local rules and
regulations, including, but not limited to, building restrictions, set-back requirements, sand dune and
wetland laws, and regulations and zoning ordinances. In the event the location of the Residence is moved
for any reason, General Contractor expressly reserves the right to increase the Price accordingly to the
extent and in such amounts as the new location increases the cost to General Contractor.
3. License. General Contractor is a residential General Contractor and a residential
maintenance and alteration contractor and is required to be licensed under article 24 of Act 299 of the
Public Acts of 1980, as amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws.
An electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being
sections 338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under
Act No. 266 of the Public Acts of 1929, as amended being sections 338.901 to 338.917 of the Michigan
Compiled Laws. General Contractor is licensed by the State of Michigan as a licensed Michigan
Contractor and maintains its license in good standing. General Contractor's License and ID numbers are
2102155592 and 0750153 , respectively.
4. Laws, Ordinances and Regulations. In connection with the construction of the
Residence, General Contractor shall meet and comply with all applicable laws, ordinances, and
regulations.
5. Notice of Commencement. Purchaser shall deliver a Notice of Commencement in
accordance with the Michigan Construction Lien Act within ten days of this Agreement.
6. Diligent Pursuit. General Contractor shall diligently pursue its obligations under this
Agreement. If Purchaser believes that General Contractor has failed to comply with this paragraph, it
shall provide General Contractor not less than 15 days written notice of such non-compliance, a list of
Purchaser's specific complaints, and a reasonable time within which General Contractor shall cure any
such reasonable complaints. Until Purchaser fully complies with the notice provisions set forth in this
paragraph, Purchaser may not replace General Contractor with any other party to complete construction
O:\CNS\COMMON\WPDATAIHOME\lNFILl\1938 HOYnCONSTRUCTlON AGREE.DOC
Page 1
and may not deduct from the Price any amount paid by Purchaser to complete construction in accordance
with the Plans.
7. Insnrance. Purchaser shall procure and maintain an "all risk" insurance policy and shall
name General Contractor as an additional named insured. Purchaser shall provide General Contractor
with evidence of such insurance upon request. General Contractor shall maintain a policy of General
Contractor's insurance fully insuring the Residence from the date constrnction commences until the date
of substantial completion. Purchaser and their mortgagee may also maintain a policy of insurance upon
their interest in the Residence. General Contractor shall also carry public liability insurance with
coverage limits not less than $300,000 single-limit coverage and worker's compensation insurance in an
amount not less than the statutory minimum. Such policies shall name Purchaser and their mmtgagee as
additional named insured. General Contractor shall provide Purchaser with evidence of such insurance
upon request. Purchaser and General Contractor waive all rights against each other for damages caused
by fire or other perils to the extent covered by insurance provided under this paragraph.
8. Miscellaneons.
9.1 Applicable Law. This Agreement is executed in, shall be governed by, and
construed and interpreted in accordance with the laws of the State of Michigan.
9.2 Binding Effect. This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the pmties and their respective legal representatives, successors, and
assigns.
9.3 Full Execution. This Agreement requires the signature of both pmties. Until
fully executed on a single copy or in counterpatts, this Agreement is of no binding force or effect,
and if not fully executed, this Agreement is void.
9 .4 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original as against any party whose signature appears thereon,
and all of which together shall constitute one and the same instrument. This Agreement shall
become binding upon the parties when one or more counterparts, individually or taken together,
shall bear the signatures of all parties.
9.5 Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.
9.6 Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
9.7 No Discrimination. Discrimination on the basis ofreligion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either patty in respect to the
construction of the Residence is prohibited.
9.8 Assignment or Delegation. Neither General Contractor nor Purchaser may
assign all or any part of this Agreement. Provided, that General Contractor may delegate all or
any patt of its obligations to perform the services under this Agreement, to any persons or entities
O:\CNS\COMMON\WPDATA\HOME\INFILL\1938 HOYnCONSTRUCTION AGREE.DOC
Page2
that General Contractor, in its sole discretion, deems appropriate, including sub-contractors.
Such delegation shall be at the sole expense of General Contractor unless otherwise provided.
9.9 Notices. All required or permitted written notices shall be deemed effective and
duly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the
custody of a nationally recognized receipted overnight delivery service; or (iv) two days after
posting in the U.S. first class, registered or certified mail, postage prepaid, to the recipient paity
at the address as set forth at the outset of this Agreement, or to such other address as the recipient
patty shall have furnished to the sender in accordance with the requirements for the giving of
notice.
9. IO Pronouns. For convenience, Purchaser has been referred to this Agreement
sometimes in the singular and at other times in the plural.
General Contractor- Bantam Group, Inc.
Dated: - - - - -- - By: tit~
Michael J.A. Amrhein
Its: Principal
O:ICNS\COMMON\WPDATAIHOMEIINFILL\1938 HOYnCONSTRUCTION AGREE.DOC
Page 3
EXHIBITB
Legal Description
The City of Muskegon Terrace Street Addition
N 30 ft Lots 18, & ALL Lot 20 EXC N 20 Ft Blk 3
O:\CNS\COMMON\WPDATAIHOME\INF!LL\1938 HOYl\CONSTRUCTION AGREE.DOC
EXHIBIT C
Plans and Specifications
O:\CNS\COMMONIWPDATA\HOME\INF!LL\1938 HOYnCONSTRUCTION AGREE.DOC
EXHIBITD
Allowances
The Price is based on the following allowances:
Light Fixtures $ 600.00
O:\CNS\COMMON\WPDATAIHOME\INFJLL\1938 HOYnCONSTRUCTION AGREE.DOC
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 8/26/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 19, 2003
RE: Local Law Enforcement Block Grant - Joint Spending Agreement
SUMMARY OF REQUEST:
To approve a joint spending agreement with the County of Muskegon for the City's Local Law
Enforcement Block Grant (LLEBG). This is required because the U.S. Department of Justice
has determined that disparate funding exists.
FINANCIAL IMPACT:
City of Muskegon $47,639
Muskegon County $18,343 (use is for jail security services)
$65,982
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the above distribution.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMINIAGNDAFRM
JMS - O: (LLEBG-JOINT SPENDING-2003)
Date: August 26, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Robert Street Tank Painting
SUMMARY OF REQUEST:
The contract to paint the Robert Street Water Storage Tank be awarded to L.C. United
Painting out of Sterling Hts., Ml since they were the only responsible bidder with a bid
price of $151,000.00
FINANCIAL IMPACT:
The construction cost of $151,000.00 plus associated engineering costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to L.C. United Painting Company.
COMMITTEE RECOMMENDATION:
I lC-t lh:rd f..v,~n•;~
['f,!G!N[f..l<!l'"-!G 1\1'-H) Lui,~· Od,.it~o, Ml '188,19
IN'.,f't.Cfi01'1 srnv:Ci"_S ld(•phM•! l·6l6-:04/J1."1.I
roR 'I/ If: CO/\IING 1:-,DUSTl<Y fo," l ·616<ll,!/ / 11 ()
Angus! 20, 2003
!v1t. Mnh:mm,cd Al-Shntd, P.K
C-ity of}Aw:kogon
9'.\3 T,,."r,,100 St.
J\fos!-.eg.ou, M[ 49-HJ
Sul+:,,(: 1,000,000 Ga Hoa Ek;vii!Cd Tank ltcpllinliiig - Rccommcnda1ion for Award
Dixon E11ginccri11g ha, n:vicwed the bid submitted for cxtcriorrcpainting oflhe 1,000,000 gallon Robc11s
SL ekvatcd t:mk ~rtd recommend., award to the low bidder, L. C. United Pnioting Company, for the
,,i.101mt of $151,000, Although only 0110 bid was received, it is well below our project cs1in1a1c of
$200,000. I,.C. llni!ed is:; prcqualificd contmctor with Dixon and has completed many similar projcc1s.
Hy(><> J,nvc nny qm>stio11s rcgnrding this mnlW, please conlacl rn(: M (6 ! 6) 374-3221, cltl, 303.
FOR DIXON ENG!NEEHJNG, INC.,
,.. -/ll. (;:,1/n/
J..),1 .. , ... ,, ft·:/
lm M, (fohin, l',E.
c";; L.C. United Painting
f.\(;1nbc=r'l: St:·-d S!rl'Clun::, Pc1infinu Cou1'1;;:il
A.r,1c1 icon V/c;k,;.r \Vorks J\:;sociotian
((;1li,U!ti1)g Eriui1·1~'.;,;?IS Council
PROPOSAL DIVISION 09870
BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT
DOCUMENTS, INCLUDING ALL LABOR AND MATERIAL FOR THE FOLLOWING
PRICES:
I. EXTERIOR REPAINT
2. LETTERING ALTERNATE
TOTAL PRICE DIVISION 09870 INCLUDING #1 and #2:
t2#F f!c:µertti 1J11&b ''1°CJC J,/100,&0,n,/
G J)o/JIVl'f:,
TOTAL PRICE DIVISIONS 05000 AND 09870: ,.-; ___,:;
DIV. 05000 $~U ,/'r/,
+ DIV. 09870 $ I<{. fiOIJ},/JD
•
TOTAL = $_!St tM().i,() 5)-/
BID BOND SHALL BE BASED ON 10% OF THE TOTAL PRICE (DIVISION 05000 AND
DIVISION 09870).
THE OWNER RESERVES THE RIGHT TO REJECT ALL BIDS BASED ON THE FINAL
SELECTION OF ALTERNATIVES. THE CONTRACTOR IS WARNED NOT TO WEIGHT
HIS BID BECAUSE OF THE AMOUNT OF ADJUSTMENT THE OWNER MAY MAKE IN
THE SELECTION OF THE FINAL ALTERNATIVES. A WEIGHTED BID MAY RESULT IN
THE LOSS OF PROFITS ON THE JOB IF THE CONTRACTOR HAS INCLUDED ALL HIS
PROFIT IN ONE ITEM WHICH rs LATER DELETED BY THE OWNER.
12d
Date: 8/15/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: DVD-RAM Disks
SUMMARY OF REQUEST: Approval to purchase 2030 DVD-RAM disks.
FINANCIAL IMPACT: Cost$13,195.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of 2030 DVD-RAM disks
from Kustom Signals
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 08/20/03
Re: DVD-RAM Disks
The Police Department has requested that the Equipment Division purchase the
disks required to operate the new Digital Eyewitness video systems. There are 58
officers that will be using the new system with each officer requiring 35 disks.
I have requested prices from local stores that handle computer equipment and
found that no one sells this type of disk. I did manage to find venders on the
Internet. Attached is a summary of the bids.
In accordance with established purchasing policy, I am requesting permission to
purchase 2,030 DVD-RAM disks from Kustom Signals.
1
DVD-RAM PRICES
I
I
Kustom Signal Total Media Com(!tree
9325 Pflumm ! Online Online
T)!E!e of Purchase Lenexa 1 Kansas 66215
2030 DVD-Rom Disc $6.50 i $8.48 $6.79
i
I
Total $ 13, 195.oo I $ 17,214.40 $ 13,783.70
Date: 8/19/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Plow Truck Purchase
SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis from
Woodland International.
FINANCIAL IMPACT: Total Cost $100,461.96
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of budgeted replacements
for a total cost of $100,461.96 from Woodland International.
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 08/20/03
Re: Plow Truck Replacement
The Equipment Division has budgeted for the replacement of two plow trucks for
2003. The trucks that we will be replacing are 1987 and 1988 model year vehicles.
We solicited bids from the top three truck dealers in the weight class that tits our
needs. They are Woodland International, Duthler Truck Center, and Dermondy
Truck Sales. (See attachment)
We currently have twelve International plow trucks in our fleet and have always
received excellent service from Woodland International. Their close proximity to the
city yards is also beneficial when we need repair parts or warranty work.
In accordance with established purchasing policy, I am requesting that we
purchase two cab & chassis from Woodland International.
1
2 Plow Truck
- - - - - - - - - -
-- Cab
- -&-Chassis
- - - - - - -
Bid Model
f---- - - - - - - - - -
Woodland International
-
$ 100,461.96
· - ·----t--1 - - - - - -
International 7 400SFA
27 4 W. Sherman
- - - - - - - - - - - · · - --+---+ - - - - - - - - - - - · -
Muskegon, Ml 49444- - -
Outhier Truck Center
- - - ------- - - ·-
$101,800.00 Sterling L7501
-----t---1-- - - -
4525 Clay SW
- - - - - - - - - - - - ----t
--+---I - - - - - - - - - - - - -
1--- - - - - - - - - - -l- - - --1--+-- - - - - - - · -
Dermondy Truck Sales __ $ 108,000.00 Peterbuilt 330
1456 28th Street, S.W.
Grand Rapids Ml 49509 -----------j- ------------
- - - - - - -
,_ _ - - - - - - - - · - - - + - -----+---+---·--·------
f------------ - - · - ----t---1-- - - - - - - - - · -
Date: 08/18/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase one 2004 Ford Explorer.
FINANCIAL IMPACT: Total Cost $23,159.19
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of one Ford Explorer from
Fremont Ford.
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 08/20/03
Re: Police Explorer
The Equipment Division has scheduled the replacement of six patrol cars for
2003. The Police Chief has requested that we replace one of the cruisers currently
assigned to the command staff with a special service Ford Explorer.
I have requested prices from area dealers as well as the statewide purchasing
program. The lowest responsible bidder for this purchase is Fremont Ford. (See
attachment)
In accordance with established purchasing policy, I am requesting permission to
purchase one Ford Explorer from Fremont Ford.
1
Equipment Purchase - 2003
!
i
.
Signature Ford . Great Lakes Ford Tonl( Betten & Sons Fremont Ford
3942 Lansing Rd I 2469 Aeele 3839 Plainfield 7148 W. 48th
Tl£ee of Vehicle Per!:Jl Mi 48872 I Mudskegon Mi. 49442 Grand Raeids Mi. 49525 Fremont Mi. 49412
'
2004 Ford Explorer $23,680.50 ! $23,312.00 $25,645.00 I $23,159.19
i
'
'
I
Commission Meeting Date: August 26, 2003
Date: August 15, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developm~
RE: Rezoning request for property located at 1996 W. Sherman
Blvd.
SUMMARY OF REQUEST:
Request to rezone property owned by Shermac, Inc., located at 1996 W. Sherman
Blvd., from B-1, Limited Business to B-2, Convenience & Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommended denial of the request due to lack of compliance with the Master
Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 8/14 meeting.
The vote was unanimous with T. Harryman and B. Smith absent.
8/15/2003
Commission Meeting Date: August 26, 2003
Date: August19,2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Public Hearing to Review 2002-2003 Consolidated
Annual Performance Evaluation Report (CAPER)
SUMMARY OF REQUEST: To conduct a public hearing on August 26,
2003 to review accomplishments and receive comments from the public
concerning the 2002 - 2003 CAPER developed by the Community and
Neighborhood Services department.
After the public hearing has been conducted and all the comments have
been documented, the CNS office request that the Commission direct
the CNS staff to submit the required documents to HUD in compliance
with 24 CFR 91.520, by no later than August 31, 2003.
FINANCIAL IMPACT: The City is required to submit the CAPER report
in order to continue receiving CDBG and HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to gather comments from
the public and to submit the CAPER to HUD after the public comment
period has elapsed.
COMMITTEE RECOMMENDATION: None
City of Muskegon
CAPERS Three-(3) Year Overview
CDBG Entitlement
2000-2001 1,387,000
2001-2002 1,348,000
2002-2003 1,376,000
2003-2004 1,217,000
CDBG ENTITLEMENT
1,400,000
1,350,000
1-= F
I
1,300,000 J.
1,250,000
I I
I
1,200,000 - -= I-
1,150,000
I I-
1,100,000
I
2000 2001 2002 2003
HOME Entitlement
2000-2001 513,000
2001-2002 572,000
2002-2003 571 ,000
2003-2004 342,000
HOME ENTITLEMENT
600,000
500,000
400,000
300,000 • Fiscal Year
Allocation
200,000
100,000
2000 2001 2002 2003
CDBG Funded Demolitions
2000-2001 26
2001-2002 44
2002-2003 15
DEMOLITIONS
Low / Moderate Percentage Funding
2000-2001 70%
2001-2002 75.5%
2002-2003 82.4%
Public Services Funded
2000-2001 5
2001-2002 10
2002-2003 14
Administration Funding
2000-2001 11.2%
2001-2002 11.2%
2002-2003 11.8%
In fiscal year 2002-2003 the U.S. Department of Housing recaptured $434,000
because of an issue involving the 1998 HOME entitlement.
Minority Female Contractors - $22,632.23
Local Contracting Spending - $382,280
Not including allocation to general contractors, subrecipients and CHDO
. '
I
I
.; ,
I .r
1
I
l City of Muskegon
2002-2003
Consolidated Annual Performance Evaluation
Report
!. I I
I l
'
' ! -4..
Submitted HUD
August 31, 2003
Table of Contents
Page
Introduction 1
2002 -2203 Perfo1mance Report 1
Strategic Goals and Objectives 1-3
CDBG/HOME Funding 4-5
Analysis 6-7
Expenditures 7-8
CDBG Activities 8-14
HOME Activities 15 -20
Special Projects 21 -22
Vinyl Siding Activity 22
Demolition Activity 22-23
Emergency Activity 23-24
Affirmative Marketing Policy 24
Leveraging Resources 24
Evaluation 25
Rental Inspections 25
Continuum of Care 25-27
Impediments/Analysis 27-28
Minority Recruitment 28-29
Lead Base Paint 29
Public Comments 29
The City of Muskegon completed its 2002- 2003 fiscal year on May 31, 2003. The 2002 - 2003
fiscal year was the 29th year that the City of Muskegon received Community Development Block
Grant funding awarded through the U. S. Department of Housing and Urban Development. The
2002 - 2003 fiscal year was also the third year of the City of Muskegon's activities under the
2000 - 2004 Consolidated Plan which was approved by HUD in June of 2000. The Consolidated
Plan is the City's required five year "steering devise" as well as a "measuring stick" to determine
how the City of Muskegon is meeting its stated goals and objectives as developed in the
Consolidated Plan. The main areas of objectives that were established in the City's Consolidated
Plan were housing issues, economic development, neighborhood improvement issues,
community health issues and public services facilities upgrading.
2002 - 2003 Performance Report
The intent of the 2002 - 2003 Consolidated Annual Performance Evaluation Report (CAPER) is
to illustrate the City of Muskegon's Community and Neighborhood Services department's
accomplishments as well as the City's subrecipients and Community Housing Development
Organizations (CHDO).
The City of Muskegon's Community and Neighborhood Services department is proud that in
partnership with the private sector and the nonprofit community significant progress is being
made in the City of Muskegon in housing rehabilitation, new affordable housing, blight
elimination, public improvement, social services and general administration improvements.
City of Muskegon Consolidated Plan 2000 - 2004
Strategic Goals and Objectives
1. To work with and to support the City's Community Housing Development Organizations
(CHDO's) and other public services in the community to increase homeownership
opportunities for low and moderate-income residents.
2. To work with area nonprofit, realtors and builders to increase the availability of low,
middle and upper-income housing in the community.
3. To improve the City's aging housing stock through rehabilitation efforts either through
the City's Rehabilitation programs, the Infill program or through one of the programs of
the local CHDO's.
4. To assist local developers when and where possible with the construction of mixed
housing in Muskegon neighborhoods especially those targeted to low/moderate-income
neighborhoods with a surplus of vacant land.
5. To work with the Muskegon Housing Commission when economically feasible and
logistically possible to improve its overall HUD rating and to eliminate its supply of
vacant structures.
I
Economic Development
1. To work with public service agencies, local educators, employers and others to increase
the availability of a local skilled workforce and support efforts to develop training
programs.
2. To continue to work to develop the City's Brownfields in order to increase the
developable land within the community in the areas of industrial, residential and
commercial.
3. Increase the development of the City's lakeshore area in order to increase the tourist
appeal of the community.
4. To work with other agencies, organizations and non-profits to increase the number of
small businesses in the community, especially small businesses owned by minorities and
females.
Neighborhood (Non-Housing)
1. To assist the City's Leisure Services department, local school systems and other local
non-profits to increase activities in the community for local youth and families by
upgrading current facilities and programs when economically feasible.
2. To work with local enforcement agencies, public services, neighborhood organizations
and members of the religious community to improve the quality of life throughout
Muskegon neighborhoods especially the low/moderate-income neighborhoods.
3. To work with established organizations, committees and developers to increase the retail
opportunities throughout the City of Muskegon with special concentration on the
downtown and other low and moderate-income neighborhoods within the City.
4. Work to improve and upgrade city equipment in the area(s) of public safety (i.e., fire,
police, public works etc.)
5. Work with the local health community and other neighborhood organizations within the
city to improve the overall health of the City of Muskegon residents especially the low-
income, elderly and the minority population.
2
Housing Objectives
Priority I. To allocate at least the required amount of HOME funding to area CHDO's to
assist low-income residents with down-payment assistance and increase their
ability to obtain mortgages.
Priority 2. By working through the City's Infill project to increase the number of new homes
constructed within the targeted areas.
Priority 3. Rehabilitate owner-occupied and rental structures throughout the community.
Economic Development Objective
Priority I. To work collaboratively to increase new employers and availability of skilled
workforce.
Priority 2. Increase developable land in the areas of commercial, industrial and residential.
Priority 3. Increase number of small businesses.
Neighborhood (Non-Housing) objectives
Priority I. Increase Leisure Service activities/facilities.
Priority 2. Improve quality of life in low/moderate-income neighborhoods.
Priority 3. Increase neighborhood retail opportunities.
Priority 4. Improve and upgrade city public safety equipment.
Priority 5. To continue to work with and when possible supply financial assistance to
subrecipients in the health field.
3
Community Development Block Grant/ HOME
During fiscal year 2002-2003, the City received $1 376 000 in Community Development Block
Grant (CDBG) funding from HUD. The City also received $137 000 in funding under the
HOME Ownership Partnership Program plus additional $220,000 in program income. The total
amount of federal funding that the City of Muskegon received through the CDBG AND HOME
programs during fiscal year 2002-2003 was:
2002-2003 Community Development Block Grant fimd revenue budget:
Entitlement $1,376,000
Reprogrammed funds $ 139,426
Program Income $ 174 899
Total $1,569,152
I. Housing Related Activities $575,000 36.4%
Amount Allocated Percentage
Community and Neighborhood Services $445,000 28.4%
Amount Allocated Percentage
*Housing Rehabilitation-Emergency Repair $175,000 11.0%
*Housing Rehabilitation-Paint/Siding $155,000 9.8%
*Housing Rehabilitation-Service Delivery $115,000 7.3%
Neighborhood and Construction Services
Amount Allocated Percentage
*Residential Clearance $90,000 5.7%
Community and Economic Development
Amount Allocated Percentage
*Code Enforcement $ 40,000 2.5%
II. Non Housing (Economic Development) $240,000
Amount Allocated Percentage
*Shoreline Drive Bond Repayment $245,000 15.6%
III. Public Improvement Projects $160,000 10.1%
4
Amount Allocated Percentage
*Public Facilitates/Rehab/Lot Cleanup $ 20,000 1.2%
*Sidewalk Assessment $ 45,000 2.9%
* Street Assessment $ 95,000 6.1%
IV. Public Services $200,000 12.79%
Leisure Services
Amount Allocated Percentage
*Recreation Programs $ 70,000 4.5%
Department of Public Works
*Senior Transit $ 45,000 2.9%
*Community Based Organization
a. Muskegon Community Health Project $ 5,000 0.3%
b. Red Cross $ 5,000 0.3%
c. Love, Inc $ 5,000 0.3%
d. HealthCare $ 5,000 0.3%
e. Volunteer Muskegon $ 5,000 0.3%
f Volunteer Muskegon $ 5,000 0.3%
g. West Michigan Veterans $ 5,000 0.3%
h. Legal Aid of West Michigan $10,000 0.6%
I. Oakview Neighborhood $ 3,000 0.2%
J. Higher Achievement Learning Center $12,000 0.8%
K. Muskegon Retirement Apartment $10,000 0.6%
L. Family Service Center "Dads" $10,000 0.6%
V. Administration $175,000 11.2%
Community and Neighborhood Services
*Management & Coordination $175,000 11.2%
* High priority item - 13
** Medium priority item - 0
5
Other Federal Funding received by the City of Muskegon during this fiscal year
FEMA Fire Grant $ 40,000
WEMET $ 34,495
UHP-Distressed Neighborhood $ 89,419
Local Law Enforcement Block Grant $ 53,914
Weed and Seed (Asset Forfeiture) $ 13,548
Bullet Proof Vest Partnership Grant $ 11,851
After School Learning Center $473,353
Emergency Shelter Grant $ 65,000
2002-2003 Proposed CDBG Activity Correlation Analysis
Section 1. Housing - represents the City of Muskegon's continued efforts to improve its
aging housing stock by assisting low/moderate income homeowners and its efforts to improve
the communities overall quality of life especially in the City's low and moderate-income
neighborhoods.
Section 2. Non-housing - represents the City of Muskegon's continuing efforts to improve
its infrastructure and promote economic development activities. Section 2 correlates with
economic development goal 2 and economic development priority 2.
Section 3. Public Improvements - represents the City of Muskegon' s continued commitment
to invest and reinvest in its infrastructure and facilities, which highly meets non-housing goal 4
and non-housing neighborhood priorities I, 2 and 4.
II Section 4. Public Services - represents the City of Muskegon's firm commitment in
supporting community development at the neighborhood level by supporting local non-profits
and public services within the community. Section 4 is significantly correlated with
I neighborhood goals 2 and 5. Section 4 is also significantly equated with neighborhood objective
priorities and neighborhood priority 5.
I Section 5. Administration is highly equated with all goals and objectives associated with the
administrative activities within the 2000-2004 Consolidated Plan.
900,000 1
800,000
100,000 I
soo,ooo I - - - - - - - -
500,000 I
400,000 --------:
300,000
I 200,000
100,000 I
,l
0 ........--r'....................._.................L.....r'
II Ill IV V
6
IV. Community and Neighborhood Services/Engineering
Budget Spent Percentage Spent
Street Assessment $70,000 $71,298 ~/4 .t;v 1'>
Sidewalk Assessment $95,000 $29,989 04f% <o~
V. Leisure Services
Recreation Program $70,000 $75,000 1.00%
VI. Department Public Works/ Economic Development
Senior Citizen Transit $45,000 $ 45,000 1.00%
*Pubic Lot Cleanup $75,000 $ 75,000 1.00%
VII. Community Based Organizations
a. Muskegon Community Health Project $ 5,000 $ 5,000 1.00%
b. Red Cross Senior Transportation $ 5,000 $5,000 1.00%
c. West Michigan Veterans $ 5,000 $2,360 41%
d. HealthCare Project $ 6,453 $6,069 94%
e. Volunteer Muskegon (Mapping) $ 5,000 $ 3,332 66%
f Volunteer Muskegon (KKIS) $ 5,000 $2,616 52%
g. Oakview Neighborhood $ 3,000 $3,000 1.00%
h. Legal Aid of West Michigan $10,000 $7,500 75%
I. Higher Achievement learning Center $12,000 $9,000 75%
J. Muskegon Retirement Apartment $10,000 $9,815 98%
K. Family Service Center "Dads" $10,000 $7,000 70%
L. Child Abuse Council $ 5,000 $2,047 41%
* increase to $75,000 after fiscal year had started
2002-2003 Subrecipient Activity
During fiscal year 2002-2003, the City of Muskegon awarded $35,000 in CDBG funds to eight
area non-profits.
1. Muskegon Health Care Project - $5,000.
Activity: Health screening and preventive advocacy.
Number served ~ nt.\
Low Income 1761
Female Head of Household 618
Over 62 1055
White 371
8
Black 1066
Hispanic 31
Other 293
2. Muskegon Community Health Project - "Miles of Smiles" - $5,000.
Activity: Supplied mobile dental unit to assist low-income youngsters with dental
services.
Number Served 224
Extremely Low 224
Female Head of Household 32
White 73
Black 94
Hispanic 47
Asian 4
American Indian 6
4. American Red Cross - Senior Transportation - $5,000
Activity: To provide transportation for area seniors to health related facilities.
Number Served 214
Extremely Low Income 88
Very Low Income 79
Low Income 20
Female Head of Household 164
Senior Citizen (over 62) 193
White 137
Black 70
Hispanic 6
Native American 3
5. Oakview Neighborhood Association - $3,000.
Activity: Repairing of roof at the neighborhood center.
Number Served 523
Extremely Low Income 210
Very Low Income 130
Low Income 183
Female Head of Household 123
Senior Citizen (over 62) 193
White 180
Black 36
Hispanic 76
Native American 38
Undocumented
9
6. West Michigan Veterans Inc. - $5,000.
Activity: To offer a food bank to low-income Veterans and their families and
transportation assistance to health facilities for Veterans and family members.
Number Served 541
Extremely Low Income 30
Very Low Income 124
Low Income 385
Senior Citizens (over 62) 64
Female Head of Household 26
l 7. Volunteer Muskegon - "Keep Kids in School" - $5,000
Activity: Grassroots volunteer program to stop truancy.
[ Number Served &4'17
Low Income 32
Very Low Income 12
Extremely Low Income 0
Female Head of Household 34
Senior Citizens (over 62) 0
White 12
Black 18
Hispanic 14
8. Volunteer Muskegon - Youth Volunteer Corps - $5,000
Activity: Youth volunteers used to do asset mapping in city neighborhoods.
Number Served 72
Extremely Low Income 10
Very Low Income 24
Low Income 38
Female Headed Household 16
Senior Citizen (over 62) 0
White 43
Black 24
Hispanic 5
9. Child Abuse Center - $5,000
Number Served 69
Extremely Low Income 27
Very Low Income 23
Low Income 18
Female Headed Household 41
Senior Citizen (over 62) 0
10
White 55
Black 11
Hispanic 0
Biracial 3
10. Higher Learning Achievement Center - $12,000
Number Served 12
Extremely Low Income 7
Very Low Income 3
Low Income 2
Female Headed Household 12
Senior Citizen ( over 62) 0
White 1
Black 4
Hispanic 0
Other 7
11. Muskegon Retirement Apartment - $10,000
Number Served 156
White 143
Black 5
Hispanic 3
Female Head of Household 95
Over 62 143
Low Income 0
Very Low Income 6
Extremely Low Income 137
12. Family Service Center 'Dads' Program - $10,000
Number Served 142
White 15
Black 123
Hispanic 4
Female Head of Household 0
Over 62 1
Low Income 14
Very Low Income 18
Extremely Low Income 109
13. Legal Aid of West Michigan - $10,000
Number Served 73
White 37
Black 28
11
Hispanic 4
Other 4
Female Head of Household 44
Over62 12
Low Income 27
Very Low Income 23
Extremely Low Income 23
Sidewalk Assessment Relief
The City assisted 46 Sheldon Park residence with sidewalk assessment relief. Fiscal year total
assessment for Sheldon Park (census tract 4) for the approved applicants totaled $29,989.92.
Breakdowns of the addresses assisted are the following:
Street Number Street Name COST
1001 Catherine $132.50
986 Catherine Ave $132.50
1226 Langeland Ave $235.85
1312 McLaughlin $291.50
943 Catherine Ave $132.50
1354 E. Isabella $397.50
922 Orchard $132.50
972 Catherine Ave $662.50
965 Amity $159.00
984 E. Isabella Ave $265.00
1216 E. Apple Ave $662.50
1155 Calvin Ave $1,510.50
1260 E. Isabella Ave $397.50
850 Amity $993.69
918 Amity $795.00
829 Ada Ave $265.00
1145 Calvin Ave $1,489.30
1236 Howard Ave $265.00
966 Amity $927.50
1052 Langeland $132.50
1325 Creston $265.00
872 Orchard $154.56
904 Amity $1,104.12
1081 McLaughlin $662.50
1172 Frances $5,013.80
861 Oak $662.50
915 Orchard $132.50
954 Catherine $530.00
984 Ada $1,802.00
936 E. Isabella $1,022.90
12
1048 Ada $530.00
951 Catherine Ave $795.00
1387 Flower $397.50
1306 Howard $132.50
1111 E. Apple Ave $662.50
1201 Frances $132.50
1380 Catherine $265.00
1254 Calvin $397.50
940 Stevens $341.85
1086 Oa kg rove $405.45
1210 Allen $265.00
1025 Ada $575.05
1312 Catherine $265.00
1059 Ada $728.75
846 Stevens $927.50
936 Catherine Ave $662.50
929 Catherine Ave $265.00
1051 Calvin Ave $222.60
861 Amity $287.06
860 Catherine Ave $1,007.00
1208 Francis Ave $132.50
1350 Oakgrove $1,987.50
1260 Allen Ave $148.40
896 Oak Ave $397.50
1475 Calvin Ave $530.00
Street Assessment Relief
The City assisted 30 residence with street assessment relief. Fiscal year total assessment for the
approved applicants totaled $71,298.20 breakdowns of the addresses assisted were the following
Street Number Street Name
2217 Sherin $1,251.05
2226 Sherin $2,028.00
2230 Sherin $1,928.40
834 Wilson $1,376.80
828 Wilson $1,376.80
968 Wilson $1,342.38
882 Wilson $4,138.58
2083 Henry $2,271.84
2111 Dowd $2,161.58
829 Wilson $3,596.22
1005 Washington $2,017.43
1440 Franklin $1,799.33
1032 Washington $1,799.33
1022 Washington $899.66
13
1533 Division $891.00
862 W. Southern Ave $1,026.00
1467 Division $666.00
1468 Division $936.00
827 W. Southern Ave $1,062.00
695 W. Southern Ave $900.00
193 Houston $594.00
2331 Leon $2,815.96
2187 Miner $5,721.25
2200 Miner $2,915.93
I 2221 Leon $2,650.45
2201 Harding $3,061.90
1347 Terrace $2,399.10
l 1232 Terrace
1441 Ridge
$2,399.10
$607.75
1810 Jefferson $1,197.00
Of the $1,569,152 CDBG dollars spent last fiscal year by the City of Muskegon $1,385,256 or
82.4% was for low/moderate-income activities. This data illustrates the City of Muskegon's
continuing efforts to address the needs of our low and moderate-income residents and how those
activities correspond to strength and improvement of the overall economic health of the
community.
CDBG Low / Mod Statistics
100.00% · l -
80.00%
·'--~~:::::?"----- -- - -- -- -- ---__...;
60.00%
Percentage
40.00%
20.00%
0.00% ~--L..--M:;---,,---....L_---K:-~ - -- ----,--- - --(
Low/Mod Other
14
City of Muskegon HOME Activity Budget
During fiscal year 2002 - 2003, the City of Muskegon received $137,000 in HOME funding plus
$256,000 ofpro1,>ram income. The funding was allocated in the following manner.
Program Administration $ 57,100
Neighborhood Infill Housing Program $ 50,000
Tax Reverted Rehab $ 35,000
Tax Reverted Infill $ 50,000
CHDO Support Services $165,000
HOME Correlation Analysis
Program Administration is in direct correlation with all four (4) Housing Goals from the 2000 -
2004 Consolidated Plan (CP) and all Housing Objectives.
Neighborhood Infill program is in direct correlation with goals 2, 3, and 4. The category is also
significantly correlated with Housing Objectives Priority 2.
Tax-Reverted Rehabilitation is directly correlated with goals 2 and 3 while this activity is also
directly related to Housing Priority 3.
Tax-Reverted Infill is directly correlated with goals 2 and 4. Housing Priority number 2 is
significantly related.
CHDO Support Services is in direct correlation with Housing Goal 1 and Housing Objectives
Priority I and Priority 3.
High Priority 100%
Medium Priority 0%
Low Priority 0%
HOME Infill New Construction and Total Rehabilitation
During fiscal year 2002 -2003 the City of Muskegon Community and Neighborhood Services
department designed, built and sold all four projects under the City's New Construction Infill
programs and or total rehabilitation program. Which produced approximately $220,000 of
program mcome.
15
Operation Rejuve-Nation AKA Operation J-Hill
Operation Rejuve-Nation
a.k.a. J-Hill Final Phase
During fiscal year 2001-2002 the City built two new homes in the Jackson Hill neighborhood a
former Urban Renewal area. Those homes became the catalyst for other development in the area
from the private market a previous neighborhood store reopened after years of abandonment and
the private market built three new high-end homes. During fiscal year 2002-2003 the City built
its last home in the Jackson Hill neighborhood under the title of Operation Rejuve-Nation a.k.a.
J-Hill Final Phase the ranch style home has continued the neighborhood revitalization of the
neighborhood. The City first obtained ownership of a tiny obsolescent home that was on the
City's dangerous building list , demolished it and in its place built a beautiful ranch style home.
The home has since become the home to a young widow and her two children.
Homebuyer Demographics Race Income level Size of Household
Female head of household African American Low80%< 3
Operation New Life
"Operation New Life" was the total rehabilitation of a blighted home that the city obtained
through the foreclosure process. The structure had for a number of years been a negative
16
influence on the neighborhood. Once the City received full ownership of the property the
rehabilitation was started. The once blighted influence of 322 Amity is now a testament to the
revitalization of the Angel neighborhood, the true beauty and forte of the City's older housing
stock and the city's commitment to the revitalization of its central core neighborhoods. The total
rehabilitated home located at 322 Amity is now owned by a single working mother who grew up
a few doors down on Amity Street and her four children. The owner and the home are starting a
new life together at 322 Amity thanks to the City of Muskegon HOME rehabilitation program.
Homebuyer Demographics Race Income level Size of Household
Female head of household African American Extremely Low 30%< 4
Wood Street Revival
-
\ \ .:ff;
.·'
i
/ '
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. ..... '
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!
The Wood Street revival project was probably the City of Muskegon Community and
Neighborhood Services office most ambitions project during the 2002-2003 fiscal year. The
home at 850 Wood had spewed blight on the Angel neighborhood for as long as most residents
can remember. But behind the chipping paint, boarded up windows and several layers of old
paint was a beautiful American Gothic home one of only two remaining in our City according to
our local historic district committee.
So the City of Muskegon purchased the home at 850 Wood from John Wesley AME Zion
Church and began the process of revealing the diamond in the rough that resided at the corner of
Wood and Orchard. The results of the rehabilitation were far beyond what was envisioned by
staff and the selected contractor. The home at 850 Wood has returned to its former majestic
status with almost every feature rehabilitated to its' original glory. The home recently sold to a
single gentleman who is a recent new comer to the Muskegon community. The beautiful home at
850 Wood is another true testament of what can be accomplished when a community is willing
to invest its' funding and creative energy to a project instead of looking at only the wreaking ball
as the means to eliminate blight from a community
17
Homebuver Demographics
Homebuyer Race Income level Size ofHousehold
Single male White Low80%< 1
* Owner did not close on property until after the new fiscal year had begun.
Good Neighborhood Program
I I
I j
I
I ,
The City of Muskegon was able to acquire 1838 Jarman from the U.S. Department of Housing
and Urban Development through the Good Neighbor Program. The guidelines of the program are
I I that if a house is owned by HUD and is on the open market for longer than six months. A local
municipality can obtain that house for $1.00 (one dollar). The municipality is then responsible
for rehabilitating the structure up to code and then assuring that the home becomes occupied by a
I first time home buyer. 1838 was the City of Muskegon's first opportunity to take advantage of
the Good Neighbor program and by all measures the final outcome was a success. The home at
850 Wood was totally abated for lead base paint and then totally rehabilitated. The new owner is
a single mother who formerly rented a scattered site home owned by the Muskegon Housing
Commission.
Homebuyer Demographics
Head Race Income level Size of Household
Status
Female head of household African American Very Low 30%< 3
18
Rental Rehabilitation Program
The City's Rental Rehab program offers assistance to rental property owners in the City of
Muskegon by providing up to $30,000 to match the owner's contribution to the project(up to
14,999 per unit) in order to make necessary improvements and upgrades to make the unit safe
and affordable.
Rental Rehab Projects Fiscal Year 2002-2003
Address Number of Units Home Contribution
834 E. Dale 1 $ 9,994
1376 Francis 1 $13,760
Community Housing Development Organization Activity
Bethany Housing $63,000
Activity: Purchased and rehabilitate one homes for transitional program
Address Purchase price
1. 1440 Clinton $24,743
Neighborhood Investment Corporation $75,000
Activities: Homebuyer rehabilitation and homeowner rehabilitation
Homebuyer Rehab
Address HOME funds used
1209 Ducey $ 5,000
1054 Ada $ 5,000
713 E. Larch $10,000
1067 Pine $ 5,000
19
Homeowner Rehab
Address Home funds used
2124 Crowley $11,108
Down-payment assistance
Address
1838 Jarman $1,364
Demographics of Clients
Female 3
Male 2
Extremely low income 1
Very low income 3
Low income 2
Black 2
White 3
Hispanic 1
Trinity Village Nonprofit Housing
Activity: Acquisition and rehabilitation /Down-payment assistance
Acquisition & Rehabilitation
Addresses Purchase price Rehab Cost
1553 Smith $27,095 $18,561
Number of Families Served 1
Female headed Households 1
White 0
Black 1
Low Income 0
20
Special Projects
Faith Based Initiative
The City of Muskegon has responded to the President and HUD's Secretary Martinez call to
establish partnerships with the religious community. During the 2002-2003 fiscal year the City of
Muskegon continued its partnership with the North American Mission Board an outgrowth of the
Southern Baptist Church which sponsors a youth urban ministries called World Changers. The
World Changers program participates in approximately 85 different communities throughout the
United States, Canada, and the Caribbean.
i
The mission of the World Changers program is to bring youth from around the country into
urban communities to do home rehabilitation repair work for low-income and senior citizens for
no charge. The World Changers project illustrated a citywide partnership between the Muskegon
Public School system which supplied housing and board for the students. Along with several
local churches that open their doors to offer the students and their supervisors a place to worship
and eat. The City of Muskegon allocated CDBG funding for materials for the projects
Emergency repair program.
A total of 330 students from around the country came to the City of Muskegon under the World
Changers banner to repair roofs, porches, build handicap ramps and to assist the less fortunate.
The City of Muskegon was able to assist 16 households mostly senior citizens in the one-week
blitz in the City of Muskegon .
•
21
A list of homes completed during World Changers week 2002 is the following:
1064 Fleming 1052 Calvin 979 Emerson 697 Wilson
1041 Fleming 1065 Emerson 2490 Lincoln 2264 Crowley
1032 Albert 1693 Mcilwraith 1533 Hoyt 759 Young
1087 Ada 2142Crowley 2239 Beidler 1218 Frances
2002-2003 Vinyl Siding Activity
A total of thirty-five households in the City of Muskegon received vinyl siding on their homes
through the Community and Neighborhood Services Siding Rehabilitation program.
Addresses of homes that received vinyl siding last fiscal year are as follows:
1. 380 Catawba 5. 741 Young 9. 740 Wesley 13. 759 Young
2 . 241 Harding 6. 697 Wilson 10. 747 Lyman 14. 1995 Eighth
3. 1980 Ninth 7. 708 Wilson 11. 2268 Lincoln 15. 1110 Washington
I 4. 846 Catherine
17. 829 E. Forest
8. 1478 Park
22. 212 E. Apple
12.
27.
2481 Philo
850 E. Dale
16.
32.
1584 Smith
955 W. Laketon
18. 412 Washington 23. 1711 Terrace 28. 1223 Ducey 33 . 2283 Morton
I
19. 338 Mason 24. 786 W. Forest 29. 1590 Beidler 34. 1383 W. Laketon
I
20. 1373 Langeland 25. 1693 Ray 30. 1362 Pine 35. 1373 Pine
21. 1865 Wood 26. 2126 Letarte 31. 1349 Francis
Clearance Program
J
I
22
Evaluation: During fiscal year 2002-2003, the City of Muskegon has allocated a significant
amount of time supplying its staff and CHDO with technical assistance. Fiscal year 2002-2003
also revealed that the number ofrehabilitation projects (emergency and siding projects) increased
significantly from recent prior years. The City has continued to make a neighborhood impact in
regards to its total rehabilitation program through its HOME program which has not only save
several structures in the community that were in jeopardy of being demolished, but also
established those structures as anchor projects in reference to the areas overall neighborhood
revitalization efforts. The City's Infill program continues to not only eliminate blight from the
area but also increase the overall economic value of the area as illustrated by the increase in
economic condition factors in the neighborhoods where infill has taken place. The infill program
has brought young working families back to neighborhoods where just a few years ago they by
passed as possible areas to invest in. The Infill program has shown non-subsidy eligible home
investors that these areas are excellent areas to invest. Which is why we seeing a true renaissance
going on in many of our central neighborhoods. Some of the changes that we are witnessing are
initiatives from the private market e.g. the reopening of neighborhood stores, significant
renovations being done on private owned housing, and the interest of private developer to want
to invest in many of our central neighborhoods.
Rental Inspections
The City's department of Neighborhood and Construction Services has an on going system for
inspection of all rental housing units on a four year basis, which is part of its overall housing
code enforcement program. There were 2 HOME assisted rental rehabilitated projects
committed and completed this fiscal year. There was no HOME rental rehabilitation inspections
conducted in 2002-2003.
Continuum of Care
The Muskegon County Continuum of Care Network is an integrated advocacy and service
delivery that mission is to reduce homelessness and promote home permanence. The strategy
document articulates the planning process that frames the work of network. It is a snapshot of
Muskegon County at a particular point in time yet reflects the best thinking of the service
providers, consumers and government agents who have participate in the network will take in the
next 12 months and reflects a priority to secure transitional supportive housing and services with
emphasis on I 6-24 year old youth, disabled persons and families. The rationale for these
priorities is outlined in this continuum document and addressed in the MCCCN' s 2003
supportive housing proposal to HUD.
The Muskegon Continuum of Care has evolved from a funding document written by core
agencies ( 1997) to support unilateral program design to an integrated system of interdependent
providers consisting of 57 formal members the network has a protocol to conduct business,
standing meetings and is developing formal referral and universal intake procedures. In 200 I,
the Network expanded membership to involve all key players. City governments and the County
25
of Muskegon are members of standing committees as well as funders, public housing providers
and consumers. In addition to information sharing, the standing committees routinely monitor
the continuum of care is not the document but the network strategy that it articulates. Through
the strategy, the network will promote home permanence and reduce homelessness.
The network is coordinated through a steering committee that acts with direction from the
membership to ensure that the network is comprehensive and inclusive, The MCCCN structure
including give standing committees. The purpose of these committees is to focus on specific
critical components of the continuum to insure accurate and inclusive planning. The following is
a description of those committees, their function and membership.
• Emergency needs committee leads monthly miracles, case managers and emergency food
pantries meeting monthly to discuss the communities food/clothing/utility needs. This group
is chaired by an individual from Representative Peter Hoekstra's (U.S. House) office and is
staffed by the United Way through the Muskegon County FIA Emergency needs program
and FEMA. This linkage is critical for both distribution of resources and advocacy members
include food pantries, soup kitchens, shelters, drop in centers, and church groups who meet
monthly to monitor the utilization and capacity of these resources.
Case managers meet monthly and include hands on case managers from a variety of
organizations. The committee serves as a "barrier buster" when obstacles are identified for
homeless individuals. In addition, this group has a strong advocacy mission bringing the
needs of the homeless to the steering Committee the full MCCCN and to the family
coordinating council.
Emergency and Transitional sheltering meets quarterly to coordinate services and to
maximize available resources members include shelter providers and community advocacy
organizations (i.e. Community Action Against Poverty) and provides vital links to homeless
consumers. This group is focussed on operating a seamless system for homeless individuals
to support successful transition when issues or opportunities emerge, group members hold
focus groups and key informant interviews with consumers for input. In addition, consumers
are often invited to work with the committee to create strategies and decision concerning
service delivery or issue advocacy.
• The Housing Consortium meets quarterly with a focus on permanent housing issues, capacity
and utilization of housing units, Section 8 performance and the integration of the Continuum
with the City of Muskegon Consolidated Plan as well as Muskegon Heights and Norton
Shores.
• The health Committee is responsible to articulate both the health needs of homeless
individuals and strategies to meet those needs. It meets on an ad hoc basis. This group is
linked to the Muskegon Health Project that coordinates health coverage for the uninsured, MI
Child and other related outreach services systems.
26
During fiscal year 2002-2003 The Muskegon County Continuum of Care was awarded a total of
$65,000 dollars for Emergency Shelter activities those agencies that received funding were
Bethany Housing $23,870
Every Women's Place/Webster House $27,749
West Michigan Therapy $13,581
Needs Impediments/Analysis
The results of the community survey conducted for this analysis indicates that across various
interest and geographic sections of the community, local perceptions of significant barriers to fair
housing choice in the Muskegon area are split between economic and social factors which are
frequently inter-connected and after are not related or are indirectly related to those specific
classes and characteristic covered as matters of federal, state and local fair housing laws.
Taken as a whole survey respondents noted economic factor of insufficient income and poor
credit as significant barriers to housing choice and were relatively split (strong agreement vs.
strong disagreement) as to whether ones race ethnicity family size or disability affected housing
choice. Related factors such as unstable employment and are insufficient supply of affordable
housing are directly connected to widespread concern regarding income levels inadequate to
support hosing preferences an in the opinion of survey respondents, negatively impact housing
choices in the Muskegon area. Although such factors are not by definition related to fair housing
laws as written, they are strongly correlated to protected categories of individuals with
disabilities and are also reflected in the protected categories of families with children and
particular racial and ethnic minority groups.
Survey results demonstrate that broader Muskegon community's belief that economic factors
drive neighborhood segregation more significantly than do racial, ethnic or other characteristics,
with income disparity among racial and ethnic groups and persons with disabilities controlling
housing choice more than any other factor. The study recommends sustained outreach and
education efforts directed at housing industry professional and consumers and a corresponding
effort among government and advocacy organizations to present housing issues and information
is ways that increase levels of public awareness regarding housing support programs and their
role in overall community health.
The fundamental recommendations put forth in the 2002 Analysis of Impediments to Fair
housing choice for the Muskegon, Michigan metropolitan area, fall into three main categories of
information, education and enforcement.
27
Muskegon Tribune Newspaper African American Yes
wuvs Radio Station African American Yes
Gawlick Construction Construction Majority Yes
Cutting Edge Construction Majority Yes
Modisette Concrete Concrete Contractor African American Yes
Earth Brothers Landscaping Majority Yes
*Local owner is determined by business being located in Muskegon County
I Lead Based Paint
[ The City of Muskegon has made it policy that any home assisted by the department that is not
being assisted under the emergency program must be tested for lead based paint. A risk
assessment is conducted to determine if any hazard evidence of lead exist. If so, the City then
I contracts with a licensed .... '
lead properly removed. A - - - - - : - , .. f.w_ '
·· · /i / t(- J':' abatement firm to have the
clearance must be conducted
at the end of the project to assure that there is no
evidence of harmful lead remaining in the structure.
The City has worked diligently to train area
contractors concerning the lead based paint issue as well
as the CNS rehabilitation 11t............._ staff The lead base paint
activity for last fiscal year ,.._--"""'"' was the following:
Lead Inspections/Risk Assessments - (9) Abatements - (4) Clearances - (6)
1519 Clinton 1115 Sanford 850 Wood
1115 Sanford 834 E . Dale 322 Amity
834 E. Dale 456 Apple 1115 Sanford
1160 Ransom 322 Amity 834 E. Dale
456 Apple 456 Apple
1732 Seventh 1349 Francis
1123 Chestnut
503 Octavius
3 51 Erickson
Total Cost - $4,000 Total Cost - $64,664 Total Cost - $1,900
Public Comments
29
Commission Meeting Date: August 26, 2003
Date: August 19, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c0c.
RE: Temporary License Agreement for
Communications Connection- Edison Landing
SUMMARY OF REQUEST: The Temporary License Agreement allows
GVSU the right to construct a temporary communication connection
across property currently owned by the City/LDFA and Lakefront LLC.
The connection consists of temporary above ground poles supporting
telecommunications, fiber optic, or other lines necessary to meet the
communication requirements of the MEG facility. The permanent
communications connection will be built at a later date, and will facilitate
communications throughout Edison Landing.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the "Temporary License
Agreement for Communications Connection" and authorize the Mayor to
sign the Agreement.
COMMITTEE RECOMMENDATION: The Local Development Finance
Authority will meet on August 26 to consider approval of the Agreement.
2003-70(a)
Temporary License Agreement
for
Communications Connection
This Temporary License Agreement for Communications Connection
("Agreement"), effective July I, 2003, is made by The City Of Muskegon, a Michigan
municipal corporation ("City"), whose address is 933 Terrace Street, Muskegon,
Michigan 49443-0530, the Muskegon Local Development Finance Authority, a
Michigan local development finance authority ("LDFA"), whose address is 933 Terrace
Street, Muskegon, Michigan 49443-0530, Lakefront Development, LLC, a Michigan
limited liability company ("Lakefront") and Grand Valley State University, a Michigan
institution of higher education ("University" or "Licensee"), whose address is 158 Lake
Michigan Hall, Allendale, Ml 49401.
BACKGROUND
A. The University has requested that the City and Lakefront license the
University the right to construct a temporary communication connection ("Connection")
across property currently owned by the City and Lakefront (collectively, "Licensor")
from a certain demarcation point identified on the attached Exhibit A to the University
within which the University can provide telecommunication service to the Michigan
Alternative and Renewable Energy Center ("MAREC").
B. The route of the Connection shall located above and below ground along
the pathway legally described on Exhibit B (the "Property") and depicted on Exhibit A.
C. The City, the LDFA and Lakefront are willing to license the University
the right to construct the Connection in accordance with the terms and conditions of this
Agreement.
Therefore, the parties agree as follows:
I. License. The Licensor grants to Licensee a revocable license to access the
Property and construct, at Licensee's sole expense, a temporary communications
connection. The Connection shall consist of temporary above ground poles supporting
telecommunication, fiber optic, or other lines necessary to meet the communication
requirements at MAREC ("License").
2. Scope. The License shall permit the University to construct, repair,
reconstruct, maintain, operate, and/or remove the Connection and other related devices,
fixtures, equipment, marker posts, and appurtenances which may from time to time be
reasonably appropriate. The University agrees to exercise due care in the course of its
construction activities, to restore in a good and workmanlike manner all property
disturbed by it, and to require that any contractor performing work on behalf of the
University name the City, the LDFA and Lakefront as additional insured parties.
3. Changes to the Route. If at any time after the date of this Agreement,
any of the City, the LDFA or Lakefront desire to relocate the Connection as it crosses
their property, then, upon at least sixty (60) days prior written notice to the University
and at such property owner's own expense, the route of the Connection may be relocated
and the communication lines moved. Any relocation of the Network shall be done at a
time reasonably acceptable to the University.
4. Indemnification. Licensee shall indemnify and hold Licensor and the
LDFA harmless from any and all liability, damages, costs and expenses (including
attorney fees) of any kind whatsoever associated with the Connection or resulting from
any injury caused in whole or in part on or about the Connection or due in whole or in
part to the existence of the Connection. Any construction lien filed against the property
on which the Connection is located for work claimed to have been done or materials
claimed to have been furnished to the University shall be discharged by the University
within thirty (30) days after the University receives notice that such lien is filed.
5. Termination. The City or Lakefront may terminate this License by
providing a permanent communications connection to the boundary line of Unit C,
Muskegon Lakeshore Smartzone, a Site Condominium. Within sixty (60) days of
providing written notice to Licensee that the permanent communication connection has
been provided, Licensee shall, at Licensee's sole cost and expense, remove the
Connection and all improvements related to such Connection and restore any resulting
damage to the Property to the satisfaction of Licensor. The Licensee shall have the right
to terminate the License at any time.
6. State, Federal, and Local Compliance. Licensee agrees and warrants
that Licensee's use, maintenance and removal of the Improvements and the restoration of
the Property shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances of any kind, including but not limited to environmental laws,
rules, regulations and ordinances, and Licensee shall indemnify and hold Licensor
harmless from any and all damages, costs and expenses (including attorney fees) of any
kind whatsoever resulting from the failure of Licensee to comply with any such laws,
regulations and ordinances.
7. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of Michigan and the parties agree that the Circuit Court for the
County of Muskegon shall have exclusive jurisdiction with regard to any dispute that
may arise from this Agreement.
8. Modifications; Non-Waiver. This Agreement shall not be amended or
modified except by an instrument duly signed by all the parties. Waiver of a breach of
any provision under any circumstances will not constitute a waiver of any subsequent
breach of such provision, or of a breach of any other provision of this Agreement.
9. Invalidity; Severable. If any provision of this Agreement shall to any
extent be finally found by a court of competent jurisdiction to be invalid or
unenforceable, the validity and the enforceability of the remainder of this Agreement and'
each of the other provisions hereof shall not be affected or impaired thereby.
10. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns.
11. Entire Agreement. This instrument recite the entire agreement between
the parties with respect to the subject matter hereof, and shall supersede all other written
or oral discussions, understandings, representations and/or commitments.
By:
Name: .S-N- , r ,
Title: /()1/= o r
Date: ,!I - ;it,;, ·- 03
Muskegon Local Development Finance
Authority
By q:)"K
Name:
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Title: Q.CCQ.~r:::.,
-.,J
Date: 8 / ~CPJ o 3
Gran~Uey State University
By: ~~tf0/d.J
'7_.1n10~111di O. 6dv;u~ . ,
Name:
Title:
Date:
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EXHIBIT A
Site Plan
EXHIBIT A
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EXHIBITB
Legal Description
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LAKE1
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_;,jMATTHEW A. ~
/ TRAXLER \1
P.S. No. 46694 t\
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PROFESSIONAL
SURVEYOR
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THE DESCRIPTION WAS GIVEN TO US BY THE PERSON
CERTIFIED TO, OR WAS PREPARED BY US FROM
<"o •6694 "'~
lNFORMAllON OR DOCUMENTS GIVEN TO US BY THE PERSON
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CERTIFIED TO, AND SHOULD BE COMPARED WITH THE
ABSTRACT OF llll.E OR llll.E INSURANCE POLICY FOR
ACCURACY. EASEMENTS OR EXCEPTIONS.
Date: August26,2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Change Order to Pave Woodlawn Ct.
SUMMARY OF REQUEST:
permission to add the paving of Woodlawn Ct. from Beach street to the N. End onto the
Davis Street contract via a change order. Davis was awarded to Asphalt Paving for a total
additional cost of $7,054.00. the proposed work includes two courses of asphalt & an
asphalt curb. This work is being proposed as a maintenance operation rather than a
construction project and therefor would not involve any special assessment. Furthermore,
the cost to pave Woodlawn Ct. will be subtracted from the final project cost on Davis for
the purpose of spreading the roll.
FINANCIAL IMPACT:
The construction cost of $7,054.00.
BUDGET ACTION REQUIRED
The cost will be from the operation maintenance fund.
STAFF RECOMMENDATION:
Authorize the change order.
COMMITTEE RECOMMENDATION:
CONTRACTOR DATE 08/20/03
CITY OF MUSKEGON
CONTRACTOR ASPHALT PAVING, INC SHEET NO. 1 OF 1 SHEETS
ADDRESS 1000 E. SHERMAN BLVD H-1563, S-580, W-635, DAVIS ST., LAKETON AVE. TO SOUTHERN AVE.
MUSKEGON, Ml 49444 CHANGE ORDER NO. 2
ITEM OF WORK QUANTITY QUANTITY QUANTITY QUANTITY UNIT AMOUNT AMOUNT
DESCRIPTION, REASON, LOCATION UNIT PROPOSAL AS BUILT INCREASE+ DECREASE- COST INCREASE DECREASE
1 TO COVER LABOR & MATL TO PAVE WOODLAWN CT LUMP 0 1 1 $7,054.00 $7,054.00
ORIGINAL CONTRACT PRICE: $120,857.92
The above change is ordered subject to conditions set TOTALS $7,054.00
forth above and the Contract Price is revised from $120,857.92
to $127,911.92 NET+/- S7.054.00
and the Contract Time is not changed.
1. The aforementioned changes, and work affected thereby, are CONTRACTOR APPROVAL CITY OF MUSKEGON APPROVAL
subject to all contract stipulations and covenants.
2. The Rights of the City of Muskegon are not prejudiced.
3. All claims against the City of Muskegon which are incidental to
or as a consequence of the aforementioned change are satisfied, AUTHORIZED REPRESENTATIVE AND DATE AUTHORIZED REPRESENTATIVE AND DATE
PROCEED ORDER ISSUED DATE PRINTED NAME AND TITLE PRINTED NAME AND TITLE
PROCEED ORDER NECESSARY
PREPARED BY
06/17/2003 06:59 2317334256 ASPHALT PAVING PAGE 01
[___·_ :.~---- . ·: ... ~--~·=· . ----.., :~~--.:§. 12.0.·__-~~..... :......·.-. - =. . . -.:· ----····•
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ASPHALT PAVING, INC. ,.
P.0.BOX 4190
Muskegon, Ml 49444
Phone: (231) 733-1409 Fax: (231) 733-4256
~-:
Prt!P,?lal Submitted To:
Cl • state, Zi :
Dale or Plans;
/12/2002
Job Ph""':
WE WILL FINE GRADE THE EXISTING AGGREGATE SASE, PLACE AN 11/2" AVERAGE BASE COURSE OF 3C ANO PLACE
ONE 11/2" AVERAGE TOP COURSE WITH V-GUTTER OF 4C HOT MIX ASPHALT.
COST: $7,054.00
THANK YOU FOR THE OPPORTUNITY TO QUOT!': THIS PROJECT . IF YOU HAVE ANY QUESTIONS, PLEASE CALL US AT TIii': ABOVE NUMBER.
If th1$ propOHI ta ICcoptad by both partfOft1 lt becornns th, contmet bBIWNn tho partJea. All prcwltlona of PtJbllel' Act 497 of 1982 ,.
t1rnendvd (Construction lfen Act) wltt "pply.
All accounta. are duo ;,nd pttyabM by th9 10th of th• month fo1Jowlr1g date of tnvolc&, FINANCE: CHAJI.GE of 1-112% por month. whleh ta art
annua~l'IIII~ of 11~~ad !1na11,,~ ~nts, -==--=-- ~ · .___ ·=--==···. --····---=-- ·=-· ·-···••·· -=-=-·==r·--. _____ .,_=--,
We Propose hereby (O 1um;s11 ,nmor/el ~ , _ - C(lnlplele In ""°""'"'°""ilh - spo<IHcaUons, for tho sum of: $ea.~b_o.l!"
Upon _Col)lP.lellon of Lhe..1/Vqr~
~,/. .W- ·..... · .....cc=. ,~.c---.-
. -
All m4tel111t 19 Qn~4nt~'ld IC ti@ o!· ,p~cllle(I:· ,Ml . wo1k to M. ~~plqtad I~ 11 W(>rfun~nllkn . AVl.hOfiz:ed
menAAr 8CC\lrdlt1(1 to ~111n<l<trd p,,w:Uc~t. Anv 111!orellon or dovltt\10<' from at>o-.n ape<:lilea- s;gnelun, -1,~f:::::::::~-':c:..._____~'-:---
Uon:> lnvolvlnQ e)im eoat\l wlll b<i ~,,;9r:ulll<f nnty U(ll)l'I w,mnn ordnf,. !Ind will ~come ~n n th L. Johnson
e)IITT! ch&rg,i o.,,&r 11m:t ttb{)VII U1e q~\lM6l$. r,.u 119r11em1Jflt9 conlhtQeni u(lon !!lrlJ\el'I, aee11111nt, Nole: Tills .; be
01' ClelAp beVOl"ld our CO'l"llrd. c,w,..., 18 Cil/1'}' ,1~. ll1mlldo !l<ld Ollltr MCHARlry lna11ni.nce,. withdrawn by us 1f not accepted wllhln ..3~)__Q_a_ys
Acceptance ofProposai:. . ~. ~ .
Our WOll(qr.t 81"9 l\llly~d b(WQri<.rtlen'9 COMPY,,~lltlon lnjlJl'SIICtl. ··- ...-·
The a6ove prices, specincatlons, and conditions are satisfactory Signature:
and hereby accepted. You are authorized to do the work as Title:
specified.. Payment will be made as outlined .
Signature:
~~. _ .. . l'i.ue: ... .. . ~ . ~- ...---~, - . - ... ·-.-·.
DATE: August 19, 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#: 02-38 Address: 419 W.
Muskegon (Garage only).
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
419 W. Muskegon - Garage only 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: #02-38 - 419 W. Muskegon., Muskegon, Ml
Location and ownership: This structure is located on Muskegon Avenue and is
owned by Ruby Johnson.
Staff Correspondence: A dangerous building inspection was conducted on
7/25/02 and notice and order to repair or remove was issued 7/30/02. The owner
pulled a permit to repair the garage on 8/5/02 which expired 10/5/02. No
inspections have been called for. On 3/6/03 the HBA declared the garage
substandard and ordered it demolished. There has been no contact with the
owner.
Owner Contact: None
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,600
Estimated cost to repair: $5,000 (Garage only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, August 26, 2003.
O:\!nspcctinns\Grabinski .. Lorraine\ Word\('C M El.'.'J'JNGS\AGl.:NDA ~419 W.Muskego11-G.doc page I of I
DATE: August 19, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-08 Address: 1726
Pine St. (Garage only).
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
1726 Pine - Garage only 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: #03-08, 1726 Pine St., Muskegon, Ml
Location and ownership: This structure is located on Pine between Forest &
Dale. It is owned by Muriel Lizner.
Staff Correspondence: A dangerous building inspection was conducted on
2/6/03 and notice and order to repair or remove was issued 2/18/03. On 4/3/03
the HBA declared the garage substandard and ordered it demolished. There has
been no contact with the owner.
Owner Contact: None
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,800
Estimated cost to repair: $5,000 (Garage only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, August 26, 2003.
O:\lnspections\Grabinski_ !.orrni11c\Word\CC MEE'l'INGS\AGENDA - I 726 Pine-G .doc page 1 or I
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QUIT CLAIM DEED
The Grantor(s) ** Micand, Inc. and One Step Realty, Inc.
whose address isia&i095B 28th St., Se, Grand Rapids, MI 49546
convey(s) and quit claim(s) to _ __cM.:,Uc.:r__,i_,e'--'l----=L'--'i-=z"-'n"'e_,_r__________________________
("Grantee(s)"), whose address is/are 1726 Pine St., Muskegon, MI 49442
the following described premises situated in the Ci t of__-.JMuul!cS;,JkSJe"'g,.o,LJn1-_ _ _ _ __
County of Muskegon and the State of Michigan:
Lots 11 and 12, Block 297 of the revised plat of 1903 of the City
of Muskegon, as recorded in Liber 3 of plats on page 71, Muskegon
County Records.
P.P. #61-31-29-381-012-(04590)
This deed extinguishes the Grantors .' ·interest in the above property given pursuant
to a Residential Lease, with option to purchase dated October 18, 2001.
No Consideration 0.0
for the sum of_______________________ Dollars ($ _ _ _ _ _ )_
The Grantor(s) also grant(s) lo the Grantec(s) the right to make ________________ division(s)
under Section 108 of the Land Division Act, Act No. 288 of Public Acts of 1967.
The above-described premises may be located within the vicinity of fannland or a farm operation. Generally accepted
agricultural and management practices which may generate noise, dust, odors, and olher associated conditions may be used and are
protected by the Michigan Right to Fann Act.
Dated this ____2_4_t_h_ _ _ _ _ _ _ _~ day of __J_a_n_u_a_r~y______ , 2003_ .
by Michael D. Anderson, President
STATE OF MIC-H--IG_A_N_ _ _ _ _ _ _ } ss, *
COUNTY OF_ KENT
The foregoing instmment was acknowledged before me this - - -24th January, 2003 _
- ' - - - - - - - day of ________
Michael D. Anderson
by----------'---'----------
My Commission expires_--'-i.;.:1a.;.:r_:c:.:_hc_2_2_ _ _ _ _ 2004
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: August 15, 2003
1726 Pine (Garage)
(Address of Property)
TO: All owners and interested parties:
Muriel Lizner, 1726 Pine St., Muskegon, Ml 49442
Owner
None
(Other interested parties)
On April 3, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public riJllisance 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. August 26. 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday. August 26. 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 ~ HOUSIN~- ~'OARD ~F-AP\:~LS
~Vi ,n~.L·. ,.c1~
By_~,___ _ _ _ _ _ _ _ _ _ _ _ __
Robert . Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI LORRAINEIWORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: April 7, 2003
To: Muriel Lizner, 1726 Pine St. Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, Apri!3, 2003 does hereby order that the following
structure(s) located at 1726 Pine St. (Garage only), 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:IINSPECTIONSIGRABINSl<I __ LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Robe1rt B. Grabinski, Director of Inspections
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: March 24, 2003
Address of the Property: 1726 Pine (Garage)
TO: Muriel Lizner, 1726 Pine St. Muskegon, Ml 49442
(Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, April 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 demolish the garage issued 2/18/03.
At the hearing on Thursday, April 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.
:~M~Ha::~:.,~t~
CITY OF MUSKEGON INSPECTION DEPARTMENT,
Robert 8. Grabinski, Director of Inspections
OF APPEALS
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORO\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
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February 27, 2003
Mr. Henry Faltinowski
City of Muskegon
Building Inspections
990 Terrace St.
Muskegon, Ml 49442
RE: 1726 Pine St.
Dear Mr. Faltinowski:
Please be advised that this office represents Mike Anderson regarding 1726 Pine St.,
Muskegon, Michigan. We have received a Notice and Order to Repair or Remove a
Structure, pertaining to the garage at the above address.
Please be advised that Mr. Anderson no longer has an interest in this property, as he
quitclaimed his interest back to the owner, Muriel Lizner, on January 24, 2003. I was
informed by Robert Grabinski that this deed, along with evicting the tenant that resided
in that property, would protect Mr. Anderson from further housing code violations.
If there is a problem in this regard, please contact me at the above address as soon as
possible.
r:;,tr~C,,o"rn ~~ ~,'-
~ - - 7 ~~ ___ }..,:.__·,- -
Douglas Doornbos
DD/dv
cc: Mike Anderson
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: February 18, 2003
Address of the Property: 1726 PINE (Garage only)
TO: Muriel Lizner, 1726 Pine St., Muskegon, Ml 49442
[Name & Address of Owner]
Mike Anderson, 6095 28 th St. SE Grand Rapids, Ml 49546
Names & Addresses of Other 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. ~Xc___ _ 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 pu1-pose 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 1726 Pine, 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
DANGEROUS BUILDING INSPECTION REPORT
1726 Pi11e
(GARAGE)
2/6//13
Inspection noted:
I. Rotted door fra111es.
Broken and rotted boards throughout.
Side porch sill plate rotted.
4. Roof raficr appears da111agccl.
5. Missing. da111aged, or rotted fascia & soffitl.
6. Concrete steps arc broken.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I IIA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUJLDING AS SET FORTH IN SECTION
4-13 OF THE MUSKEGON CITY CODE.
0: •lnspections•<,rnbinski 1.orroinc: Word'DANGLROUS flll I LDING INSPECTION REPORTS: I T26 Pine
- Ci.doc
HBA Minutes 4/3/03
AYES: NAYES: ABSENT:
reg Borgman
Ran Mackie
Jon Role ·
John Warner
Nick Kroe
Jerry B er
Clar hepherd
he motion carried.
Case #03-08 - 1726 Pine St. (Garage) - Muriel Lizner, same address
Ms. Lizner was not present for the meeting. Bob Grabinski gave a history on the
case and passed pictures of the garage to the board.
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 Jon Rolewicz and seconded by John Warner to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever
Clara Shepherd
The motion carried.
Case #03-11 - 222 Washington, Peter Burns, Spring Lake, Ml
Mr. Burns wa ent and stated permits e been pulled and work has begun.
He said it took from Oc ntil F' uary to get the inspection report. He also
stated the furnace has bee 11 Carmichael Heating and he is having the
water heater replace e said he has put :a""'!FILrnf money into the structure and
his intention is amply with the city and rent it out. olewicz stated there
was a p n inside the house when he was there the previous night.
4 of6
DATE: August 19, 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#: 02-30 Address: 589 W.
Muskegon (Garage only).
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
589 W. Muskegon - Garage only 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: #02-30 - 589 W. Muskegon., Muskegon, Ml
Location and ownership: This structure is located on Muskegon Avenue between
Eighth and Ninth Streets and is owned by Midra Ervin.
Staff Correspondence: A dangerous building inspection was conducted on
7/25/02 and notice and order to repair or remove was issued 7/30/02. On 9/5/02
the HBA declared the garage substandard and ordered it demolished. The
owner sent a letter 9/9/02 stating she wants to repair the garage, but does not
have the finances. She was given the phone number for CNS, but they do not
repair garages.
Owner Contact: Letter dated 9/9/02
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $18,800
Estimated cost to repair: $4,000 (Garage only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, August 26, 2003.
O:\!nspections\Grabinski_Lnrrainc\Word\C:C MEETINGS\AGENDA -419 W.Muskegon-G.doc page I of I
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'/1111 HAR 20 PH f: 27
QUIT CLAIM DEED
STATUTORY PORN FOR INt>lVIDUALS 416188
Porm No. M~748
KNOW ALL MBN BY TRBSB PRBSBN'TS I Th• t kan:lca Irvin
who • e atr• et number and po • t office addr••• i • 589 W. Huak • gon Avenue
Hu • kegon, NI 49441
Quit Claima to Midra Brvin
whoae street nUW>er and post office addr• a • i1 589 H Muakeogu Avenu•
Mu • k • gOD,. HI 49441
the folloving d••cribed pre.m.i••• • ituat• d in th• City of Mu • k• gon, County of Muakegon and
State of Michigan, to-wit1
The He • t 1/2 of Lot 2, Block 345 of th• Revi •• d Plat (of 1903) of the City of
Muakegon, •• recorded in Liber 3 of Plata, Page 71, Ku • kegon County Record •,
Moro commonly known aa, 589 Keat Muakegon Avenue, Muskegon, Michigan 49441
for the • um of Bxupt BY MCL 207.526 Sec 6(a)
Dated thb 19th day of February, 2002
Signed •nd Sealed jn pr•••nc• of Signed and Sealed,
J:anica Irvin
STATE or MICHIGAN
by Xanica Irvin KARRIELEEKIEL /
NotaJY Public. Muskeiioo coo,«y, Ml -- ----~-
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The foregoing in • tnuunt ••• acknowledged befor• m• thia 19th day of Pebs:-uary, 2002
• ,- • , • ~
My Conm,isSlon E,q)ireS Jul ~. 2(1\)4 >'Ulu(, > '
Hy Commi• don expire • ______ , __ --;otry Public, .,,,. County, Michigan
County Trea • urer'a Certificate City Trea • urer•a Certificate
After r•cording return to1 llr•fted By1
Midra J:rvin Kidra Irvin
589 K. ku • kegon Avenue 589 W JCuuk• gon Avenue
Muskegon, KI 49441 Mu • kegon, KI 49441
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: August 15, 2003
589 W. Muskegon (Garage)
(Address of Property)
TO: All owners and interested parties:
Midra Ervin, 589 W. Muskeon, Muskegon, Ml 49440
Owner
New Century Mortgage Corp, 18400 Von Karman, Suite 1000, Irvine, CA 92612
(Other interested parties)
On September 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday. August 26, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday. August 26. 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.
:~;z:~t~t1n°r~I::'"
CITY OF MUSKEGON INSPECTIONS DEPT.
Robert' B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC -
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CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: September 9, 2002
To: Midra Ervin, 589 W. Muskegon, Muskegon, Ml 49440
Owners Name & Address
New Century Mortgage Corp. 18400 Von Karman, Suite 1000, Irvine, CA
92612
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, September 5, 2002 does hereby order that the
following structure(s) located at 589 W. Muskegon (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.
O:\INSPECTI0NS\GRABINSKI_L0RRAINE\W0RD\HBA MEETINGS\STANDARD FORMS\0RDER TO DEM0LISHO0C
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. This office will not bring this case before the
th
City Commission until the 26 of November to allow you time to pull the required
permits and complete the repairs if you wish. 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 (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: August 23, 2002
Address of the Property: 589 W. Muskegon (Garage)
TO: Midra Ervin, 589 W. Washington, Muskegon, Ml 49440
[Name & Address of Owner]
New Century Mortgage Corp. 18400 Von Karman, Suite 1000, Irvine. CA 92612
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, September 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o"clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous, substandard and a nuisance, and demolished,
or repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued July 30, 2002.
At the hearing on Thursday, September 5, 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.
C~/h~~~~E,;'ON IN PECTIO DEPARTMENT,
0~ B E ~ ~H SI G, BO RD OF APPEALS
1
By_-+-------------------
Robe 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 30, 2002
Address of the Property: 589 W, Muskegon (Garage), Muskegon, Michigan
TO: Midra Ervin, 589 W. Muskegon, Ml 49440
[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 589 W. Muskegon
(Garage), Muskegon, Michigan, and cause said structure to be a dangerous or
substandard building and a public nuisance.
Please see the attached inspection report
Rob rt B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
589 IV. M11skego11
(GARAGE)
7/25102
Inspection noted:
I. Roof structure is failing and must be repaired or replaced.
'Windows broken and must be replaced.
_,.
0
Doors must be repaired or replaced.
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 FORTII IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
, -,3 5-ocr
HENRY F,c I TINOWSKL BUJLDING JNSPECr OR DATE
F:dnspections\Grabinski LorraineWord\DANGEROUS fJUILDINCi INSPECTION REPORTS\589 W.
Muskegon (G).doc
1-IBA Minutes 9/5/02
#02-30 - 589 W. Muskegon (Garage) - Midra Ervin, same address
No one was present to represent this property, but we did receive a letter stating
the owner would be fixing the garage and be finished by the end of October.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, but delay forwarding to city commission for their
concurrence until the 2nd meeting in November.
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
Nick Kroes
Jerry Bever
Jon Rolewicz
Clara Shepherd
The motion carried.
# -38 - 609 W. Muskegon (Garage) - John Frazier, 2280 Stowevally S ,
Ke ood, Ml
John Frazie s present to represent this case. He stated his in lions are to
repair the garage a be finished by the end of October. Mr. rabinski asked
who Jim Clark is becaus e called the office and statec:!J e garage will be
demolished. Mr. Frazier state ·m Clark is the malyilger for the property and he
has not spoken with him today. He · talk to h'miiecause he wishes to repair
the garage. Mr. Grabinski asked if he ha d the inspection report because he
will need a structural engineer. Mr. ~er sa1 es he has read it.
Staff Recommendation: Decla7"'tllis building substandar , ublic nuisance,
and dangerous building, bLj.!,delay forwarding to city commission their
concurrence until the 2"-9,fneeting in November.
Motion made i:JyZshepherd, supported by Randy Mackie to support staff's
recomzenfion.
A r~ cal vote was taken:
/AYES: NAYES: EXCUSED: ABSENT:
6 of 8
AGREEMENT
THIS AGREEMENT, made this June 8 2004 by and between
Franklin Contractors
(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of _ _ _ _ _ _ _~; (an individual trading as _ __
- - - - - - - ~ ; hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 589 W. Muskegon-Garage as well
as required supplemental work for the completion of this project, all in strict
accordance with the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $1000
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR
BY fl1@tWt.- fl=JWK.t,.t/lJ I ()~e~ 1/J€vr
Printed name and title '
ATTEST
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, Sftlfel.J R,. fe&AJ{l/,.,t~ 'certify that I am the Pm f{)f/3~
of the Corporation named as contractor herein;
That _ _ _ _ _ _ _ _ _ _ , who signed this Agreement on behalf of the
Contractor, was then _ _ _ _ _ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed:
-~g__ 84 .J..~-
(CORPORATE SEAL) s1f3/@) ~- fRAIJ/!J..tv(/>12GS.
Printed Name and Title
DATE: August 19, 2003
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 03-17 Address: 688 W.
Dale.
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
688 W. Dale 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: #03-17 - 688 W. Dale, Muskegon, Ml
Location and ownership: This structure is located on W. Dale between Beidler
and Glade Streets. It is now owned by Midfirst Bank.
Staff Correspondence: This structure was written as a dangerous building after
notice from the housing inspector of conditions not being taken care of on
3/17/03. The owner abandoned the property and it is now back to the bank.
There has not been an interior inspection. The notice and order to repair or
demolish was issued 3/31/03 and the HBA declared the property on 7/3/03.
Owner Contact: There has been contact from the bank and the HUD property
managers. They have had an appraiser do an interior inspection and his
estimate for repairs was $37,000.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $23,800
Estimated cost to repair: $30,000 (HUD appraisal $37,000 to repair)
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, August 26, 2003.
O:\l11spections\Grabi11ski_Lorraine\Word\CC MEETINGS\AOENDA-688 W. Dale.doc page I of I
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809 789 779 775 765 757 711 703 695
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----
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For The Inspection Department File #: 426689
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Midfirst Bank
PROPERTY: 688 W. Dale
PARCEL NO: 24-205-436-0015-00
DESCRIPTION: Blk 436 Lot 15
FROM RECORDS OF TRANSNATION TITLE
UBER: 3519
PAGE: 125
DATE OF DEED: December 20, 2002
GRANTOR NAME & ADDRESS: James C. Duram, Deputy Sheriff
GRANTEE NAME & ADDRESS: Midfirst Bank, 999 NW Grand Blvd., Ste
100, Oklahoma City, OK 73118-6116
LIENS OR MORTGAGES: None
TODAY'S DATE: March 24, 2003
EFFECTIVE DATE: February 20, 2003 at 8:00 AM
Abstracted by: l/4i ~~-
TRANSNATIO ITLE INSURANCE COMPANY
0 ~
The above infonmition 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 liubi!ity 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.
5019188
L-3519 P-125
IIIIIII IIIII IIIIIII Ill llllll llllll lllll 1111111111111111 01108/2003 11:43A
Page: 1 of 5
Mark Fairchild, Musk~gon Co ROD 003
SHERIFF'S DEED ON MORTGAGE SALE
~---------~---~""'"s'>-,½,-l.!WelllJ'---=--~c-' a Deputy Sheriff in and for Muskegon
County, Michigan, party of the first part, and Midfirst Bank Federally Chartered Savings Associalionwhose address is 999
NW Grand Blvd, Ste, 100 Oklahoma City OK 73118-6116,party of the second part (hereinafter called the grantee).
WITNESSETH, That Whereas Al Roy Tapanila a married man and Dawn M. Tisch a single woman• (original
mortgagors), made a certain mortgage to First Security Savings Bank, (hereinafter called the mortgagee) on July 27, 1989,
in Liber 1483 on page 926 which was duly recorded In the office of the Register of Deeds in and for said Muskegon County
on August 1, 1989 and was assigned by mesne assignments to Midfirst Bank, Federally Chartered Savings Association,
as assignee by an assignment dated March 1 2000, which was recorded on September 12 2000, in Uber 3085, on page
888 received by and recorded in Muskegon County Records, and .
WHEREAS, seld mortgage contained a power of sale which has become operative by reason of a default In the
condition of said mortgage, and
WHEREAS, no suit or proceedings at law or in equity have been instituted to recover the debt secured by said
mortgage or any part thereof, and
WHEREAS, by virtue of said power of sale, and pursuant to the statute of the State of Michigan in such case made
and provided, a notice was duly published and a copy thereof was duly posted in a conspicuous place upon the premises
described in said mortgage, that the said premises, or some part of them, would be sold on the 20th day of December,
A.O. 2002 at the Pine Street entrance to the Michael E. Kobza Hall of Justice in Muskegon, Michigan, that being the place
of ho!d!ng the CirCuit Court for Muskegon County where the premises are situated and
WHEREAS, pursuant to said notice I did, at 11 :00 o'clock AM, In the forenoon, on the day last aforesaid, expose for
sale at public venue the said lands and tenements hereinafter described, and on such sale dld strike off and sell the said
lands and tenements to the grantee for the sum of TWENTY-SIX THOUSAND THREE HUNDRED EIGHTY-SIX AND
65/100 dollars ($26,386.65), that being the highest bid therefor and the grantee being the highest bidder, and
WHEREAS, said lands and tenements are situated ln lhe, City of Muskegon, Muskegon County, Michigan, more
partlcularly described as follows:
Lot 15, Block 436, Rev1sei1 Plat (of 1903) of the City of Muskegon, as recorded in Uber 3 of Plats, Page 71, Muskegon County
Records.
Property Tax Parcel ID 61-24-205-436-0015-00
• 688 W Dale Ave, Muskegon, Ml 49441
Now, this Indenture Witnesseth, That I, the Deputy Sheriff aforesaid, by virtue of and pursuant to the statute in such
case made and provided, and In consideration of the sum of money so paid as aforesaid, have granted, conveyed,
bargained and sold, and by this deed do grant, convey, bargain and sell unto the grantee, its successors and assigns,
Forever, All the estate, right, title and interest which the said Mortgagor(s) had in said land and tenements and every part
thereof, on the 27th day of J!!!y A.O. 1989, that being the date of said mort e, or at any time thereafter, To Have and to
Hold the said lands and lenements and every part !hereof to the said gr _tee, its successors and asslgns forever, to their
sole and only use, benefit and behoof forever, as fully and absolutely a I, ·the Deputy Sheriff aforesaid, under the authority
aforesaid, might, could or ought to sell the same. I
IN WITNESS WHEREOF, I have hereunto set my hand and seal e d a t e ~ written.
(Seal)
Signed, Sealed and Delivered in the Presence of ·Deputy Sheriff in and for the County of Muskegon
JAmes C. Duram
STATE OF MICHIGAN,
COUNTY OF MUSKEGON
On this 20th day of December, A.O. 2002, before me, a Notary Public in and for said County of Muskegon came
TArres c (?;
ir m a Deputy Sheriff of said County, known to me to be the individual described
In and who executed I ea'tl-Ove conveyance, and who acknowledged that he executed the same to be his free acl and
deed as such Deputy Sheriff,
THIS INSTRUMENT IS EXEMPT FROM MICHIGAN AND COUNTY TRANSFER TAX PURSUANT TO MCLA 207.505(c):
MCLA 207.526(u): MCLA 207.505(h)(ii).
Reggrded on 1 MuskegonCounly Records.
Tapanila, At T&T #200230885 HUD #2631875701203
I
\7
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: August 15, 2003
688 W. Dale
(Address of Property)
TO: All owners and interested parties:
Midfirst Bank, 999 NW Grand Blvd. Suite 100, Oklahoma City, OK 73118-6116
Owner
Mikkelson, Conner, Boul, Inc. 5312 Bolsa Ve. Huntington Beach, CA 92649
Attn: Laura Hennes
(Other interested parties)
Field Office Director, Derek Gasiorowski, 1844 Thunderbird Dr. Troy, Ml 48084
Kathryn Murawski, 1907 Dyson, Muskegon, Ml 49442
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. August 26. 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday. August 26. 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~~ HOUSING BOARD OF APPEALS
By ,i{.:_i:_~ )J.,~;,-J,k,
Robe~ 8. Grabinski, Director of Inspections
O:\INSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: July 9, 2003
To: Midfirst Bank, 999 NW Grand Blvd. Suite 100, Oklahoma City, OK 73118-
6116
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 688 W. Dale, 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 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.
FO{J:I~FX:C.LS
Robert El. Grabinski, Director of Inspections
O:\INSPECTIONSIGRABINSK!_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: June 20, 2003
Address of the Property: 688 W. Dale
TO: Midfirst Bank, 999 NW Grand Blvd. Suite 100, Oklahoma City, OK 73118-6116
[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 Demolish issued 3/31 /03.
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,
OP(BEKflf 0~ T~Q1'S~f:B_~t~? OF APPEALS
By f{crG:.,_L
Vj )),- -·
Robert B. Grabinski, Director of Inspections
O:lll"SPECTIONS\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: March 31, 2003
Address of the Property: 688 W. Dale
TO: Dawn Tisch, 688 W. Dale, Muskegon, Ml 49441
[Name & Address of Owner]
Midfirst Bank, 999 NW Grand Blvd. Suite 100, Oklahoma City, OK 73118-6116
(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 688 W. Dale, 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~.
\ 1 .' \J:5 /4Wx-o~.o-kz.
u l.SPjC~N ~PAf~MEtJT,
'
~-· ' - - - .
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
688 W. Dale
3/17/03
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. Roof covering on home is severely deteriorated - replace roof covering on home.
Sheathing and rafter inspection is required once the roof covering is removed.
3. Repair all fascia soffit damage on roof.
4. Front porch foundation wall missing block.
5. Front porch missing stairs - landing needs stairs. handrail & guardrail to code
(MRC 2000).
6. Back porch needs repair to stairs, landing, handrail & guardrail to MRC 200
requirements.
7. Repair all damaged siding.
8. Paint siding that is exposed after removing peeling paint.
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.
SPECTOR DATE
0:\lnspectionslGrabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REl'ORTS\688 W.
Dale.doc
CITY OF MUSKEGON
NOTICE OF INTERIOR INSPECTION
DATE: March 19, 2003
Address of Prope1iy: 688 W. DALE
TO: Dawn Tisch, 688 W. Dale, Muskegon, Ml 49441
[Name & Address of Owner]
Midfirst Bank, 999 NW Grand Blvd. Ste. 100, Oklahoma City, OK 73118-6116
(Interested Pmiies)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
\Ve intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Monday, March 31, 2003 at
10:30 A.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
~ol±'id~·
,,
Rob~rt B. Grabinski, Director of Inspections
I-IBA Minutes 7/3/03
03-17 - 688 W. Dale - Midfirst Bank
Mr. Grabinski gave a history of the case, it began with the MPD calling for an
inspection because of the unsanitary conditions. He also stated it is definitely a
dangerous building.
A neighbor, June Bishop, spoke to the board about her wishes to demolish the
house. She stated it has been a blight to the neighborhood and she does not
want to see it become a rental again.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Nick Kroes and seconded by Jerry Bever to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
John Warner Clara Shepherd
Randy Mackie
Jon Rolewicz
Nick Kroes
Jerry Bever
Greg Borgman
The motion carried.
- 2-37 - 159 W. Larch - Garage - Robert Fitzpatrick
resent to represent this case. Mr. Grabins · gave a history of the
lied a permit and when the cas ent before the HBA 10/02,
the owner stated hew have the repairs fin· ed in 1 week. There has been
no contact since and the rep · are not pleted.
Staff Recommendation: Declar Is bu1 substandard, a public nuisance,
and dangerous building an orward to city co ·ssion for their concurrence.
A motion was ma y John Warner and seconded by Jerr ver to accept staff
recommendati
A roll c vote was taken:
ES: NAYES: EXCUSED: ABSENT:
5 of 8
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Page 1 of2
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
688 W DALE AVE 49441 263-187570 $4,000 3/1/6 1447 UI 1920 LBP
Bid Date :08/27/03 Owner
Listing Date:08/22/03 Deadline:08/26/03 @11:59pm
Occupant
Appraised value: $4,000
Note: WATER INFILTRATION This property has evidence of prior water infiltration, which is a
condition deemed to increase the likelihood of mold growth. MCB makes no warranty as to the
current or future existence of mold in this property and is not liable for the potentially harmful effects
thereof. PROPERTY IS ON CITY DEMO LIST. BUYER TO CONTACT CITY FOR REPAIR COSTS
AND ACCEPT AND CORRECT AFTER CLOSING
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
3331 LEMUEL ST 49444 263-322377 $15,000 4/1/6 1228 UI 1945 LBP
Bid Date :08/27/03 Owner Occupant Listing Date:08/22/03 Deadline:08/26/03 @11 :59pm
Appraised value: $15,000
Note: 203 K
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
4345 W GILES RD 49445 263-323229 $73,000 3/1.5/6 1532 UI 1960 LBP
Bid Date :08/27/03 Owner
Listing Date:08/22/03 Deadline:08/26/03 @11 :59pm
Occupant
Appraised value: $73,000
Note: MOLD This property has had prior water infiltration and mold, which are conditions deemed to
increase the likelihood of repeated occurrences of mold growth. MCB makes no warranty as to the
current or future existence of mold in this property and is not liable for the potentially harmful effects
thereof.
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
2844 WESTLAND RD 49441 263-327211 $40,000 2/1/4 720 UI 1943 LBP
Bid Date :08/27/03 Owner Occupant Listing Date:08/22/03 Deadline:08/26/03 @11 :59pm
Appraised value: $40,000
Note: 203 K
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
http://bally.towerauction.net/cgi-bin/i 1_ 21 f.cgi 8/26/2003
Broker Certification Check Page I of I
m
L:J
Please note the current system time is 9:22 AM.
You should note that Bids must be complete and submitted before the
DEADLINE for the property you are bidding on.
Warning: Submission of a bid from an Investor on an Owner-Occupant Priority
property, knowing the same to be false, subjects the person placing the bid to a
possible $250,000 fine or two years imprisonment or both, as per Paragraph O of
the Conditions of Sale on the back of the HUD Sales Contract.
Notice: Before submitting a bid, you must have the earnest money in the form of
certified funds, and a completed sales contract and addenda, signed by the
purchaser.
Broker Certification Check
Broker registered SSN/FID: Ill
OK Cancel
https://nyny.towerauction.net/cgi-bin/i I la.cgi 8/26/2003
Page 2 of2
1094 SANFORD ST 49440 263-274874 $31,000 2/1/4 1225 UI 1953 LBP
Bid Date :Daily-All Purchasers Listing Date:08/15/03 Deadline:Daily
Appraised value: $31,000
Note: 203 K
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
1892 W SHERMAN BLVD 49441 263-319836 $60,000 2/1/4 951 UI 1952 LBP
Bid Date :Daily-All Purchasers Listing Date:08/08/03 Deadline:Daily
Appraised value: $60,000
Note: 203 K
Submit a Bid Get Map
MUSKEGON
Address Zip Case List Price Bd/Ba/Rm Sq Ft 1/U Year
790 ORCHARD AVENUE 49442 263-280974 $34,000 3/1/5 1104 UI 1937 LBP
Bid Date :Daily-All Purchasers Listing Date:07/25/03 Deadline:Daily
Appraised value: $34,000
Note: 203 K
Submit a Bid Get Map ONDfTND Bid ONDfTND Bid by Broker
[Back Home]
http://bally.towerauction.net/cgi-bin/i I_21 f.cgi 8/26/2003
DATE: August 19, 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#: 00-56 Address: 1087
W. Grand
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
1087 W. Grand 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: #00-56-1087 W. Grand, Muskegon, Ml
Location and ownership: This structure is located on W. Grand between
Barclay and Franklin. It is owned by Brenda and Larry Davis.
Staff Correspondence: A dangerous building inspection was conducted on
7/20/00 because of a fire. In October 2000 the HBA tabled the case for 60 days
and the case was again tabled in January 2001. The owners have had problems
with their contractors and have filed a formal complaint to the state. There have
been numerous progress inspections and all permits have been pulled. The
case was again brought before the HBA in February 2003 and tabled 4 months
before forwarding to commission. On 7/8/03 the City Commission tabled the
case for 90 days with monthly progress inspections scheduled. This is an update
since the progress inspection on 8/1/03.
Owner Contact: There has been much contact between the owners,
contractors and Inspection staff and director.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $26,600
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, August 26, 2003.
O:\Inspcctions\Grabinski_l,orrainc\Wonl\CC MEETINGS\AGENDA ~1087 W. Grand.doc page 1 of I
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1087 W. Grand
PROGRESS INSPECTION 8/1/03
Inspection noted:
1. Siding on home is incomplete.
2. Flashing around windows and channel to lock siding is incomplete.
3. Drywall still needs to be completed. Seal - tape all joists for fire resistive
construction. Needs under stair protection when stairways are built to code.
4. Need to provide attic access to both sections of home 22 x 30 inches
minimum.
5. Both stairways (interior) have to be rebuilt to comply with MRC 2000
requirements. Both sets of stairs are life safety issues due to improper
installation. Headroom incorrect, run-rise, slope profile, guards, handrails and
structural framing of stairs are all issues.
6. Basement floor in new section of home has not been addressed - open
excavation. Needs site preparation, fill, base, vapor retarder. This also pins
lower wall sections from movement of foundation wall. This is critical to the
structural integrity of the foundation.
7. Egress window in basement is not complete.
8. Stair opening in floor of new section of home needs to be drawn by engineer
for floor truss design for prefabricated wood I joists.
9. Complete all water proofing of foundation.
10. Mechanical sump foundation water system is discharging over public
sidewalk.
11. Complete all interior trim, hanging of doors, floor coverings.
12. Electrical panel in basement must be moved to a dry location. (because of the
amount of water in basement)
13. The wiring method in the basement will have to be suitable for damp
locations. (suitable for damp conditions)
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.
'8-1\-c)J
HENRY F INOWSKI, BUILDING INSPE TOR DATE
O:\Inspections\Grabinski_Lorrainc\Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\I087 W. Grand-progress insp. 8-I-03.doc
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: August 15, 2003
1087 W. Grand
(Address of Property)
TO: All owners and interested parties:
Larry & Brenda Davis, P.O. Box 63, Muskegon, Ml 49443-0063
Owner
None
(Other interested parties)
On February 6, 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, August 26, 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, August 26,
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
. ~
If·' 1\
' '
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
NOTICE OF CITY COMMISSION DETERMINATION
Date: July 9, 2003
Address of the Property: 1087 W. Grand
Description of the Structure: Lot 7 & S 16 ½ft.of Grand Ave. abutting same Blk
484
To: Larry & Brenda Davis, P.O. Box 63, Muskegon, Ml 49443-0063
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on July 8, 2003, the City Commission determined to table
your case for 90 days. This case may be brought back to the commission at the
discretion of the Director of Inspections for their concurrence with the order of the
Housing Board of Appeals that the above structure is a dangerous building,
substandard and a public nuisance after the 90 days. It is hereby ordered that monthly
inspections occur with progress reports to the City Commission at their first meetings of
August, September and October. The dates and times of the inspections are as
follows:
August 1, 2003@ 10:30 A.M.
August 29, 2003@ 10:30 A.M.
October 3, 2003 @ 10:30 A.M.
If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the date of mailing of this notice.
Robert B. Grabinski, Director of Inspections
0:IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMSICC DET. 30DAYSDOC
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Inspections Services
Department
Memo
DATE: August 26, 2003
TO: Bob Grabinski, Director of Inspections
FROM: Lorraine Grabinski
SUBJECT: 1087 W. Grand
On 8/22/03 Larry and Brenda Davis came into the Inspection Department to inquire
on why they couldn't schedule an electrical inspection in addition to the pre-
scheduled progress inspections. I got the Director on the radio and asked him about
the issue and relayed the information the Davis's had given me. (Ken Murar had
conducted the last inspection on 8/1/03 and written up the electrical panel. They
didn't understand why it didn't pass. Bob Grabinski told me to go ahead and
schedule himself, Don LaBrenz and Phil Baldwin (contractor) for Tuesday, August
26 th at 2:30 P.M. I spoke with Larry and Brenda about the date and time. They said
that would work for them and they would contact Phil Baldwin to have him be present
for the inspection also. The date and time were written down for them and they left
the office.
• Page 1
Date: August26,2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Easement to Consumer Energy
Along Existing Terrace St. (Terrace Plaza)
SUMMARY OF REQUEST:
Consumer Energy is requesting an easement along the easterly line of the revised R-O-W
line of Terrace Street from Morris to Shoreline Dr. The easement is needed to extend the
necessary power lines to the Edison Landing project in general and to the GVSU building
in particular. The proposed power facilities within this easement consist of Ariel lines and
poles.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Grant easement with the condition that it will be vacated when the lines are no longer present
within.
COMMITTEE RECOMMENDATION:
2003-70(cl)
AGREEMENT REGARDING ELETRIC FACILITIES
This Agreement is made as of this 2£__ day of August , 2003, by and between
the City of Muskegon, a Michigan public authority and body corporate, Post Office
Box 536, Muskegon, Ml 49443-0536, "the City", and Consumers Energy Company, a
Michigan corporation, One Energy Plaza, Jackson, Michigan 49201, "Consumers".
Recitals
A. Consumers will be providing electric service to the Edison Landing site
along the section of street formerly known as Terrace Street located northerly of 316
Morris Street in the City of Muskegon.
B. The City desires to have Consumers install its electric facilities within the
road right-of-way of the street formerly known as Terrace Street located northerly of
316 Morris Street.
C. Consumers is willing to install its electric facilities within the road right-of-
way of the section of street formerly known as Terrace Street located northerly of 316
Morris Street if it will have the same rights and protections as it would have had if it
had obtained easements for its facilities.
Agreement
In consideration of the premises and other valuable consideration, the receipt of
which is hereby acknowledged, the City and Consumers agree as follows:
1. Construction of Electric Facilities. Consumers will construct overhead
electric facilities within the road right-of-way of the section of street formerly known
as Terrace Street located northerly of 316 Morris Street to provide electric service to
the Edison Landing site.
2. Future Relocation or Modification. If Consumers is required to relocate or
otherwise change its electric facilities or to incur any other additional expense with
respect to those facilities that Consumers would not have occurred if it had an
easement for the facilities, then the City will reimburse Consumers for the actual cost
and expense Consumers incurs. The parties intend that Consumers will have the same
rights respecting its electric facilities as it would have had if Consumers had acquired
easements for those facilities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
CITY OF MUSKEGON CONSUMERS ENERGY COMPANY
By: ~~='---"-,,.,,,__.,{}=------'Of'"'-''
"'-----=A4'+--"-
Thomas A. Olney~
Its Field Manager
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NOTE:
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~ FLAGMAN FOR RR CROSSING
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