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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 23, 2002
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. Liquor License Request - Lakeview Mart, 1930 Lakeshore Drive.
CITY CLERK
c. Sale of Buildable Vacant Lot on Yuba Street. PLANNING &
ECONOMIC DEVELOPMENT
d. Sale of Non-buildable Lot at 300.5 Jackson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
e. Sale of Non-buildable Lot at 213 Amity Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Sale of Non-buildable Lot at 644 Leonard Avenue. PLANNING &
ECONOMIC DEVELOPMENT
g. Request for a Planned Unit Development for 808 Oak Avenue
PLANNING & ECONOMIC DEVELOPMENT
h. Vacation of a Portion of Bluff Street. PLANNING & ECONOMIC
DEVELOPMENT
i. Rezoning Request for the West Village Mall. PLANNING &
ECONOMIC DEVELOPMENT
j. FIRST READING: Zoning Ordianance Amendment to Change the
Floodplain Requirements to Reflect Recent Changes in the Building
Code. PLANNING & ECONOMIC DEVELOPMENTES
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT: The City Manager requested that Commission Consider
going into closed session at the end of meeting to discuss Property Acquisition.
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
a. Request for Amendment to Planned Unit Development for Harbour
Towne. PLANNING & ECONOMIC DEVELOPMENT
b. Second Quarter 2002 Budget Reforecast. Fl NANCE
c. Reimbursement Resolution for Smartzone Costs. FINANCE
d. Renaissance Zone Proposals. PLANNING & ECONOMIC
DEVELOPMENT
e. Local Law Enforcement block Grant - Joint Spending Agreement
ASSISTANT CITY MANAGER
f. Concurrence With the Housing Board of Appeals Notice and Order
to Demolish the Following:
1. 1969 Hoyt
2. 1708 Pine
3. 1226 Pine (Garage Only)
4. 246 Laketon (Garage Only)
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
□ CLOSED SESSION: To discuss pending litigation
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker represenling a group may be allowed l O minules if previously registered with City Clerk.)
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSl<EGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK. 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724·6705 OR TDD: (231) 724A 172.
Date: July 23, 2002
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 City
Commission Worksession that was held on Monday, July 8, 2002, and
the Regular Commission Meeting that was held on Tuesday, July 9,
2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 23, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City of
Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at
5:30pm, Tuesday July 23, 2002.
Mayor Warmington opened the meeting with a prayer from Reverend Mary
Riegler of Metaphysical Church of Prophesy, after which members of the City
Commission and members of the public joined in reciting the Pledge of Allegiance to
the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
Spataro: City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger.
2002-86 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission
Worksession that was held on Monday, July 8, 2002, and the Regular Commission
Meeting that was held on Tuesday, July 9, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Liquor License Request - Lakeview Mart, 1930 Lakeshore Drive.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Marilyn J. Felinski to transfer ownership of the
existing 2002 SOM licensed business from Bill W. Felinski.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All Departments are recommending approval.
c. Sale of Buildable Vacant Lot on Yuba Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: to approve the sale of a vacant buildable lot at 371 Yuba
Street (designated as parcel number 24-205-142-0012-00) described as SLY 65 FT of
ELY 115 FT OF LOT 12 BLK 142 CITY OF MUSKEGON REVISED PLAT OF 1903 to
Galloway Homes, L.L.C., of 6329 Red Rock Court Muskegon, Ml. The lot is 65 x 115
ft. and is being offered to Galloway Homes for $4,250. He plans to use the land for
the construction of a 1,260 sq. ft. single-family home. The home will contain 3
bedrooms, a full basement, and a 2-stall attached garage. The appraised value
of the lot is $4,250 and the Galloway Homes submitted the only bid of $4,250.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will
generate additional tax revenue for the City and will place the property back on
the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
d. Sale of Non-bulldable Lot at 300.5 Jackson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-141-0008-10) at 300.5 Jackson Avenue to Doris Hopper, of 300 Jackson
Avenue, Muskegon, Ml 49442. Approval of this sale will allow the adjacent
property owner to expand her current yard. Since this vacant lot is located
directly behind Ms. Hopper's property and has no street frontage, the sale of the
entire lot to her makes the most sense. As is required by City policy, the subject
parcel is being offered for $100 to Ms. Hopper.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
e. Sale of Non-buildable Lot at 213 Amity Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-209-0005-00) at 213 Amity Avenue to Floyd L. Cook, Jr., 223 Amity Avenue,
Muskegon, Ml 49442. Approval of this sale will allow the adjacent property owner
to expand his current yard. As is required by City policy, the subject parcel is
being offered for $100 to Mr. Cook.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
f. Sale of Non-buildable Lot at 644 Leonard Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-765-003-0033-00) at 644 Leonard Avenue to Roshelia Winters, 634 Leonard
Avenue, Muskegon, Ml 49442. Approval of this sale will allow the adjacent
property owner to expand her current yard. As is required by City policy, the
subject parcel is being offered for $100 to Ms. Winters.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
g. Request for a Planned Unit Development for 808 Oak Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary approval for a Planned Unit
Development for a portion of the property at 808 Oak Ave., for a mini-storage
development. The request is from Tim Vanderstelt.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended denial
of the request for a preliminary PUD at their 7/11 meeting. The vote was
unanimous with P. Veltkamp, 8. Mazade and M. Kleaveland absent.
h. Vacation of a PorHon of Bluff Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Bluff St., south of Fulton St.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of Bluff St.,
with the condition that any City easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended the
vacation, with the condition as listed above. The vote was unanimous with P.
Veltkamp, B. Mazade and M. Kleaveland absent.
i. Rezoning Request for the West Village Mall. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF RQUEST: Request to rezone property owned by West Village Mall,
LLC, located at 2500 Henry St. (West Village Mall), from 8-2, Convenience and
Comparison Business to B-4 General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/11 meeting. The vote was unanimous with P.
Veltkamp, 8. Mazade and M. Kleaveland absent.
j. FIRST READING: Zoning Ordinance Amendment to Change the
Floodplain Requirements to Reflect Recent Changes in the Building
Code. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2323 (Flood Hazard Areas) of
Article XXl/1 (General Provisions) of the City's Zoning Ordinance to require that the
lowest floor of a structure be compliant with the State of Michigan code.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to change the proposed language in the article and section
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/11 meeting, with P. Velkamp, B. Mazade and M.
K!eaveland absent.
Motion by Vice Mayor Buie, second by Commissioner Schwelfler to approve
the Consent Agenda.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
2002-87 CITY MANAGER'S REPORT:
The City Manager requested that Commission consider going into closed session
at the end of meeting to discuss Property Acquisition.
2002-88 NEW BUSINESS:
a. Request for Amendment to Planned Unit Development for Harbour
Towne. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for
Harbour Towne near the intersection of Fulton St. and W. Harbour Towne Circle to
include three two-unit condominium buildings and twenty 'Carriage House'
(garage) units.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the PUD amendment
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of a portion of the PUD amendment, with the conditions listed on the
resolution. That vote was unanimous. The motion to recommend approval of the
'Carriage House' portion of the request failed on a 3-3 vote, with L. Spataro, S.
Warmington, and B. Smith voting yes and J. Aslakson, P. Sartorius, and J. Stewart
voting nay. P. Veltkamp, B. Mazade and M. Kleaveland were absent.
Motion by Commissioner Spataro to adopt resolution regarding the
amendment Planned Unit Development for Harbour Towne, with approval for new
units, reaffirming the development for sidewalks, and denying the request for the
Carriage Houses.
There was no second and motion died from non-support.
Motion by Commissioner Schweifler, second by Commissioner Larson, to
approve the request for the Planned Unit Development for Harbour Towne for the
two-unit condominium buildings that includes sidewalks. This motion does not
include the proposal for the Carriage Houses,
ROLL VOTE: Ayes: Gawron, Larson, Schweiller, Shepherd, Spataro, Wamington,
Buie
Nays: None
MOTION PASSED
A representative for the Developer, Dick Anderson spoke to the Commission
and declared their withdrawal at this time for the Carriage House proposal. It was
recognized by the Commission for the withdrawal of the proposal at this time.
b. Second Quarter 2002 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2002
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in policy priorities, labor contracts,
updated information, or other factors. For the next meeting, an action item will be
placed on the agenda for adoption of the proposed budget reforecast together
with any additional changes deemed necessary by Commissioners.
FINANCIAL IMPACT: The second quarter 2002 Budget Reforecast reflects
continued falloff in general fund revenues due to the economy. Significant
downward adjustments have been made in the areas of city income tax, state
shared revenues and interest income. Also, budgets for some areas (particularly
City Attorney, Fire Safety Inspections and Environmental Services) have had to be
increased due to unforeseen service demands and/or labor contract issues.
Accordingly, the following budget adjustments are proposed: l ) postponement of
the scheduled renovation of the Reese Playfield restrooms ($150,000), 2)
postponement of purchase of an alternate power supply for City Hall ($100,000),
3) reduction and reallocation of $50,000 originally earmarked for fire station
property acquisition to instead be used for a fire station location and operations
study. At this time we also forecast the need for a yearend transfer of $500,000
from the City's budget stabilization (i.e. "rainy day")"fund to the general fund.
BUDGET ACTION REQUIRED: Self-explanatory
STAFF RECOMMENDATION: The City Commission should review the Reforecast to
ensure it reflects their policy initiatives. At the next City Commission meeting, staff
will request formal approval of the Reforecast and related budget amendments,
COMMITTEE RECOMMENDATION: There is no committee recommendation at this
time.
There was no action on this item at this time. It is to be put on the August 13,
2002 Regular Commission Meeting.
c. Reimbursement Resolution for Smartzone Costs. FINANCE
SUMMARY OF REQUEST: In conjunction with the Smartzone development, the City
may issue bonds at a later date to construct the GVSU Research/Incubator
building. Contracts for the work may be let prior to the issuance of bonds so it is
prudent to adopt the "reimbursement resolution". This action will allow the City to
reimburse itself from bond proceeds for project costs incurred prior to the time
bonds are sold.
FINANCIAL IMPACT: Costs of adopting the resolution are minimal. Taking care of
this preliminary step will permit the City to move ahead with the planned project
and reimburse itself from proceeds from bonds issued a later date. Formal project
approval will require several additional commission actions at late dates for
contract award, bond authorization, etc.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the resolution.
Motion by Commissoner Schweifler, second by Vice Mayor Buie to adopt the
Reimbursement Resolution for Smartzone Costs.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
d. Renaissance Zone Proposals. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: There were six Renaissance Zone Proposals received on
july 14. Staff has reviewed them and prepared a spreadsheet outlining their
conformity to the City's Renaissance Zone Policy and the requirements of the RFP.
Staff is recommending that we proceed with discussions on the following
proposals: Shaw Walker, the Mall, Seaway/Grooters, Cordova and Mart Dock. A
final recommendation will be brought to the City Commission at a later date.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize staff to proceed with discussions on the
five proposals listed above, and to bring back a final recommendation in the
future. ·
Motion by Commissioner Schweiller, second by Commissioner Shepherd to
authorize staff to proceed with discussions on the following proposals: Shaw
Walker, the Mall, Seaway /Grooters, Cordova and Mart Dock.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
e. Local Law Enforcement Block Grant - Joint Spending Agreement.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To approve a joint spending agreement with the County
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 $62,710
Muskegon County $24,146 (use is for jail security services)
$86.856
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the above distribution.
Motion by Commissioner Spataro, second by Commissioner Shepherd, to
approve a joint spending agreement with the County for the City's Local Law
Enforcement Block Grant.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweltler, Shepherd,
Spataro
Nays: None
MOffON PASSED
f. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish:
1) 1969 Hoyt
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 a 1969 Hoyt, is
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: #99-36, 1969 Hoyt.
Location and ownership: This structure is located on Hoyt Street between
Reynolds and Leahy in the · Marsh Neighborhood. It is owned by David
VanKammen who lives at 2086 Estes.
Staff Correspondence: A dangerous building inspection was conducted 8/5/96.
It was declared unsafe by HBA on 6/5/97. The City Commission concurred with
the HBA on 7/22/97 and ordered it demolished. A TRO was issued 9/17 /97. The
deadline for the TRO was 1/31 /98 and repairs were not completed. On 11 / 4/99,
8/17 /00, and 6/6/02 the HBA again declared the structure unsafe.
Owner Contact: Mr. VanKammen has been in contact with Bob Grabinski and
has promised to complete repairs, but does not follow through. An electrical
permit was issued 7/3/02.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
ST ATE EQUALIZED VALUE: $16,300
ESTIMATED COST TO REPAIR: $10,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
CITY COMMISSION RECOMMENDATION: The commission will consider this item at
it's meeting Tuesday, July 23, 2002.
2) 1708 Pine
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 a 1708 Pine, is
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: #00-46, 1708 Pine St.
Location and ownership: This structure is located on Pine Street between E. Dale
and E. Larch in the McLaughlin Neighborhood. It is owned by James Bauer.
Staff Correspondence: A dangerous building inspection was conducted 8/9/96
and a Notice and Order to repair or demolish was issued 8/15/96. It was heard
before the HBA on 5/1 /97 declared unsafe and forwarded to commission. The
City Commission determined to monitor progress on the structure until April 1998.
On 6/24/98 CC concurred with the HBA and declared unsafe. Another order to
repair or demolish was issued 5/12/00. On 8//17 /00 the HBA declared it unsafe
and commission concurred 10/10/00. An interior inspection was conducted on
9/10/01. On 5/2/02 the HBA ordered an opportunity to repair to the owners and
an inspection to be called for. An inspection was conducted, but did the work
was not approved.
Owner Contact: Mr. Bauer contacted the Inspection office and stated the repairs
are all completed and he didn't understand what was needed. He was told he
needed to talk to Rick Clark, the plumbing and mechanical inspector because
some of the work was not correctly done. He has not contacted the inspector as
of this date.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $12,800
ESTIMATED COST TO REPAIR: $2,500
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
CITY COMMISSION RECOMMENDATION: The commission will consider this item at
it's meeting Tuesday, July 23, 2002.
3) 1226 Pine (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 a 1226 Pine
(G), is 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: #02-014, 1226 Pine St (G).
Location and ownership: This structure is located on Pine Street between
Catherine and Isabella in the McLaughlin Neighborhood. It is owned by
Equicredit Corporation in Florida.
Staff Correspondence: A dangerous building inspection was conducted 4/4/02
and a Notice and Order to repair or demolish was issued 4/15/02. On 6/11 /02 the
HBA declared it unsafe.
Owner Contact: On 6/21/02 a real estate agent contact the Inspection office
about a potential sale. She was faxed copies of all documents and instructed on
what needed to be done. On 6/16/02 a message was left for her updating where
the case was at with the office and requesting her to call back. As of 6/17 /02
there has been no further contact.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $22,000 (House and garage)
ESTIMATED COST TO REPAIR: $4,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
CITY COMMISSION RECOMMENDATION: The commission will consider this item at
it's meeting Tuesday, July 23, 2002.
4) 246 Laketon (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 a 246 Laketon,
is 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: #246 Laketon (G).
Location and ownership: This structure is located on Laketon Avenue between
Terrace and Hoyt in the McLaughlin Neighborhood. It is owned by John
Markavitch who lives at this address.
Staff Correspondence: A dangerous building inspection was conducted 6/15/01
and a Notice and Order to repair or demolish was issued 7/5/01. A permit to
repair was issued on 8/1 /01, but the work has not been done. On 11 /1 /0 l the HBA
issued an opportunity to repair. Mr. Markovitch contacted the office on the date
of the HBA meeting (2/7 /02) and stated he could finish the repairs within 30 days.
On 2/7 /02 the HBA declared the garage unsafe because the work has not been
completed. As of this date the roof is not repaired.
Owner Contact: There has been no contact since 2/7 /02.
FINANCIAL IMPACT: CDBG Funds
STATE EQUALIZED VALUE: $14,600 (House and garage)
ESTIMATED COST TO REPAIR: $2,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
CITY COMMISSION RECOMMENDATION: The commission will consider this item at
it's meeting Tuesday, July 23, 2002.
Motion by Commissioner Gawron, second by Commissioner Spataro to concur
with the Housing Board of Appeals decision to demolish 1969 Hoyt, 1708 Pine, 1226
Pine (garage) and 246 Laketon (garage).
ROLL VOTE: Ayes: Buie, Gawron, Larson. Schwelfler, Spataro, Warmington
Nays: Shepherd
MOTION PASSED
2002-89 CLOSED SESSION: To Discuss Property Aquisition
Motion by Commissioner Spataro. second by Commissioner Schweifler to go to
closed Session at 7:02pm and discuss Property Aquisition.
ROLL VOTE: Ayes: Gawron, Larson, Schwelfler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
Motion by Commissioner Schweifler, second by Commissioner Larson to go to
open session at 7:36pm.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 7:37pm.
Respectfully submitted,
Gail Kundinger, CMC/ AAE
City Clerk
Date: July 23, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Lakeview Mart
1930 Lakeshore Drive
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Marilyn J. Felinski to transfer
ownership of the existing 2002 SOM licensed business from Bill W.
Felinski.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
Muskegon Police Department
AHtMH-<f L. 'J::.~
~°' 'Pdia
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 1) 722-5 140/=
www.muskegonpolice.com
June 20, 2002
To: The City Commission through the City Manager
From: ~~ L . ; s_.e. . ·o.. Qs,_....,
Anthy L. Kleibecker, Chief of Police
Re: Liquor License Transfer at 1930 Lakeshore Drive
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Marilyn J. Felinski concerning
1930 Lakeshore Drive.
Marilyn J. Felinski is requesting to transfer ownership of 2002 SDM licensed business
from Bill W. Felinski. Marilyn is the wife of deceased Bill Felinski. Because of the
death of the previous license holder a transfer of the license was not completed before the
annual renewal.
We have completed a check of Muskegon Police Depaiiment records and Criminal
History showed no reason to deny this request.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 6-10-02
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Marilyn J. Felinski.
Marilyn J. Felinski is requesting transfer ownership of2002 SDM licensed business from
Bill W. Felinski. The applicant for this transfer is the wife of deceased Bill Felinski.
Because of the death of the previous license holder a transfer of the license was not
completed before the annual renewal.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/felinski
~-1,./2002 11: 19AM CONSUMER & INDUSTRY SERVICES PACE 3 OF 3
Michigan Department of Consumer & Industry Services
MICHIGAN LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LIQUOR LICENSE REQUEST
(Authorized by MCL 436.1217) 7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission. RID #186631 (vlr)
BUSINESS NAME AND ADDRESS: (include zip code)
1930 LAKESHORE, MUSKEGON, Ml 49441 MUSKEGON COUNTY
REQUEST FOR:
MARILYN W. FELINSKI REQUEST TRANSFER OWNERSHIP 2002 SOM LICENSED BUSINESS FROM BILL W. FELINSKI
I Section 1. APPLICANT INFORMATION I
APPLICANT #1 : APPLICANT #2:
MARILYN W. FELINSKI
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
DATE OF BIRTH: o- Z-2-36 DATE OF BIRTH:
If the applicant is not a US. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien Does the applicant have permanent Resident Alien status?
status? • Y es D No
• Yes • No 0
Does the applicant have a Visa? Enter status:
0
Does the applicant have a Visa? Enter status:
Date fingerprinted:
Date finqerprinted. 6- 7-CJ Z
I Attach the fingerprint card and $30.00 for each card and mail to the Michiaan Liauor Control Commission. I
ARREST RECORD· 0 Felony O Misdemeanor ARREST RECORD: • Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and daled Enter record of all arrests & convictions (attach a signed and daled
report if more space is needed) reporl ir more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Can living quarters be reached from the inside of the establishment w ithout gomg outside? D Yes Ja'..No
Does applicant intend to have dancing or entertainment?
'f;i!tNo •
Yes, complete LC-693N. Po lice Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? 0 No ~es, explain relationship GIIA ~7'-<\.-7'?~
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet a_ll 9Ppropriate state and local building, plumbing, zoning, fire. sanitation and health laws
and ordinances, if this license is granted? n'Yes •
No
If you are recommending approval subject to certain conditions, list the conditions. (attach a signed and da ted report if more space is needed)
I Section 4 . Recommendation
From your investigation-
1. Is this applicant qualified to conduct this business 1f licensed? ~ es No •
2. Is the proposed location satisfactory for this business? -~ Yes 0 No
3. Should the Commission grant this request? ;&Yes No •
4. If any of the above 3 questions were answered no, state your reasons. (Allach a signed and dated reporl ff more space is needed)
~ L ~ I~ Q•• et. ~
Sigre tOI IeI iff o, Chief of Police) Date
LC-1800 Rev. 02/02
. :lUUZ 11: l:::1AM vvnuvru.:.~, Q(. .1.1·nJVU.L•~ .......... o• ......... ~
• ~ State or Michigan Liquor Control Commission
,«q,. John Engler, Governor 7150 Harris Onve
P 0. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909•7505
Kathleen M, Wilbur, Director (517) 322-1345
Fax: (517) 322-6137
POLICE INVESTIGATION REQUEST
(Aulhorized by MCL 436.1(4))
June 7, 2002
CHIEF OF POLICE
MUSKEGON POLICE DEPARTMENT
980 JEFFERSON ST
PO BOX356
MUSKEGON Ml 49443.0536
Request ID #186531
Chief Law Enforcement Officer
Applicant: Marilyn W. Felinski transfers ownership SOM licensed business located at 1930
Lakeshore, Muskegon, Ml 49441, Muskegon County, from Bill W. Felinski.
\
Please make an investigation of this application. If you do not believe that the applicants are qualified for
licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request,
LC-1800, or for Detroit police, the Detroit Police Investigation ot License Request, LC-1802. ~ there is not
enough room on the front of the form, you may use the back.
Foiward your report and recommendations of the applicant to the Licensing Division.
(X) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
(Marilyn W. Felinski)
II you have any questions, contact the Licensing Division at (517) 322-1400.
vlr
LC-1971Rev01,l'l1
4880-lm
LIQUtOR LICENSE REVIE'VV FOR.l-VI
RusJirness Name:
AKA Business Name (ff applicalble): _ _ _ _ _ _ _ _ _ _ _ __
Ope.rator/Manager's Name: m Cf/' I - ~ /') · J. & / '.r; Sir,
.Business Address: J°/ ✓ eJ L-cr/(e-shor" e.
Reason for Review:
New License D Transfer of ~wnership ,@' Dance Permit ·D
Drop/Add Name on License D· Transfer Locatfon D
Drop/Add Stockholder Name D New Entertainment PeJrmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~ wing _D Amount: - - - -
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
~
Department Signature__~_.;...---=;__'----""-- - - - - -- - - - -
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.-VI
Ensiness Name: lllac I:
AKA..Business Name (if applicable): _ _ __ _ _ _ _ _ _ _ __
Operator/Manager's Name: #lcrr1.!cr) .:r &lns;t,
Business Address: J°/J'o Lcr/(e-sl?or e.
Reason for Review:
New License 0 Transfer of Ownership ,@ Dance Permit ·D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: __________
Polke Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing_O Amount:
Treasurer Approved ~wingO Amount:
Zoning Approved • Denied D Pending ZIBA 0
Clerk's Approved
• 0wungO Amount:
Fi.re/Inspection Compliance D Remaining Defects
Services
Department Signat~ ---~
--- ------- - -- - - - - -- - - - -
Gail A. Kundinger, City Clerk
Liquor License Coordmator
LIQUOR LICENSE REVIEW FORJ.vI
AKA..·Business Name (if appikalble): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Mam.age:r's Name: /!Jc,r/!,c r; J, &£~ sir,
Business Address: J °I Jv Lcr. %e.s /20,r' e.
Reason for Review:
New License D Transfer of ~wnership @ Dance Permit ·D
Drop/Add Name on License •· D
Transfer Location
Drop/Add Stockholder Name 0 New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: _______ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved fil Denied D Pending ZBA 0
Clerk's Approved D Owing • Amount:
Fire/InspectioJtD. Compliance D Remaining Defects
Services
Department Signature ~ ; ,t;, ~ c0,(~~
RF<;r:" ,r:n
JII I ?. R . ,l
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.-VI
Ge
Ensiness Name: ____L=-'-'a......,..,,/.... ___w
........t/.....1_·e, ___,._l72_,_,_·""""a'--"-c__._f-
_ _ _ __
AKA]3usiness Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: !'7lcrr1•!,c r) J. & &n ·s;t,
Business Address: )1 ✓ V /_q/(e,s/2ore
Reason for Review:
New License D Transfer of ~wnership ,@' Dance Permit D_
Drop/Add Name on License • D
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Depairtme.mt Approved D Denied D No Action Needed D
Income Tax Approved • Owing _ • Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending .ZBA 0
Clerlk's Approved
• Ownng • Amount:
Fire/Inspection Compliance ~ Remaining Defects
Services
Gail A. Kundinger, City Clerk
-Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.v!
Bmri.ness Name: ____L~a_,._,,£,_e
.........t/...,.1_·c,. ___.,_/U--'-'-·-=a. . .c___._f
........w . _____
AKA Business Name (i:f applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: /TJcrr1.!c/'J J. &/~ ·sir,
Business Address: ; °I 7° L ct J(e, s /20,,-- e.
Reason for Review:
New License D Transfer of Ownership J(f D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~illlment Peirmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed! D
Income Tax Approved • Owing_O
Amount:
Treasurer Approved
• DOwing Amount:
Zoning Approved • Denied D Pending ZBA 0
Clerk's Approved
• 0wnngO Amount:
Fire/Inspection
Services
Compliance ¢ Remaining Defects
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Commission Meeting Date: July 23, 2002
Date: July 10, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department WC
RE: Sale of Buildable Vacant Lot on Yuba Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 371 Yuba Street (designated as parcel
number 24-205-142-0012-00) described as SLY 65 FT OF ELY 115 FT OF LOT 12 BLK
142 CITY OF MUSKEGON REVISED PLAT OF 1903 to Galloway Homes, L.L.C., of 6329
Red Rock Court, Muskegon, Ml. The lot is 65 x 115 ft. and is being offered to Galloway
Homes for $4,250. He plans to use the land for the construction of a 1,260 sq. ft single-
family home. The home will contain 3 bedrooms, a full basement, and a 2-stall attached
garage. The appraised value of the lot is $4,250 and the Galloway Homes submitted the
only bid of $4,250.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
7/10/02
Resolution No. 2002-86 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 317 YUBA STREET
IN JACKSON HILL NEIGBBORHOOD FOR $4,250.
'
WHEREAS, Galloway Homes, L.L. C. has placed a $400 deposit for the parcel designated as
parcel numbers 24-205-142-0012-00, located at 371 Yuba Avenue;
WHEREAS, Galloway Homes, L.L.C. has submitted the only bid of$4,250 for the parcel
designated as parcel numbers 24-205-142-0012-0l, located at 371 Yuba Street;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-142-0012-00, located at
371 Yuba Street be sold to the above-mentioned buyer.
LOT 12, BLOCK 142 OF THE REVISED PLAT (OF 1903) OF THE CITY OF
MUSKEGON, AS RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON
COUNTY RECORDS, EXCEPT THAT PART DEEDED TO THE STATE IDGHWAY
AS EVIDENCED IN LIBER 772, PAGE 916;
Adopted this 23rd day of July, 2002
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 23, 2002.
By: _r'lo,,.~~·a..t;~{,!,,__..J.l~~~~y
Gail Kundinger, c;t rk
QUIT-CLAIM DEED
K}fOW ALL MEN BY TIJESE PRESENTS: That the CITY OF lWUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, lv.lichigan 49442,
QUIT CLAIMS to GALLOWAY HOMES, L.L.C., a Michigan limited liability company, of 6329 Red Rock Court, Muskegon, MI
49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot 12, Block 142 of the revised Plat (of 1903) of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71, Muskegon County Records, except that
part deeded to the State Highway as evidenced in Liber 772, Page 916
(a/k/a 371 Yuba Street)
for the sum of Four Thousand Two Hundred Fifty and no/I 00 Dollars ($4,250.00).
PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City ofMnskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. ·Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City ofMuskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event ofreversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (1) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
1
Dated this ,2;,J day·of_--'/__,"'/""
,1'-"c-~.-";,1~.,,_,~,~·-_ __,, 2002 .
. ,;;--
Signed in the presence of:
C:\DOCUME-1 IANGUILMILOCALS~1 ITEMPIAC6199.00C
STATE OF 1{!CBIGAN
COUNTY OF MUSKEGON
, /) ·I /)
Tue foregoing instrument was aclmow!edged before me this ,;-;z·,, ,-i' day of /~ u a,,_ ,, -~
2002, by STEPHEN J, WARMINGTON and GAIL A, KUNDINGER, Mayor and Clerk, respEctively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City,
Notary Public, Muskegon Connty, MI
My Comm. Expires: /- .,,?,s-o, -,
PREPARED BY: John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml 49443-0786
Telephone: 231/722-162 I
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
C:'.OOCUME-1\anguilm\LOCALS-1\TemplACS199.DOC
REAL ESTATE PURCHASE AGREEMENT
2002-86(c)
THIS AGREEMENT is made July 23 , 2002, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan
49442 ("Seller"), and GALLOWAY HO IVIES, L.L.C.; of 6329 Red Rock Court, Muskegon,
Michigan 49444 ("Buyer").
1. General Agreement a11d Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
Southerly 65 feet of the Easterly 115 feet
of Lot 12, Block 142, CITY OF MUSKEGON
REVISED PLAT OF 1903
(a/le/a 371 Yuba Street)
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and iVfanner of Payment. The purchase price for the Premises
shall be Four Thousand Two Hundred Fifty and no/100 Dollars ($4,250.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title connnitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
uureasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
G,IEDSI\FiLES\00100\181 0IRPA_RESIIAC6205.DOC )
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (I 8) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land. ·
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
tennination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO Il\ilPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER Il\ilPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH Il\ilPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THJS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAJ.'"\JD, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AJ.'"\JD INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. BUYER
ACKNOWLEDGES THAT SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR
CONTAMINATION ON THE PROPERTY, AND BUYER WAIVES ANY CLAJM AGAINST
SELLER BASED ON THE PRESENCE OF SAME.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ __
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
G:\EDSIIFILES\00!001181 0IRP A_RESI\AC6205.DOC 2
570 Seminole Road, Ste. I 02, Muskegon, J\.tll 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
10. Delivel'Y of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, i:f' any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Pmragrapill Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. lVfodification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
G:IEDSnF!LES\001 OOIJ 8101RPA_RES11AC6205.DOC 3
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
Gail A. Kundinger, Clerk
BUYER: GALLOWAY HOMES, L.L.C., a
Michigan limited liability company
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Commission Meeting Date: July 23, 2002
Date: July 8, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cbC
RE: Sale of Non-buildable Lot at 300.5 Jackson Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-141-0008-10) at
300.5 Jackson Avenue to Doris Hooper, of 300 Jackson Avenue, Muskegon, Ml 49442
Approval of this sale will allow the adjacent property owner to expand her current yard
(see attached map). Since this vacant lot is located directly behind Ms. Hooper's
property and has no street frontage, the sale of the entire lot to her makes the most
sense. As is required by City policy, the subject parcel is being offered for $100 to Ms.
Hooper.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
7/8/2002 1
CITY OF MUSKEGON
RESOLUTION #2002-86(ct )
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from Doris Hooper, 300 Jackson Avenue,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to his
property at 300.5 Jackson Avenue (parcel #24-205-141-0008- 10);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City;
NOW, THEREFORE BE IT RESOLVED, that CITY OF MUSKEGON REVISED PLAT 1903
N ½ OF LOT 7 AND N ½ OF W ½ LOT 8 BLK 141 be sold to Doris Hooper for $100.
Resolution adopted this 23rd day of July, 2002.
Ayes: Warmington, Buie, Gawron, Larson, Schweifl er, Sheph~rd, Spataro
Nays: None
Absent: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on July 23, 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
. By
Gail A. Kundinger, Clerk
QUIT-CLAIM DEED
2002-86 (d)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: DORIS HOOPER, of300 Jackson Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903
North 1/2 of Lot 7 and North l/2 of West l/2 of Lot 8, Block 141
for the sum of One Hundred and no/100 Dollars ($ 100.00).
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this J./..sJ:
day of Ju ~ - ,2002, by
Steve Warmington and Gail A. Kundinger, Mayor and Clerk, respectively, of the CITY OF SKEGON, a
municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier
Parmenter O'Toole
175 W. Apple Ave., P. 0. Box 786
Muskegon,MI49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
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Commission Meeting Date: July 23, 2002
Date: July 8, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development<'.'/::,L
RE: Sale of Non-buildable Lot at 213 Amity Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-209-0005-00) at 213
Amity Avenue to Floyd L. Cook, Jr., 223 Amity Anenue, Muskegon, Ml 49442 Approval
of this sale will allow the adjacent property owner to expand his current yard (see
attached map). As is required by City policy, the subject parcel is being offered for $100
to Mr. Cook.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
7/8/2002
CITY OF MUSKEGON
RESOLUTION #2002- 86 (e l
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from Floyd L. Cook, Jr., 223 Amity
Avenue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to
his property at 213 Amity Avenue (parcel #24-205-209-0005-00);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City;
NOW, THEREFORE BE IT RESOLVED, that CITY OF MUSKEGON REVISED PLAT 1903
LOT 5 BLK 209 be sold to Floyd L. Cook, Jr. for $100.
Resolution adopted this 23rd day of July, 2002.
Ayes: W
armington, Buie , Gawron, Larson, Schwei fler, Shepher d , Spat ar o
Nays: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on July 23, 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
QUIT-CLAIM DEED
2002-86(e)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: FLOYD L. COOK, JR., a single man, of223 Amity Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, Lot 5, Block 209
for the sum of One Hundred and no/ 100 Dollars ($100.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
~CLA 20J;f"Sec. --11--
6(h)~-
Dated thi__ day o f ~ ' 2002.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
,'. The foregoing instrument was acknowledged before me this Jh,1-day of J:., {y ,
2002, by Ste_ye Warmington and Gail A. Kundinger, Mayor and Clerk, respectively, of the CIT.Y OF MUSKEGON,
a municipal corporation, on behalf of the City.
~ s,d) &1if!u
Notary Public, Muskegon County, MI
My Comm. Expires: 9-tv.S-- O,)._
PREPARED BY:
John C. Schrier
Parmenter O'Toole
175 W. Apple A've., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
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Commission Meeting Date: July 23, 2002
Date: July 16, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJL,,
RE: Sale of Non-buildable Lot at 644 Leonard Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-765-003-0033-00) at 644
Leoonard Avenue to Roshelia Winters, 634 Leonard Avenue, Muskegon, Ml 49442
Approval of this sale will allow the adjacent property owner to expand her current yard
(see attached map). As is required by City policy, the subject parcel is being offered for
$100 to Ms. Winters.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
7/16/2002
CITY OF MUSKEGON
RESOLUTION #2002- 86 ( r)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from Roshelia Winters, 634 Leonard
Avenue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to
her property at 644 Leonard Avenue (parcel #24-765-003-0033-00);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City;
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903, SUB DIV OF BLK 3 LOT 33 BLK 3 ALSO S ½ VAC ADJ ALLEY be sold to
Roshelia Winters for $100.
Resolution adopted this 23rd day of July, 2002.
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spa taro
Nays: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on July 23, 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
QUIT-CLAIM DEED
2002-86(f)
KNOW ALL MEN BY THESE PRESENTS: That the CITY O.F MUSKEGON, a municipal corporation, whose
address is 933 Te1rnce Street, Muskegon, MI 49440,
QUIT CLAIMS TO: ROSHELIA WINTERS, of 634 Leonard A venue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 Subdivision of Block 3,
Lot 33, Block 3, also South 1/2 of vacated adjacent alley
for the sum of One Hundred and no/100 Dollars ($100.00) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 201:_j§- Sec. 6Ch),51- {}-
Dated thi ,;If fJJ#.--_, 2002.
day of
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Theforegoing instrument was acknowledged before me this 3 /J.rday of J u/¥:. ,
2002, by
Stephen J. Warmington and Gail A. Kundinger, Mayor and Clerk, respectively, of the CITVOF MUSKEGON, a
municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: 2-w.S--0~
175 W. Apple Ave., P. 0 . Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
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Commission Meeting Date: July 25, 2000
Date: July 12, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Request for a Planned Unit Development for 808 Oak Ave.
SUMMARY OF REQUEST:
Request for preliminary approval for a Planned Unit Development for a portion of the
property at 808 Oak Ave., for a mini-storage development. The request is from Tim
Vanderstelt.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended denial of the request for a preliminary PUD
at their 7/11 meeting. The vote was unanimous with P. Veltkamp, B. Mazade and M.
Kleaveland absent.
7/1212002
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Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 11, 2002
Hearing; Case 2002-28: Request for a Planned Unit Development to allow a portion of the
property at 808 Oak Ave. to be used for mini-storage, by Tim Vanderstelt.
BACKGROUND
Applicant: Tim Vanderstelt
Request: To permit allow a portion of the property at 808 Oak Ave. to be used for mini-storage.
Present Land Use: Residential and greenhouses
Zoning: R-1, Single-Family Residential and OSC, Open Space Conservation
STAFF OBSERVATIONS
I. In July of 2000, the applicant applied to have the subject property rezoned from R-1 and OSC to
B-4 (General Business) in order to allow a mini-storage use on the property. The rezoning was
denied by the City Commission (see enclosed PC minutes).
2. In October of 2000, the applicant applied for a use variance from the Zoning Board of Appeals
(ZBA) in order to allow the mini-storage use on the property. The use variance was denied by
the ZBA (see enclosed ZBA minutes).
3. The subject property is located within two different zoning districts, R-1 and OSC. The
property has frontage along Getty St., as well as Oak Ave., and contains a pmtion of the
Ryerson Creek ravine in the rear pmtion, and along the Getty St. frontage.
4. There is currently one business located on the R-1 portion of the subject property, Vanderstelt
Greenhouses. This existing use is non-conforming. The R-1 portion of the property also
contains a residence.
5. The subject property is located several blocks nmth of the more commercialized Apple Avenue
corridor, and is almost completely sunounded by residential uses with some vacant, open space
behind. The Master Plan recommends that the focus of the area stay residential.
6. Although Getty St. is mostly a commercial corridor south of Apple Ave., the section north of
Apple Ave. mostly contains lower intensity uses such as homes and churches. There are some
existing commercial uses scattered along this section of Getty St. as well, although the zoning is
B-1 (Limited Business).
7. The Getty Street Corridor Study (adopted by the City Commission in February 2001), shows the
subject property as being located along Segment A, which it calls 'predominantly residential'.
The study also states:
a. Segment A (Skyline to Apple Ave.) is principally zoned single-family residential with a
small pmtion near the US3 l Bypass zoned as light industrial and commercial. Several
City of Muskegon Planning Commission - 7/11/02 1
commercial uses are currently non-conforming. Between Oak and Marquette Aves., there
are more vacant lots than built structures.
b. Segment A can be classified as a "suburban" arterial street serving residential
neighborhoods, in contrast to Segment B which can be classified as an "urban" arterial street
gradually transitioning to an "intermediate" mierial at the Sherman Boulevard intersection
(Segment C).
c. Strategy #2 - "Restore Commercial Vibrancy and Promote Business Competitiveness
through Aesthetic Elements" recommends for Segment A:
i) Preserve residential character of the neighborhood and prohibit future commercial or
industrial development within the segment.
ii) Preserve open spaces for future park re-development.
iii) Phase out non-conforming uses.
d. Strategy #4 - "Transform the Conidor into a Commercial Destination" recommends for
Segment A:
i) This segment should retain its residential character and further commercial development
in the area should not be allowed.
8. Staff feels that this area should remain residential in nature, as recommended by the Master
Land Use Plan and the Getty Street Corridor Study. Staff has previously spoken to Mr.
Vanderstelt about other options for the property, such as rezoning to a multi-family district
which would permit duplexes or a small, low-density multi-family development. Due to the
residential character of the area, along with the natural character of the rear portion of the
prope1iy, staff is hesitant to see a commercial or business use on the propetiy, other than the
existing greenhouse use, which is already non-conforming.
9. The use of a PUD is traditionally for mixed-use developments. There is no mixed-use proposed
for this site. Staff feels that PUDs can undermine zoning if used incorrectly as a 'de-facto'
rezoning. Other PUDs which have been approved recently include Balcom's Cove, which is an
allowed use within the WM district through the use of a PUD. The PUD for the former Norge
building included retail and industrial uses many of which were already permitted in the WM
district as well. Mini-storage is only permitted in the B-4 zoning district, and as such is a very
intensive commercial use with increased traffic and noise, which staff does not feel is an
appropriate type of use for an area zoned for either single-family residential or open space
conservation.
10. Staff has received one phone call on this case. The caller did not leave a nmne or address but
lives close by and is in opposition to the request. He stated that mini-storage won't improve the
neighborhood and will bring a lot of additional foot traffic to the area, giving him concerns
about security. He believes the use would bring added traffic and had concerns with where the
entrance to the site would be. If off of Getty at the bottom of the hill, he stated that there will be
accidents as cars travel too fast already down the hill. He is also worried about pest and garbage
problems with the storage units.
City of Muskegon Planning Commission - 7/11/02 2
PHOTOS
City of Muskegon Planning Commission - 7/11/02 3
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 7/11/02 4
CITY OF MUSKEGON
RESOLUTION#2002- 86 (g )
RESOLUTION TO DENY A PLANNED UNIT DEVELOPMENT FOR A PORTION OF
THE PROPERTY LOCATED AT 808 OAK AVE.
WHEREAS, a petition for a preliminary planned unit development was received from Tim
Vanderstelt to allow mini-storage on a portion of his property; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended denial of the preliminary
Planned Unit Development.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the preliminary planned unit development is hereby
denied.
Adopted this 23 rd day of July, 2002
Ayes: War mi ngton , Bui e , Gawron, Lar son , Schwei f l er , Shepher d , Spatar o
Nays: None
Absent: None
Attest: •
Gail A. Kundinger, Clerk
2002- 86(g )
CERTIFICATE (Preliminary PUD for 808 Oak Ave.)
The undersigned, being the duly qualilied clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 23rd day of July, 2002, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records ofthe City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby. /
DATED: ~ , 2000. ~ a.J_ ~cL.,.,,___Q,L.J
Gail Kundinger, CMC/AAE Q
Clerk, City of Muskegon
Commission Meeting Date: July 23, 2002
Date: July 15, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Vacation of a portion of Bluff St.
SUMMARY OF REQUEST:
Request for the vacation of Bluff St., south of Fulton St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the portion of Bluff St., with the condition that any City
easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended the vacation, with the condition as listed
above. The vote was unanimous with P. Veltkamp, B. Mazade and M. Kleaveland
absent.
7/15/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 11, 2002
Hearing; Case 2002-27: Request for vacation of a portion of Bluff St., lying adjacent to Block
747 and Block 749 (near Fulton Ave.), by John Darien Homes, Inc.
BACKGROUND
This request was made along with the previous request in order to allow the development of the
proposed condominium units at the north end of the Harbour Towne development. There is a small
(approx. 80 feet long) existing portion of Bluff St. right-of-way off of the south side of Fulton St.,
adjacent to the intersection of Fulton St., and W. Harbour Towne Circle. This portion of Bluff St.
does not physically exist and does not appear to serve any practical pmpose. There are no buildings
or other structures currently located along this portion of Bluff St.
The Department of Public Works has no objections to vacating this portion of street, as there are no
City utilities located in the right-of-way.
City of Muskegon Planning Commission - 7/11/02 1
CITY OF MUSKEGON
RESOLUTION #2002-86(hl
RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET
WHEREAS, a petition has been received to vacate Bluff St., south of Fulton St.; and
WHEREAS, the Planning Commission held a public hearing on July 11, 2002 to consider the petition
and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the July 23, 2002 City Commission ·
meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Bluff St., south of Fulton St., as described in the attached
legal description;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon, operating in, over and upon said portion
of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full
force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any structure. No structure shall
be placed in the easement which, in the sole judgment of the City, will interfere with the repair or ·
maintenance of utilities in the easement, public or private.
Adopted this 23 rd day of July, 2002.
Ayes: Warmingt on, Bui e , Gawr on, Larson, Schweifler, Shephe rd , Spata ro
Nays: None
Absent: None
CERTIFICAIB (Vacation ofBluffSt.)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
on July 23, 2002.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
VACATED PORTION OF BLUFF STREET
THAT PART OF VACATED BLUFF STREET LYING ADJACENT TO BLOCK 747 AND BLOCK 749 OF
THE 1902 REVISED PLAT OF' THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS F'OLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF BLOCK 747 FOR THE POINT OF
BEGINNING:
THENCE SOUTH 33 DEGREES 31 MINUTES 25 SECONDS EAST ALONG THE WESTERLY SIDE OF
SAID BLOCK 747, A DISTANCE OF' 84.98 FEET TO THE NORTHWEST CORNER OF LOT 5 OF
BLOCK747;
THENCE SOUTH 84 DEGREES 05 MINUTES 58 SECONDS WEST ALONG THE EXTENDED NORTH
LINE OF SAID LOT 5, A DISTANCE OF 49.65 FEET;
THENCE NORTH 33 DEGREES 31 MINUTES 25 SECONDS WEST ALONG THE WESTERLY LINE OF
BLUF'F STREET, AS PLATTEO, A DISTANCE OF 84.98 F'EET:
THENCE NORTH 84 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE EXTENDED
SOUTHERLY LINE OF F'ULTON STREET, A DISTANCE OF 49.65 FEET TO THE POINT OF
BEGINNING;
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Commission Meeting Date: July 23, 2002
Date: July 12, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developme~
RE: Rezoning request for the West Village Mall
SUMMARY OF REQUEST:
Request to rezone property owned by West Village Mall, LLC, located at 2500 Henry
St. (West Village Mall), from B-2, Convenience and Comparison Business to B-4,
General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/11 meeting.
The vote was unanimous with P. Veltkamp, B. Mazade and M. Kleaveland absent.
7/1212002
N
City of Muskegon
Planning Commission W~EI
Case# 2002-30 s
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B-4 = General Business
B-2 1-1 = Light Industrial
PUD = Planned Unit Development Overlay
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 11, 2002
Hearing; Case 2002-30: Request to rezone the West Village Mall (NE corner of Sherman
Blvd. & Henry St.) from B-2, Convenience and Comparison Business to B-4, General
Business, by West Village Mall, LLC.
BACKGROUND
Applicant: West Village Mall, LLC
Address/Location of Subject Property: 1500 Henry St.
Current Zoning: B-2, Convenience and Comparison Business
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The subject prope1ty is located at 1500 Henry St., and fronts on both Henry St. and Sherman
Blvd. The subject property contains the West Village Mall strip commercial development as
well as several separate buildings. These include the Sardine Room, the former New York
Carpet World building (now vacant), and the former Professional Center which has since been
demolished.
2. The West Village Mall is currently zoned B-2. The B-2 district allows retail uses such as are
found on the property, but the intent of the dish·ict is to prohibit 'strip' commercial
development. As the mall is situated on one of the busiest corners in Muskegon, and already
contains a strip commercial development, staff feels that B-4 is a more appropriate zoning
designation.
3. All of the existing uses within the prope1ty will conform with the B-4 district if the rezoning is
approved. The West Michigan Children's Museum is looking to occupy the former New York
Carpet World building and that use is also permitted in the B-4 district.
4. The Future Land Use Map shows the subject property to be "Commercial".
5. The Master Land Use Plan states:
• Henry Street is one of the metro areas most popular commercial corridors. Henry St. links
the sub-area to the nearby cities of Roosevelt Park and Norton Shores. Commercial
development is generally found throughout the length of Henry Street, with the largest
concentration at the southern end near Sherman Boulevard. At this location, one finds retail
strip centers lying east and west of Henry. Historically, these centers have served a regional
population base offering grocery, pharmacy, clothing, automotive, restaurant, and general
retail goods.
6. Sub-Area Stability:
City of Muskegon Planning Commission - 7/11/02 I
• Although commercial development along Henry St. is undergoing some change, the sub-area
as a whole is relatively stable.
• Due to competition from new commercial development occmTing in outlying locations,
Henry Street's position as the region's premier commercial sector has declined.
Notwithstanding that fact, however, Henry Street's central position to a large population
base should ultimately counter any declining trend.
7. The Master Plan recommends for this sub-area:
• Complete the full commercial development of that area lying between Henry Street, Laketon
Avenue, Seaway Drive and Sherman Boulevard.
8. Staff has not received any phone calls or letters regarding this case.
PHOTOS
City of Muskegon Planning Commission - 7/11/02 2
ORDINANCE EXCERPTS
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and community shopping
needs of residents in the Muskegon Area, and they are intended to be located in planned groups near the intersection of
major thoroughfares. All business establishments shall be retail or service establishments dealing directly with
consumers, and all goods produced on the premises shall be sold at retail on the premises where produced. All
business, servicing or processing, except off-street parking or loading, shall be conducted within a completely enclosed
building, unless otherwise provided by this Ordinance and specifically approved by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a B-2 Convenience and Comparison Business District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
provided for in this Ordinance:
I. Any generally recognized retail business which supplies commodities such as: groceries, meats, dairy
products, baked goods or other foods, drugs, drygoods, and notions or hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber
shops, banks and savings and loan offices, pharmacist and laboratories, or any service establishment of an
office-showroom or workshop nature of an electrician, decorator, dressmaker, tailor, shoemaker, baker,
printer, upholsterer, appliance repair, photographic reproduction, and similar establishments that require a
retail character no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers, accountants, and similar
or allied professions. Offices may be permitted for similar or allied professions. Offices may be permitted for
applied technology, light technological research, research and development facilities with laboratories, but no
industrially oriented production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive, administrative and professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
8. Private clubs, lodge halls, social, and similar organizations, including assembly or rental halls.
9. Residential uses as part of a building in this business zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, but provided that the minimum lot area requirements of the
RM-2 District are met.
10. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
11. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their access01y buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
City of Muskegon Planning Commission - 7/11/02 3
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission. A site plan shall not be required when no external changes are made to the buildings or properties.
1. Automobile service stations for the sa]e of gasoline, oil, tires, muffler tune up, not including major repair such
as engine rebuilding, undercoating, and similar industrially oriented activities, and subject further to the
following:
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal function.
3. Business in the character of a drive-in restaurant, or open front store, subject to the following:
4. Churches and other facilities normally incidental thereto subject to the following conditions: ..
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the following
conditions: ...
6. Stores selling second hand merchandise, subject to the following: [amended 12/01] ...
7. Business schools, or private schools operated for profit. Examples of private schools permitted herein include,
but are not limited to, the following: dance schools, music and voice schools, and art studios: [amended
5/02] ...
8. Accessmy buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
9. Uses similar to the above Special Land Uses Permitted.
10. Self-serve, coin operated, automobile car wash, enclosed in a building.
SECTION 1102: PLANNED UNIT DEVELOPMENTS
SECTION 1103: AREA AND BULK REQUIREMENTS [amended 4/00]
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including automotive
services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business Districts. Placement
along presently developed major traffic arteries prevents the conflict of traffic and pedestrian movement since the
General Business District is characterized by a minimum of pedestrian flow. The B-4 General Business Districts have
been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (I) or more of the following specified uses, unless otherwise providing in this
Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
City of Muskegon Planning Commission - 7111/02 4
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following: ...
7. Self service laundry and dry cleaning establishments.
8. Amusement, ente1tainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building or is
enclosed as not to be visible to the public from any abutting residential district or public street.
I 0. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a Certificate of
Occupancy from the Department of Inspections, but provided that the minimum lot area requirements of the
RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting, grinding, or welding of
parts.
16. Principal Use as permitted in B-2 Districts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
18. Uses similar to the above Principal Uses Permitted.
SECTION 130 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, ifrequired) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission. A site plan shall not be required when there is no change to buildings or existing facilities.
1. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational vehicles,
subject to the following ...
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the following: ..
4. Outdoor recreational space for amusement parks, miniature golf courses) and other outdoor recreation
activities subject to the following: ..
5. Outdoor theaters subject to the following conditions: ...
City of Muskegon Planning Commission - 7/l I /02 5
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following conditions: ...
8. Commercial Kennels [amended 5/96]
9. Mini Storage (warehouse facilities) [amended 10/98] ...
10. Accessory uses and accessory buildings customarily incidental to the above Special Land Uses Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (l) (f) of this code.
SECTION 1302: PLANNED UNlT DEVELOPMENTS [amended 10/98]
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan
of the City.
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural 1·esources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
City of Muskegon Planning Commission - 7/I 1/02 6
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
City of Muskegon Planning Commission - 7/11/02 7
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2083
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from B-2 "Convenience and Comparison Business" to B-4 "General Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from B-2 "Convenience and Comparison Business" to B-4 "General Business":
COMMENCING ON THE SOUTH LINE OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST, 264 FEET SOUTH
88 DEGREES, 30 MINUTES 10 SECONDS EAST OF THE SOUTHWEST CORNER OF SAID SECTION 31 ,
THENCE SOUTH 88 DEGREES 30 MINUTES 10 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION,
480.08 FEET TO THE WESTERLY LINE OF THE NORTON GLADE EXPRESSWAY, THENCE NORTH 1 DEGREE
06 MINUTES 50 SECONDS EAST ALONG THE WEST LINE OF THE NORTON GLADE EXPRESSWAY 707 FEET,
THENCE NORTH 88 DEGREES 30 MINUTES 10 SECONDS WEST 740.34 FEET TO THE WEST LINE OF SAID
SECTION 31, THENCE SOUTH 1 DEGREE 26 MINUES 50 SECONDS WEST 542 FEET ALONG THE WEST LINE
OF SAID SECTION 31, THENCE SOUTH 88 DEGREES 30 MINUTES 10 SECONDS EAST 264 FEET, THENCE
SOUTH 1 DEGREE 26 MINUTES 50 SECONDS WEST 165 FEET TO THE PLACE OF BEGINNING.
This ordinance adopted:
Ayes: Warmington, Buie , Gawron , Larson , Schwe i fler , Shepherd, Spatar o
Nayes: None
Adoption Date: July 23 , 2002
Effective Date: August 1 1 , 2002
First Reading: J uly 23, 2002
Second Reading: N/ A
- ~~-- -------
CERTIFICAIB (Rezoning of West Village Mall from B-2 to B-4)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 23 rd day of
July, 2002, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: ____
'l - 2-. 9 ___, 2002.
.,__
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 23, 2002, the City Commission of the City of Muskegon adopted an
ordioance amending the zoning map to provide for the change of zoning of the following property
from B-2 "Convenience and Comparison Business" to B-4 "General Business"
2500 Henry St. (West Village Mall):
COMMENCING ON THE SOUTH LINE OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST, 264 FEET
SOUTH 88 DEGREES, 30 MINUTES 10 SECONDS EAST OF THE SOUTHWEST CORNER OF SAID
SECTION 31, THENCE SOUTH 88 DEGREES 30 MINUTES 10SECONDS EAST ALONG THE SOUTH LINE
OF SAID SECTION, 480.08 FEET TO THE WESTERLY LINE OF THE NORTON GLADE EXPRESSWAY,
THENCE NORTH 1 DEGREE 06 MINUTES 50 SECONDS EAST ALONG THE WEST LINE OF THE
NORTON GLADE EXPRESSWAY 707 FEET, THENCE NORTH 88 DEGREES 30 MINUTES 10 SECONDS
WEST 740.34 FEET TO THE WEST LINE OF SAID SECTION 31, THENCE SOUTH 1 DEGREE 26 MINUES
50 SECONDS WEST 542 FEET ALONG THE WEST .LINE OF SAID SECTION 31, THENCE SOUTH 88
DEGREES 30 MINUTES 10 SECONDS EAST 264 FEET, THENCE SOUTH 1 DEGREE 26 MINUTES 50
SECONDS WEST 165 FEET TO THE PLACE OF BEGINNING.
Copies of the ordioance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordioance amendment is effective ten days from the date of this publication.
!'
Published (,f ry, i4 _,; af / , 2002 CITY OF MUSKEGON
By _ __,,,-----,,--------
Gail A. Kundioger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 10l-80400-5354
7/12102 4
Commission Meeting Date: July 23, 2002
Date: July 12, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Zoning Ordinance Amendment to cha~he Floodplain
Requirements to reflect recent changes in the building code.
SUMMARY OF REQUEST:
Request to amend Section 2323 (Flood Hazard Areas) of Article XXIII (General
Provisions) of the City's Zoning Ordinance to require that the lowest floor of a structure
be compliant with the State of Michigan code.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to change the proposed
language in the article and section described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/11 meeting,
with P. Veltkamp, B. Mazade and M. Kleaveland absent.
7/12/2002 1
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 11, 2002
Hearing; Case 2002-31: Staff-initiated request to amend the floodplain regulations of the
zoning ordinance to reflect recent changes in the building code.
BACKGROUND
In January, staff met with the District Floodplain Engineer from the Michigan Department of
Environmental Quality (MDEQ). One recommendation which was made to staff during that
meeting was that Muskegon's Zoning Ordinance should be amended to reflect the July 2001 change
in the building code. The exact comment from the DEQ was stated as below:
Our review indicates that the city's floodplain ordinance meets the minimum
standards of the NFIP (National Flood Insurance Program). However, with the
new building code, there exists much potential for confusion. When referring to the
elevation of the lowest floor related to the I 00-year floodplain elevation, the
Muskegon Ordinance uses the "at or above" language and the building code
requires at least one foot above. The more restrictive standard would apply. In
order to avoid confusion, we suggest the .floodplain ordinance be amended to
require the lowest floor be one foot above the I 00-year floodplain elevation or
require compliance with Section 327 of the Michigan Residential Code or Section
1612 of the Michigan Building Code for non-residential buildings.
Therefore staff is asking to make the amendment proposed in the language below (new
language in italics, deleted language in gkiJ..@ thP1).
ORDINANCE EXCERPT
SECTION 2323: FLOOD HAZARD AREAS
The intent of the regulations in this Section is to promote public health, safety, and general welfare and minimize public
and private losses due to flood conditions.
1. Flood hazard areas shall be treated as overlay districts, which shall:
a. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion,
or in flood heights or velocities.
b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction.
c. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which
are involved in the accommodation of flood waters.
City of Muskegon Planning Commission - 7/11/02 1
d. Control filling, grading, dredging, and other development which may increase erosion or flood
damage.
e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands.
2. This Section shall apply to all land which is depicted on the Flood Hazard Boundary Map/Flood Insurance
Rate Map 260161B dated June I, 1977 as determined by the Federal Insurance Administration. Any map
amendments are hereby adopted by reference, and Flood Hazard Districts are overlay Districts.
3. All new construction and substantial improvement to structures shall be constructed so that the lowest floor,
including basements shall be at least one foot"'-"" above the base flood elevation. As an alternate, residential
structures must comply with Section 327 of the Michigan Residential Code or non-residential buildings with
Section 1612 of the Michigan Building Code. aonr@siElantial stmct:Yrns, togathar with attamlaat ntilitfas and
s:;u:iitary facilitias may l?a B@sigRGEl se that B@low t.R@ Ei.=u;G -Aood ehwation t1u; stmstlua is wat@l:tight with malls
s11Bstantially imf)Gff.R@abhi to ER@ f)assag@ of ,,,at@r aBB •••itR stP1ct11ral somf)DRGnti; h:i!Jrig_g th@ sapabllffi)• of
r@sisting hydrostatic :!ind h5,drac:lynamie loaEls aad Gi2facts ef Buoya1-1cy
Any new and replacement water systems and sanitary sewage systems shall be designed to mm1m1ze or
eliminate infiltration of flood waters into the system and discharge from the system into flood waters. On-site
waste disposal systems are to be located to avoid impairment to them, or contamination from them during
flooding.
4. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This Section shall not create liability on the pmt of
the City of Muskegon or by any officer or employee thereof for any flood damages that result from reliance of
this Section or any administrative decision lawfully made thereunder.
5. When base flood elevation data has not been provided in accordance with Item 3, above, then the Zoning
Administrator, shall obtain, review, and reasonably utilize any base flood elevation date available from a
Federal, State, or other source.
6. Responsibilities of the Zoning Administrator shall be as follows:
a. Notify adjacent communities and the Michigan Department of Natural Resources prior to any
alteration or relocation of watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
b. Obtain necessary engineering analysis to assure that the flood-can-ying capacity with the altered or
relocated portion of said watercourse is maintained.
c. The Zoning Administrator shall review the proposed development to assure that all necessary permits
have been received from those governmental agencies from which approval is required by Federal or
State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 u.s.c. 1334.
d. For the purpose of the determination of applicable flood insurance risk premium rate, the Zoning
Administrator shall:
1) Obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved structures, and determine whether or not such
structures contain a basement.
City of Muskegon Planning Commission - 7/11/02 2
2) Obtain from a Registered Professional Engineer or Architect, certification that the flood-
proofing methods are adequate to withstand the flood depths, pressures, velocities, impact
and uplift forces and other factors associated with the base flood so that the structure is
watertight to the base flood level.
3) Maintain a record of all such information.
7. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards
(for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the
Zoning Administrator shall make the necessary interpretation. The person contesting the location of the
boundary shall be given reasonable opportunity to appeal the interpretation as provided in this Ordinance.
No new construction, substantial improvements or other development (including fill) shall be permitted within
the zones Al-30 of the City's Flood Insurance Rate Map (FIRM), unless it is demonstrated to the City
Commission and/or Zoning Administrator that the cumulative effect of the proposed development will not
increase the water surface elevation of the base flood more than one (I) foot at any point within the City.
City of Muskegon Planning Commission - 7/11/02 3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 2084
An ordinance to amend Section 2323 (Flood Hazard Areas), of Article XXIII (General
Provisions) of the City's Zoning Ordinance to amend the language for structures constructed in
floodplain areas.
THE CITY COI\t1MISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2323 (Flood Hazard Areas), of Article XXIII (General Provisions) of the Zoning Ordinance of
the City of Muskegon is hereby amended as follows:
3. All new construction and substantial improveinent to structures shall be constructed so that the
lowest floor, including basements, for residential structures shall comply with Section 327 of
the Michigan Residential Code or for non-residential buildings shall comply with Section
1612 of the Michigan Building Code.
This ordinance adopted:
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nayes: None
Adoption Date: July 23 , 2002
Effective Date: August 11, 2002
First Reading: July 23 , 2002
Second Reading: N/ A
-~ ~---------------
CITY OF ~SKEG~N I -
By: tki, Q.~ ~
Gail A. Kundinger, CityCl
Commission Meeting Date: July 23, 2002 - Zoning Ordinance Amendment for Floodplain Regulations
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
rd
23 day of July, 2002, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby. f1 . /
1
, ~
DATED: July 23 , 2002. ~ ~F
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 23, 2002, the City Commission of the City ofMuskegon adopted an
ordinance to amend Section 2323 (Flood Hazard Areas), of Article XXIII (General Provisions) of the
City's Zoning Ordinance as follows:
3. All new construction and substantial improvement to structures shall be constructed so that the
lowest floor, including basements, for residential structures shall comply with Section 327 of
the Michigan Residential Code or for non-residential buildings shall comply with Section
1612 of the Michigan Building Code.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon; Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Al;J1 u _, f- / , 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. I 01-80400-5354
Commission Meeting Date: July 23, 2002
Date: July 12, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Request for amendment to P l a n ~ Development for
Harbour Towne
SUMMARY OF REQUEST:
Request to amend the Planned Unit Development for Harbour Towne near the
intersection of Fulton St. and W. Harbour Towne Circle to include three two-unit
condominium buildings and twenty 'Carriage House' (garage) units.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the PUD amendment provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of a portion of the PUD
amendment, with the conditions listed on the attached resolution. That vote was
unanimous. The motion to recommend approval of the 'Carriage House' portion of the
request failed on a 3-3 vote, with L. Spataro, S. Warmington, and B. Smith voting yes
and J. Aslakson, P. Sartorius, and J. Stewart voting nay. P. Veltkamp, B. Mazade and
M. Kleaveland were absent.
7/12/2002
CITY OF MUSKEGON
RESOLUTION #2002- 88(al
RESOLUTION FOR AN AMENDMENT TO TIIB PLANNED UNIT DEVELOPMENT FOR
HARBOUR TOWNE
WHEREAS, a petition for a planned unit development amendment was received from John
Darien Homes, Inc.; and
WHEREAS, a planned unit development amendment will allow a change in the condominium
unit density and style planned for the area near the intersection of Fulton St. and W. Harbour
Towne Circle; and
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an oppmtunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of a po1tion of the
of the Planned Unit Development amendment with conditions as follows:
1. The proposed three 'Sandocker' buildings are approved as proposed.
2. A revised landscape plan shall be submitted showing:
a. The sizes and species of proposed landscape materials as well as a cross-section
of the proposed berm. Areas to be preserved shall be marked as such.
3. The original agreement for sidewalks for this Planned Unit Development is retained.
4. The applicant will work with the Fire Marshal for the required flow test.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by the City Planning
Commission be accepted and the planned unit development amendment is hereby approved with
conditions.
Adopted this 23 rd day of July, 2002
Ayes: Gawron , Larson, Schweifler, Shepherd, Spataro, Warmington, Buie
Nays: None
Absent None
Attest:._....c::=.:__::_::.::::..=--::::::::..:_.:._....:_:~ ~ ~ ~ ¥ ~
Gail A. Kundinger, Clerk
CERTIFICATE (Harbour Towne Pl.JD Amendment)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 23 rd day of July, 2002, at which meeting a quorwn was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
::;:D: 2002. ~ ~d'k,/
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 11, 2002
Hearing; Case 2002-26: Request to amend the Planned Unit Development for Harbour
Towne to permit construction of additional condominium and separate garage units, by John
Darien Homes, Inc.
BACKGROUND
Applicant: John Darien Homes, Inc.
Request: To permit construction of additional condominium and separate garage units in the
planned unit development.
Present Land Use: Residential condominiums and vacant land.
Zoning: LR, Lakefront Recreation
STAFF OBSERVATIONS
1. Harbour Towne is located in the Bluffton peninsula and contains several different styles of
condominium units as well as a marina and Docker's restaurant. Much of the development has
already been completed, although there are several units currently under construction.
2. The development is zoned LR, Lakefront Recreation, and is under a plarmed unit development
for a mixed-use residential, marina and commercial development.
3. The applicant is asking to amend the plans for a portion of the development at the northern edge
near where W. Harbour Towne Circle intersects with Fulton St., just north of the Docker's
parking area. The previously approved plan included two 'Baysider' 6-plex units and associated
landscaping in this location. The area cunently proposed for the 'Carriage House' units was
indicated to be vacant on the previously approved plan.
4. The applicant is proposing to change the units to three 'Revised Sandocker' 2-unit buildings,
which would reduce the total amount of units by half for the area. As a frame of reference, the
proposed buildings would be the same design as the end units of the following existing
structures: 3435 Pigeon Hill Ct., 3432 Sand Dock Ct., 1575 East Harbor Circle, and 1581 East
Harbor Circle.
5. The plan also calls for six 'Carriage House' buildings containing a total of 19 garage stalls, to be
located between W. Harbour Towne Cir. and the Docker's parking lot. The units would consist
of 2, 3, and 4-unit 'garages' intended as extra storage space for Harbour Towne residents. The
buildings are shown to be 8 feet apart, with a 25-foot to 33-foot maneuvering lane in between
them and two-way access to the private driveway and Marina View Point at each end.
6. All of the proposed 'Sandocker' units would take access from a drive which would be
constructed off ofW. Harbour Towne Cir., with no access onto Fulton St., or into the Docker's
parking lot. Individual drives for each unit would access off of the proposed new drive.
City of Muskegon Planning Commission - 7/11/02 1
7. Staff has reviewed the submitted site plan and has the following comments:
a. The site plan shows a 25-foot setback for all structnres off of both Fulton St. and W.
Harbour Towne Circle. This meets setback requirements.
b. The three duplex buildings are shown to be 33.39 feet apart from each other. This distance
is greater than what the side setback requirement would be if each duplex were to be built on
a separate lot.
c. Each proposed duplex unit contains an attached garage and paved driveway, which meets the
2 space per unit requirement of the zoning ordinance.
d. The proposed elevations for the 'Sandocker' units reflect 2-½ story buildings with offset
rooflines, gables, decorative windows and decks off of the second story. The 'front'
elevation would be visible from Fulton St., with the 'entry level' elevation visible from the
access driveway interior to Harbour Towne (see enclosed elevation drawings). The majority
of the buildings' windows and patio doors are on the 'front' elevation sides of the buildings.
e. The height of the proposed 'Sandocker' units about the same as than the units currently
under construction on the opposite corner of W. Harbour Towne Circle and Fulton St. Since
the proposed buildings are a design already used in the development and single family
homes are not immediately adjacent to the proposed structures, staff feels they will blend
well with the area.
f. The proposed 'Carriage House' units would be located on the south side of the proposed
access drive, between W. Harbour Towne Cir., and the Dockers' parking lot, at the corner of
W. Harbour Towne Cir. and Marina View Point. The units would be accessed both from the
proposed access drive and from Marina View Point.
g. The proposed setbacks from the Docker's parking area need to be provided for the 'Carriage
House' units.
h. The proposed elevations for the 'Carriage House' units show garage doors on the interior
sides of the buildings with gabled rooflines and windows facing out toward both W. Harbour
Towne Circle and the Dockers' parking lot. The street elevation shows a different style
window for each unit within a building. This helps to break up the long expanse of wall and
mimics the design of the condominium units already present within the Harbour Town
development. The garage door side of the buildings also shows gabled rooflines and
decorative windows which helps keep the stalls from looking like a commercial "mini-
storage".
1. Additional landscaping should be added to both the west and east setbacks of the carriage
houses to make them blend with the rest of the development.
J. The 'Carriage House' units are staggered so that each unit is slightly offset from others
within the same building. This will also help soften the appearance oflong continuos wall
of storage along the street.
k. The proposed landscape plan for the area is similar to the rest of the development and shows
natural dune grass areas interspersed with lawn areas and proposed landscape elements such
as shade trees, evergreen trees, small flowering trees and ornamental trees. Landscaping is
provided both along the W. Harbour Towne Circle frontage, near the drive entrance, and
interior to the units as well. The landscape plan shows areas of existing trees/natural area
City of Muskegon Planning Commission - 7/11/02 2
along the Fulton St. frontage.
I. A berm is shown between the Sandocker units and the existing parking area to the south. A
cross-section should be given for the berm, indicating the height of the proposed berm. The
berm and evergreen trees shown will act as screening for the adjacent parking area.
m. The landscape plan should indicate the sizes and species of all proposed trees. Existing trees
should be protected during construction with snow fencing or other measures.
n. The Fire Marshal has reviewed the site plan and has the following comment: A flow test will
be required for water supply and hydrants that are currently available (Comments received
6/24).
o. The City Engineer has reviewed the site plan and has no issues or concerns (Comments
received 7/1 ).
8. The proposed amendment to the PUD would decrease the residential unit density in this area,
but would add the garage or 'Carriage House' units, which were not previously shown on the
plan. Staff sees the necessity of having extra vehicular storage available, especially in an area
where many property owners will have boats or other recreational vehicles, which may
otherwise be stored in more visible areas. The proposed 'Carriage House' units are well-
designed, and should easily blend into the development.
9. In previous plan amendments the issue of pedestrian walkways has come up. The original PUD
required that walkways (sidewalks) be provided when the PUD became more fully developed.
This issue needs to be resolved. Cement sidewalks may not be practical in the development. A
boardwalk may be cost prohibitive. An option may be that a pedestrian/bike lane be painted on
the existing street demarking a pedestrian area that will prompt motorists to be mindful of
pedestrians and cyclists. The existing swath of pavement is fairly wide and open, which can
actually promote speeding in the development.
PHOTOS
City of Muskegon Planning Commission - 7 /11/02 3
DELIBERATION
Standards for discretionary uses: (emphasis provided)
I. Give due regard to thi: nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission- 7/11/02 4
CITIZEN PARTICIPATION REQUEST FORM
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Name of Speaker c:::r-e.:,~e ~/ /
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Phone :?
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Topic not on the agenda that you want to speak on._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Requested Amount of Time: 3 lYiinutes_ _ _ _ lO Minutes.~/i,__,._,_·_ _ _Other _ _ _ _ _ __
Request for Special equipment (specify),_-,t:..LL..::'c:'.l~----------------
Date of Meeting you wish to speak at is ------"'J'------'Z-"''""'3"-·_r.__::z__=--------------
Clerk' s Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Date_ _ _ _ _ __
July 18, 2002
City Commission
Clo City Clerk
City of Muskegon
933 Tenace Street
P.O. Box 536
Muskegon, MI 49443-0536
RE: Hearing Case 2002-26, John Darien Homes, Inc.
Dear City Commission,
As a resident of Harbour Towne I want to express my 100% backing of John Darien for
not only the additional condominiums, but specifically for the separate garage units that
will be called Caniage House.
I am personally offended to see commercial trucks, huge RV's, and boats lingering in
driveways. Two to three days are fine - weeks upon weeks are not. I think it looks tacky
and definitely detracts from the ambiance of Harbour Towne.
I will be out of town July 23, 2002, so please accept this letter as a YES vote on the
above issues.
Thank you!
Marion R. Battreall
1616 E. Harbour Towne Circle
Muskegon,MI4944l
231 -755 -5954
July 18, 2002
City Commission
% City Clerk
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon MI 49443-0536
I have just purchased a condominium at 1407 west Harbour Towne Circle that is directly
across the street from the proposed "Carriage House" units in Harbour Towne.
I am totally in support of the Developer's plan. 1 feel the design of the buildings and the
availability of additional garage or storage units will add to the value of my
condominium.
Sincerely,
John B. Whitlock
3543 Sand Bar Court
Muskegon, Michigan 49441
231-759-4218
Wednesday, July 17, 2002
Muskegon City Commission
c/o City Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49441-0536
Ladies and Gentlemen:
As residents of Harbour Towne, we are in favor of John Darien's proposal to
construct carriage houses for use of the residents of this subdivision.
We are also in favor of the recommendation to designate a
pedestrian/bicycle lane by striping Harbour Circle.
Storage units are needed by those who have a third car, commercial vehicle,
recreation vehicles, boats, or other equipment which can be unsightly if
stored in driveways or out of doors anywhere on the property. The plan that
Darien has proposed would solve that problem for those who need the extra
space, and the units as proposed would not detract from the attractiveness of
the area.
Placement of sidewalks would only tend to exacerbate the problem of
speeding cars along Harbour Circle, while the designation of a lane for
pedestrian/bicycle use should create more awareness and more care on the
part of motorists
We urge your approval of both of these proposals.
Sincerely,
' I" cl>€-e 6 ~.;::ir-- i ll - ., l1 _ /) . ... ?
:::----,- ~(.:Jl<__.. / -
~~~~LA'~
Mr. ld Mrs. John B. Whitlock
·• _____,/
July 20, 2002
City Commission
c/o City Clerk,City of Muskegon
933 Terrace St. P.O. Box 536
Muskegon, Mi. 49443-0536
Dear Commissioners,
We have lived at 3547 Sand Bar Ct. in Harbour Towne for 31/2 years. It is a great place to live
and we are enjoying it immensely. We recently received the letter from Deborah Steenhagen
regarding the hearing to discuss the developer's request to approve a zoning change to his
originally approved plan. The revision to the condo units is totally acceptable to us as is the
addition of the "Carriage House" garages at the proposed location based upon the plans we have
subsequently received from the developer. Since receiving the letter from Deborah Steenhagen
and subsequent to the Planing Commission hearing , we have received letters from the developer
and the Harbour Towne board regarding this proposal. It appears to us that this entire proposal
could have been accomplished much faster and with much less debate and confusion if the
developer had brought his proposal to the Harbour Town Board for discussion and agreement
prior to the date of the Planning Commission hearing. The comments and objections we have
heard from fellow owners is primarily due to lack of information which we feel resulted from
poor or lack of communication between the developer and the Harbour Town Board and
subsequently to the owners. A major question among the owners is who will own and maintain
the garage units and will they meet the current standards and color scheme of the development.
Also, with regard to the subject of adding sidewalks to the development, we walk frequently and
ride bikes on the streets with no problems whatsoever. We feel the addition of sidewalks would
greatly detract from the character of the development and would not be worth the added cost to
install as well as the costDo · taiZ'n
the .
Sincerely, ~, _--::__, ,
tt;;· '
2K6~L~
J - ~
Jim and Kay DeVries
3553 Marina View Point
Muskegon,MI49441
July 18, 2002
City Commission
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Re: Carriage House units at Harbour Towne
Dear Members of the City Commission,
As you consider the proposal before you, that of the Harbour Towne Carriage House
garage/storage units, please regard the need for such units, the tastefol design of the units
(which are in keeping with the integrity of the Harbour Towne Condominium
development) and the appropriate location of those units. The developer, John Darien
Homes, has carefully scrutinized the location (best-use-of land), and skillfully created a
most attractive and workable unit plan. There are many here in Harbour Towne who
would like to have an extra garage but cannot because of the configuration of our own
buildings. We are among that number and we ask that you vote to approve.
July 19,2002
City Commission
% City Clerk
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon MI 49443-0536
I have just purchased a condominium at 1337 West Harbour Towne Circle that is directly
across the street from the proposed "Carriage House,, units in Harbour Towne.
I am totally in support of the Developer's plan. I feel the design of the buildings and the
availability of additional garage or storage units will add to the value ofmy
condominium.
Sincerely,
Richard Stutzman & Terry Jager
~~/?
~~
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117U
July 22, 2002
City Commission
City of Muskegon
933 Terrace Street
Muskegon MI 49441
As a resident in Harbour Towne and the owner of Dockers Restaurant I wish to go on
record in favor of the Developer's proposal to add some storage space in the fonn of
Carriage Houses near the entrance to Dockers parking lot. My residence, adjoining the
parking lot, is only a few feet from the planned storage units.
In the seven years I have been in operation many of my Harbour Towne customers have
commented on the need for this type of facility. During this past week a number have
expressed support for the plan. The units will be attractive and will form a nice barrier
between Harbour Towne Circle and the parking lot.
Sincerely,
0
17 "7 ~
Gary thrasher
3633 Marina View Point
Muskegon MI 49441
ROBERT L. WHEATON
1446 EAST HARBOUR TOWNE CIRCLE
MUSKEGON , MICH I GAN 49441
,Tuly 19 , 2002
Muskegon City ~ommissidm ,
My wife and I have been residents of Harbou r
Towne for nine years. ~ e llve in one of the first
units that were built . we have watched it grow to
its present size, and would l ike to t hink tha t it
is , as a r ecen t Ghroninle arti cl e described it ,
an ''up-sc a l e 11 residenti ol co,nmllni t y.
we feel that the construc t jon of two rows of
coach-houses , orgar ug es , or whatever the develope r
chooses to call his sto rage sheds is anything but
11 up-scale", and would <lawn-grade t=1nd rle-val ue Bll
the units that have been bnilt so far .
you have osked for inp ut on the side - wal l</
stree t -markinf issue.
Asone who has driven i n and out of Rarbou r
Towne hund r eds of times, ond t aken da ily walks on
Har bour Towne Circle for years, I feel the street -
marking c oncept, while well-intentioned , is imprac-
tical and a waste
'T'he number of ld
v is i to r s v aries fr 8
condo-owner ha s ar
causes a traffic p
b e come even worse
confined to one si ch
prefer s fud e-wal ks .
ri1 h1:ink
you for ration
to the opinions of
very truly yrn1rs,
Robert J. Mason
1494 W. Harbour Towne Circle
Muskegon,Ml 49441
July 18, 2002
City Commission
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,Ml 49443-0536
To: The members of the City Commission of the City of Muskegon
Reference is made to a request to amend the Planned Unit Development for
Harbour Towne to permit construction of separate garage units by John Darien
Homes, Inc.
At a meeting of the City of Muskegon Planning Commission on July 11,
2002, the Harbour Towne Condominium Association was represented at the
meeting by members of its Board of Directors. Reflecting the position of residents,
the Board expressed its opposition to the construction of the garage units.
Without restating the factors the Board presented opposing the proposal,
as a resident of Harbour Towne, I want the members of the Commission to know
that I am in complete agreement with the position taken by the Association Board
on this issue, and therefore strongly recommend that the Commission deny the
request to construct the garage units. Your vote in support of my position would
be sincerely appreciated.
Yours truly,
Harbour Towne Condominium Association
c/o Sun Agency Inc.
97 4 West Norton Avenue
Muskegon, Michigan 49441
July 18, 2002
City Commission
c/o City Clerk
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49441
Dear City Commission:
In it's regular scheduled meeting of July 10, 2002, the Board of Directors of the Harbour
Towne Condominium Association, representing 130 co-owners, voted to oppose the
development of separate coach house (garage) units as an addition to the Planned Unit
Development for Harbour Towne as they would not be compatible with this up-scale
condominium neighborhood. I cannot think of one residential neighborhood within the
City of Muskegon where a developer has located storage/garage units. Harbour Towne
should not be the first.
cfo:;~
George Chmelar
President
Harbour Towne Condominium Association
July 20, 2002
City Commission
c;o City Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0356
RE: PLANNING COMMISSION CASE #2002-26 - REQUEST FOR PUD
FOR HARBOUR TOWNE TO PERMIT ADDITIONAL CONSTRUCTION
OF SEPARATE GARAGE UNITS BY JOHN DARIEN HOMES, INC.
Dear Commissioners:
I am an owner of a condominium in Harbour Towne at 1687 E. Harbour Town Circle. I am
writing to express disapproval of John Darien Homes, Inc., request to build additional "carriage
house" storage spaces within our development. I support the Harbour Towne Condominium
Board of Directors' 6 to 1 vote opposing the garage development. I have no opposition to the
proposal to build additional condominiums.
As I see it, the proposed "carriage houses" may be of benefit to a few Harbour Towne residents
(or non-residents it appears) but will be of no benefit to the development as a whole. The
proposal to build "no more than 20 units" is in itself absurd, particularly when you consider the
large number of residential units within the development. I fail to see how building 20 storage
units within Harbour Towne will be anything other than unsightly, no matter how "attractive"
Mr. Darien intends to build them.
I believe every resident of this development was made fully aware of the limitations of space
when they purchased. Furthermore, that there are limits governing number and type of vehicle
that can be parked in an owner's driveway is also clearly spelled out in our association rules.
Violations of these rules will not perish as a result of Mr. Darien's proposal. And, considering
the number of storage facilities cropping up all over West Michigan, there are plenty of "off-site"
facilities available to those violating the rules. Having a storage facility within Harbour Towne
is not what I expected to find when I purchased my unit.
In conclusion, I encourage you to deny John Darien Homes, Inc. storage building request.
Sincerely,
(
, ~ ~
David L. McIntire
1687 E. Harbour Towne Circle
Muskegon, MI 49441
July 20, 2002
Richard and Jennifer Copley
1522 West Harbour Towne Circle
Muskegon, MJ 49441
City Commission
% City Clerk
City of Muskegon
P.O. Box 536
Muskegon, MI 49443-00536
RE: Garages between West Harbour Towne Circle, Marine View Point and Docker's Parking Lot
Be advise that the Copley family of 1522 West Harbour Town Circle votes "no" against the plan to put
garages on the West Harbour Town Circle. The reasons for this position include:
Storage facility is not compatible with the development design. Harbour Towne was not
designed originally as a "mini storage facility" for those requiring additional storage space.
The highest and best use of the land was to be a single family development of condominiums
with attached garages. "Stand alone garages" designed to use every available piece of
prope1ty to produce corporate profits are not consistent with the original plan of the resort
development as it was presented to me. Storage facilities belong in an area of commercial
businesses with appropriate security, access, etc.
On-going maintenance. How will the garages be properly maintained? I have seen no plan
for establishing a separate association that collects funds to properly maintain the facilities
which will attract their fair share of rodents, require physical maintenance, plowing in the
winter, pesticide application, landscaping upkeep, etc.
The environment will be adversely affected. This property has many trees, which are scarce
in the development, and a tolUng typography that provides refuge for deer and other wildlife
already forced to adapt to a densely populated resort project to fmd food and access to water.
This prope1ty is not of sufficient size and is simply not appropriate for construction of any
kind.
Traffic pattern is not suitable. A row of short driveways onto West Harbour Towne Circle
will have an adversely impact on traffic, as multiple cars may seek places to park for access to
storage facility contents. There are already condominiums at the end of the street that have to
access West Harbour Towne Circle, creating traffic congestion and a potential hazard.
Thank you for your consideration.
CC. George M. Chmelar, President , Harbour Towne Condominium Association
July 18, 2002
Dear Harbour Towne Resident:
The purpose of this letter is to provide you with the Harbour Towne Condominium Board
of Directors' perspective regarding a proposed development by developer, John Darien
Homes, Inc., as it relates to storage buildings.
In late June, Deborah Steenhagen, Zoning Administrator, for the City of Muskegon, sent
letters to property owners within a 300-foot radius of the subject property. The letter
informed the reader that the City of Muskegon Planning Commission would hold a.
public hearing on Thursday, July 11, 2002 at 4:00 p.m. to discuss the developer's
request. After receiving the letter, I thought it odd that the developer had not
approached the Condominium Board to review and discuss his proposal.
When preparing for the July 10th Board meeting, I placed this topic on the agenda for
discussion. I called Mr. Wilson Thomas, the developer's representative on the Board,
on Monday, July 8th, and asked him to prepare a presentation for the Board regarding
the development. On Wednesday, July 10th, Mr. Thomas displayed a blowup of the
proposed site plan. In his presentation, Mr. Thomas stated that the developer would
like to construct several garages or preferably "carriage houses" on property lying
between West Harbour Towne Circle, Marina View Point and Docker's parking lot.
A discussion regarding the design of the garages took place and then two key points
were brought up. The first was the fact the development would not be part of the
Harbour Towne Condominium Association and the second was that anyone could
purchase these garages whether they lived at Harbour Towne or anywhere else.
Based on all the information received by Mr. Thomas at the eleventh hour prior to the
Planning Commission hearing, the Board voted six to one to oppose the garage
development; the lone no vote was by Mr. Thomas.
The developer has circulated a letter, which states that several Board members have
third stall garages. Three members do have third stall garages and three members do
not. Concerning outside residents objecting to the development, this development
would affect more than just the Harbour Towne Condominium Association, so input from
our neighbors would not be out of line since they too have an interest in the area.
The developer states in his letter "we are not in the storage business, and the proposed
location has more profitable uses for commercial purposes". It is my opinion that a
developer uses his property to achieve as much profit as possible; maybe this
developer feels differently. He also states "we were simply trying to satisfy the needs of
many of our residents, and eliminate a continuing problem". I guess I'll let you ponder
that statement and arrive at your own conclusion.
Before you commit yourself either way, think this plan out and ask yourself,
1. How will this development help me?
2. Who will run the development?
3. Who will maintain it?
4. Who will buy the garages? (Open to the public)
5. What will they look like in ten years?
Now that you have thought about it, let the City Commission know how you feel. In
case you lost the developer's letter, here is the information on the meeting as presented
in the developer's letter.
... "Next Tuesday, July 23, at 5:30, the City Commission will take final action on our
application. We want to make sure that you understand our plan, and have a chance to
voice your opinion, either in person or by letter to the city addressed to City
Commission, % of City Cl erk, City of Muskegon, 933 Terrace Street, P.O. 536,
Muskegon, Ml 49443-0536.
Sincerely, ;
~ k
George M. Chmelar
President
Harbour Towne Condominium Association
Ci r
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City Commission
City of Muskegon, City Clerk
933 Terrace Street P O Box 536
Muskegon, Michigan, 49443-0536
Dear Commissioners,
This letter asks of you to NOT approve the constrnction of storage facilities proposed to
be constrncted at the entrance of Harbour Towne by John Darien Homes, Inc. You are
aware that Mr. Darien plans to constrnct independently owned storage units at the West
Entrance of Harbour Towne and adjacent to the tourist attraction Silversides.
You are asked to reject Mr. Darien's change in the accepted PUD because of the
following:
I. Harbour Towne is not a development where independently owned storage units would
in any way contribute to the development or surrounding areas.
2. Since there would be no governance of these units, each owner could maintain them
in a manor they choose. Since most owners would be absentee, it is doubtful they
would give much consideration to the maintenance of their storage unit or surrounding
area.
3. The proposed units are adjacent to the Silversides tourist attraction. Certainly, these
storage units would contribute nothing in attracting tourists.
4. There are other properties available to Mr.Darien that may be better suited for storage
units.
5. Mr. Darien proposed a separate street leading to the units. That street would start at
the beginning of Harbour Towne West and just East of Silversides. There are
already several curb cuts and streets in that area for the City to maintain.
I moved to the Muskegon area 14 months ago because of the desirable location, and now
am faced with a change in plans and a group of undesirable storage units. Muskegon is on
the verge of great and welcome growth. Lets not jeopardize that growth with undesirable
storage units at the entrance of a desirable living and tourist area.
Again, please consider a NO VOTE to the changes in the PUD to accommodate the
individually owned storage units that Mr. Darien is proposing, since it will do nothing for
T,~t~
the surrounding area except to lower the value of that area.
uikema
e Circle
1060 West Norton Avenue
Muskegon, Michigan 49441
231-780-47 63 fax 231-780-4727
. -~ .·' . • ,~ .,';' .d·. . · : . ·•. ·. •.·.·: . \·. . ,. ·,.·r :.·k sJ ...,,:. . ~
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• "~··\· \0i·Rie1iali · ·130rgesort,..t\fe1iitect ·
July 23, 2002
CITY of MUSKEGON
933 Terrace Street
Muskegon, Michigan 49441
RE: Harboure Towne
TO: Carriage Houses
Dear Commissioners,
There have been requests from Harboure Towne residence for an additional garage.
. $orp.e have the capability of being added to their condominium units, but have been
re.fused. Others are in units which an additional garage is not possible, but would
appreciate the concept of a carriage house unit.
\ ·, ...
· · J'he units are placed on a piece of land which over looks Dockers parking lot Not a
·· delightful site for a living unit. They are also orientated so the garage door opens to
.~ti interior drive minimizing the garage look
The carriage units are an excellent buffer between the condominium living units and
the commercial parking lot ofDockers. It will also gives those people who do not
have the oppo1tunity, to purchase a third garage unit.
. Richard Borgeson
Architect and Resident
..ARCHI'IECRVRE
. .
the artofdrJsignlt.1trcontrolfed.atmosphere
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17,22· 02
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nt:jo FAX 7708509758
[i!JOOl
l. \Ve, the undersii,,'Tled, as resident owners of the community of Harbour
Towne and members of the Hctrbour Towne Condominium
Association, hereby petition ~o be in favor of the placement of
,.iclewalks on the far n,'':' ::ght of Harbour Towne Cin:,l.e Drive as one
navels from either en!r,in(xc toward Pigeon Hill Court.
·) \Ve, the undersigned, as resident mvners oft.he community ofHarbonr
I01;,,t1e and members of the Harbour To\vne: condominirnri Association,
hereby 1,etition to be in opposition to the addi1irm of Carriage .Honse
(g,,rage/storag;e) w: ',ii;;at~,cl bet1,ve.;'.n \V,est Harbour Towne Circle
and Dockers P<li.. .::.1.
July 23, 2002
Dear City Commissioner:
Please find attached a copy of a petition with the signatures of 93 of the residents of the Harbour
Towne Condominium Association in opposition to the addition of the Carriage House Units
Garage/Storage located between West Harbour Towne Circle Drive and Dockers Parking Lot.
<J= mit ed, · ~
Diane Zappone Ta~
3437 Pigeon Hill Court
;J J_w~~fy~.z?:a,__c_,_j
77
~ mille Wright-Rudi~i(
3440 Pigeon Hill Court
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in opposition to the addition of the Carriage House (Garage/storage) Units
located between West Harbour Towne Circle and Dockers Parking Lot.
SIGNATURE NAME (PRINT) ADDRESS DATE
\
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in opp_osition to the addition of the Carriage House (Garage/storage) Units
located between West Harbour Towne Circle and Dockers Parking Lot.
SIGNATURE NAME (PRINT) ADDRESS DATE
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in opposition to the addition of the Carriage House (Garage/storage) Units
located between West Harbour Towne Circle and Dockers Parking Lot.
NAME (PRINT) ADDRESS DATE
I I
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in opposition to the addition of the Carriage House (Garage/storage) Units
located between West Harbour Towne Circle and Dockers Parking Lot.
SIGNATURE NAME (PRINT) ADDRESS DATE
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in opposition to the addition of the Carriage House (Garage/storage) Units
located between West Harbour Towne Circle and Dockers Parking Lot.
SIGNATURE NAME (PRINT) ADDRESS DATE
I) I) " I
r;//Jo \__~ 1J A (£1e1J-f e< {_6A1n .e,(rw-J ?C/C/.1 (b ~ll()c ~ Ct 7/,;J/o.
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f/11 ilML (Pl, 11_tMfiki_ ,
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July 23, 2002
Dear City Commissioner:
Please find attached a copy of a petition with the signatures of 100 of the residents of the
Harbour Towne Condominium Association in favor of the placement of sidewalks on the far right
side of Harbour Towne Circle Drive as one travels from either entrance toward Pigeon Hill Court.
Respectfully submitted,
G_,(_a~ ~c;;;;:~«,~
Diane Zappone Tardani
3437 Pigeon Hill Court
{§nd~ t)jjJ- ~~cdj
Camille Wright-RuJil
3440 Pigeon Hill Court
PETITION
W e the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in favor of the placement of sidewalks on the far right side of Harbor Towne
Circle Drive as one travels from either entrance toward Pigeon Hill Court.
SIGNATURE NAME (PRINT) ADDRESS DATE
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/ /2,,-~,;; _ /1,,.25 £ ~,,,k,,y7-,& 7/2,.>/;~ I ,
R~o/212 I \ ~ lJ-A.-- '(! ' '~f . P-c, if 1 P o.n.l:rtw.}1_~u_./ 71., /,o • 1
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r
j floa 0' /_.,, ·· 1 ,- If JJ~✓ <:
I
z~q,) Jko;_ ~ -a/, ,~_;3?
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in favor of the placement of sidewalks on the far right side of Harbor Towne
Circle Drive as one travels from either entrance toward Pigeon Hill Court.
SIGNATURE NAME (PRINT) ADDRESS DATE
'\
- ~- 1
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in favor of the placement of sidewalks on the far right side of Harbor Towne
Circle Drive as one travels from either entrance toward Pigeon Hill Court.
SIGNATURE NAME (PRINT) ADDRESS DATE
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in favor of the placement of sidewalks on the far right side of Harbor Towne
Circle Drive as one travels from either entrance toward Pigeon Hill Court.
SIGNATURE NAME (PRINT) ADDRESS DATE
PETITION
We the undersigned as resident owners of the community of Harbour Towne and
members of the Harbour Towne Condominium Association hereby petition to be
in favor of the placement of sidewalks on the far right side of Harbor Towne
Circle Drive as one travels from either entrance toward Pigeon Hill Court.
SIGNATURE NAME (PRINT) ADDRESS DATE
Date: July 23, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Second Quarter 2002 Budget Reforecast
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter
2002 Budget Reforecast which outlines proposed changes to the original budget that have
come about as result of changes in policy priorities, labor contracts, updated information, or
other factors. For the next meeting, an action item will be placed on the agenda for adoption
of the proposed budget reforecast together with any additional changes deemed necessary
by Commissioners.
FINANCIAL IMPACT: The second quarter 2002 Budget Reforecast reflects continued
falloff in general fund revenues due to the economy. Significant downward adjustments have
been made in the areas of city income tax, state shared revenues and interest income. Also,
budgets for some areas (particularly City Attorney, Fire Safety Inspections and Environmental
Services) have had to be increased due to unforeseen service demands and/or labor contract
issues.
Accordingly, the following budget adjustments are proposed: 1) postponement of the
scheduled renovation of the Reese Playfield restrooms ($150,000), 2) postponement of
purchase of an alternate power supply for City Hall ($100,000), 3) reduction and reallocation
of $50,000 originally earmarked for fire station property acquisition to instead be used for a
fire station location and operations study. At this time we also forecast the need for a year-
end transfer of $300,000 from the city's budget stabilization (i.e. "rainy day'') fund to the
general fund.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast
to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will
request formal approval of the Reforecast and related budget amendments.
COMMITTEE RECOMMENDATION: There is no committee recommendation at
this time.
9/18/97 1
Date: July 23, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Reimbursement Resolution for Smartzone Costs
SUMMARY OF REQUEST: In conjunction with the Smartzone development, the City
may issue bonds at a later date to construct the GVSU Research/Incubator building.
Contracts for the work may be let prior to the issuance of bonds so it is prudent to adopt the
attached "reimbursement resolution". This action will allow the City to reimburse itself from
bond proceeds for project costs incurred prior to the time bonds are sold.
FINANCIAL IMPACT: Costs of adopting the resolution are minimal. Taking care of this
preliminary step will permit the City to move ahead with the planned project and reimburse
itself from proceeds from bonds issued at a later date. Formal project approval will require
several additional commission actions at late dates for contract award, bond authorization,
etc.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the attached resolution.
9/18/97
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller Detroit• Grand Rapids
MILLER Howell • Kalamazoo
Lansing• Monroe• Troy
CANFIELD
MILLER, CANFIEW, PADDOCK AND STONE, P.LC.
New York, N.Y.
Washington, D.C.
CANADA; Windsor, ON
1852-2002 POLAND: Gdynia
Katowice • Warsaw
150 West Jefferson, Suite 2500 AFFILIATED OFFICE:
DONALD D. NYSTROM Detroit, Michigan 48226 Pensacola, FL
TEL: (313) 496-8421 TEL: (313) 963-6420
FAX: (313) 496-8450 FAX: (313) 496-7500
E-MAIL: nystrom@miller1:anfield.com
www.millercanfield.com
July 17, 2002
via email a11d 1st class mail
Mr. Timothy J. Paul, Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536
Re: City of Muskegon LDFA Financing
Dear Tim:
Enclosed please find a Notice of Intent to Reimburse Resolution (the "Resolution")
drafted in anticipation of the regular City Commission meeting on July 23, 2002. This
Resolution authorizes various City officials to file the necessary applications and documents to
the Michigan Department of Treasury to facilitate the Local Development Finance Authority of
the City of Muskegon's ability issue bonds for the technology center and business incubator.
Additionally, this Resolution declares the City's intent to be reimbursed from the future bond
proceeds for any expenditures undertaken on behalf of the Authority to complete the project.
Once adopted by the City Commission, please return three (3) executed copies of the
Resolution to Pat McGow or me, for our records.
Thank you in advance, and if you have questions, please feel free to give Pat or me a call.
cc: Patrick F. McGow, Esq. (w/out enclosure)
DELIB:2336747.1 \063684-00031
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
NOTICE OF INTENT TO REIMBURSE RESOLUTION
2002-SS(c)
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan (the "City") held on the 23rd day of July, 2002, at 5:30 o'clock p.m.
Eastern Daylight Time.
PRESENT: Members Spataro, Warmington, Buie, Gawron. Larson. Schweifler,
and She herd
ABSENT: Members _-'N"'o"'n,.,,e~---------------------
The following preamble and resolution were offered by Member ~S""c""h"'w,.,e,,i'-'-f-"'l"'e'-r___ and
supported by Member ---"B"'u"'i"'e_ _ _ __
f WHEREAS, the Local Development Finance Authority of the City of Muskegon (the
!! "Authority") intends to issue and sell its tax increment revenue bonds supported by the City's limited tax
• general obligation pledge, pursuant to Act 281. Public Acts of Michigan, 1986, as amended, in an
I
o
amount not to exceed Six Million Dollars ($6,000,000) for the purpose of paying part of the cost of
acquiring, constructing, furnishing and equipping a technology center and business incubator and
I infrastructure and other site improvements and appurtenances related thereto witmn the Authority's
district (the "Project"); and
WHEREAS, the City intends, at this time to state its intention to be reimbursed from proceeds of
the bonds for any expenditures undertaken by the City on behalf of the Authority for the Project prior to
issuance of the bonds; and
WHEREAS, the Authority and the City must either be granted qualified status within the
meaning of Act 34, Public Act of Michigan, 2001, as amended, or receive prior approval of the bonds
from the Michigan Department of Treasury (the "Department").
NOW, THEREFORE, BE IT RESOLVED THAT:
I. The Mayor, City Manager, City Finance Director and City Clerk each is authorized to file
the Application for State Treasurer's Approval to Issue Long-Term Securities for prior approval of the
bonds from the Department and to pay the fees relating thereto, and are further authorized to apply for
any waivers or other orders from the Department as may be necessary or advisable to issue, sell and
deliver the bonds as contemplated herein and to pay any filing fees related thereto.
2. , The City makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
(a) As of the date hereof, the City reasonably expects to reimburse the City for the
expenditures described in (b) below with proceeds of debt to be incurred by the
City.
(b) The expenditures described in this paragraph (b) are for the costs of acquiring,
constructing, furnishing and equipping the Project which were or will be paid
subsequent to sixty (60) days prior to the date hereof.
(c) The maximum principal amount of debt expected to be issued for the Project,
including issuance costs, is $6,000,000.
(d) A reimbursement allocation of the expenditures described in (b) above with the
proceeds of the borrowing described herein will occur not later than 18 months
after the later of (i) the date on whic}l the expenditure is paid, or (ii) the date the
Project is placed in service or abandoned, but in no event more than three (3)
years after the original expenditure is paid. A reimbursement allocation is an
allocation in writing that evidences the City's use of the proceeds of the debt to be
issued for the Project to reimburse the City for a capital expenditure made
pursuant to this resolution.
(e) The expenditures described in (b) above are "capital expenditures" as defined in
Treas. Reg. § 1.150-1 (b), which are any costs of a type which are properly
chargeable to a capital account (or would be so chargeable with a proper election
or with the application of the definition of placed in service under Treas. Reg. §
l .150-2(c)) under general Federal income tax principles (as determined at the time
the expenditure is paid).
(f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this
resolution will be used in a manner described in Treas. Reg. § l.150-2(h) with
respect to abusive uses of such proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that results in the
creation of replacement proceeds (within Treas. Reg.§ 1.148-1) within one year
of the reimbursement allocation described in (d) above.
3. All resolutions and parts ofresolutions insofar as they conflict with the provisions of this
resolution be and the same hereby are rescinded.
AYES: Members Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
and Schweifler
NAYS: Members None
-==----------------------
-2-
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing is a ·true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting
held on July 23, 2002, and that said meeting was c0nducted and public notice of said meeting was given
pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan,
1976, and that the minutes of said meeting were kept and will be or have been made available as
required by said Act.
DELIB:2336533.11063684-00031
-3-
Affirmative Action
(231)724-6703
FAX: (231)722-1214
A11sessor/Equallzatlon
(231)724-6708
lFAX: (231)726-5181
Cemetery Deparhnent
(231)724-6783
FAX: (231)726-5617
Clty Manager
(231)724-6724
FAX: (231)722-1214
West Mlcllllgan's Shorefllmle rc;ty
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178
Community and August 2, 2002
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info.
Systems
(231)724-6744
Mr. Donald D. Nystrom
FAX: (231)722-4301 Miller, Canfield, Paddock
Engineering Dept. & Stone, P.L.C.
(231)724-6707 150 West Jefferson, Suite 2500
FAX: (231)727-6904
Detroit, MI 48226
Finance Dept,
(231)724-6713
FAX: (231)724-6768 Dear Mr. Nystrom:
Fire Department
(231)724-6792 Enclosed are three notice of intent to reimburse resolutions that were adopted at
FAX: (231)724-6985
the July 23, 2002, City Commission Meeting.
Income Tax
(231)724-6770
FAX: (231)724-6768 Thank you,
Inspection Services
(231)724-6715
FAX: (231)728-4371
Leisure Services Linda Potter
(231)724-6704
FAX: (231)724-1196 Deputy City Clerk
Mayor's Office
(231)724-6701 Enc.
FAX: (231)722-1214
Phmnlng/Zonlng
(231)724-6702
FAX: (231)724--6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231 )724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water BIiling Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
Cnty of Muskegon, 933 Terrace Street, il'.O. !lllo,: 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Commission Meeting Date: July 23, 2002
Date: July 17, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C,/3C.
RE: Renaissance Zone Proposals
SUMMARY OF REQUEST: There were six Renaissance Zone
Proposals received on July 14. Staff has reviewed them and prepared a
spreadsheet outlining their conformity to the City's Renaissance Zone
Policy and the requirements of the RFP (see attached). Staff is
recommending that we proceed with discussions on the following
proposals: Shaw Walker, the Mall, Seaway/Grooters, Cordova and Mart
Dock. A final recommendation will be brought to the City Commission at
a later date.
FINANCIAL IMPACT: None, at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to proceed with
discussions on the five proposals listed above, and to bring back a final
recommendation in the future.
COMMITTEE RECOMMENDATION: None.
Staff report on Renaissance Zone Proposals - July 17, 2002
Six proposals were received related to the RFP. These included proposals requesting
Renaissance Zones for:
I
1. The Shaw Walker building
2. West Michigan Steel
3. Cordova Chemical Site in Dalton Township
4. The Muskegon Mall property
5. The Mart Dock property
6. Grooters
At this time staff is recommending that we proceed with discussions on the Shaw Walker
building, Cordova Chemical Site, the Muskegon Mall property, the Mart Dock prope1ty,
Grooters.
Recent meetings with the Michigan Economic Development Corporation have identified
additional criteria to consider when analyzing new Renaissance Zone applications. These
include whether or not the proposal is speculative, and if it is speculative if the property
is publicly owned or controlled.
Outlined below are summaries of the proposals along with some of the critical issues that
need to be negotiated.
Shaw-Walker Building
The proposed use for this property is for a mixed-use development with market rate
housing being the main focus. First phase of development would include investment of
$3 million. The project would retain jobs and possibly create more in the future. The
project reutilizes an underutilized piece of property with a use that the city would like to
see on that site.
Critical issues that need to be discussed include whether or not the Knoll portion should
be pait of the Zone, and what guarantee the owners will agree to (pe1formance bond, etc.)
Other items that need to be identified are the amount of taxes given up both with and
without Knoll included.
Grooters Development Co.
Grooters proposes to construct a new industrial facility in the Seaway Industrial Park.
Investment will be over $3 million. This project is not speculative. The project will
create 80 jobs. It is expected that this project would be a catalyst for other projects in the
Seaway Industrial Parle
Critical issues to be examined are whether the City should designate just certain parcels
or the entire park, also whether or not this is the best place for a Renaissance Zone.
There is a possibility that this could be an extension of an existing Renaissance Zone and
not a new zone. Again the amount of tax loss needs to be examined closer. Grooters has
expressed a willingness to put up a performance bond.
Cordova Chemical Site
The County and Muskegon Area First submitted the proposal for the Cordova Chemical
Site. This proposal compliments the SmartZone project. Currently the City lacks
significant amounts of industrial space. This project would make 200 acres available for
development. Designation of this site would require that the City enter into a P. A. 425
agreement with Dalton Township.
There are a number of critical issues that would need to be negotiated prior to designation
of a renaissance Zone. These include: provision of utilities to the site, tax-sharing
arrangements, and restrictions on companies locating in the park.
Muskegon Mall
This proposal was submitted by the Muskegon Downtown Development Cmporation. It
is anticipated that the Mall would be redeveloped to include a mixture of housing, retail,
and office space. Property is vacant and the project would be a catalyst for
redevelopment.
There are a number of critical issues associated with this project. These include mall
ownership/control and timing. At this time the issue of who will own the mall is still up
in the air. The City would probably not want to designate the area as a Renaissance Zone
until this issue is clearer. Also, the timing of this may hurt the project, as there is a
September 30 th deadline for designating the remaining zones.
Mart Dock
The Mart Dock submitted the only proposal for expansion of an existing Renaissance
Zone. This proposal outlines a number of potential uses. Included in the proposal are
Great Lakes Memorial And Museum, Cross Lake Ferry, Farmers Market, Convention
Center, Public Access, Marina, Lakefront Residential Community. The site could be
considered underutilized and the projects outlined in the proposal could be a catalyst for
further development. However, most of these projects are speculative and outside the
control of the owners of the Mart Dock property.
Critical issues which would need to be negotiated is a commitment to specific projects
and a performance bond for those projects. Also, the impact of tax loss needs to be
examined further.
West Michigan Steel Foundry
Staff is recommending that we not proceed with negotiations with West Michigan Steel.
While the property is underutilized no specific project is identified to remedy the
situation. No new use is expected.
Proposals for New Renaissance Zones, Page 1
4. Provide
development
incentives in
conjunction
3. Revitalize and with building 5. Use Can project
reutilize and site remaining work in Identify the
Consistent with policy? 2. Encourage private vacanUunderutili devel. zones existing Ren parcels being Describe the Amount of
New Ren Zone Proposal 1. Create new jobs? investment, zed properties, requirements strategically Zone proposed proposed use investment
Market rate
Retain 75 jobs, anticipate Shaw Walker housing, Mixed
Shaw Walker Building future job creation $3 million+ Yes Yes No building use First phase: $3 million
Part or all of
Seaway industrial
Grooters/Seaway Ind.Park Create 80 jobs $3 million Yes Yes No park Industrial $3 million
Cordova Chemical
Estimate: up to 2000 over Estimate:$60 million site in Dalton Estimate:$60 million in
Cordova Chemical Site life of project in private investment Yes Yes No Township Industrial private investment
Mixed use:
Housing, office,
Muskegon Mall yes Yes Yes Yes No Muskegon Mall retail Unknown
Continuation of
existing use. Proposal does
Purchase price of not address Purchase price of $2.4
$2.4 million, $500,000 Use would any site West Michigan million, $500,000
Makary And Associates Retain 150 jobs annual expenditures remain the same changes No Steel Property Industrial annual expenditures
Proposals for New Renaissance Zones, Page 2
Detailed Full commitment Evidence the project
Number ofjobs preliminary from owner meets the threshold Public ownership
New Ren Zone Proposal created/ retained Timing site plan /developer criteria Speculative ? or control Critical issues Taxes
Vacant, (..;ata1yst ror
development,
functionally obsolete,
property is
underutilized, results in No. Commitment to Include Knoll Group
75 if Knoll is kept Start within 3 Site plan is market rate housing in investment/perform or not. Difference in
Shaw Walker Building in months included Yes CBD ance bond No. taxes
Designate some or
all of Seaway
vacant , catalyst for Dependent on Industrial Park. Can
Site plan is investment, property is whether whole we extend an
Grooters/Seaway Ind.Park 80 created Unknown included Yes underutilized No park is a Ren Zone existing zone?
Tax Sharing?
Provision of
services?
Estimate: up to County is vacant , catalyst for Restrictions on who
2000 over life of Site plan is committed to investment, property is Yes, but publicly can locate in the
Cordova Chemical Site project Unknown included developing underutilized owned Yes park.
Vacant, Catalyst for
development,
functionally obsolete,
property is
underutilized, results in
market rate housing in Yes, but could be Anticipate public Control/ Ownership
Muskegon Mall Unknown Unknown Unknown Unknown CBD publicly owned control in the future of property. Timing.
No specific Map is Property is more than
project is included, but Unknown; no 50% vacant but no
Makary And Associates/West listed, no no changes to specific project is plans for remedying the No specific project Amount of taxes
Michigan Steel 150 jobs retained time!ine site are given listed situation are given is listed No abated. Projects?
Expansion of Existing Renaissance Zone, Page 1
4. Provide
development
incentives in
3. Revitalize and conjunction with 5. Use
reutilize building and site remaining Can project work
Expand Existing Ren Consistent with policy? 2. Encourage private vacanUunderutili deveL zones in existing Ren Identify the parcels Describe the
Zone Proposal 1. Create new jobs? investment, zed properties, requirements strategically Zone being proposed proposed use
Great lakes
Memorial and
Museum, Cross Lake
Ferry, Farmers
Market, Convention
Center, Public
Proposal suggests 114+ Estimates of $30 Property could Proposal does Expansion of Access, Marina,
jobs but most projects are million: Mostly be considered not make any existing zone would Lakefront Residential
Mart Dock speculative speculative underutilized commitments Yes be necessary Mart Dock property Community
Expansion of Existing Renaissance Zone, Page 2
Detailed Full commitment Evidence the project
Expand Existing Ren Zone Amount of Number of jobs preliminary site from owner meets the threshold Public ownership
Proposal investment created/ retained Timing plan /developer criteria Speculative ? or control Taxes
Project could result in
market rate housing,
Proposal says that Property could be
Proposal suggests property owners considered
Estimates of $30 114+ jobs but most are committed, but underutilized, project
million: Mostly projects are Site plan has been most projects are could be a catalyst for
Mart Dock speculative speculative Unknown included speculative major development Yes No
AGENDA ITEM NO. - - - - - - - -
CITY COMMISSION MEETING 7/22/02
TO: Honorable Mayor and City Commissioners
FROM: Lee J. Slaughter, Assistant City Manager
DATE: July 16, 2002
RE: Local Law Enforcement Block Grant - Joint Spending Agreement
SUMMARY OF REQUEST:
To approve a joint spending agreement with the County 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 IMP ACT:
City of Muskegon $62,710
Muskegon County $24,146 (use is for jail security services)
$86,856
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the above distribution.
DATE: July 16, 2002
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 #:99-36 Address: 1969
Hoyt.
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
1969 Hoyt, 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: #99-36, 1969 Hoyt.
Location and ownership: This structure is located on Hoyt Street between
Reynolds and Leahy in the Marsh Neighborhood. It is owned by David
VanKammen who lives at 2086 Estes.
Staff Correspondence: A dangerous building inspection was conducted
8/5/96. It was declared unsafe by the HBA on 6/5/97. The City Commission
concurred with the HBA on 7/22/97 and ordered it demolished. A TRO was
issued 9/17/97. The deadline for the TRO was 1/31/98 and repairs were not
completed. On 11/4/99, 8/17/00, and 6/6/02 the HBA again declared the
structure unsafe.
Owner Contact: Mr.VanKammen has been in contact with Bob Grabinski and
has promised to complete repairs, but does not follow through. An electrical
permit was issued 7/3/02.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $16,300
Estimated cost to repair: $10,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 23, 2002.
F:\lnspections\Grabinski_[ ,orrainc\ Word\CC MEETJNGS\Agenda - 1969 Hoyt.doc page 1 of!
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For The Inspection Dept. 195275
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER David A. VanKammen, 2086 Estes st.
PROPERTY 1969 Hoyt
PLATE# 00-11299
DESCRIPTION Plat A Muskegon Heights, Lot 9, Block 26
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 1648
PAGE: 438
DATE OF DEED: July 1, 1987
GRANTOR: Department of Natural Resources for the State of Michigan
GRANTEE: David A. VanKammen
LIENS OR MORTGAGES: Liber 1359, Page 896
DATE: August 8, 1996 at 8:00 AM
ABSTRACTED BY,
TRANSNATION TITL
t,,,,:u,,, L ~j'C<ll/fil../
INSURANCE c o ~
The above information is to be used for reference purposes only and
not to be relied u~on as evidence of title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
)
File Number - 195275
TRANSNATION TITLE INSURANCE COMPANY
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
Lot 9, Block 26, Plat A of Muskegon Heights.
Permanent Property No. 00-11299
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special JfI1)rovement Assessments unpaid, sold, subject to rederrption or deeded, except as specified below.
This report includes information obtained from the records in the office of _the Treasurers of Muskegon County
and of the after said information has been received by the Treasurer in the form of an assessment roll.
This report also includes, but without any representation by Transnation Title Insurance C~any as to the
accuracy thereof, information obtained from Village and Township Treasurers, and from Treasurers of Cities
other than the , Inheritance or Estate Taxes and Federal Tax Liens, if any, are not included in this report.
CITY OR VILLAGE TAXES
No 1996 City taxes.
STATE AND COUNTY TAXES
1995 County taxes due in the amount of $777.22, if paid by September
30, 1996.
SPECIAL ASSESSMENTS
TAX SALES
State Equalized Value $10,800.00.
Taxable Value $10,670.00.
Tax Code No. 31-32-107-019.
NOTE: No Homestead filed.
~L-~&Lc
By Connie.onson
Date - August B, 1996 at 8:00 AM
CLJ/jat
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867 .6
(Previous No. T814)
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: July 16, 2002
1969 Hoyt
(Address of Property)
TO: All owners and interested parties:
David VanKammen, 2086 Estes, Muskegon, Ml 49441
(Name of Owner)
None
(Other interested parties)
On June 6, 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 Julv 23, 2002, to consider the above decision of the
Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Julv 73. 2002. at the
Muskegon City Hall. 933 Terrace Street, Muskegon, Michigan, with counsel. if you desire. to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.
By__,__ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Rob rt B. Grabinski, Director of Inspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
Permit Application Approval Page I of 2
iiffil 1
Electr·ical Permit Application
Street Address: 1969 HOYT ST
Property Number: 24-675-026-0(.)09-00
Owners Name: VANKAMMEN QAVID A
Owners Address: 2086 ESTES ST
MUSKEGON Ml 49441
Permit No: EL-02-8011
Requested by: Contractor
Contractor: BELASCO EL[:CJRIC
Architect: NIA
Category: ELECTRICAL
I Permit Type: RENOVATION
Type of Building: R
Description: WIRING IN DANGEROUS BUILDING PER LIST SUBMITTED
Dates: App Date: 0612712002 Issue Date: 0710312002
Value: NIA
Item Quantity
Permit Base Fee 1.0
Circuits each 6.0
Lighting Fixtures - per 25 1.0
Furnace - Unit heaters 1.0
Inspections - Final Inspection 1.0
This application has been approved
Approved: Yes No
-----
By: 1Don LaBrenz 3 Note:
Date: 0710312002
EDIT PERMIT
IChoose name _:] PIN: I
http://intranet/permits/Data/p _add _permit_ app _approYe.cfrn 9 PID=80 I I &Type=EL&DPer... 7/16/2002
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: June 11, 2002
To: David VanKammen, 2086 Estes, Muskegon, Ml 49441
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, June 6, 2002 does hereby order that the following
structure(s) located at 1969 Hoyt I Muskegon, Michigan, shall be demolished for the
reason that the &ajd 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.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
FOR THE HOUSING BOARD OF APPEALS:
.,
~diiJill-
RbertB. Grabinski, Director of Inspections
F:IINSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
1-!BA Minutes 6/02
Case #99-36 -1969 Hoyt- David VanKammen, 2086 Estes, Muskegon
Mr. VanKammen was present to represent this case. He stated that he is doing
pretty good. He has an estimate for the electrical work. G. Borgman stated his
concern is that this case has been going on and on, dating back to 1997.
Another concern is that the house is just storage. When houses are left vacant,
just for storage, they are a target for crime. The roof is repaired. Mr.
Vankammen stated he cleans up the yard and neighbors dump their trash in his
yard. Mr. Borgman stated that with no one living there it is an opportunity for that
to happen. Mr. Vankammen stated he has invested $33,000 in this house and
demolition could cause him bankruptcy. He thinks the house looks nice. He
would like a six-month extension. He can't get a contractor until about August.
B. Grabinski stated he agreed this case has been on going for a long time and
heard similar stories.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence. It
appears that is the only way to get Mr. Vankammen to move on things. From a
staff prospective, because of the amount of work there is to do, B. Grabinski
recommended that maybe Mr. Vankammen should try to get out from under one
of his dangerous buildings and sell it.
Motion made by Randy Mackie, supported by John Warner to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Jerry Bever
John Warner Clara Shepherd
Jon Rolewicz
Nick Kroes
The motion carried.
Mr. Vankammen asked for clarification of what the board voted. G. Borgman
explained that the house has been condemned and he has 1 month before it
goes to commission and he can appeal to them.
Case #00-3
ase. B. Grabinski gave a brief history of
the case. The office has b working on uite some time. Mr. Gill has
omeone to fix the exterior. A citizen report stated that
3 of9
(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: May 23, 2002
Address of the Property: 1969 Hoyt St.
TO: David VanK.ammen, 2086 Estes, Muskegon, MI 49441
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, June 6, 2002 , the City of Muskegon Housing
Board of Appeals. will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the Finding of Facts and
Order issued 8/24/00.
At the hearing on Thursday. June 6. 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.
'Obert B. Grabinski, Director oflnspections
F:UNSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
Affirm:ith"e Attion
.?JI 72..J.6703
F.-\.X."722-1214 MUSKEGON
Assessor
2311724-6708
FAX1726-5181
Cemetery
231/724-6783
FAX1726-5617
Ch-·U Service
231/724-6716
FA.X/724-4405
West Michigan's Shoreline acy
Clerk
231n24-670S
MUSKEGON HOUSING BOARD OF APPEALS
FAX17244178
Comm. & Neigh. DATE: August 24, 2000
Services CASE: #99-36 - 1969 Hoyt St., Muskegon MI
2311724-6717
FAX/726-2501
Engineering
David VanKammen
231/724-6707 2086 Estes
FAxn27-6904
Muskegon Ml 49441
Finance
2311724-6713
F AX/724-6768 FINDING OF FACTS AND ORDER
Fire Dept.
231/724-6792 The following action was taken at a session of the Muskegon Housing Board of Appeals
F AX/724-6985
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on, August 17, 2000
Income Tu The Inspections Services Department of the City of Muskegon, having inspected the
231/724-6770
FAX/724•6768 building structure located upon the property described as Plat of Muskegon Heights, Lot 9
Block 26, also know as, 1969 Hoyt, found the conditions listed on the attached pages exist
Info. Systems
2311724-6744 and that these conditions are hazardous as defined in Section 4-23 of the Code of
FAX/722-4301
Ordinances.
Leisure Service
231/724-6704
FAX/724-1196
The Board further found that these conditions exist to the extent of endangering life, safety
and the general welfare of the endangering life, safety and the general welfare of the public.
Manager's Office
231/724-6724
FAX/722-1214 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Mayor's Office declared to be unsafe, substandard and a public nuisance.
231/724-6701
FAX/722-1214
It is, further ordered that if the owners or other interested parties fail to repair of remove said
Inspection Services
231/724-6715
structure, or appeal this order within 20 days of the receipt of this order, the Building
FAX1726-2501 Official shall take bids and remove said structure. However, there will be a 60 day delay
Planning/Zoning in forwarding this case to the City Commission for concurrence. If repairs are not
231/724-6702 complete this case will be heard at the City Commission meeting in November, 2000.
FAX1724-6790
Pollce Dept.
231/724-6750
FAX/722-5140
Publlc Workll
231/7244100
FAX/722-4188
Treasurer
2311724-6720
F AX/724-6768
Water BWlng Dept.
2311724-6718
F AX/724-6768
Water Filtration
2311724-4106
FA..XJ755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
(
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
Greg
MUS BOARD OF APPEALS
\ffirmath·e A~rlon
.!Jl 7U-670J
F\.X-72.!-1.!I-I MUSKEGON !
\SSJ.'HOf
Bl/724-6708
FAXi7l6-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline aty
Clerk
231/724-6705
F AX/724--4178 CITY OF MUSKEGON
Comm. & Neigh.
Services
231/724-6717
NOTICE OF HEARING ON
FAX1726-2501 DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724-6707
FAX1727-6904
Finance August 16, 2000
231/724-6713
F AX/724-6768
Fire Dept.
David VanKammen
231/724-6792 2086 Estes
F AX/724-6985
Muskegon MI 49441
Income Tax
231/724-6770
FAX/724-6768 Dear Property Owner:
Info. Systems
231/724-6744 SUBJECT: Dangerous Building Case #99-36 - 1969 Hoyt, Muskegon MI
FAX/7224301
Leisure Service PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
231/724-6704
FAX/724-1196
of Muskegon will be held on Thursday, September 7, 2000 at 5:30 P.M. in the Muskegon
City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Manager's Office
231/724-6724 determining whether the structure should be demolished or otherwise made safe.
FAX/722-1214
Mayor's Office Officials from the Inspection Services Department have inspected the structure and it is
231/724-6701
FAX/722-1214
alleged that it has defects as listed on the attached page(s).
Inspection Servlces
231/724-6715
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
FAX/726-2501 dangerous buildings.
Planning/Zoning
231/724-6702 At the hearing, the Inspection Services Department will present testimony regarding the
FAX/72.f..6790
alleged defects. You are advised that you or your representative may cross examine the
Police Dept.
231/724-6750
City's witnesses and you may present testimony in your own behalf and call witnesses in
FAX/722-5140 your own behalf. We encourage you to attend the meeting since it is always better if
Public Work! someone is available to answer any questions the Board may have.
231/724-4100
FAX/7224188
Inspection Services
Treasurer
231/724-6720
City of Muskegon
FA..Y../724-6768
Water Billing Dept.
231/724-6718
FA..Y../724-6768
Water Filtration
231/724--4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, '\luskegon, i\11 49443-0536
.i.ff.nl.i!i\e .--\ction
t,!6 .,H-6703
F \\. ""IH--6790
.--\ssessor
MUSKEGON
616,".'24--6708
F.--\:\./724-6768
Cemetery
6l6n24-678J
FAX1722-4188
f/f.£ Copy
Civil Service
616/724-67L6
FAxnl+-6790
West Michigan's Shoreline City
Clerk
616/724--6705
FAX/72-t--6768 CITY OF MUSKEGON
Conim. & Neigh,
Services NOTICE OF HEARING ON
616/724-6717
FAX/724--6790
DANGEROUS AND UNSAFE CONDITIONS
Engineering
616/724--6707
FAX/724--6790
Finance August 4, 2000
616/724--6713
FAX/124--6768
David VanKammen
Fire Dept,
616/724--6792
2086 Estes
F AX/724-6985 Muskegon MI 49441
Income Tax
616/724--6770 Dear Property Owner:
FAX1724-6768
info. Systems SUBJECT: Dangerous Building Case #: 99-36 - 1969 Hoyt, Muskegon MI
616/724-6975
FAX/724--6768
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Leisure Service
616/724--6704 of Muskegon will be held on Thursday. August 17, 2000 at 5:30 P.M. in the Muskegon
FAxn24-6790 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
1\-fanager's Office determining whether the structure should be demolished or otherwise made safe.
616/724-6724
F AX/724-6790
Officials from the Inspection Services Department have inspected the structure and it is
Mayor's Office
616/724--6701
alleged that it has defects as listed on the attached page(s).
FAX/724-6790
Neigh. & Const. The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Services dangerous buildings.
616/724-6715
F AX/724-6790
At the hearing, the Inspection Services Department will present testimony regarding the
Planning/Zoning
6!6/724--6702 alleged defects. You are advised that you or your representative may cross examine the
FAX/724--6790
City's witnesses and you may present testimony in your own behalf and call witnesses in
Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if
616/724---6750
FAX1722-5140
someone is available to answer any questions the Board may have.
Public Works
6161724--4100
Inspection Services
FAX/722--4188 City of Muskegon
Treasurer
616/724--6720
FAX/724--6768
Water Dept.
616/724--6718
FAX/724--6768
Water Filtration
61617?4--4106
FAXl7SS.S290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
"v02-f ':j) O-(//-z1· ~f/o,~ vL ~ -
If~f ~/P
m• ~-;11r 4r5L7'2-
/
r
April 11, 2000
Bob,
I contacted Mr. David Van Kammer today and made an appointment
at 1300. He met me at the house and I did an inspection.
It appears that the bills that we have received have been legitimate and
the materials have actually been used on that structure.
Mr. Van Kammen still has a long ways to go to be able to occupy that
residence.
It appears that he has invested a minimum amount of money, probably
just what he has taken back from us, and a minimum amount of labor.
He did mention that he was going to have someone occupy 1969 Hoyt
because he was going to stay back and forth between his sick girlfriend and
his brother's houses.
Sounds like a rental to me.
He has done a considerable amount of plumbing, it appears, without
the benefit of a permit. I think Rick needs to be involved with that.
Jerry Mc.
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~-0-,----- .
~-~~C-~~ ~~/} -
~ ~~ 3~ un-U(____>
~,1~21~
Affirmatin Action
616nl4--670J
FAxn22-1214
i
.\SS6SOr
616n24-6708
FAxn24-4178
Cemetery
616n2u1BJ
FAxn26-S617
Civil Service
6I6n24-6716
FAxn24-6790 West Mlcblgan's Sborellne Oty
Clerk
616n24-670S
FAxn24-4178
Comm. & Neigh.
Services
MUSKEGON HOUSING BOARD OF APPEALS
6t6n24-6717
FAxn26-2S0I
DATE: November 10, 1999
Engineering
6t6n24-6707
FAxn27-6904 CASE: #99-36 - 1969 Hoyt
Finance
6I6n24-671J David VanKammen
FAX/724-6768
2086 Estes
Fire Dept. Muskegon, Ml 49441
616n24-6792
FAxnlU98S
FINDING OF FACTS AND ORDER
Income Tax
616n2u110
FAxn24-6768 The following action was taken at a session of the Muskegon Housing Board of Appeals
th
Info. Systems held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4 of November
616n24-6975
FAxn24-6768
1999.
Leisure Service
6t6n24-6704
The Inspection Services Department of the City of Muskegon, having inspected the building
FAX/724-6790 structure located upon the property described as Plat A Muskegon Heights Lot 9 Blk 26 also
!\tanager's Office known as 1969 Hoyt found the conditions listed on the attached pages exist and that these
6t6n24-6724 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAX/722-1214
Mayor's Office The Board further found that these conditions exist to the extent of endangering life, safety
616/724-6701
FAX/722-1214 and the general welfare of the public.
Neigh. & Const.
Services Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
616/724-6715
FAX/726-2501
declared to be unsafe, substandard and a public nuisance.
Planning/Zoning
616/724-6702
It is, therefore, ordered that the owners or other interested parties take such action to repair
FAX/724-6790 or remove said structure, or appeal this order within 20 days of the receipt of this order.
Police Dept.
6t6n24-6750 It is further ordered that if the owners or other interested parties fail to repair or remove said
FAX/722-5140
structure, or appeal this order within 20 days of the receipt of this order, the Building
Public Works
616/724-4I00
Official shall take bids and remove said structure.
FAXflll-4188
Treasurer
616/724-6720
FAxn24-6768
Water Dept.
616/724-6718
FAxn24-6768
Waler Fillra.tion
616/7U-4106
FAxnSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
(
Inspection for 1969 Hoyt St. 9-30-99
1. Chimney on re-roof is not flashed properly.
2. Re-roof is not capped properly.
3. Shed roof to gabled roof is not flashed properly.
4. Trim moulding is missing on West Side of roof.
5. West End of gable is not properly weather protected.
6. Roofing is blocking ventilation stack.
7. Debris on front egress landing.
8. Trim painting not complete.
9. Foundation tuckpointing not complete.
10. Window broken.
11. Rear egress landing not built to code.
12. Debris stored on property.
13. House full of debris. (Fire Hazard)
1. Graffiti on garage walls.
2. Garage is full of debris. (Fire hazard)
~/Jtr
~qh~-7
Jerry McIntyre, Building Official
LAW OFFICES OF
0. 11{0MAS IOHNSON
GEORGED. VANEPPS
PARMENTER O'TooLE OF COUNSEL
TIIOMAS J. O'TOOLE
JOHN M. BRIGGS, III A PROFESSIONAL CORPORATION ERICJ. FAURI
MICHAEL L ROLF 175 WEST APPLE AVENUE
GEORGE W. JOHNSON RETIRED
W. BRAD GROOM MAILING ADDRESS ROBERT L FORSYTHE
JOHN C. SCHRIER P.O. BOX786 ARTHURM.RUDE
CHRISTOPHER L. KELLY HAROLD M. STREET
LINDA S. KAARE MUSKEGON, Ml 49443-0786
TELEPHONE: 616,722,1621
FAX 616•722°7866 or 616°728°2206 PAUL T. SORENSEN 1920-1966
WILLIAM J. MEIER GEORGE A. PARMENTER 1903-1993
KEirn L. McEVOY CYRUS M. POPPEN 1903-1996
JEANE. CHARBONEAU
MYRA DUITON-JOHNSON
JAMES R. SCHEUERLE
ANNA K. URICK
February 3, 1998
Mr. Ed Wasiura Fax 722 7399/Mail
Knudsen and Wasiura, Attorneys
301 Ameribank Bldg.
Muskegon, MI 49440 Re: Van Kammen Dangerous Bldg Case
Circuit Ct. File 97-3-37615 CH ..
Dear Ed,
Mr. VanKammen has not completed the work required by the judgment, and the deadline,
January 31, 1998, is past. He has drawn down all but 2400.00, but he has not completed
anything except correcting the roof sag.
In accordance with the judgment, the city is documenting the conditions involved, and going out
for bids to demolish the house.
If there are any questions, please call.
Schmelzinger 0
/
G:ICOMMON\5\GTJ\C-VKAM2.LTR
Neighborhood and
Construction Services
Department
Memo
To: Dan Schmelzin'1
From: George Dood
1/
CC: Jerry McIntyre
Date: 2/2/1998
Re: 1969 Hoyt follow-up inspection
1. ROOF DETERIORATED WITH OPEN HOLES. INCOMPLETE
2. ROOF BOWED. CORRECTED
3. PAINT PEELING AND BLISTERING ON HOUSE. INCOMPLETE
4. ELECTRIC WIRES RUBBING ON ROOF. CORRECTED
5. REAR PORCH FOUNDATION SETTLING AND ROTTED WOOD. INCOMPLETE
6. REAR STEPS DETERIORATED. INCOMPLETE
7. REAR PORCH ROOF ROTTED. INCOMPLETE
8. NO HANDLE ON FRONT DOOR. CORRECTED
GARAGE:
1. ROTTED WOOD. INCOMPLETE
2. UNSAFE EGRESS ROUTES. GARAGE FULL OF DEBRIS
Page 1
BillLDING INSPECTION
REQIDRED REPAIRS
1969HOYT
SEPTEMBER 16, 1997
Structural
1. Properly size, support, and fasten floor joist in basement.
2. Repair/replace approximately eight split floor joists.
3. Repair foundation wall, including tuckpointing, patching holes, and anchoring loose block.
4. Properly size roofrafters on rear of house.
5. Smoke detectors required per 1995 CABO I & II Family Building Code.
6. Tear off old roof and rotted boards and replace.
7. Repair rotted eaves.
8. Replace rotted boards on front porch.
9. Plumb pillar and repair foundation on NE corner of front porch.
10. Repair broken windows, including glass, glazing, and rotted wood.
11. Repair rear porch landing and steps.
12. Rear porch must have proper sill plate.
13. Doors and windows must work properly.
14. Repair chimney and cap.
15. Garage - Roof, rotted boards, rotted studs and rotted and missing siding must be replaced.
Electrical
I. Upgrade service to I 00 amps (service undersized, circuits doubled up, circuits overfused).
2. Add at least I basement outlet (must be GFI protected).
3. Install adequate lighting in basement.
4. Smoke detector required in basement, in each sleeping room and adjacent to the entryway
to each sleeping room.
5. Add circuit for laundry facilities.
6. Rear entryway had improperly tenninated and exposed knob and tube wiring that must be
removed.
7. Exposed non-metallic sheathed cable for garage light must be protected by raceway.
8. Rear entry way must be served by light and switch.
9. Rear exterior door must be served by light and switch.
10. Non-metallic sheathed cable in pantry damaged and must be replaced.
11. Switch box in pantry too small and not grounded.
12. Bathroom is not served by a receptacle (must be on 20 amp circuit and.GFI protected).
13. Rear bedroom is missing switch for light in room.
14. Light fixture must be replaced in rear bedroom.
15. Rear bedroom only served by one outlet.
(
16. Outlet for _refrigerator in kitchen missing:
17. Replace light over kitchen sink.
18. Light over kitchen sink must be switched.
19. Recommend rewiring kitchen outlets to comply with 1996 National Electrical Code.
20. Add at least 2 new receptacles in dining room (all new receptacles to be on 20 amp circuit).
21. Middle bedroom is missing switch for light in room .
. 22. Light fixture must be replaced in middle bedroom.
23. Light fixture must be replaced in front bedroom.
24. Front exterior door must be served by light and switch.
Plumbing/Mechanical
I. Furnace needs to be certified safe for operation by licensed mechanical contractor.
2. Water piping not complete to water heater; water piping is undersized 1/2" and not to code.
3. Bathtub trap and sink waste lines are old lead and not to code.
4. Vent for kitchen sink waste terminates inside of house, must go through roof.
5. Bathroom sink waste line is taped together, no shut off valves to fixture.
6. Kitchen sink has no shut off valves to fixture.
7. Toilet and bathtub have no shut off valves.
8. Chimney needs to be inspected by licensed mechanical contractor and certified safe for
operation.
9. Note: Plumbing system could not be checked due to no water.
;/lt/y 7
-~00D, DATE
BUILDING INSPECTOR
D~,
ELECTRICAL INSPECTOR
~M~
::ING/MECHANICAL INSPECTOR
(
1969HOYT
9/16/1997
REQUIRED REPAIRS
1. PROPERLY SIZE , SUPPORT , AND FASTEN FLOOR JOIST IN BASEMENT.
2. REP AIR/ REPLACE APPROXIMATELY EIGHT SPLIT FLOOR JOIST.
3. REPAIR FOUNDATION WALL INCLUDING TUCK POINTING, PATCHING
HOLES, AND ANCHORING LOOSE BLOCK.
4. PROPERLY SIZE ROOF RAFTERS ON REAR OF HOUSE.
5. SMOKE DETECTORS REQUIRED PER 1995 CABO I AND II BUILDING
CODE.
6. TEAR OFF OLD ROOF AND ROTTED BOARDS AND REPLACE.
7. REP AIR ROTTED EVES.
8. REPLACE ROTTED BOARDS ON FRONT PORCH.
9. PLUMB PILLARANDREPAIRFOUNDATIONONN. E. CORNER OF FRONT
PORCH.
10. REPAIR BROKEN WINDOWS INCLUDING GLASS, GLAZING, AND ROTTED
WOOD.
11. REP AIR REAR PORCH LANDING AND STEPS.
12. REAR PORCH MUST HAVE PROPER SILL PLATE.
13. DOORS AND WINDOWS MUST WORK PROPERLY.
14. REPAIR CHIMNEY AND CAP.
15. REPAIR HOLES IN SIDING.
16. GARAGE: ROOF, ROTTED ROOF BOARDS, ROTTED STUDS AND ROTTED
AND MISSING SIDING MUST BE REPLACED.
.\fflrmative :\ct!on
616172-4•6703
Assessor
6161724·6708
Ccmelerv
6 \6172-4:678:l
Clvll SerYlce West Michigan's Shoreline City
616172-4•6716
Clerk
616/72+6705
Aug~st 27, 1997
C. ~. Services
616/724-6717
Mr. David VanKammen
2086 Estes
Engineering Muskegon, MI 49441
616172-4-6707
Dear Mr. VanKammen:
Finance
616!72-4-6713 SUBJECT: 1969 Hoyt
At its regularly scheduled meeting last evening, the Muskegon City Commission decided to no longer
Fire Dept.
6161724•6792 accept appeals of the demolition orders it has issued under Section 4-25 of the City Code. Therefore, since
the Commission did concur in the determination made by the Housing Board of Appeals and order the
subject property demolished in action taken on July 29, 1997, your appeal of August 26, 1997 will not be
Income Tax
6161724•6770 heard.
Please note that you do have the right to appeal the Commission's order to circuit court within twenty-one
lnsperUons days of this notice. Failure to file will result in the City's demolition of the structure and the filing ofa lien
61t:ii72-4·H715
against the property for the cost of the demolition.
Leisure SerYice Sincerely yours,
616,724-6704 ~ - - - -
""""'' s llffire \ . ?'":-....,.K,M~½;~.-v~:it,--:><-t
G\6172•-Hi72--t Dan Schmelzinger
Director, Neighborhood and C
\faHir"s Office
6161724-6701
l'larminwZoning
Hlfi/72+6702
Pollce Dept.
lil6172+6750
Public Works
616/726-4786
Treosurer
6161724-6720
Walt!r Dept.
6161724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
-.~
! f-i4 61 ~7 ~ t,<Lt;- ~
T--Wic2A,\0CL...Jf;J.41=r¼-ed1='~/1µ2+1--lil:1/27:2.IS>---1_-fJf.1'11L__ _ _ __
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-
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-l ~--~~::12----:-kd-?-~-~-,~--~
if
~_..:_----,,-~~, U ~ ,-
~ .• ~6=-'~14-----~ ~ l~'.£,~47"/9bZry
----~~ 0() )D~~4--~~~~~ r:·~
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-----e,-e'.'.~- _ _ ; ; F f ~ ~ fs:tJoa ~~_,,,_r_,,______
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1 \_, - __ , ~=h~1~1f!Z_-t-=.7"--.- - - ~
. JJ0rf/ ~ ~ ~ - - -
.-Uflrmatlve Action
6 \ 61724-6703
MUSKEGON (
Assessor
616/724-6708
Cemetery
6161724-6783
Clv11 Service West Michigan's Shoreline City
616/724-6716
Clerk
6161724-6705
C. N. Services
616/724-6717
July 30, 1997
Eni:llneerlni;:
6161724-6707
Mr. David VanKammen
2086 Estes
Finance
616/724-6713
Muskegon, MI 49441
Dear Mr. VanKammen:
Fire Dept.
616172+6792
SUBJECT: 1969 Hoyt
Muskegon, Michigan
Income Tax
616/724-6770
On July 29, 1997, the Muskegon City Commission concurred in
the determination previously made by the Muskegon Housing
lnspeclions Board of Appeals that the subject property is unsafe, a
6\61724-6715
public nuisance and a dangerous building under the City
Code. As a result, the Commission ordered that the building
Leisure Service be demolished within thirty (30) days.
6161724-6704
If this building is not demolished by September 1, 1997, the
\lanai:lel'°s Office City will proceed to cause the building to be demolished and
fi!li/72-l-fi724
the costs associated therewith will be filed as a lien
against the property.
\layor's OFF!cc
6lf:il724-li701
Should you have any questions concerning this matter, please
do not hesitate to contact me at 724-6715.
Plannlng/Zoning
616/724-6702
Sincerely yours,
Police Depl.
6llil724-6750
Daniel Schmelzinger
l'ublic Works Director, Neighborhood and Construction Services
6161726-4 786
Treasurer
616/724-fi720
Wmcr Dept.
lllli/724-li7l8
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the City Commission for the City of Muskegon has adopted a
resolution finding that the building located on the following described property constitutes a
dangerous building and shall be demolished. The resolution was adopted by the City
Commission on July 2 9 1997 . The property is described as follows:
Plat A Muskegon Heights, ~ot 9, Block 26 also known QS 1969 Hoyt
City of Mwsk.egon
Any person interested in the property should consult with the Office of the City Clerk for
the City of Muskegon, for further information.
•
WITNESSES: CITY OF MUSKEGON
~ib&L~
Its Clerk .
TATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this-12td_day of :fujy , 1997,
by Gail A. Kundinger as City Clerk on behalf of the City of Muskegon.
d(;i.4 J. lat/4z
i,';Jr/a S- /21ter Notary Public
Muskegon County, Michigan
My Commission Expires: 9-,,?S- Zf
This document prepared by and return to:
City of Muskegon, Neighborhood and Const. Services
933 Terrace Street, P.O. Box 536
Muskegon, MI 49443-0536
,'
I
AGENDA ITEM NO.
CITY COMMISSION MEETING OF JULY 22, 1997
TO: Honorab1e Mayor and City Commissioners
FROM: Dan Schme1zinger, Director of Neighborhood and
Construction Services
DATE: Ju1y 8, 1997
SUBJECT: Concurrence with Housing Board of Appea1s Findings and
Orders for 1969 Hoyt
=========================================================-======
SUMMARY OF REQUEST
This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the subject structure is
unsafe, substandard, and 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.
FINANCIAL IMPACT
General funds are currently budgeted to pay for the cost of
demolition.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
This property has been vacant and has had extensive code
violations since at least 1991. It was declared unsafe and a
public nuisance by the Housing Board of Appeals in July, 1992
although action on the case was halted before demolition
occurred. The file was resurrected in 1996 and a notice and
order to repair or demolish was issued on August 27.
(
The owner obtained a building permit in December but made little
progress in correcting the violations during the ensuing months.
As a result, the case was referred to the Housing Board of
Appeals on June 5, 1997. The Board found the property to be
substandard and a public nuisance and ordered it demolished .. No
one appeared at the hearing on behalf of the owner.
Property taxes for 1995 and 1996 are due.
It is estimated that the cost of bringing the property into
compliance with City codes would be in the range of $17,000 -
$21,000.
Attached are copies of the minutes of the June 5, 1997 Housing
Board of Appeals meeting, the findings of fact and order of the
Board dated June 9, 1997, and the findings from the August 5,
1996 inspection of the property.
COMMITTEE RECOMMENDATION
The Committee of the Whole will consider this item at its meeting
on July 21, 1997.
.-\rfirmatlve Action
6161724•6703 (
,\ssessor
6161724•6708
Cemrtery
Ii 161724•6783
Civil Service West Mlcblgan's Shoreline City
616172+6716
Clerk
6161724•6705
C. N. Services July 16, 1997
6161724·6717
Engineering
Mr. David VanKammen
616172--1-6707 2086 Estes Street
Muskegon, MI 49441
Finance Dear Mr. VanKammen:
6161724•6713
SUBJECT: 1969 Hoyt
Muskegon, Michigan
Fire Drpl.
6 l 6172--1-6792
This is in regard to our letter of July 7, 1997 notifying you of a
hearing before the City Commission on July 22, 1997 to determine whether
Income Tax the subject property should be demolished. Due to the lack of a quorum,
{j 16172-1•6770 this meeting has been canceled and your demolition case will now be
heard on July 29, 1997 at 5:30 p.m.
Inspections A workshop session of the Commission to review agenda items will -also be
Gl6l72Hi715 held on the preceding day at 5:00 p.m. Both meetings will be held in the
Commission chambers on the first floor of City Hall, 933 Terrace Street.
Li:isure Service At either meeting, you or your representative will be given the
616172+6704
opportunity to show cause why the building should not be demolished.
\1anagcr's Office
If you have any questions concerning this matter, please do not hesitate
ti 16172-1•6724 to contact me at 724-6715.
Sincerely yours,
_\-!ayor's Orflce '
616l72•H70 l
Daniel Schmelzinger
Planning/Zonini:i
!il6l724•6702 Director, Neighborhood and Construction Services
. Police Dcpl.
!)16172+6750
l'ublic Works
liltil72fH786
Treasurer
filG/724·6720
W:itcr IJcpL.
!i16l72-l•li718
City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443·0536
(
MUSKEGON HOUSING BOARD OF APPEALS
JUNE 5, 1997
PAGE4
dule in 7 days to the Neighborhood and Construction Services office and that she re
the Housing Board of Appeals for review.
otion, supported by Randy Mackie, to accept ommendation
that Mrs. Morris prese · ed schedule of repairs in 7 days ase would be reviewed
at the July 10th meeting. A r ote was taken.
AYES:
Greg Borgman
Bob Johnson
Fred Nielsen
• #97-3 - 1969 HOYT (HOUSE) - DAVID VANKAMMEN, 2086 ESTES ST.
No one attended the meeting. Dan Schmelzinger said that 2086 Estes had been on the agenda in
the fall but was removed from the agenda because Mr. VanKammen had pulled a permit to do
repairs. The repairs were not made. Mr. VanKarnmen indicated recently that he was going to let
the property go. Photos were passed around. Greg Borgman made a motion, supported by Randy
Mackie, to declare the house to be unsafe, substandard and a public nuisance and forward to the
City Commission for concurrence. A roll call vote was taken.
AYES· NAYS: EXCUSED:
Greg Borgman Boyd Arthur
Bob Johnson
Fred ~ielsen
John Warner
Randy Mackie
The motion carried.
Community Officer Schultz commented that there is a lot of traffic in this area on Hoyt mostly
juvenile activity and that any abandoned house is going to be targeted by juveniles .
• ~i .
.
(
""""°'
6 I6r724-6708
Cemetery
616172-1•6783
Clvll Service ·west Mldll!!an's Sborellne Oty
616172-t-6716
Cieri<
MUSKEGON HOUSING BOARD OF APPEALS
6161724'6705
DATE: June 9, 1997
C. ~- ~ices CASE: Case #97-03 - I 969 Hoyt
616/72-t-6717
David Van.Kammen
En~ineelin,i? 2086 Estes Street
6!61724-6707
Muskegon, Mi. 49441
F1nance
6!61724-6713 FINDING OF FACTS AND ORDER
f'lre Dept.
The following action was taken at a session of the Muskegon Housing Board of Appeals
6!61724-6792 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 5th day of June
5, 1997.
Income Tax
616172-t-6ii0
The Neighborhood and Construction Services Department of the City of Muskegon, having
inspected the building structure located upon the property described as Plat A Muskegon,
Inspections
6 16/72-t-6715 Heights, Lot 9 Block 26 also known as 1969 Hoyt found the conditions listed on the
attached pages exist and that these conditions are hazardous as defined in Section 4-23 of the
Leisure :ienlce
Code of Ordinances.
616/72H)70-I
The Board further found that these conditions exist to the extent of endangering life, safety
\lana~er s Office and the general welfare of the public.
ti 16/72+6724
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
\layor"'> Office
fi161724-6i0I declared to be unsafe, substandard and a public nuisance.
It is, therefore, ordered that the owners or other interested parties· take such action to repair
l'lanniniu'/.onm~
6!6172-H:i702 or remove said structure, or appeal this order within 20 days of the receipt of this order.
PoJlce Oepl. It is further ordered that if the owners or other interested parties fail to repair or remove said
0161724•6750
structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and remove said structure.
Publlc Worts
ti 16/726-Hfl6
Treasurer
til6172-t.fi720
Water l~pl.
Ii I ti/724-6718
Qty of "1uskegon. 933 Terrace Street. P.O. Box 536, "1uskegon. "1Jchlgan 49443-0536
;
If you wish to appeal this ordd, . ou must do so within twenty days. \ inay obtain the
J.
appeal form at the City's Neighborhood and Coastruction Services Department
(Inspections), City Hall, 933 Terrace ~treet.
OARD OF APPEALS
,
(
CONDEMNA.nON INSPECTION. ·
... 1969HOYT
AUG~ST 5, 1996
APPROXIMATELY 30' X 40' SINGLE STORY WOOD FRAME HOUSE.
1. ROOF DETERIORATED WI1H OPEN HOLE AT EAVES.
2. ROOF ·BOWED.
3. PAINT PEET ING AND BLISTERED ON HOUSE..
4. ELECTRIC WIRES RUBBING ON ROOF.
5. REAR PORCH FOUNDATION SETTLING AND RO l IED WOOD.
6. REAR STEPS DETERIORATED.
7. REAR PORCH ROOF RO I !ED.
8. NO HANDLE ON FRONT DOOR.
GARAGE:
1. HAS RO I !ED WOOD.
2. UNSAFE EGRESS ROUTES.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEE 1S THE DEFINrnON OF A DANGEROUS
BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE.
~ Q(
RGEDOOE), BUILDING INSPECTOR
J-F-fi.
DATE
...
DATE: July 16, 2002
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 #(X)-l/&, Address: l,oi
f (Ne".
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
1708 Pine , 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: #00-46, 1708 Pine St.
Location and ownership: This structure is located on Pine Street between E.
Dale and E. Larch in the McLaughlin Neighborhood. It is owned by James
Bauer.
Staff Correspondence: A dangerous building inspection was written 8/9/96
and a Notice and Order to repair or demolish was issued 8/15/96. It was heard
before the HBA on 5/1/97 declared unsafe and forwarded to commission. The
City Commission determined to monitor progress on the structure until April
1998. On 6/24/98 CC concurred with the HBA and declared it unsafe. Another
order to repair or demolish was issued 5/12/00. On 8/17/00 the HBA declared it
unsafe and commission concurred 10/10/00. An interior inspection was
conducted on 9/10/01. On 5/2/02 the HBA ordered an opportunity to repair to the
owners and an inspection to be called for. An inspection was conducted, but did
the work was not approved.
Owner Contact: Mr. Bauer contacted the Inspection office and stated the
repairs are all completed and he didn't understand what was needed. He was
told he needed to talk to Rick Clark, the plumbing and mechanical inspector
because some of the work was not correctly done. He has not contacted the
inspector as of this date.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $12,800
Estimated cost to repair: $2,500
F.' l1ispcetions'Gr,1D1n~k1_Ll1rrai11-:1\\'l1rJ' CC ~ IEET1:---;GS\.-\ge11Ja - 1969 Ho~ !.tfoc page I of:2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 23, 2002.
F:\lnspcctions\Grabinski_l"nrraine\ Word\CC MEETINGS\Agenda - 1969 Hoyt.doc page 2 of2
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For The Inspection Dept. 410853
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Jason/Mandy Coffell
PROPERTY 1708 Pine
PLATE# 04587
DESCRIPTION Lot 8 Blk 297 Revised Plat (of 1903) of the City of
Muskegon as recorded in Liber 3, Page 71.
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 1237
PAGE: 488
DATE OF DEED: May 21, 1982
GRANTOR: Marion B. Jones
GRANTEE: Marion B. Jones and James Bauer, as joint tenants with
full rights of survivorship
NOTICE: 2118-361
DATE: April 20, 2000 at 8:00 AM
ABSTI<ACTED BY, ~ l.
TRANSNATION TITLE INSURANCE COMANY
~n\
The above information is to be used for reference purposes only and
not to be relied upon as evidence of title and/or encumbrances.
Accordingly, said information is furnished at a reduced rate, and
the Company's liability shall in no event exceed the amount paid for
said information, should evidence of title and/or encumbrances be
desired, application for title insurance should be placed with
Transnation Title Insurance Company.
File Number - 410853
TRANSNATION TITLE INSURANCE COMPANY
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
Lot 8 of Block 297 Revised Plat of 1903, City of Muskegon.
Permanent Property No. 61-24-205-297-0008-00
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the City of Muskegon after said information has been received by the Treasurer in the form of an
assessment roll. This report also includes, but without any representation by Transnation Title Insurance
Company as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if
any, are not included in this report.
CITY OR VILLAGE TAXES
No 1999 Summer taxes.
STATE AND COUNTY TAXES
1997 County taxes are due in the amount of $1,538.76. plus penalties
and interest.
1998 County taxes are due in the amount of $655.38. plus penalties and
interest.
1999 County taxes are due in the amount of $520.32. plus penalties and
interest.
TAX SALES
State Equalized Value $9,900.00.
Taxable Value $9,448.00.
NOTE: Homestead filed.
NOTE: City of Muskegon invoices. infractions and assessments were
not checked.
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: July 16, 2002
1708 PINE
(Address of Property)
TO: All owners and interested parties:
She/line White, 1708 Pine St. Muskegon, Ml 49442
(Name of Owner)
Jason & Mandy Coffell, 3023 Henry St. Muskegon, Ml 49441
(Other interested parties)
James Bauer, 1396 Pine St. Muskegon, Ml 49441
On May 2, 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 Julv 23, 2002, to consider the above decision of the
Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on July 23. 2007, at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.
CITY OF MUSKEGON INSPECTIONS DEPARTMENT,
F O ~ HOUSING BO1'\RD OF APPEALS
~:ocrt'.f~~49,~,~·
F:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC -
HBA Minutes 5/02
Case #00- 46 -1708 Pine St.- Shelline White 1708 Pine St, Muskegon
Ms. White was not present to represent this case. She was given until this
meeting to finish repairs and have a final inspection and that did not happen.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Motion made by Jerry Bever, supported by John Warner to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
Nick Kroes
The motion carried.
DANGEROUS BUILDING NEW CASES:
Case -051 -1166 W. Grand - James & Tamara Ward & ryjane
Sanford, 1 W. Grand, Muskegon
Mary Sanford state at she holds the land cont~ with James and Tamara
Ward on this home. At fell on the front porgh and has not been repaired yet.
Mr. Grabinski stated there n e been neigh or complaints and recently a police
report from 4/15/02 stating ther re car arts and junk in the back yard and the
home appears to be in a state of dis air. Mr. Ward stated the front porch was
removed Friday, 4/26/02 and~he ck r t side of the foundation was been
repaired. He also stated ther as been m ·!l work done on the inside. The
window in the upstairs fr~ edroom is not perfh~ent, it was stuck in instead of
boarding the front. Th y will install an egress winclo~, The Wards stated they
7
have done a lot of Vl(Qfk and only one neighbor compla't~ost neighbors are
happy with what;rre'y have done. They live next door andl1~'1l~en trying to get
the inside doni'; so they can move in. They have had electricak€1n~ilding
inspections/·Mr. Kroes asked when the exterior work can be done"'-Ihere.._was
discussion on time frames required by Inspections. There was also d' fyussiBQ
on hovfthe exterior needs to be repaired, whether it has to be sided comp ely
/4tfst on the front. The sides that are wood can be painted, the front is to be
/ ed.
5 of 8
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: May 3, 2002
To: Shelline White, 1708 Pine St, Muskegon, Ml 49441
Owners Name & Address
Jason & Mandy Coffell, 3023 Henry St. Muskegon, Ml 49441
Names & Addresses of Other Interested Parties
James Bauer, 1396 Pine St. Muskegon, Ml 49441
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, May 2, 2002 does hereby order that the following
structure(s) located at 1708 Pine St, 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.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commission has considered the record and this
order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
FOR THE HOUSING BOARD OF APPEALS:
bert B. Grabinski, Director of Inspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO REPAIR OR DEMOLISH
Date of Order: February 12, 2002
Address of the property: 1708 Pine St.
Description of the structure: Lot 8, Blk 297
To: Shelline White, 1708 Pine St. Muskegon, Ml 49441
Owners Name & Address
Jason & Mandy Coffell, 3023 Henry St. Muskegon, Ml 49441
Names & Addresses of Other Interested Parties
James Bauer, 1396 Pine St. Muskegon, Ml 49441
OPPORTUNITY TO REPAIR
The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance. However,
it is determined that the buildings are repairable, provided that permits are applied
for and repairs performed in a timely manner. Therefore, it is ordered that the owner
or interested parties shall call for an inspection within 14 days of the date of this
letter, apply for permits required, commence the repairs of the conditions found in
the inspection report attached to this order, and call for final inspections when
repairs are complete. All said repairs shall be accomplished in the time limited by
the permits issued relevant to the said repairs, and physical repair must be
commenced within the said 30 days of obtaining those permits.
If an in inspection is not called for within 14 days, permits pulled, and repairs
completed by the date on permits, this case will be forwarded in April to the City
Commission for their concurrence to demolish the structure.
2
\
FAILURE TO COMPLY - DEMOLITION ORDER
TO BE SUBMITTED TO THE CITY COMMISSION
In the event the owners or interested parties fail to call for an inspection.apply for all
permits required to effectuate the said repairs, or fail to commence physical repairs
as ordered, then the above order of the Housing Board of Appeals shall constitute
an order to demolish the said structures.
In such case, the Director of Inspections is ordered to place before the Muskegon
City Commission, in April 2002, this order and the record in this case to seek
concurrence by the City Commission with the decision of this board for demolition,
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.
CITY OF MUSKEGON
HOU G BOARD OF APPEALS
!M?i~-
By_-JL-----------
Robe Grabinski, Director of Inspections
3
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: April 18, 2002
Address of the Property: 1708 Pine St.
Description of the Structure: Lot 8, Blk 297
TO: Shelline White, 1708 Pine St., Muskegon, MI 49441
[Name & Address of Owner]
Jason & Mandy Coffell, 3023 Henry St. Muskegon, MI 49441
Names & Addresses of Other Interested Parties]
James Bauer, 1396 Pine St. Muskegon, MI 49441
Please take notice that on Thursday, May 2, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the Order to Repair issued
2/12/02.
At the hearing on Thursday, May 2, 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
CITY OF MUS~GOt-1 IJ'!SPECTION DEPARTMENT,
O~flm~L OF TH OU ING BO OF APPEALS
By •
Robe t B. Grabinski, Director oflnspections
C:IWINDOWSITEMPINOTICE OF HBA HEARING.DOC
HBA Minutes 2/02
The motion carried.
Case #00-46 -1708 Pine St., Shelline White/James Bauer, Muskegon Ml
Shelline White was present to represent this case. She is buying the house on a
land contract from James Bauer. Mr. Grabinski gave a history on the case. The
dangerous building process started back in May 2000. It was scheduled to be
demolished along with 1712 Pine St. 1712 Pine was demolished and at that time
Ms. White was the owner of that house. At the time of that demolition, Mr.
Grabinski met Ms. White and informed her that action was started on the
property and an interior inspection was required. In September an interior
inspection was required. As of this date we do not know if anything has been
done, there has been no contact with the owner. Ms. White stated that some
things have been done. She stated that her land contract says Mr. Bauer will
take care of repairs. Mr. Grabinski read from a copy of the land contract that an
additional $50 per month will be used for taxes, insurance and maintenance. He
inquired about anything off the list being done. She stated that Smith Plumbing
did some plumbing work, 2 smoke detectors installed, no wiring, no GFI, fixed the
hot water heater, there are no sewer leaks, the water pipes in the basement have
been hung up, no OSB board, no guard rail on back steps. No inspections have
been called for.
Staff Recommendation: Declare substandard, a public nuisance, and a
dangerous building, delay action for an additional 15 days (April) before taking to
City Commission. In that time Ms. White or Mr. Bauer need to call for another
inspection (within few weeks) and repairs need to be done by the first week in
April. Permits need to be pulled by Mr. Bauer. If that is completed it will not go
before City Commission.
Motion made by Randy Mackie, seconded by Clara Shepherd to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Nick Kroes
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
The motion carried.
Ms. Shepherd inquired about the land contract. Mr. Grabinski read from it,
stating that although the purchaser paid for maintenance, the agreement reads
4 of 12
HBA Minutes 2/02
that the purchaser agrees to keep the said premises in accordance with all
police, sanitary and other regulations imposed by any governmental authority.
e #01-049 - 318 E. Apple Ave. George Dobben, 270 E. Apple, Muskegon
Mr. Do en was not present to represent this case, but Bruce Austin was th e
on his be . Mr. Austin has been retained by Mr. Dobben to work on t
building. M . ustin explained what his plans are for repairing the b · ing.
After looking at t ictures, Mr. Borgman stated that Mr. Austin r y needs to
work under the advis en! of the inspectors. Mr. Grabinski w over the
inspection report and st d that because of the tires and w a that is stored
there, if there was ever a fi ·t would be spectacular. T pollutants from a fire
would be of great significance. r. Austin stated that e building is strong and
structurally very good. Henry Fal wski stated b use of the roof damage and
neglect, there is more exterior, struc I dama . He recommends a engineer
design to get everything back into struc I ety. Mr. Borgman stated there is
quite a lot of potential for falling bricks. Mr rabinski inquired about how much
authority Mr. Austin has in spending Mr obb 's money to do repairs. Mr.
Austin stated there's not much mone He state at Mr. Dobben will be back
from Florida in April. Mr. Austin w to talk to Henry ltinowski after the
meeting about his intention to e the building safe.
Staff Recommendation:. D are substandard, a public nuisa e, and a
dangerous building, del action taking to City Commission unti
meeting in April, allow· g Mr. Dobben time to return from Florida.
Motion made by ndy Mackie, supported by John Warner to support sta
recommendatio .
NAYES: EXCUSED: ABSENT:
Greg orgman
Ra y Mackie Nick Kroes
n Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
The motion carried.
It was also noted that DPW should be called to take care of blocking the sidewalk
on the east side of the building.
5 of 12
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: January 28, 2002
Address of the Property: 1708 Pine St., Muskegon Ml
Description of the Structure: Lot 8 Blk 797
TO: Shel line White, 1708 Pine St. Muskegon, MI 49441
[Name & Address of Owner]
Jason & Mandy Coffell, 3023 Henry St. Muskegon, MI 49441
Names & Addresses of Other Interested Parties]
James Bauer, 1396 Pine St. Muskegon, MI 49441
Please take notice that on Thursdav, February 7, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be detennined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is to follow up on the interior inspection which was conducted
September I 0, 2001.
At the hearing on Thursday, February 7, 2002 , at 5:30 o'clock p.111., at the Muskegon
City Hall, 933 Tenace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
Affirmatln Action
231/724-6703
FAX/722-1214
Assessor
2311724-6708
FAX/726-5181
Cemetery
231172-.i.6783
F..\\/726-5617
Clvil Sen-ice
2311724-6716
F AX/724-4405 West ,uc1tlgan's Shoreline City
Clerk
2311724-6705
FAX/724-4178
Comm. & '.".eigh.
Scn·\ces
231/724-6717
August 23, 2001
FAX1726-2501
Engineering
2311724-6707
FAX/727-6904
Jason & Mandy Coffell
3023 Henry St.
Flnance
231/724-6 713
Muskegon, Ml 49441
F AX/724-6768
Fire Dept. Re: 1708 Pine St.
231/724-6792
F AX/724-6985
Dear Property Owner:
Income Tiu:
231/724-6770
FAX/724-6768 Please take notice that on September 7, 2001 the above property will be bid out
Info. Systems for demolition. Please have any personal belongings removed by September
231/724-6744 10,2001.
F AX/722-430 I
Leisure Sen·ice
231/724-6704
F AX/724-1196 If you have any questions, please call (231) 724-6715.
Manager's Office
231/724-6724
FAX/722-1214
Mayor's Office
231/724--6701
FAX/722-1214
Inspection Services
23Jn24-6715
FAX1726-2501 Robert B. Grabinski, Fire Marshal/Inspection Services
Planning/Zoning
231/724-6702
FAX/724--6790
Police Dept.
231/724-6750
FAX1722-5140
Public Works
231/724--4100
FAX1722-4188
Treiuurer
231/724-6720
FAXfl24-6768
W11ler Bllllng Dept.
231/724-6718
F AX/724-6768
Water FIitration
231/724-4106
FAX/755--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, \luskcgon, \II 49443-0536
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1708 Pine St.
(INTERIOR INSPECTION)
Inspection noted:
I. Fixtures incomplete.
2. Smoke detectors missing.
3. Open junction boxes.
4. Basement outlets not GFI.
5. Switch/outlet covers missing.
6. Water heater inoperable.
7. Waste and vent in need of repair.
8. Water piping in need of support.
9. Replace back upper window - it is currently covered with OSB particle board.
I 0. Guardrail required on back steps.
11. Repair - replace smoke detectors.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
INOWSKI, BUILDING INSPECTOR DATE
F:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1708 Pine
- Interior.doc
LaBrenz, Don
Subject: 1708 Pine DBW/ owner per Bob - MN
Start: Mon 9/10/01 3:30 PM
End: Mon 9/10/01 4:00 PM
Recurrence: (none)
fixtures incomplete
smoke detectors missing
open juction boxes
basement outlets not gfi
switch /outlet covers missing
1
)
'
. . . . ~· . .:a.:. .
CITY OF MUSKEGON
INSPECTION DEPARTMENT /~
(231)724-6715 /'"7(1 J
INSPECTION SHEET For / I_, ; >7 V
0 Building O Ei.ctrlc.1 ?Mechanical ~umblog 0 Zoning
'0 ---- ' S..vlc4o
FC>Olfng
---- ' ---- '
O O Undo<17°'-'Xl O Uodo<17ound
0 Rough In O Rough In O Aouot, In O Rough In
0 Fina! 0 Fl,..i O Flf\41 0 Final
a ____ a____ o ___ a _ _ __
lnspoc1or _ _ _ _ _ _ _ _ Dato _ _ _ _ _ _ _ Approved O yea D no
Corr oct prior lo and C-811 for reinspect ion.
NOTICE OF RESOLtTTION
DAl"\/GEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
T-AKE NOTICE that the City Commission for the City of Muskegon has adopted a
resolution finding that the building located on the following described property constitutes a
dangerous building and shall be demolished. The resolution was adopted by the City
Commission on 6 I z3 , 19.....J.J The property is described as follows:
Lot 8, Block 297, al~o known ai 1108 P~ne St4eet, ~~ty
06 Mu.~kegon
Any person interested in the property should consult with the Office of the City Clerk for
the City of Muskegon, for further information.
WI1NESSES: CITY OF MUSK.EGON
. 5,,~ Y\ \'\Jk ,y;t:"..o --
Sc,.. ,c-v---. i;::,,_ \t> 'c.__N:J€1
BY~,lg.i..!!.:,,.J..:_~~~~~
d~4d!zit
L/nclt1 s. ~I-rt'/'
Gail A. Kundinger
Its Clerk
STATE OF MICIDGAN
COUNTY OF MUSK.EGON
The foregoing instrument .was acknowledged before me thiso<J;{day of .JCto e. , 1998,
by Gail A. Kundinger as City Clerk on behalf of the City of Muskegon.
~d& d{}.
h;;c/q S. /o;r?"t',,--
Notary Public
&6a
Muskegon County, Michigan
My Commission Expires: ;9-,?S-: Y
This document prepared by and return to:
City of Muskegon, Neighborhood and Const. Services
933 Terrace Street, P.O. Box 536
Muskegon, MI 49443-0536
\mrm.1thl.' -\,1wn
1.1 ! -~..s-o-uJ
F \_\. -11-111..s
\~~..,,,ur
131 714-b-OS
F \_\: -~ti-:'1:-11
Cemder~
2J 1:724-6783
FAX:716-5617
Ch-ii Service
231/724-6716 October 12, 2000
FAX/724--t-105
Clerk
231/724-6705
F.-\X/72-1-4178 Jason & Mandy Coffell Jason & Mandy Coffell
PO BOX 1144 77 Hartford, Apt #2
Comm. & :"ielgh.
Services Muskegon MI 49443 Muskegon MI 49443
231/72-1-6717
FAX1726-2501
Jason & Mandy Coffell
Engineering
231/72-1-6707 1708 Pine
FAX/727-6904 Muskegon MI 49443
Finance
231/72-1-6713
FAX/72-1-6768
To Whom It May Concern:
Fire Dept.
231/72-1-6792 SUBJECT: 1708 Pine Street
FAX/724-6985 Muskegon, Michigan
Income Tax
231/724-6770 On October 10, 2000, the Muskegon City Commission concurred in the determination
F AX/724-6768
previously made by the Muskegon Housing Board of Appeals that the subject property is
Info. Systems
231/724-6744
unsafe, a public nuisance and a dangerous building under the City Code. As a result, the
FAX.1722-4301 Commission ordered that the building be demolished within thirty (30) days.
Leisure Sen-Ice
231/724-6704 If this building is not demolished by November 10, 2000, the City will proceed to cause
FAX/724--1196
it to be demolished and the costs associated therewith will be filed as a lien against the
Manager's Office
231/724-6724
property.
FAX/722-1214
Mayor's Office
Please note that you have the right to appeal this order to the circuit court for the County
231/724-670 I of Muskegon by filing a petition within twenty (20) days from the date ofthis letter.
FAX/722-1214
Inspection SerYlces Should you have any questions concerning this matter, please do not hesitate to contact
231/724-6715
FAX1726-2501 me at 724-6765.
Planning/Zoning
231/724-6702 Sincerely yours,
F AX/724--6790
Police Dept.
231/724-6750
FAX/722-5140
~'('ti¼?~
Robert Grabinski, Fire Marshal
Public Works
231/724-4100 Director, Inspection Department
FAX/722-4188
Treasurer
231/724-6720
F AX/7U--6768
Water Billing Dept.
231/724-6718
FAX/724---6J68
··•,/
w~lt/rutratlon
231/724-4106
F AX/755-5290
F:llnspections\Everett\CC MEETINGS\CCCONCURRRENCE TO HOMEOWNER.doc
City of Muskegon, 933 Terrace Street, P.O. Box 536, \luskegon, i\11 49443-0536
1.ffir::-:a,i,~ \.·'1<>r1
~) I ~~.H1-n,1
FAX. 711-1114
..\HCSSOf
D 1,714-6-:'08
F-\.X. 716-5181
Cemetery
2311724-6 783
FAX1726-5617
Civil Sen-Ice
23ln24---67l6
F AX/724-4405 West Michigan's Shoreline City
October 2, 2000
Clerk
23 l/724-6705
FAX.1724-4178
Comm. & ~,tgh. Jason & Mandy Coffell Jason & Mandy Coffell
Smlm
2311724-6717
PO Box 1144, 77 Hartford , Apt # 2
FAxm6-2So1 Muskegon MI 49443 Muskegon MI 49443
Engineering
23tn24-6707
FAX/727-6904
Jason & Mandy Coffell
1708 Pine Street
Finance
231/724-6 713 1vluskegon MI 49443
F AX/724-6768
Fire Dept.
231/724-6792
FAX/724-6985
Dear Property Owner:
Income Ta:i:
231/724-6770 SUBJECT: 1708 Pine Street
FAX/724-6768 Muskegon Ml
Info. Systems
231/724-6744
FAX/722-4301
On 8/17 /00 the Muskegon Housing Board of Appeals made a determination that the
subject property is unsafe, a public nuisance and a dangerous building under City Code
Leisure Sen·lce
231/724-6704
and ordered that it be demolished or repaired by September 17, 2000.
FAX/724-1196
Mmge,•,om" Because such action was not taken by that date, the findings of the Board will now be
231 m<-•
724 sent to the City Commission as part of a request for concurrence in the Board's
FAX/722-1214
determination. The Commission will consider this request at its regularly scheduled
~~;;;;;~~~" legislative meeting on Tuesday, October 10, 2000 at 5:30 p.m. The meeting will be
FAXJm-1214 held in the Commission chambers on the first floor of City Hall, 933 Terrace Street.
Inspection Services
mm<-6 715 At this meeting, you or your representative will be given the opportunity to show cause
2 2 1
FAX/7 '- '' why the building should not be demolished.
Planning/Zoning
231/724-()702
FAX/724-6790 If you have any questions concerning this matter, please do not hesitate to contact me
Police Dept. at (231) 724-6715.
231/724-6750
FAX/722-5140
Sincerely yours,
PubUc Works
231/724-4100
FAX/722-4188
Treasurer
23In24-6720
F AXn24-6768
Water-BUllng Dept.
231nl4-6718
FAX/724-6768
Water Filtration
231n24-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, MI 49443-0536
Date: September 27, 2000
TO: Honorable Mayor and City Commission
FROM: Inspections Dept.
RE: Concurrence with the Housing Board of Appeals
Finding of Facts and Order for 1708 Pine Street.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 1708 Pine
Street is unsafe, substandard and 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.
FINANCIAL IMPACT:
The cost of the demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This single-family rental unit is located on Pine Street near E. Larch
Ave. The owner of the property is Jason & Mandy Coffell.
A dangerous building inspection was conducted on 5/10/00. A Notice
& Order was sent to three different locations in Muskegon to the
owners on 5/12/00. HBA declared the property to be unsafe on
8/17/00. Copies are attached.
The estimated cost of repairs is: $ (lyOC)O
CITY COMMISSION RECOMMENDATION:
The Commission will consider this item at it's meeting on 10/10/00.
MUSKEGON
Affirmatln A.:tlon
2Jli724-670J
FA '\,'7:?2-1214
Assessor
1J 1172-t-6 708
fAX/726-S181
Cemetery
2)1/724-6783
FAX1726-5617
Clvll Sen·lce
231/724..f,716
F AX/724-440S West Michigan's Shoreline City
Clerk MUSKEGON HOUSING BOARD OF APPEALS
231/724-670S
FAX1124-4178
Comm. & Neigh,
DATE: August 24, 2000
Sen·lce5 CASE: #00-46 - 1708 Pine St., Muskegon MI
231/724-6717
FAX/726-2S01
Jason & Mandy Coffell Jason & Mandy Coffell
Engineering
231/724..(,707 PO Box 1144 77 Hartford, Apt # 2
FAX/727.-6904
Muskegon MI 49443 Muskegon MI 49443
Finance
231/724-6713
FAX/724-6768
Jason & Mandy Coffell
1708 Pine St.
Fire Dept.
231/724..(,792 Muskegon MI 49443
FAX/724.-698S
Income Tax FINDING OF FACTS AND ORDER
231/724--6770
F AX/724-6768
The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems
231/724-6744
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on, August 17, 2000
FAX/722-4301 The Inspections Services Department of the City of Muskegon, having inspected the
Leisure service building structure located upon the property described as Lot 8 Blk 297,also know as, 1708
231/724--6704 Pine St., found the conditions listed on the attached pages exist and that these conditions are
FAX/724-1196
hazardous as defined in Section 4-23 of the Code of Ordinances.
Manager's Office
231/724-6724
FAX/722-1214 The Board further found that these conditions exist to the extent of endangering life, safety
Mayor's Office
and the general welfare of the endangering life, safety and the general welfare of the public.
231/724..(,701
FAX/722-1214
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Inspection Services
231/724-6715
declared to be unsafe, substandard and a public nuisance.
F AX/726-2501
Planning/Zoning
It is, further ordered that if the owners or other interested parties fail to repair ofremove said
231/724-6702 structure, or appeal this order within 20 days of the receipt of this order, the Building
F AX/724-6790
Official shall take bids and remove said structure.
Police Dept.
231/724..f,750
FAX/722-5140
Public Work.J
231/724-4100
FAX1722-4188
Treasurer
131/724-6720
F AX/724-6768
Water Billing Dept.
131/724-6718
F AX/724-6768
Water Filtration
231/724-4106
F AX/7S5-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, i\11 49443-0536
'\
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
Greg
MUS BOARD OF APPEALS
.-\ffirru;1ti\t Action
hl6._:'24-6703
F.-\\/71-H790
...\ssessor
MUSKEGON
6 I 61724--6708
F...\\/724-6768
Cemetery
6t6nH-6783
FAX1722-4188
Civil Sen·ice
616n24-67I6
FAX/724-6790
West Michigan's Shoreline Oty
Clerk
616/724-6705
FAX/724-6768 CITY OF MUSKEGON
Comm. & Neigh.
Services NOTICE OF HEARING ON
616/724-6717
F AX/724-6790 DANGEROUS AND UNSAFE CONDITIONS
Engineering
616/724-6707
F AX/724-6790
Finance August 4, 2000
616/724-6713
FAX/724-6768
Jason & Mandy Coffell Jason & Mandy Coffell Jason & Mandy Coffell
Firr Dept.
616/724-6792
PO Box 1144 77 Hartford, Apt #2 1708 Pine St
FAX/724-6985 Muskegon MI 49443 Muskegon MI 49443 Muskegon MI 49443
Income Tax
616/724-6770
FAX/724--6768
SUBJECT: Dangerous Building Case #: 00-46 - 1708 Pine St., Muskegon MI
Info. Systems
616/724--6975
FAX/72-1:6768 Dear Property Owner:
Leisure Service
616/724-6704 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
FAxn24-6790 of Muskegon will be held on Thursday, August 17, 2000 at 5:30 P.M. in the Muskegon
Manager's Office City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
616/724-6724
FAxn24-6790
determining whether the structure should be demolished or otherwise made safe.
Mayor's Office
616/724-6701
Officials from the Inspection Services Department have inspected the structure and it is
FA.\'.n24-6790 alleged that it has defects as listed on the attached page( s).
Neigh. & Const.
Services The defects are violations of Section 4-23 of the Muskegon City Code, which defines
616/724-6715
FAX/724-6790 dangerous buildings.
Planning/Zoning
616/724-6702 At the hearing, the Inspection Services Department will present testimony regarding the
FAX/724-6790 alleged defects. You are advised that you or your representative may cross examine the
Police Dept. City's witnesses and you may present testimony in your own behalf and call witnesses in
616/724--6750
FAX/722-5140
your own behalf We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Public Works
616/724-4100
FAX!722-4188 Inspection Services
Treasurer City of Muskegon
6l6/7H-67l0
FAX!724-6768
Water Dept.
616/724-6718
FAX/724-6768
W.aler Fil!ration
6t6m-1--4106
FAX1155-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Affirm3tl··e Action
~\},724-6703
FAX1722-1214
Assessor
231/724--6708
FAxn26-5181
Cemetery
231/724-6783
F AX/726-5617
Civil Sen-lee
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
Clerk
2311724-6705 NOTICE AND ORDER
FAX/724-4178
Comm. & Neigh. May 12, 2000
Sen·lces
231/724.-6717
FAX.1726-2501
Engineering
231/724.-6707
F AX/727-6904
Jason & Mandy Coffell Jason & Mandy Coffell
PO Box 1144 77 Hartford , Apt # 2
Finance
231/724-0713 Muskegon MI 49443 Muskegon MI 49443
FAX/724-6768
Fire Dept. Jason & Mandy Coffell
231/724-6792
F AX/724-6985
1708 Pine Street
Muskegon MI 49443
lnc-ome Tax
231/724-6770
FAX1724-6768
Info. Systems Dear Property Owner:
23ln24-6744
FAX1722-4301
Subject: 1708 Pine Street
Leisure Sen·ice
231/724-6704
LOT 8BLK297
FAX/724-1196
:\tanager's Office The City of Muskegon Building Official has recently inspected the subject property and has
231/724-6 724 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
FAX/722-1214
Code.
Mayor's Office
231/724-6701
FAX1722-1214 As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
lmpectlon Services structures within thirty (30) days.
2]1/724-6715
FAX/726-2501
If you elect to repair the structures, you must secure all required permits and physically
Planning/Zoning commence the work within thirty (30) days from the date of this order.
231/724-6702
F AX/724-6790
Pollce Dept.
Should you have any questions concerning this matter, please do not hesitate to contact our
231/724-6750 Building Official, Jerry McIntyre at 724-6715.
FAX/722-5140
Public Works Sincerely yours,
231/724-4!00
i~~~
FAX1722-4188
Treasurer
231/724-6720
FA.xn24-6768
Water Billing Dept. Fire Marshal/Inspection Services
231/724-6718
F A..X/724-<1768
W11ter FIitration
231/724-4106
FAxnSS--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, '1uskegon, :\II 49443-0536
I (
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1708 Pine St.
(INTERIOR INSPECTION) C\ - IO -o I
Inspection noted:
I. Fixtures incomplete.
2. Smoke detectors missing.
3. Open junction boxes.
4. Basement outlets not GFI.
5. Switch/outlet covers missing.
6. Water heater inoperable.
7. Waste and vent in need ofrepair.
8. Water piping in need of support.
9. Replace back upper window - it is currently covered with OSB particle board.
I 0. Guardrail required on back steps.
11. Repair - replace smoke detectors.
J
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
F:\Inspections\Grabinski_Lorraine\WordlDANGEROUS BUILDING INSPECTION REPORTSII 708 Pine
~ Interior.doc
,n1rTTiar1u \,rton
'!.'· :;..i-. .... JJ
,:\\.".'l!-1'!1~
,,i<\,ur
!JLiH--O·os
F'.\X.."72tr5l81
Cemrltr}'
lJl;"?l"'-'78J
n . .X,'72~5617
Civil Service
UlnU--6716
FAX/724-4405
Orrk
1Jlnl4-670S
FAXnl4--4178
Comm. & Nel&h, DANGEROUS BUILDING INSPECTION REPORT
Services
23tnl4-6717
FA.."(f71~2SOI 1708 PINE STREET
En&lnrerln& 5/10/00
lllnl'-6707
FAXn27--6904
Finance
lJtnU-6713
Inspection Noted:
FAX/714--6768
Fire Dept. 1. Handrails repaired to code.
1311724-6792 2. Broken out, boarded windows.
FA..'(!124-6985
3. Fascia, soffit, & siding repair needed.
Income Tu.
2Jlnl4-6770
4. Roofing needs repair.
FAX/724--6768
Info. Sy1tem1
2JL'7l+-6744 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
FA.X/722-4301
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Ldsure Service DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
2JlnH-~704
FA...'<1714--1196 MUSKEGON CITY CODE.
.\tanager's Office !,
23l!7l+-67U
FA.'(f'7ll-tll4
altinowski, Building Inspector
.\layor's Office
231l72+-670l
F..\...X/712-1214
lnspeclton Srrvlcn
23tn2-l--671S
FA"X./72~1501
CONCURREO IN ~..HaJiJ.Jl,
bert 8. Grabinski
Fire Marshal/Inspection Services
P\annln&fZonlnz
231172-1--6702
F..\...X/714-6790
Police Dept.
1Jtnl4--67S0
r A..'<1711-5140
PubUc Works
lJtnl-4--4100
FA."(1712-4188
Treasurer
lJtnl+-6710
F..\..X/724-6768
\\'a1er Blllln& Drpl,
lJtnl-1--6718
FA..X/72-4--6768
\\ a1er FU1r1tlon
23 t:124--4106
f.-\X...'155--5290
City of ~luskegon, 933 Terrace Street. P.O. Box 536, '1uskegon, Ml 49443-0536
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the City Commission for the City of Muskegon has adopted a resolution
finding that the building located on the following described property constitutes a dangerous
building and shall be demolished. If demolished, the cost incurred by the City of Muskegon for
demolition shall become a lien on this property. The resolution was adopted by the City
Commission on October 10, 2000. The property is described as follows:
* Lot 8 Blk 297
Also known as: 1708 Pine St.
Any person interested in the property should consult with the Office of the City Clerk for the
City of Muskegon for further information.
Witnesses:
~ U_
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this olZ day of //1/.fo , 2001 by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.
Cf¼iJ4 gQ.
t./,,Ja
&tu
S. ?oflrr, Notary Public
Muskegon County, Michigan
My commission expires: 9-c?-S--o,;i,_
Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, Ml 49443-0786
LIBER 2118PAG£ 361
,-, I ,
--r:.r,'
·. ,_ '~,' -..
, .. ,~. C"'i
, .. l ;_;,
- 1__
--
{_:_J:,'.,- --- --
NOTICE OF RESOLUTION
DANGEROUS BUILDING PROCEEDING
TO ALL INTERESTED PARTIES:
TAKE NOTICE that the City Commission for the City of Muskegon has adopted a
resolution finding that the building located on the following described property constitutes a
dangerous building and shall be demolished. The resolution was adopted by the City
Commission on 6 I 2 3 , 19___J_J The property is described as follows:
Lot 8, Block 297, al-00 known ai 1708 Pine St4eet, ½Ity
on Mu-0kegon
Any person interested in the property should consult with the Office of the City Clerk for
the City of Muskegon, for further information.
WITNESSES: CITY OF MUSKEGON
6c:s.::,._"'.c, \r\
c,_ """
~& IYD" ,____
i;:,._'"' I'- u._N:} t' r
BY~,L9.~.,,t...:_~~~:9µv
~~&dz
S.
L/iu/(1 ~;1-:/rr
Gail A. Kundinger
Its Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me thisddday of J«o e_ , 1998,
by Gail A. Kundinger as City Clerk on behalf of the City of Muskegon.
~~-&6a
h;,c/q S. /i;tfr ,,--- Notary Public
Muskegon County, Michigan
My Commission Expires: .9-e('S:: ??
This document prepared by and return to:
City of Muskegon, Neighborhood and Const. Services
933 Terrace Street, P.O. Box 536
Muskegon, MI 49443-0536
Afflnnatlve Acllon
6161724•6703
Assessor
616/724-6708
Cemetery
G16/724-6783
C!vll Service October 16, 1998 West MlcltJsan's Shoreline City
616/724-6716
Clerk
6161724-6705
Jason Coffell
1708 Pine
C. '.'-l. Services
6161724-6717
Muskegon Ml 49442
Ref: 1708 Pine
Engineerin~
6161724-6707
Dear Mr. Coffell:
Finance
6161724-6713 At the last inspection that was made on your house, a temporary Certificate of
Occupancy was issued; this department would now like to do a follow up inspection
Fire Dept to see if the remaining items that needed to be corrected have been completed.
616172--1•6792
We have scheduled a time of 2:30 p.m. on Wednesday, October 21, 1998 for this
Income Tax
616/724-6770
inspection; please make arrangements to be present so the inspection can be made and
a final Certificate of Occupancy issued.
Inspections
616/724-6715
If you have any questions regarding this inspection, please feel free to contact this
office at 724-6715.
Leisure Service
6\6/72--1-6704 Sincerely,
\fonager"s Office
6161724-672--1
Daniel Schmelzinger,
\1ayor·s Office Director, Neighborhood and Construction Services
6161724-6701
DS/lh
PlanningJZonlng
6 l 61724-6702
C James Bauer
Police Depl.
616/724-6750
Public Works
6161726-4786
Treasurer
6161724-6720
Water Uept.
6161724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
•\fflrmallve Acllon
6161724-6703
MUSKEGON
Assessor
6161724-6708
Cemetery
6 l 61724-6783
Civil Service West Mlcblgan's Shoreline City
G161724-67 ! 6
Clerk
616/724•6705
June 2 4, 19 9 8
C. '.'i. Services
6161724·6717
Mr. James Bauer
Engineering
616/724·6707
1396 Pine
Muskegon, MI 49442
finance
6161724-6713
Dear Mr. Bauer:
SUBJECT: 1708 Pine
Fire Dept. Muskegon, Michigan
6 J 61724-6792
On June 24, 1998, the Muskegon City Commission concurred in
Income Tax
616/724-6770 the determination previously made by the Muskegon Housing
Board of Appeals that the subject property is unsafe, a
public nuisance and a dangerous building under the City
inspt•n!ons Code. As a result, the Commission ordered that the building
li\bl72Hi715
be demolished within thirty (30) days.
Leisure Service
6161724-6704
If this building is not demolished by July 24, 1998, the
City will proceed to cause it to be demolished and the costs
associated therewith will be filed as a lien against the
\lanager·s Office
616/724-6724
property.
Please note that you have the right to appeal this order to
\1ayor's Office the circuit court for the County of Muskegon by filing a
6161724-6701
petition within twenty days from the date of the
Commission's action.
Planning/Zoning
6161724·6702
Should you have any questions concerning this matter, please
do not hesitate to contact me at 724-6715.
Police Oepl.
6161724-6750
Sincerely yours,
Publlc Works
fi 161726-4 786
Daniel Schmelzinger
Treasurer Director, Neighborhood and Construction Services
H16/724-6720
Water 0epl.
Hl61724•6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
Date: June 11, 1998
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Findings and Order for 1708 Pine
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1708 Pine is
unsafe, substandard and 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.
FINANCIAL IMPACT:
The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION
The housing inspector for this case referred the property for a
dangerous building inspection in August 1996. Based upon the
condition of the structure, a notice and order to repair or demolish was
issued on August 15. The case was scheduled for the Housing Board of
Appeals on May 1, 1997 because no progress had been made in
correcting the violations stated in the order. The department was then
notified that the property had been sold on land contract on April 24,
1997.
No one appeared at the HBA meeting on behalf of the owner; however,
the Board was advised of the recent change in ownership and the
purchaser's stated intent to repair the house. Nevertheless, the Board
found the property to be unsafe, substandard and a public nuisance and
ordered it demolished.
On February 24, 1998 the City Commission was requested to concur in
the decision of the Housing Board of Appeals but the Commission took
no action.
An electrical permit was issued in June 1997 and some work was
begun. Mechanical and plumbing permits were issued in November but
no building permit has been obtained. Inspections performed on
February 16 and 17, 1998 revealed that much of the repair work has
been done incorrectly and additional work is still needed before utilities
can be provided. A progress inspection performed on May 22, 1998
revealed that some of the defects included in the original notice and
order from 1996 have yet to be satisfactorily corrected.
Attached are copies of the minutes of the May 1, 1997 meeting of the
Housing Board of Appeals, the findings of fact and order of the Board
dated May 5, 1997 and the findings from May 16, 1997 an May 22, 1998
inspections of the property.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
June 22, 1998.
-\Hlrmauve .\ct1on
G1Oli24•6703
MUSKEGON
\sst'ssor
61 !iii2+6708
t:l'ffi('H'ry
1i 1!>1724•078:l
Ci\il St'rl'iCl' West Michigan's Shoreline City
1il0/724•!-i71H
Clerk
Ii [6172Hi705
1:..\. Serrices
,; 161724-ffi 17
June 10, 1998
r:n.!!inet'rin~
1116ii2•1-(i707 Mr. Jason Coffell
77 Hartford, Apt. 2
Muskegon, MI 49442
~·inanfe
1) 16/724-til !3
Dear Mr. Coffell:
Fire DrpL
SUBJECT: 1708 Pine
ti 16, 724•67!:l2 Muskegon, Michigan
On May 1, 1997 the '1uskegon ~ousing Board of Appeals ~ade a
incuml' ra.\ determination that the subject property is unsafe, a public nuisance and
i)l6i72Hi770
a dangerous building under City Code and ordered that it be demolished
or repaired by June 1, 1997.
':~,i,·•·[1,,11-.
i ;, 7~ !-n7
3ecause .such 'ic:::.:.on ·,,;as ::ct t:.3..s;;:en :)y --::1at date, :::e :'.:indings ,'.)f --.:::e
Board will now be senc :::o '::1e City Commission as part of a reques;: :or
concurrence in the Board's determination. The Commission will consider
i.t•istirr ~ernce this request at its regularly scheduled legislative meeting on Tuesday,
,; 16172+6704 June 23, .1998, at 5:30 p.m. The meeting will be held in the Commission
chambers on the first floor of City Hall, 933 Terrace Street. The
Commission, acting as a Committee of the Whole, will also meet at 5:00
'-l<ma!!er ~ c)!Tice p.m. on June 22 in the Commission chambers to review agenda items.
'Jlfii72-H)724
At either of these meetings, you or your representative will be ·Ji ven
the opportunity to show cause why the building should not be demolished.
\\a,o(s Offitc
•11fili2Hii01
If you have any questions concerning this matter, please do not hesitate
to contact me at 724-6715.
!'lm1nmw/,onin~
,, 1(),'724.1, 702 Sincerely yours,
i'olice Depl.
'i 1fi/i24•1i750
~~~
LJ v,
Daniel Schmelzinger
Director, Neighborhood and Construction Services
l'utJlir Work~
•, ! li172fi•47flti cc: James Bauer
l'rc•asun•r
;, lli,72-Hi720
\\ atl'f IJC'pl.
1ilbli24•1i71H
City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
\rflrmallve :\cuon
6!6/72-Hi03
MUSKEGON !
\s:wssor
1illil72-1·670B
Cl'Olt'tcr~·
Ii 16172--1-(}7!\:1
l;i\'il St'n•ict· West Michigan's Shoreline City
!il!ili2Hi71G
t]Cl'k
fi ! (i172--l-(i705
(:. \'. ~('f\"ll'l'S
(irnn2-i.t1111 May 18, 1998
En!a!ineenne
ti 15n,,..;,o, Mr. Jason Coffell
77 Hartford, Apt. 2
,..;,mace Muskegon, MI 49442
1-il(i172•Hii'l3
Dear Mr. Coffel:
Fire lkpt.
•116172--1-h/92
SUBJECT: 1708 Pine Street
lllCUllll' l',l.\
+.iltii72--l-liTi0 As I indicated to you in my letter of February 25, 1998 we have continued to monitor
progress toward completion of the repair work at the subject property and, according to
our records. there are still remaining code violations that have not been corrected.
!1~[)1'1 IIPlh
, : !l ~~ j.1,/ j)
Therefore, this is to advise you that unless these deficiencies are corrected and the boards
Lei8ure C,ernce
removed from the house by June I, 1998 we will again request the City Commission to
il ! Gli2--1-lii0--I order the building demolished.
11,nnw s office If you have any questions concerning this matter, please do not hesitate to contact the
16724
''"'"' City building official, Jerry McIntyre, at 724-6747.
\layor ~ ornce Sincerely yours, .. ._ ~
~
a·. L
hlh,72--1 hiOI -
l'la1111111wzomog
GHir72--l-fi702
g(l\_,.,,..-_ ~- •~- ' • r /
Dan Schmelzinger · ·._
Director, Neighborhood and Construction Services
l'nfice llPµl.
•i Ifli72.J.li750
cc: James Bauer
!'uhlic Works
ii I b•72!i--l7B6
!"n•a~un-r
fi lhli2--l•li720
Water DepL.
!)10172Hi718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
Ufirmaure .\rlion
G!6172Hi703
) MUSKEGON
\:;sessor
6161724-tl/08
Cemetery
6161724-6783
Civil Sm'ice West Mlchlgan's Shoreline City
6161724-6716
Clerk
6!61724-6705
February 25, 1998
C. ~- Services
6!61724-6717
Mr. Jason R. Coffell
Engineering 77 Hartford - Apt. 2
6161724-6707
Muskegon, MI 49442
Finance Dear Mr. Coffell:
616/724-6713
SUBJECT: 1708 Pine
Fire Dept.
6 J 61724-6792
Muskegon, Michigan
As you know, last evening the City Commission opted not to
Income Tax
6 l 61724-6770 take action on the department's request for concurrence with
the determination of the Housing Board of Appeals. You
should note that it is our intent to continue to monitor 1:he
·ll~tlt••'l1 1Jll:;
»lb(i24-li71:J
prcgress being made in completL1g ,:he work required to make
the structure occupiable and on March 31, 1998, we will
assess the status of the case. At that time, we will make a
Leisure Service decision as to whether to bring the case forward again to
616/724-6704
the Commission for their meeting on April 14, 1998.
\lanager's Office I suggest that you stay in contact with George Dood and the
6161724-6724
other inspectors relative to your progress and schedule any
necessary inspections prior to March 31.
\layor·s Office
6\61724-6701
Sincerely yours,
r
P!anning/Zonin~
6!61724-6702
Daniel Schmelzinger
Police Depl.
6161724-6750
Director, Neighborhood and Construction Services
Puh!ic Works
f) 161726-4 786
Treasurer
6!61724-6720
Water Dept.
6161724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, 'v'luskegon, 'v'lichigan 49443-0536
Date: February 17, 1998
To: Honorable Mayor and City Commissioners
From: Neighborhood and Construction Services
Department
RE: Concurrence with Housing Board of Appeals
Findings and Order for 1708 Pine
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1708 Pine is
unsafe, substandard and 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.
FINANCIAL IMPACT:
The cost of demolition will be paid with budgeted CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION
The housing inspector for this case referred the property for a
dangerous building inspection in August 1996. Based upon the
condition of the structure, a notice and order to repair or demolish was
issued on August 15. The case was scheduled for the Housing Board of
Appeals on May 1, 1997 because no progress had been made in
correcting the violations stated in the order. The department was then
notified that the property had been sold on land contract on April 24,
1997.
No one appeared at the HBA meeting on behalf of the owner; however,
the Board was advised of the recent change in ownership and the
purchaser's stated intent to repair the house. Nevertheless, the Board
found the property to be unsafe, substandard and a public nuisance and
ordered it demolished.
An electrical permit was issued in June and some work was begun.
Mechanical and plumbing permits were issued in November but no
building permit has been obtained. Because of the exceedingly slow
pace at which corrections were being made, the owner was recently
asked to provide the department with a list of the remaining work he
intends to do and a timetable for completion. He has failed to provide us
with this list. Inspections performed on February 16 and 17, 1998
revealed that much of the repair work has been done incorrectly and
additional work is needed before gas or electric can be provided.
It is estimated that the cost of bringing the property into compliance with
City codes would be in the range of $15,000 - $19,000.
Attached are copies of the minutes of the May 1, 1997 meeting of the
Housing Board of Appeals, the findings of fact and order of the Board
dated May 5, 1997 and the findings from a May 16, 1997 inspection of
the property.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this item at its meeting on
February 23, 1998.
?)-_s-~ 7 J~J0t
:ITY OF MUSKEGON <~ITY OF MUSKEGON
INSPECTICN DEPARTMENT
(616) 724-6715
Sl>ECTION SHEEi' F0<
/7cJf3 r: -
' ,,,JC: 5-7-
INSPECTict-1 DEPARTMENT
(616) 724-6715
INSPECTION SHEEt For
,. __, ,c' 1/ C:, u
_r7
II ;v e
_
s-:-
~ • n Bulldlng a Electrlcal
l!ulldlng O El.ctrlcal
' - - - •--- • Pfumbfno D Zoning , D Mechanlcal
,
~ D Zoning
l Foo<lnO
l RoUQh In
OS..vloo
0 Rough In
0 Un6o<17ound 0 Un6o,17ound Cl P:oodno
o nouohln
'
0 Serviee
0 Rough In
'
0 Un&,,17ound 0 Un6o,17ound
~
a Rouoh 1n ORoughlo 0 FloUQhln
l Fin" Otlnal
a ____ a ____ 0 Final O r-Jnat D flnal 0 FINI ~
a ____
'----- [) ----- •---- •---- •----
a -I 0- P8 .x 21t-za
:Of_~_(_l_ _ _ _ __ Date Appro\'11d o yH no. '"'~°"',JI: - L . - ~
R~~•on _
Date
_j~---------------------------
Approv<1d • yH ~
~ ,UCJ . /btvG4. il. Tr.s. r t6,,,.._,1 fLJ #",12 01"7 8,, ~, ;u ,f) r G,"'/1/4:£
.,,--:-- ~
&/!,tv&C'.€ 1:5!_("- /c/'7-t(- c),C- ~.,5/;
Q c. /ltr11 [,v
I
k: /lr1.s- ffi LE / ;J &_s~ ~ 5;,),:..5 ?e:?:, /~o LF-4 ,l,S,_
) _s'v, s-ZE:2:1 Na-;- Co''?r 4?ll7c.- -5'/'
T
~~E a F / /V,.Sz::_'"'cc /r "r'-...--'
f3;_,;- /lrrtPvuEoJ
.tg}r S4,?ezo ' 6»/ 1
i
ti
~
orr ect prior to and C-ft.11 for reinspection. C',...,, N:t prior to and C-ft.11 for reinspection.
1 MUSKEGON
West Michigan's Shoreline City
1998
Bauer
MI 49442
\Jlu,_
Bauer:
Fire Dept. SUBJECT: 1708 Pine
6161724•6792 Muskegon, Michigan
On May 1, 1997 the Muskegon Housing Board of Appeals made a
Income Tax determination that the subject property is unsafe, a public nuisance and
616/724-6770
a dangerous building under City Code and ordered that it be demolished
or repaired by June 1, 1997.
n:>f)f'l't:on:,;
•, lfi,i'.:: l-hi !3 Because such action ·.-1as :1ot: t:aken by that data, -:::le :findings of t:he
Board will now be sent to the City Commission as part of a request for
concurrence in the Board's determination. The Commission will consider
Leisure Service this request at its regularly scheduled legislative meeting on Tuesday,
l:i 16/724-6704 February 24, 1998, at 5:30 p.m. A workshop session of the Commission to
review agenda items will also be held on February 23, 1998 at 5:00 p.m.
Both meetings will be held in the Commission chambers on the first floor
\lanager's Office of City Hall, 933 Terrace Street.
616/724-6724
At either of these meetings, you or your representative will be given
\1ayor·s omce
the opportunity to show cause why the building should not be demolished.
fl 161724-ll701
If you have any questions concerning this matter, please do not hesitate
to contact me at 724-6715.
Plannlng/Zonini:i
fi 161724-6702 Sincerely yours,
Pollce Depl.
~~ -c:::-~-~~SL,
6161724-6750
Daniel Schmelzinger
Director, Neighborhood
Public Works
6 l 61726-4786
Treasurer
6161724-6720
Water Depl.
616/724-6718
City of Muskegon, 933 Terrace Street. P.O. Box 536, Muskegon. :vllchigan 49443·0536
\ \
1708 Pine
5/16/1997
2/17/1998
1. Windows broken. INCOMPLETE
2. Eaves rotted with holes. HOLES FILLED
3. Rear steps tipped and cracked. INCOMPLETE
4. House needs paint. INCOMPLETE
5. Hand rail required on basement stairs. INCOMPLETE
6. Fire stop under stairs in basement. INCOMPLETE
7. Second floor may not be used as a habitable space. WIRING HAS BEEN ADDED IN
THIS AREA
8. Smoke detectors required per CABO I+ II 1995. NOT APPROVED
APPLICATION FOR A BUILDING PERMIT HAS NOT BEEN MADE.
GRD
I
1708 Pine
May 22,1998
Progress inspection
l. Windows broken. INCOMPLETE
2. Eaves rotted with holes. HOLES FILLED WITH SPRAY FOAM, STILL ROTTED
3. Rear Steps tipped and cracked. COMPLETED
4. House needs paint. STARTED 65% DONE
5. Hand rail required on basement stairs. INCOMPLETE
6. Fire stop under stairs in basement. INCOMPLETE
7. Second floor may not be used as habitable space. WIRING HAS BEEN ADDED IN THIS AREA
8. Smoke Detectors required per 1995 CABO One & Two Family Dwelling Code. INCOMPLETE
NOTE: APPLICATION FOR BUILDING PERMIT HAS NOT BEEN MADE.
\ 1
Ill Yi / ~~t'"Jj
I I ;t'(
/ ;,,, '
BUILDING INSPECTION
1708 PINE
MAY 16, 1997
STRUCTURAL
1. Windows broken.
2. Eaves rotted with holes.
3. Rear steps tipped and cracked.
4. House needs paint.
5. Handrail required on basement stairs.
6. Fire stop under stairs in basement.
7. Second floor may not be used as a habitable space.
8. Smoke detectors required per CABO I & II Family Code, 1995, requirements.
PLUMBING/MECHANICAL
1. Furnace must be certified safe for operation by licensed mechanical contractor.
2. All water lines must be replaced - undersized.
3. Chimney needs liner.
4. Fuel oil tanks in basement must be removed.
5. Must have gas lines tested for turn on.
DATE_ _ _ _ _ __
4orgeDood,
Building Inspector
-~.....,..._c,._ _
Johll E. Smith,
Plumbing/Mechanical Inspector
\f[lrmal11'l' ,\rllon
li1W72-Hi703
\ssei;i;or
lil6172H}701l
Ct·mett,/'\'
ll161724:6783
Cil"ll&rvkc
li16/724·6711i
Clerk
616/724•6705
c. :-1. :>enices
fi 161724•67 ! 7
December 2, 1997
En~lneerln~
6161724,6707
Mr. and Mrs. Jason Coffell
PO Box 1144
~1i~~;~.67J:l Muskegon, MI 49443
Dear Mr. and Mrs. Coffell:
Fire Dept.
tl 16172+€,7!12 SUBJECT: 1708 Pine
The City's property maintenance code limits the length of time that a property can be left in a temporarily
lneomr Tax
!ii61?2+6770 boarded-up condition to 180 days. An inspection of the subject property on May 16, 1997 indicated that
the subject property was in a boarded-up condition. A reinspection today revealed that the house is still
boarded in violation of our ordinance.
'ISl)("o"iil>IIS
.. i,;,~:,: ,.,;7 !!
In lirder to comply with this ordinance. Jil bonrds over windows. doors and other openings must be
removed by December 20, !997, and the openings made intact and capable of being lucked.
l.eiSUf{' &rl'ICC
fi161724•!!704 Failure to comply with this requirement will result in the issuance of civil infraction notices which carry an
initial fine of$l00 and increase to $500 for repeat offenses.
~1:~;~~~;t ~~!ce Please note that you have the right to appeal this notice by filing an appeal with the Housing Board of
7
Appeals. Claim fonns may be obtained from the Neighborhood and Construction Services department.
,111)or·~ omce If you have any questions concerning this matter, please do not hesitate to contact us at 724-6715.
fil6172-H>i01
Sincerely yours,
l'la11nlng1i'.on!11gg·-
.
6!61724•6702
CV--
Dan Schmelzinger
:;~~f~2~~~~5o Director, Neighborhood and Cons ices
l'ub11c Wor~s
(i)6/716•4786
Treasurer
fil6172H720
Water llcpt.
6l6172Hi71fl
City of Muskegon, 933 Terrace Street, P.O. Box 536. \1uskegon. \11chlgan 49443·0536
BUILDING INSPECTION
1708 PINE
MAY 16, 1997
STRUCTURAL
I. Windows broken.
2. Eaves rotted with holes.
3. Rear steps tipped and cracked.
4. House needs paint.
5. Handrail required on basement stairs.
6. Fire stop under stairs in basement.
7. Second floor may not be used as a habitable space.
8. Smoke detectors required per CABO I & II Family Code, 1995, requirements.
PLUMBING/MECHANICAL
I. Furnace must be certified safe for operation by licensed mechanical contractor.
2. All water lines must be replaced - undersized.
3. Chimney needs liner.
4. Fuel oil tanks in basement must be removed.
5. Must have gas lines tested for turn on.
DATE_ _ _ _ _ __
4orgeDood,
Building Inspector
J....,,..._c-- -
Johll E. Smith,
Plumbing/Mechanical Inspector
MUSKEGON HOUSrNG BOARD OF APPEALS
MAY I, 1997
PAGE 8
#97-40 -1708 PINE - JAl'\1ES BAUER, 1396 PINE ST., MUSKEGON
JASON A.~D MANDY COFFELL, P. 0. BOX 1144
The owners were not in attendance. Jason and Mandy Coffell became the new owners on a land
contract this week. He intends to repair the structure. Our building inspector has talked to him
about obtaining permits. He was advised that the Muskegon Housing Board of Appeals may
take action. Dan Schmelzinger said that in many cases progress occurs when the case is placed
on the agenda.
Robert Johnson made a motion, supported by John Warner, to declare the house to be unsafe,
substandard and a public nuisance and forward to the City Commission for concurrence. A roll
call vote was taken:
AYES: NAYS: EXCUSED:
Greg Borgman Randy Mackie
Bob Johnson Fred Nielsen
John Warner
Boyd Arthur
Clint Todd
The motion carried.
- 1541 TERRACE - COR.i~ELIUS SMITH, 1395 GLEN, MUSKEGON
not in attendance. Dan Schmelzinger explained that Beth urch was going
to renovate thl cture with funds from the State but the Zoning D ould not allow it to be
3 units instead of _ · The owner has said he is selling it so
Greg Borgman made a motio , to declare the house to be unsafe,
substandard and a public nuisance A roll
call vote was taken:
AYES:
Greg Borgman
Bob Johnson
John Warner
,mrnwtlve .-\ctlon
fi 16172-1•6703
.\ssessor
616/724•6708
Cemetery
6161724•6783
Civil Service West Mlchlgan's Shoreline City
6 I61724•67 I6
Clerk
616172•.J.6705
C. 'I. Services
6161724-6717
En~int•rring NOTICE OF MUSKEGON HOUSING BOARD OF APPEALS HEARING
6161724•6707
DATE: April 21, 1997
Finance
616/724-6713
TO: James Bauer. 1396 Pine Street, Muskegon, Mi. 49442
Fire Dept.
6161724·6792 SUBJECT: DANGEROUS BUILDING CASE #97-40- 1708 Pine
Income l;i.< On Thursday. May 1, 1997, Dangerous Building Case #97-40 - 1708 Pine Street - w'ill be
6161724·6770
heard at the Muskegon Housing Board of Appeals meeting. The meeting will take place
at 6:00 p.m. in the first floor commission chambers at Muskegon City Hallo We
Inspections
6161724·6715
encourage you to attend the meeting since it is always better if someone is available to
answer any questions the board may have.
Leisure Service
616/724·6704
Neighborhood and Construction Services
~tanager's Office City of Muskegon
6 I61724-6724
:\iayor"s ornce
616/724•6701
Plannlng/Zoning
616/724-6702
Police Dept.
6161724•6750
Public Works
fil617264786
Treasurer
6 16/724·6720
Water Dept.
6161724•6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
ma1ive Action
'24-6703
./724•6790
ssor
724-6708
1724·6768
etcr)'
724.1,i83
/722---ill!S
I Service
724-6716 West Michigan's Shoreline aty
1724-6790 August 29, 1996
k
724-6705
/724-6768 Mr. James Bauer
1396 Pine
Sen·ices Muskegon, MI 49442
124-6717
/724-6790
Dear Mr. Bauer:
neering
'24-6707 Subject: 1708 Pine
/724-6790
The Muskegon City Commission recently passed an amendment to
"" the City's property maintenance code which limits the length
724.(,713
,/724-6768 of time that a property can be left in a temporarily boarded-
up condition to 180 days. An inspection of the subject
Dl'pt. property on August 26, 1996, revealed that this property is
724.6792 vacant and temporarily boarded.
J724-6790
In order to comply with this ordinance, all boards over
me Tax
724-6770 windows, doors and other openings must be removed by March 1,
J724-6768 1997, and the openings made intact and capable of being
locked.
,ections
72.J..6715
{/724-6790 Failure to comply with this requirement will result in the
issuance of civil infraction notices which carry an initial
,ure Service fine of $100.00. Fines for a repeat of the same offense can
724-6704 increase to $500.00.
\/724-6790
Please note that this notice does not grant you additional
rnger's Office
724-6724
time to correct other violations of the code for which you may
\/724-6790 have already been cited. Civil infraction notices will also
be issued if these corrections are not made by the required
1·or's Office time.
724-6701
'\1724-6790
If you have any questions concerning this matter, please do
1ning/Zoning
not hesitate to contact us at 724-6715.
724-6702
\/724-6790
Sincerely yours,
.ce Dept.
'724-6750
\/722-5140 ~
Daniel Schmelzinger
lie \'forks Director, Neighborhoo onstruction Services
726--4786
0722---i 188
Jsurer
724.t,7:!(I
\./724-07(,8
1cr Dq>t.
724-h7J/j
\/724-67(,!I City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml ~9443-0536
·m:i.th·e Action
1
724-6703
J724-6790 .MUSKEGON
ssor
724-6708
/724-6768
etcry
724-(, 7113
.!722-4l88
l Sen·ice
724-6716 West Michigan's Shorellne City
/724-6790
NOTICE AND ORDER
k
72-t-6705
1724-6768
August 15, 1996
Sen·ices
724-6717
J724-6790
neerini:
12.f.6707
James Bauer
.1724-6790 13 96 Pine Street
Muskegon, Mi. 49442
""
72-1-6713
,/724-6768
Subject: 1708 Pine
Dept,
Lot 8 Blk 297
724-6792
J724-6790
Dear Property Owner:
me Tax
724-6770
v1724-6768
The City of Muskegon Building Official has recently inspected the subject property and
has found the building to be dangerous as defined under Section 4-23 of the Muskegon
,ections City Code.
72-l-<,715
'1724-6790
As a result of this finding, you are hereby ordered to REPAIR the structure or DEMOLISH
,ure Sen·ice
724-6704
it within thirty (30) days.
0724-6790
If you elect to repair the structure, you must secure all required permits and physically
'lager's Office
724-672-1 commence the work within thirty (30) days from the date of this order.
\../724-6790
vor's Office
Should you have any questions concerning this matter, please do not hesitate to contact our
724-6701 Building Official, Jerry McIntyre, at 724-6715.
0724-6790
nning/Zoning Sincerely yours,
724-6702
\/72-1-6790
Cl'Dept.
72-1-6750
\/722-51-10 Daniel Schmelzinger
Director, Neighborhood and Construction Services
lie Works
"'26----l786
\/722--l \X8
.1sun·r
714-t,i~I)
\/11-1-lo~f,X
er Dl'JII.
724-h71/I
i./72-1-(,7611 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI ~9443-0536
CONDEMNATION INSPECTION
1708 PINE
AUGUST 9, 1996
APPROXIMATELY 30' X 40' 1 1/2 TWO STORY WOOD FRAME HOUSE.
1. REAR FOUNDATION MISSING BLOCK.
2. ANIMALS LIVING IN CRAWL SPACE.
3. WINDOWS BROKEN.
4. EAVES ROTTED WITH HOLES.
5. REAR STEPS TIPPED AND CRACKED.
6. HOUSE NEEDS PAINT.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE.
r:fi![JlOD, BUILDING Il'ISPECTOR DATE
CONCURRED I N : ~ ~ - ~ ~
~UIL GO ICIAL
AGREEMENT
THIS AGREEMENT, made this January 31, 2006 by and between:
Press's LLC.
(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 1708 Pine 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 $3450.00.
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: d/4o CkJ ((p ( - f},,ao.
Printed nam'-e and title
ATTEST:
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, J!J,tn th t,Ir ;fail e,(
<)
, certify that I am the -[-"Yd!
""".,L'--- - - -
of the Corporation named as contractor herein;
That A/IJ() dar~.es , who signed this Agreement on beha lf of the
Contractor, was then_,__,2,,,,..1,bl!e~4L..>,_ _ _ _ _ _ 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:
(J;~0p~
(CORPORATE SEAL) ·/4 ~1.ur; S.qer~JC-
Printed Name and Title
DATE: July 16, 2002
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 #:02-014, 1226 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
1226 Pine (G), 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: #02-014, 1226 Pine St. (G)
Location and ownership: This structure is located on Pine Street between
Catherine and Isabella in the McLaughlin Neighborhood. It is owned by
Equicredit Corporation in Florida.
Staff Correspondence: A dangerous building inspection was conducted
4/4/02 and a Notice and Order to repair or demolish was issued 4/15/02. On
6/11/02 the HBA declared it unsafe.
Owner Contact: On 6/21/02 a real estate agent contact the Inspection office
about a potential sale. She was faxed copies of all documents and instructed on
what needed to be done. On 6/16/02 a message was left for her updating where
the case was at with the office and requesting her to call back. As of 6/17/02
there has been no further contact.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $22,000 (House and garage)
Estimated cost to repair: $4,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 23, 2002.
1::\l11spections\Grabinski_l .orrainc\ Word\CC MEETINUS\Agenda - 1969 l loyt.doc page I of 1
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For The Inspection Department File#: 419614
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Equicredt Corp.
PROPERTY: 1226 Pine St.
PARCEL NO: 24-205-251-0001-00
DESCRIPTION: N 62 offl ½ Lot 1 Block 251
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3024
y·
t:;Y ~l
PAGE: 624 ✓ t,,\q~
s".:,
DATE OF DEED: March 1, 2000
GRANTOR NAME & ADDRESS: Gerald E. Singer and Helen Singer, husband
,°'
and wife 1132 Forest Park Rd Muskegon MI 49441
GRANTEE NAME & ADDRESS: Eura Jordan F/K/A Eura L. Piggee and
Elnora Wyrick 1226 Pine St Muskegon MI 49442
LIENS OR MORTGAGES: 3024/625; 3113/228; 3325/117
TODAY'S DATE: April 17,2002
EFFECTIVE DATE: March 20, 2002 at 8:00 AM
Abstracted by: JiQ~o, +;.
TRANSNATION TITLE IN URANCE COMP ANY
Q~
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
·-·; '1(•·.,.
.I'-~•>L.)
I
' ,. ;
SfA1.E OF MIC1ilG,\N
~OUNl y OF Mus,rnw
ncCE/VED FOR RECOP.D
2000 IMR I 6 1'11 /?.: 119
WARRANTY DEED
Tb.is Indenture, Dated this day of:
KNOW ALL MEN BY THESE PRESENTS THAT: MARCH!, 2000
GERALD E, SINGER AND HELEN SINGER, HUSBAND AND WIFE
1132 FOREST PARK RD
MUSKEGON, MI 49441
Convcy(s) and Warrnnt(s) To:
EURA JORDAN FORMERLY KNOWN AS EURA L. PIGGEE, A MARRIED WOMAN OF 1226 PINE
ST, MUSKEGON, MI 49442 AND ELNORA WYRICK, A SINGLE WOMAN OF 1226 PINE
STREET, MUSKEGON, Ml 49442
for the sum of
TWENTY NINE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS---($2tJ,70U.0oJ
the following described premises situated in
THE CITY OF MUSKEGON, COUNTY OF MUSKEGON AND STATE OF MICHIGAN TO WIT:
THE NORTH 62 FEET OF THE WEST 1/2 OF LOT 1 BLOCK 251 OF THE REVISED PLAT OF THE CITY OF
MUSKEGON (OF 1903) AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY
RECORDS,
/ Pnrce\#61-' · -_j_W..L---- ./..-·· ,,,-
'-k
_J
P.P. #61-24-205-251-0001-00 / 'Y·/-;J).r•r I °1
THIS DEED IS OJ VEN PURSUANT TO A LAND CONTRACT BETWEEN THE PARTIES DATED OCTOBER
11, 1993. GRANTORS DO NOT WARRANT ANY ACTS OR OMISSIONS OF GRANTEES SINCE THE DATE
OF SAID LAND CONTRACT. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND
LIMITATIONS OF RECORD, IF ANY.
Witnesses: Signed und Scaled
~~t;Jy~~.,d,"..L.-1..:'.(4£«2!,/J ~~k
GER~
HELEN SINGER
STATE OF MICHIGAN COUNTY OF MUSKEGON
The foregoing Instrument was ucknowlcdgcd before m MICIHGAN REAL ESTATE TRANSFER TAX
ON MARCH I, 2000 BY GERALD E, SINGER AND DEPT of TAXAT!OO $ 33, 00
HELEN SINGER, HUSBAND AND WIFE , ' MUS)<1!GllN Eiillt!Y, Ml
~bt:J}.~0 0> 33.00 C
• 00169485 $ ,00 S
PREPARED DY:
GERALD E. SINGER
1132 FOREST PARK RD
MUSKEGON, Ml 49441
J/2«1@ JI~&~~
"Shoron G. Bylund
ASSISTED BY: NOTARY PUBLIC MUSKEG COUNTY, MICHIGAN
CHICAGO TITLE INSURANCE CO, MY COMMISSION EXPIR 8/2712002
493 WEST NORTON
MUSKEGON, MICHIGAN 49441 WHEN RECORDED RETURN TO
l,1uckGg<Yl, M l o o ~ /5 20a2..
EURA JORDAN
'I l·~r•.'i' ,:-~·'." '¼;I 1;1••~ :,,~ n:, ':.~ ••~•·": r>• •··1.~ ;.,1 4 '"' "l,IJ
1226 PINE ST.
.rt• ,c · · ::.. 1 .J.. , ... · •. ;,:.\ ,: -' ·,, . , • ,. •· · ·,;t IVSKEC<:N, MI 49442
\ . , ._.,, .,.,::,w Jp, .,'"I . 1i:o ya1,!. , , ' I ./J l l•I
11
\;1,; :;l!Ulll~,,1. r,: ,1~1-' :f~ ~y Ul3 r ~ ~11,0.•·z__ _
No. L u ~ ~ ~~:c_;~~~/( ~INFO, IIDT Al)lJLA
8LE,,r;il;:; ,.,'!1£
610032214A SGB 61
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: July 16, 2002
1226 Pine St. (Garage)
(Address of Property)
TO: All owners and interested parties:
Equicredit Corp. P.O. Box 53077, Jacksonville, FL 32201
(Name of Owner)
Eura Jordan & Elnora Wyrick, 1226 Pine St., Muskegon, Ml 49442
(Other interested parties)
Gerald & Helen Singer, 1953 Forest Glen Court, Muskegon, Ml 49441
On June 6, 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 ,Julv 23, 2002, to consider the above decision of the
Housing Board of Appeals. You may appear at this hearing at 5:30 p.111. on Julv ?3. 2007, at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.
Robe B. Grabinski, Director oflnspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARO FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
(
INSPECTION SERVICES DEPT
FAX
P""
Ll OJ£l
933 TERRACE ST, PO BOX 536 rl '--'- 6 -- -
MUSKEGON, Ml 49443
TX: (231) 724-6715
FAX: (231) 728-4371
TO: ltuilb q ~ ~G ;;L (
FR OM: d'.rull o, ~
DATE: Cs, -Ll -o "L
SUBJECT: l J--½ P~ L~a ye-) r0c
0
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
COMMENTS: _ _ _ _ _ _ _ _ _ _ _ _ _ __
4fJ (>_,, ~ ,,YN-* 1'o (iLu,llid ¼--o ~0
!IBA Minutes 6/02
comm1ss1on. Mr. Grabinski stated if she gets help and gets her name on the title,
the inspection office would work with her to repair the property.
Staff Recommendation:. Declare this building substand , a public nuisance,
and uo,,_,erous building and forward to city commis · for their concurrence.
Motion made by
recommendation.
A roll cal vote was taken:
AYES ABSENT:
Greg Borgman
Randy Mackie Jerry Bever
John Warne[ Clara Shepherd
Jon Role
Nick
Case #02-014-1226 Pine St. (Garage) - Equicredit Corp. P.O. Box 53077,
Jacksonville, FL
No one was present to represent this case. Pictures of the garage were passed
to board members.
Staff Recommendation:. Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
Motion made by Jon Rolewicz, seconded by John Warner, to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Jerry Bever
John Warner Clara Shepherd
Jon Rolewicz
Nick Kroes
The motion carried.
Old Business: Bob Grabinski gave an update on d 1129 Peck
Street. The did not c appeal was filed with the state
7 of9
/
\ L
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: June 11, 2002
To: Equicredit Corp. P.O. Box 53077, Jacksonville, FL 32201
Owners Name & Address
Eura Jordan & Elnora Wyrick, 1226 Pine St. Muskegon, Ml 49442
Names & Addresses of Other Interested Parties
Gerald & Helen Singer, 1953 Forest Glen Court, Muskegon, Ml 49441
Other interested party
ORDER TO DEMOLISH STRUCTURE
The Hou~i!ilg Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, June 6, 2002 does hereby order that the following
structure(s) located at 1226 Pine St. (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.
F:UNSPECTIONSIGRABINSKI_LORRAINEIWOROIHBA 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.
.,
FOR THE HOUSING BOARD OF APPEALS:
~ert B. Grabinski, Director of Inspections
F:\JNSPECTIONS\GRABINSKI LORRAINE\WORO\HRA M~~INn~\~TANnA~n • r"lo~,1<- 1nonco Tn neur-1, •<:"u ,...,,....,....
'
i
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: May 23, 2002
Address of the Property: 1226 Pine St. (Garage)
TO: Eguicredit Corp. P.O. Box 53077, Jacksonville, FL 32201
[Name & Address of Owner]
Eura Jordan & Elnora Wyrick, 1226 Pine St. Muskegon, MI 49442
Names & Addresses of Other Interested Parties]
Gerald & Helen Singer, 1953 Forest Glen Court, Muskegon, MI 49441
Please take notice that on Thursday, June 6, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
.
and at the said hearing consider whether or not the following structure should be determined to
'
be dangerous, substandard and a nuisance, and demolished, or repaired.
.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Remove issued 4/ 15/02.
At the hearing on Thursday, June 6, 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.
rt B. Grabinski, Director of Inspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: April 15, 2002
Address of the Property: 1226 Pine (Garage), Muskegon, Michigan
TO: Eguicredit Corp. P.O. Box 53077, Jacksonville, FL 32201
[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 1226 Pine Muskegon, Michigan, and
cause said structure to be a dangerous or substandard building and a public nuisance.
Please see the attached inspection report
~ O F MUSK-EGON INSPECTION DEPARTMENT
!M~ IL. ~,Z·
Ro er! B. Grabinski, Director of Inspections
(
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1226 Pine St. (Garage)
4/4/02
Inspection noted:
I. Garage leans to side - potential collapse.
2. Replace roofing - deteriorated and moss covered.
3. Repair fascia.
4. No foundation - broken and displaced.
5. Siding unprotected: needs to be painted.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
C: crtB. Grabinski, Director of Inspections DA: E 7
F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1226 Pine
(Garage).doc
DATE: July 16, 2002
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Director of Inspection Services
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:01-032, 246 Laketon
(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
246 Laketon (G), 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: #246 Laketon (G).
Location and ownership: This structure is located on Laketon Avenue between
Terrace and Hoyt in the McLaughlin Neighborhood. It is owned by John
Markavitch who lives at this address.
Staff Correspondence: A dangerous building inspection was conducted
6/15/01 and a Notice and Order to repair or demolish was issued 7/5/01. A
permit to repair was issued on 8/1/01, but the work has not been done. On
11/1/01 the HBA issued an opportunity to repair. Mr. Markovitch contacted the
office on the date of the HBA meeting (2/7/02) and stated he could finish the
repairs within 30 days. On 2/7 /02 the HBA declared the garage unsafe because
the work has not been completed. As of this date the roof is not repaired.
Owner Contact: There has been no contact since 2/7 /02.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $14,600 (House and garage)
Estimated cost to repair: $2,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 23, 2002.
F:\l11spet:11L111s\Grahinski_L1mainc\ \\'orJ\CC MEETINGS\Agenda - 1969 Ho~ t.d11c page I of I
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~arbor Title
955 West Broadway
Muskegon, MI49441
Title Search
Case No.: 100120670
June 28, 2001
I. Beginning Date: 1/23/81, at 8:00 A.M.
Please See Attached Liber 1209, Page 815, Muskegon County Records, for Legal Description:
2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
5/8/2001, at 8:00 A.M.
Documents
Deeds: Mortgages:
Liber 1209, Page 815 Liber 3157, Page 38 n/a
Liber 1485, Page 917
Taxes:
Delinquent water & sewer usage bill in the amount of $15.00,
payable to the City of Muskegon, if paid by July 31, 2001.
1998 Taxes SOLD AT TAX SALE. Amount necessary to
redeem in July 2001 is $710.46.
Payment of the 1999 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$1,178.12, if paid by July 31, 2001.
Paymentof the 2000 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of$87l.72, if paid by July 31, 2001. (Base
amount of 2000 Winter tax bill is $510.32) *
NOTE: Delinquent water & sewer usage bill in the
amount of$289.42 was included in the 2000 Winter
tax bill.
Note:
No 2000 Summer taxes were assessed.
Permanent Parcel No.: 61-24-205-305-0005-60.
2001 State Equalized Value: $12,300.00.
2001 Taxable Value: $9,719.00.
Non-Homestead Property.
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
County, Michigan, against:
John Markavitch
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: July 16, 2002
246 Laketon (Garage)
(Address of Property)
TO: All owners and interested parties:
John Markovitch, 246 Laketon, Muskegon, Ml 49442
(Name of Owner)
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Other interested parties)
On February 7, 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 Julv 23, 2002, to consider the above decision of the
Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Julv 73. 200?. at the
Muskegon City Hall. 933 Terrace Street, Muskegon. Michigan, with counsel. if you desire. to
present any revelent evidence and arguments concerning the decision to demolish the above
structures.
C[TY OF MUSKEGON lNSPECTIONS DEPARTMENT.
7'[;;:l~TI:I.ALS
By--A'-----------------
Rob rt B. Grabinski, Director oflnspections
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORO\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
HBA Minutes 2/02
Case #01-032 - 246 Laketon (Garage) - John Markovitch, Muskegon
No one was present to represent this case. The owner did call the office late this
afternoon. He said he cannot attend the meeting and he can finish repairs in 30
days. Mr. Grabinski stated that the case was previously brought before the
board and an extension was granted for him to repair the garage. When Mr.
Markovitch called today he stated the rafters and roof are repaired. Mr.
Grabinski stated that when driving by today they do not appear to be repaired.
Mr. Markovitch was told at the last meeting to call the office if there is a problem
getting repairs done. He has not called until today.
Staff Recommendation:. Declare substandard, a public nuisance, and a
dangerous building, and forward to City Commission for their concurrence.
Motion made by Randy Mackie and seconded by Jerry Bever to support staff's
recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Nick Kroes
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
The motion carried.
Case #00 9 - 228 Washington - David Eskew, 228 Washington, Muskegon
No one was pres to represent this case. Mr. Grabinski istory and
stated there isn't that""'uch work to go, the owner jus t finish. He hasn't
called the office since the la · Ms.~~merd stated she has talked to
the owner and it is really a beauti u1'1'w.ru on Labrenz stated that he thinks it
is a funding issue, due to the fact th e difficult time getting $50 for an
electrical permit. Mr. Grabins ted he hopes · will be a wake up for the
owner to get done.
Staff Recomme lion:. Declare substandard, a public nuisance, and a
1 ding, and forward to City Commission for their concurrence.
S of 12
~ 4 lo LC\ '(sittllt'\
C(:::, 0 , °' er(.)
February 7, 2002
At 4:10 p.m. John Markovitch called to say he has a family crisis and cannot
attend the HBA meeting. He was not working full time recently and didn't have
the money to do remaining repairs. He has the roof and rafters repaired and can
finish in about 30 days. He was told to call in the morning 2/8 to find out what
the board's decision was.
lg
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 11, 2002
To: John & Virginia Markovitch, 246 Laketon, Muskegon, Ml
Owners Name & Address
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 7, 2002 does hereby order that the
following structure(s) located at 246 Laketon (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.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be
presented to the City Commission of the City of Muskegon on the date and at a time to
be noticed to you by the Director of Inspections. You are hereby notified that you will
have an opportunity to appear before the said City Commission at that time and to
present any and all evidence or matters relevant to the issue of demolition or repair of
the said structures. This order of the Housing Board of Appeals is not final, but will
become final if and when the City Commissio_n has considered the record and this
order, and has concurred. ·
The City Commission may concur with this order, or disapprove or modify the
order.
Rob rt B. Grabinski, Director of Inspections
F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF !VIUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: January 28, 2002
Address of the Prope1ty: 246 Laketon {Garage), Muskegon MI
Description of the Stmcture: E 40 ft. ofW 340 ft. Lot 5 Blk 305
TO: John & Virginia Markovitch, 246 Laketon, Muskegon, MI 49442
[Name & Address of Owner] ·
Muskegon County Treasurer, P.O. Box 177, Muskegon, MI 49443
Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 7, 2002, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Tenace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following stmcture should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the notice and order to
repair issued 7/5/0 I.
At the hearing on Thursday, February 7, 2002 , at 5:30 o'clock p.111., at the Muskegon
City Hall, 933 Tenace 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 strncture should not be allowed or ordered demolished.
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO REPAIR OR DEMOLISH
Date of Order: November 5, 2001
Address of the property: 246 Laketon (Garage Only)
Description of the structure: E 40 ft. of W 340 Ft. Lot 5 Blk 305
To: John & Virginia Markovitch, 246 Laketon, Muskegon. Ml 49442
(Name & Address of Owner)
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
(Names and Addresses of Other Interested Parties)
OPPORTUNITY TO REPAIR
The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance. However,
it is determined that the buildings are repairable, provided that permits are applied
for and repairs performed in a timely fashion. Therefore, it is ordered that the owner
or interested parties shall, apply for all permits required and commence the repairs
of the conditions found in the inspection report attached to this order within 30 days"
All saia repairs shall be accomplished in the time limited by the permits issued
relevant to the said repairs, and physical repair must be commenced within the said
30 days of obtaining those permits.
2
FAILURE TO COMPLY - DEMOLITION ORDER
TO BE SUBMITTED TO THE CITY COMMISSION
In the event the owners or interested parties fail to apply for all permits required to
effectuate the said repairs or fail to commence physical repair within 30 days, then
the above order of the Housing Board of Appeals shall constitute an order to
demolish the said structures.
In such case, 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 for demolition, 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.
CITY OF MUSKEGON
HOUSING BOARD OF A EALS
'
Grabinski, Director of Inspections
3
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: October 18, 2001
Address of the Property: 246 Laketon (Garage), Muskegon MI
Description of the Structure: E 40 ft. ofW 340 Ft. Lot 5 Blk 305
TO: John & Virginia Markovitch. 246 E. Laketon. Muskegon. MI 49442
[Name & Address of Owner]
Muskegon County Treasurer. P.O. Box 177. Muskegon. MI 49443
Names & Addresses of Other Interested Parties)
Please take notice that on Thursday, November 1, 2001 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Ten-ace. Muskegon. MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on 7/5/01.
At the hearing on Thursday. November 1 , 2001 , 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'R¥-OF MUSKEGON INSPECTION DEPARTMENT,
ON B~~~~ OF APPEALS
BY-----1-------------------
R bert B. Grabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
BUILnlNG f RMIT APPLl<'4\TION
F MUSKEGON
JOB ADDRESS J.--_ LI le l,\___,, 1 LoJl( " LOT _ _ _ BU< _ _ _ TRACT _ _ __
OWNE~h,n f'iJ Q Li:c 01.,Ll~('.W ADORE~ -1--"~""-"'•c.J:..J..-'-L~------ PHONE _ _ _ _ __
CON. NkJ _ _ _ _ _ _ _ MAIL ADDREf ~ PHONE _ _ _ _ __
ARCHITECT OR DESIGNER _ _ _ _ _ __ ESS _ _ _ _ _ _ _ _ PH _ _ _ LIC I EXP _ __
LICENSE NUMBER EXPIRATION DATE
FEDERAL EMPLOYER ID# OR REASON FOR EXEMPTION
---------------------,,--
WORKERS COMP. INSURANCE CARRIER OR REASON FOR EXEMPTION _ _ _ _ _~ - - - - - - - - - - - -
MESC EMPLOYER I OR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ALL CONTRACTOF: ll•IFOHM/fflON n::c1STEAED Wini "111[: CriY OF MUSKEGON YES O NO 0
CLASS OF WORI( NEW ADDITION O ALTERATION O REPAIR 0
:
SPECIAL CONDITIONS --F>r---'----------=:.L..-i..J_~_l_/L.::._/-"v'..../_,,-~._,~·c'e;:.::"t:..:/C='"-c:0-,:.::::'::c·__:·'-':.c~"---"(..'-.
s..'.!...'-"·z..,--cao.e'·:,cCc::.··.:::'--::!....:......_ _ _ _ __
USE OF BUILDING, _ _ _ _ _ _ _ _ _ _ _ _ __ CHANGE USE TO _ _ _ _- ' : f - - - - - - - - -
STARTING DATE _ _ _ __ DATE READY _ _ _ _ "'V-:-A:-:L--,U.,..,A'""T"'IO=,N-==-rr=-=R...K , - - - - - - - - - - ,
INSPECTION REPORTS
DATE REMARKS INSP. PE MITFEE d,_:,.Su
.l APPROVED BY PLANS CK BY PRlD FOR ISS. BY
'i?J·~ ~ , '
NOTICE ( ,i
SEPARATE PERMITS ARE REQUIRED FOR PLUMB! G, HEATING, VENTILATING
OR AIR CONDITIONING. THIS PERMIT BECOMES VOID IF WORK OR
CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 30 DAYS OR If
CONSTRUCTION OR~.RK IS SUSPENDED OR ABANDONED FOR A PERIOD
Of 30 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY
THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME
TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS ANO ORDINANCES
GOVERNING THIS TYPE Of WORK WILL BE COMPLIED WITH WHETHER
SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF TOTAL PERMIT FEE IS DOUBLED IF WORK IS
ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE
PERFORMANCE Of CONSTRUCTION. STARTED BEFORE PERMIT IS APPLIED FOR
' SECTION 23a OF THE STATE CONSTRUCTION CODE ACT OF 1972, ACT NO. 230 OF THE PUBLIC ACTS OF
1972, BEING SECTION 125.1523a OF THE MICHIGAN COMPLIED LAWS, PROHIBITS A PERSON FROM
CONSPIRING TO CIRCUMVENT THE LICENSING REQUIREMENTS OF THIS STATE RELATING TO PERSONS
WHO ARE ABLE TO PERFORM WORK ON A RESIDENTIAL BUILDING OR A RESIDENTIAL STRUCTURE.
VIOLATORS OF SECTION 23a ARE SUBJECT TO CIVIL ANES. NOTE TO HOMEOWNERS (WHEN NO OTHER
CONTRACTOR ASSISTANCE IS BEING USED), UNDER REASON FOR EXEMPTION STATE THAT YOU ARE THE
HOMEOWNER AND WILL BE DOING E WO K. '7-, /. :.t
SIGNATURE OF APPLICANT ~ 'V'v" /1/J(:C>t_,r4,,{/{,,(/4/.__, DATE X: / i i/ 6 j
WHITE - INSPECTOR YELLOW - APPLICANT PINK - ASSESSOR GOLD-AUDIT
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: July 5, 2001
Address of the Property: 246 Laketon (Garage Only) Muskegon, Michigan
Description of the Structure: E40 Ft. ofW340 Ft. Lot 5 Blk 305
TO: John and Virginia Markovitch, 246 E. Laketon, Muskegon, Ml 49442
[Name & Address of Owner]
Jan A. Koens, P.O. Box 177, Muskegon, MI 49443
[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. 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 fmih 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.
F:\Inspections\Grabinski_Lonaine\Word\STANDARD FORMS\Inspections Department Notice
and Order.doc
Page 1 of3
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 246 E. Laketon (Garage Only), 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 MUSKEGON INSPECTION DEPARTMENT
B8f~±K3 rt,~ ~,Wn.'
Robert B. Grabinski, Fire Marshal
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
246 Laketon (Garage only)
6/15101
Inspection noted:
l. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building).
2. Roof collapse on garage - structural dimage to rafters, decking.
3. Siding on garage rotting, needs replaced, painted.
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.
FALTINOWSKI, BUILDING INSPECTOR
F:llnspections\Grabinski_Lonaine\Word\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMSIDB INSPECTION REPORT FORM.doc
RECEIVED
JUL 2 3 2002
July 22,2002
City Clerks Office
We the residents of Hartford Terrace, 1080 Terrace, Muskegon,
Michigan: do respectfully request the Department of Urban Affairs, t~
conduct a federal investigation into the policies, procedures and practices
of the Muskegon Housing Commission and the Housing Office of Hart-
ford Terrace.
These entities are headed respectively by Mr. Ed Home, Chairman
of the Muskegon Housing Commission, and Ms. Yvonne Morrisey, Ass't
Directorand acting Director ofHartforq Terrace.
Some of the reasons are as follows:
I. Residents are allowed to address the commisssion board concerning
our questions and complaints, but they refuse to address these prob-
lems in the same meeting. We are told that they will get back to us,
·but they never contact the residents with their answers.
A. A deceased resident's family asked the board to investigate the
fight involving the resident, the then Resident Housing Commis-
sioner and another resident. We were lead to believe that they
would do this. When asked about it 3 months later, we were
told that they only discussed it, but didn't actually vote on it.
B Several residents came forword several different times to tell the
board that the resident janitor was illegally hooking up cable and
telephone service without official authorisation. They actually
saw him do this! Nothing was done and to this day he is still
doing it.
C. Residents are not allowed to appeal to the board for any de-
cisions made by Ms. Morrisey. We have no currant director,
so we have to go through a lengthy appeal process that
.includes schedualing a hearing and a lot of red tape.
D. We believe that since we have had the same Ass't. Director under
2 different directors and we continue to have problems with
the administration o'f this building, then maybe it's time to replace
that position also!
E. We believe that the commission should seriously consider the on-
sider the on-going problems with the security staff before renewing I
their contract. The problems residents are having with them are
listed later under the heading of complaints for Ms. Morrisey
item J., 1 through 6. ·,
F. This writer believes that there is a conspiracy going on to change Ii
the HUD rulesso that what made Tommie Dennie ineligable,
eligable. This is why Muskegon City Mgr. Brian Mazade, !-;
I
is reluctant to appoint a new commissioner. He and the i"
;_·
Housing Board want Tom to continue to represent the residents
when THE RESIDENTS DON'T WANT TOMMIE DENNIE! .I
Mr. Dennie chose to get in a fight with a resident of his own
volition. That is why he had to move out and honor the ONE
STRIKE rules that President Clinton made. The Housing
Commission and Brian Mazade should be made to follow the
rules ....just like everybody else. So move on Tom, let some-
one else step in where you failed, someone who the PEOPLE
want to represent them.
[ •.
2. Complaints against Ms.Morrisey;
A. Yvonne effectively fixed the Resident Council Election on 7/2/02. ,.1;·
'
She knew ahead of time that the now elected Vice-President wasn't '
'·
qualified to run for that office since she refused to accept his rent.
He later recieved and eviction notice from a process server less that
2 weeks later. She also allowed that same person bring residents in
one at a time and allowed him to show the person where to vote on
the ballot. When called on about it, she laughed and said not to
worry about it since all council offices were up for re-election in
September of 2002. Evidently Ms. Morrisey doesnn't want a real
fighting and even just threatening people, but these two people
get off scott free!
C. Residents are discouraged from filing complaints etc, by charging
them a 15 cents a page for all paperwork, no exceptions.
D. Residents are evicted by Yvonne for anything she wants and uses
false charges to do it. Example: Two residents are being evicted
for being friends with someone she doesn't like. [They are being
charged with having unreported tenants living with them. They
have hired a lawyer to address these false charges.] Yet another
resident actually did have a live-in and they weren't evicited.
E. One resident is in the eviction process for fighting and the other
resident involved in it isn't. That same resident was in a fight
with a visitor this past weekend.
F. One resident resident was caught on camera stealing,[the council
officer] and didn't even get wrote up! This same resident was in-
volved in a fight over a female and the other resident is in trouble
but he isn't.
G. Resident janitor is able to steal cable and phone services because
he talked Yvonne into telling the guards not to let the AT&T
people intothe building after business hours. He was seen this
week turning on someone's cable. This same janitor was
taking air conditioners out of the apartments that weren't paying
the excess utility charge as ordered. But, he turned around and
sold them to other residents and pocketed the money for him-
self. He didn't own them, they were the building's property!
J. Security guards are not doing their jobs!
1. Supervisor doesn't watch out for people on the BARRED
FROM THE PROPERTY LIST. His guards weren't
looking out for them either. The only guards that do are
Lester and John. Both of these guards pay attention to the
posted rules, Lester even does rounds.
2. Vem and Germaine spend too much time trying to stick
RESIDENT PETITION SIGNATURE LIST
NAME APARTMENT#
1.,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
2._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
3._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
5._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
6., _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
7. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
8._ _ _ _ _ _ _ _ _ _ _____:__c_ _ _ _ _ __
9.:--------------------
10._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
11._ _ _ _ _ _ _ _ _ _ _ _ _ _;,___ _ __
12._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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14._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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18._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-"--
19.,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
20._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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32 •._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
33._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
34._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
35·--------------~---
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