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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 10, 2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
a. 2001 Mrs. Muskegon County International
b. Michigan Municipal League Award
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Liquor License Request (1301 E. Apple). CITY CLERK
c. Liquor License Request (1163 E. Laketon}. CITY CLERK
d. Cemetery Building Renovation. LEISURE SERVICES
e. Purchase of Property from Pakren Associates for the Bike Path.
PLANNING & ECONOMIC DEVELOPMENT
f. Sale of Buildable Vacant Lot on Yuba Street. PLANNING &
ECONOMIC DEVELOPMENT
g. Sale of Non-buildable Lot on Marquette Ave. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of a Buildable Lot in Campbell Neighborhood. PLANNING &
ECONOMIC DEVELOPMENT
i. Revenue/Collections Administrator Position CITY TREASURER
j. Payment Authorization, Emergency Storm Sewer Repair
DEPARTMENT OF PUBLIC WORKS
• PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate, Bekaert
Corporation. PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Sister Cit5y representation - Kamasi Ghana. BOB KUHN
b. Designation of Voting Delegates for Michigan Municipal League
Annual Meeting on September 12-14, 2001. CITY CLERK
c. Large Meter Replacement. DEPARTMENT OF PUBLIC WORKS
d. Replace Waste Services on Marquette. ENGINEERING
e. Concurrence With the Housing Board of Appeals Notice and Order
to Demolish the Following:
1. 186 & 186 ½ Strong
2. 2130 W. Sherman
3. 247 W. Forest
4. 286 Irwin
f. Care Communities Fund Application. PLANNING & ECONOMIC
DEVELOPMENT
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: July 1 0, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, June 26, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 10,2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 10, 2001.
Mayor Fred J. Nielsen opened the meeting with a prayer after which members of
the City Commission and the members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioner Lawrence
Spataro, John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, and Clara
Shepherd; Assistant City Manager Lee Slaughter; City Attorney Tom Johnson; and City
Clerk Gail Kundinger.
Vice-Mayor Sieradzki announced that it was Mayor Nielsen's birthday and the City
Commission purchased a cake for him.
2001-78 HONORS AND AWARDS:
a. 2001 Mrs. Muskegon County International.
Resolution was presented to Victoria Evans by Vice-Mayor Scott Sieradzki.
b. Michigan Municipal League Award.
Resolution was presented to Melanie Smith by Commissioner Aslakson.
2001-79 CONSENT AGENDA: Items listed under the Consent Agenda have been con-
sidered to be routine in nature and will be enacted in one motion. No separate dis-
cussion will be held on these items. If discussion of an item is required, it will be re-
moved from the Consent Agenda and be considered separately.
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meet-
ing that was held on Tuesday, June 26, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
d. Cemetery Building Renovation. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to VanderVen Construction to reno-
vate the outside of the Cemetery office.
FINANCIAL IMPACT: $35,769. $70,000 was budgeted.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
e. Purchase of Property from Pakren Associates for the Bike Path.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Approval of resolution, purchase agreement and purchase
agreement addendum for property owned by Pakren Associates, which is required for
the continuation of the bike path along Laketon Avenue. The purchase price is
$11,000. The purchase agreement has already been signed by Pakren Associates.
FINANCIAL IMPACT: Purchase will allow the Laketon Ave. bike path project to con-
tinue. The price for the property is $11,000 and the purchase will be completed with
funds received from the sale of the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the
resolution, purchase agreement and purchase agreement addendum, and recom-
mends that the City Commission authorize staff to complete the purchase according
to the terms of the agreement.
f. Sale of Buildable Vacant Lot on Yuba Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot on Yuba
Street to Gracie Scott, of 937 Lighton, Muskegon, Ml. The lot is 77 x 132 feet, and is be-
ing offered to Ms. Scott for $3,000. She plans to use the land for the construction of a
1,448 sq. ft. single-family home with a two-stall attached garage. Ms. Scott is a partici-
pant in the City's In-Fill program. The price of the lot is set through the Jackson Hill
Marketing Plan at $3,000 and Ms. Scott submitted the only bid of $3,000.
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.
COMMITTEE RECOMMENDATION: The LRC approved the extension of the Jackson
Hill Marketing Plan late in 2000.
g. Sale of Non-Buildable Lot on Marquette Ave. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot on
Marquette Avenue to Linda Johnson of 1116 Marquette Avenue. Approval of this sale
will allow Ms. Johnson to expand her current yard. The subject parcel is being offered
to Ms. Johnson for $100. The parcel is located on a corner and there are no other ad-
jacent property owners. The other two lots previously owned by the City on that block
were sold to John Morrison last fall for additional yard space for his rental home.
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.
h. Sale of a Buildable Lot in Campbell Neighborhood. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A city-owned lot in Campbell neighborhood was adver-
tised for bid on June 17, 2001. The City did not receive other bids except from Mr.
Gary Smith in the amount of $10,025. The buyer understands the conditions and re-
quirements of the purchase agreement which includes construction of a single-family
residential home within 18 months, and existing trees shall not be cleared except to
accommodate the structure and driveway. Mr. Smith will build a 1500 sq. ft. house
with an attached 2-stall garage. Other policies will also apply.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval to sell the property to Mr.
Gary D. Smith for $10,025.
j. Payment Authorization. Emergency Storm Sewer Repair.
DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Authorize payment to Felco Contractors Incorporated for
emergency storm sewer repair on Bourdon Street in May, 2001.
FINANCIAL IMPACT: $11,289.86
BUDGET ACTION REQUIRED: None, will be charged to Public Works' Highway De-
partment budget.
STAFF RECOMMENDATION: Recommended approval.
Motion by Commissioner Schweifler, second by Vice-Mayor Sieradzki to approve
the Consent Agenda with the exception of item b, c, and i.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
MOTION ADOPTED
2001-80 ITEMS REMOVED FROM THE CONSENT AGENDA
b. Liquor License Request (1301 E. Apple}. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from Bunty, Inc. to add a new Specially Designated Distributor li-
cense, to be held in conjunction with the proposed New Specially Designated Mer-
chant license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: ALL Departments are recommending approval.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to recom-
mend approval of the addition of a new SOD license at 1301 E. Apple.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: Sieradzki
MOTION ADOPTED
c. Liquor License Request (1163 E. Laketon). CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommenda-
tion on a request from PNS#9, Inc. to transfer all stock in the 2001 Class C licensed
business by dropping Alfonso Loera, deceased, as stockholder through transfer of his
10,000 shares of stock to new stockholder, Anita Loera.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All Departments are recommending approval.
Motion by Vice-Mayor Sieradzki, second by Commissioner Aslakson to approve the
transfer.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
MOTION ADOPTED
i. Revenue/Collections Administrator Position. CITY TREASURER
SUMMARY OF REQUEST: To reclassify the current Deputy Treasurer position to Reve-
nue/Collections Administrator along with the salary pay range from range X to range
VIII of the non-represented employees' salary schedule.
FINANCIAL IMPACT: Staff expects that the costs of the position changes will be
more than offset by:
1) Reduction in accounts receivable days and improvement in the city's cash flow.
2) Reduction in bad debts that are written off.
3) Improved collections due to the knowledge of debtors ("slow-pays") that the
City is focusing more attention to this area.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to reclassify the position.
COMMITTEE RECOMMENDATION: The Civil Service Commission approved the job
description at their meeting on May 22, 2001.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the Revenue/Collections Administrator Position.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
MOTION ADOPTED
2001-80 PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate. Bekaert
Corporation. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Bekaert
Corporation, 2121 Latimer, Muskegon, Michigan, a plant that fabricates high tech
mechanical spring wire, has requested the issuance of an Industrial Facilities Exemp-
tion Certificate. Total capital investment for this project is $233,000 in real property and
$2,999,364 in personal property for a total of $3,232,364. The project will result in the
creation of three employment opportunities while retaining six jobs. Bekaert's current
workforce is 73.
FINANCIAL IMPACT: The City will capture certain additional property and income
taxes generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facili-
ties Exemption Certificate for a term of 12 years for real property and 6 years for per-
sonal property.
The Public Hearing opened at 6:04 p.m. to hear and consider any comments from
the public. Matthew Dugener explained the item. No public comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close
the Public Hearing at 6:09 p.m. and approve the issuance of an Industrial Facilities Ex-
emption certificate.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
MOTION ADOPTED
COMMUNICATIONS: None
CITY MANAGER'S REPORT: None
UNFINISHED BUSINESS: None
2001-82 NEW BUSINESS:
a. Sister City Representation - Kamasi Ghana. BOB KUHN
SUMMARY OF REQUEST: Director of Public Works, Robert Kuhn, is scheduled to be a
part of a mission trip to Kamasi Ghana in September 2001. He is requesting permission
to represent the City of Muskegon for the purpose of discussing the possibility of a fu-
ture Sister City relationship between Muskegon and Kamasi.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
Motion by Commissioner Spataro, second by Commissioner Shepherd to authorize
Bob Kuhn to represent the City of Muskegon and his trip to Kamasi Ghana and enter
into discussion with them on the possibility of a future Sister City relationship between
Muskegon and Kamasi.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
MOTION ADOPTED
b. Designation of voting delegates for Michigan Municipal League
Annual Meeting on September 12-14.2001. CITY CLERK
SUMMARY OF REQUEST: To designate voting delegates for the Michigan Municipal
League Annual Business Meeting, September 12-14, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
Motion by Commissioner Shepherd; second by Commissioner Spataro to designate
Mayor Nielsen and Vice-Mayor Sieradzki to represent the City Commission at the MML
Conference in September at Battle Creek.
Motion amended by Commissioner Benedict, second by Vice-Mayor Sieradzki to
designate Commissioner Shepherd as the alternate.
ROLL VOTE ON THE AMENDMENT:
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
AMENDMENT ADOPTED
ROLL VOTE ON THE ORIGINAL MOTION WITH THE AMENDMENT:
Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
MOTION WITH AMENDMENT ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Benedict to designate
Mayor Nielsen to carry the flag at the MML Conference.
ROLL VOTE: Ayes: Nielsen, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
Absent: Schweifler (stepped out of the room)
MOTION ADOPTED
c. Large Meter Replacement. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: To approve the proposal with Metron Fornier to replace 400
large meters 1½ inch through 8 inch at the cost of $946,798.
FINANCIAL IMPACT: $946,798 Water/Sewer Fund
BUDGET ACTION REQUIRED: Initial cost will be made with cash on hand from water
and sewer funds. A budget adjustment will be made during the second quarter
budget re forecast. The meter replacement program is expected to pay for itself with
recovered revenue in two to five years.
Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve
the large meter replacement.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
Motion Adopted
d. Replace Water Services on Marquette. ENGINEERING
SUMMARY OF REQUEST: To authorize Jackson Merkey, the contractor on the
County Force Main project, to replace the galvanized water services they encounter
while placing the force main with copper services. Jackson Merkey would bill the City
directly for the cost of replacement which is expected to be around $50,000. The bill-
ing would be in accordance with the unit prices submitted on their bid. By authorizing
this work, the City would avoid the possible need to dig-up those "new" streets in the
near future. Most of the galvanized services are expected to be in Marquette be-
tween Getty & US-31 BR.
FINANCIAL IMPACT: The cost of replacing about forty (40) galvanized water serv-
ices for an estimated cost of about $50,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize Jackson Merkey to replace the services.
Motion by Commissioner Spataro, second by Commissioner Aslakson to authorize
Jackson Merkey to replace the services.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
MOTION ADOPTED
e. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish for the following:
11 186 & 186 ½ Strong.
n_ 2130 W. Sherman. (Staff requested this item be withdrawn)
fil. 247 W. Forest.
~ 286 Irwin.
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the above mentioned structures are un-
safe, substandard, a public nuisance and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized and di-
rected to execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: All are CDBG
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
VOTED ON SEPERATELY
l) 186 & 186 ½ Strong
Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: Sieradzki
MOTION ADOPTED
2) 2130 W. Sherman (item withdrawn - no action taken)
3) 247 W. Forest
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: Sieradzki, Benedict
MOTION ADOPTED
4) 286 Irwin
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals decision to demolish.
Motion and second amended by Commissioner Spataro and Commissioner
Schweifler that within the next 30 days the owner is to put $5,000 in escrow and submit
a timeline satisfactory to staff; if this does not happen, we would concur with the Hous-
ing Board of Appeals decision to demolish.
ROLL VOTE ON MOTION WITH AMENDMENT:
Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
MOTION AND AMENDMENT ADOPTED
f. Core Communities Fund Application. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution approving an application for a
Core Communities Fund loan from the Michigan Economic Development Corporation
in the amount of $1,000,000 for the development of a public seawall and boardwalk
improvements on the former Teledyne property. And to approve the Certification and
Repayment Agreement that outlines the repayment terms of the loan.
FINANCIAL IMPACT: The Core Communities Initiative loan must be repaid from in-
crements captured by the Muskegon SmartZone LDFA amortized over a period of 15
years and at 3.5 percent interest. Annual payments to the MEDC will be approxi-
mately $86,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and Certification and Re-
payment Agreement.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to approve
the resolution for the application for the Core Communities fund loan.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
MOTION ADOPTED
2001-83 ANY OTHER BUSINESS:
Commissioner Shepherd stated she received a call from Allen Avenue Church.
They would like to meet with their Community Officer on Wednesday night at 7:00 p.m.
reference a vandalism complaint. Assistant City Manager responded.
Commissioner Benedict stated she was not notified of the July 9, 2001, Special
Meeting.
Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to terminate
the City Manager effectively immediately or consider his resignation.
At 8:00 p.m., the Mayor called for a recess.
The Commission reconvened at 8:26 p.m.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to table this
item until the next meeting.
ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
Nays: Shepherd, Sieradzki, Benedict, Nielsen
MOTION FAILS
Original motion and second amended by Commissioner Benedict and Vice-Mayor
Sieradzki to terminate the City Manager in two weeks at the next Commission Meeting
or consider his resignation.
Motion by Commissioner Benedict, second by Vice-Mayor Sieradzki to call the
question.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Benedict, Nielsen
Nays: Spataro, Aslakson, Schweifler
MOTION FAILS
Motion by Commissioner Schweifler, second by Commissioner Spataro to request
the Mayor to enforce the rules.
At 9:04 p.m. the Mayor called for a recess.
The Commission reconvened at 9: 17 p.m.
ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler
Nays: Sieradzki, Benedict, Nielsen, Shepherd
MOTION FAILS
Motion by Commissioner Schweifler, second by Commissioner Spataro to suspend
the rules of the Commission.
ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki
Nays: Spataro; Aslakson, Schweifler
MOTION FAILS
Motion by Commissioner Benedict, second by Commissioner Shepherd to set a
Special Meeting for tomorrow at 5:30 p.m. to discuss the City Manager's termination.
ROLL VOTE: Ayes: Benedict, Nielsen, Shepherd, Sieradzki
Nays: Aslakson, Schweifler, Spataro
MOTION ADOPTED
Motion by Commissioner Schweifler, second by Commissioner Aslakson to amend
the previous motion to meet on the weekend or next week.
ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
Nays: Benedict, Nielsen, Shepherd, Sieradzki
MOTION FAILS
Motion by Commissioner Spataro, second by Commissioner Schweifler to conduct
tomorrow's Special Meeting as a Public Hearing.
ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson
Nays: Nielsen, Shepherd, Sieradzki, Benedict
MOTION FAILS
PUBLIC PARTICIPATION: Various comments were heard from the public.
2001-84 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Benedict, second by Commissioner Aslakson to go into
Closed Session at 9:45 p.m.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
MOTION ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Benedict to return
from Closed Session at 9:47 p.m.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
MOTION ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with the City Attorney's recommendation for 696 W. Southern.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
MOTION ADOPTED
ADJOURNMENT: The regular Commission Meeting for the City of Muskegon was ad-
journed at 9:48 p.m.
Respectfully submitted,
~o~~
Gail A. Kundinger, CMC/AAE
City Clerk
Date: June 28, 2001
To: Honorable Ma,y~and.City Commissioners
from: Ric Scott 1/;lz,~
RE: Cemetery Building Renovation
SUMMARY OF REQUEST:
To award a contract to VanderVen Construction to
renovate the outside of the Cemetery office
FINANCIAL IMPACT:
$35,769, $70,000 was budgeted
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Afnr mallve Acll• n
231 /724-6703
FAX/722-1214
Assessor
2311724-6708
FAX1726-5 181
Cemetery
23 l 1724-6783
FAX/726-56 17
Civil SerYice
23 l/724-6716
FAX/724-4405 West Michigan's Shoreline City
C lerk
23 I /724-6705
FAX1724-4178
Date: June 28, 2001
Comm . & Neigh.
Services To: Honorable Ma~ov nd City Commissioners
23 l 1724-6717
FAX/726-2501 From: Ric Scott ¥flZpfl'
Engineering
23 i /724-670 7 Re: Cemetery Office Renovation
FAX/727-6904
The Cemetery office building in Restlawn Cemetery is in
Fln11ncc
231/724-6713
need of major renovation. $70,000 was budgeted in this
FAX/724-6768 year's budget for the renovation of the exterior of the
Ffrc Dept. building.
231/724-6792
FAX/724-6985 On Tuesday, June 19 th , two bids were received for the
I ncome 'J'nx
renovation project as follows :
23 l/724-6770
FAX/724-6768 VanderVen Construction $35,769
Info. Systems Quality Builders $57,860
2311724-6744
FAX1722-4301 The Architect for the project, Tim Bosma, has talked to
Leisure Service VanderVen Construction to make sure that they didn' t
23 l/724-6704 forget something or make some mistake, as his estimate
FAX/724-l l 96
was about $70,000. He is convinced that VanderVen did
Manager's Office
2311724-6724
include everything in his bid and can do the project for
FAX1722-1214 the bid price.
Mayor's Office Consequently, I am recommending that you award the
231/724-6701
FAX/722-12 14
contract for the renovation to the exterior of the
Cemetery office building to VanderVen construction for
Inspccllon Services
231/724-6715 $35,769.
FAX/726-2501
Thank you for your consideration.
Pla nning/ Zoning
231/724-670 2
FAX1724-6790
Police Dept.
23 l/724-6750
FAX/722-5 140
P u blic Works
231/724-4 10 0
FAX/722-4 l 88
Treasurer
231/724-6720
FAX/724-6768
Wntcr Illillng Dept.
23 11724-6718
F AX/724-6768
Wnter Flltrotlon
23 l /724-4 106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Commission Meeting Date: July 1 0, 2001
Date: June 26, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ>u
RE: Purchase of Property from Pakren Associates for the Bike
Path
SUMMARY OF REQUEST:
Approval of resolution, purchase agreement and purchase agreement addendum for
property owned by Pakren Associates, which is required for the continuation of the bike
path along Laketon Ave. (see enclosed map). The purchase price is $11,000. The
purchase agreement has already been signed by Pakren Associates.
FINANCIAL IMPACT:
Purchase will allow the Laketon Ave. bike path project to continue. The price for the
property is $11,000.00 and the purchase will be completed with funds received from the
sale of the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the Mayor and Clerk sign the resolution, purchase agreement
and purchase agreement addendum, and recommends that the City Commission
authorize staff to complete the purchase according to the terms of the agreement.
COMMITTEE RECOMMENDATION:
None
6/26/2001
Map Of Survey For - City of Muskegon, Department of Leisure Services
September 25, 2000 No. 006063.1
Description of Property Surveyed
EAST PARCEL "Pakren"
The South 16.00 Feet of Lot 6, Block 465 of the Revised Plat of 1903 of the
City of Muskegon, Muskegon County, Michigan
WEST PARCEL "Hacldey Hospital"
The South 16.00 Feet of Lot 5, Block 465 of the Revised Plat of 1903 of the
City of Muskegon, Mush:egon County, Michigan
LOT 5 LOT (i
I
M=/33.41' M=/33.41'
- M=/6.00' -M=/6.00
' .
M=/6.00'-
, - , ,
-
P-134.00, M-133.45 -
1P-/34.00, M=/33.45 "
Laketon Ave.
11 1
Scale / .:: 40
LEGEND
This survey was made from the above legal
description which was given to us as a complete 8 -Survey Iron fexfrtlng/
MOO/~E & BRUGGINK
description of the · proparty. Both map and 0 -Survey Iron !placed) Consu!tlng Engln&ars & Land Survayors
< description should be compared with the Title Muskegon, Michigan
M-Measured Dlmerislon
•w"z
Insurance Polley for any exception, easements or
a P-Pfatted Dimension
differences in description. Setback dirmmslons as
shown between structures and lot lines should not R-l?ecorded Dimension
w be used to reestablish property lines. x-x-x Fence Line
>
Page 11
PROPERTY SKETCH
134
r- - - - - - -- - - --- - -------
1
I
I PAVED PARKING
I
PAVED ONE STORY
PARKING MEDICAL
OFFICE
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' II
PAVED PARKING ✓
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/
CITY OF MUSKEGON
RESOLUTION #2001- 79 ( e )
RESOLUTION APPROVING THE PURCHASE OF PROPERTY FOR THE BIKE PATH
WHEREAS, the City of Muskegon is in the process of purchasing properties for the continuation
of the Laketon Ave. bike path project, and the property owned by Pakren Associates has been
identified as necessary for the project;
WHEREAS , the purchase of this property from Paki:en Associates would allow the bike path
project to proceed;
WHEREAS, Palaen Associates have signed a purchase agreement and purchase agreement
addendum forthe property at the price of $11 ,000.00 for the 16-foot strip;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $11,000.00.
Resolution adopted this 10th day of July, 2001.
Ayes: As lak s on, Benedi ct , Niel sen, Schwe if ler, Shep herd, Si eradzki ,
and Spat aro
Nays: None
Absent: None
Gail A. Kundinger, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on July
10, 2001 . 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
Gail A. Kundinger, City Clerk
REAL ESTATE PURCHASE AGREEMENT
2001-79(e)
THIS AGREEMENT is made July 10 , 2001, by and between PAKREN
ASSOCIATES, a Michigan co-partnership, of 1781 Peck Street, Muskegon, Michigan 49441
("Seller"), and the CITY OF MUSKEGON, a municipal corporation, with offices at
933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
I. General Agreement and 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 commonly known as a 16 foot wide parcel ofland along the Northerly side of
Laketon Avenue, located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
The South 16.00 feet of Lot 6, Block 465 of the Revised Plat (of
1903) of the City of Muskegon, County of Muskegon, State of
Michigan.
Subject to 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 Manner of Payment. The purchase price for the Premises
shall be Eleven Thousand Dollars ($11,000), payable, in cash, to Seller at Closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which 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 commitment are, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title to remedy such objections. If
Seller resolves such restrictions and remedies to the title (by obtaining satisfactory title insurance
or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) 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 owners' title policy shall
be paid by Seller.
G:\COMMON\5\GTJ\C-RLESTISHOPHTH.PA - 1-
·'
5. Personal Property and Fixtures. There are no fixtures or personal property, the
land being vacant.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's lmowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.
8. Condition of Premises and Examination by Buyer. BUYER UNDERSTANDS
AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS
COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS
PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF SELLER THAT
NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT BUYER HAS PERSONALLY INSPECTED THE PREMISES AND
IS SATISFIED WITH THE CONDITION OF THE LAND AND THAT THE PROPERTY IS
BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND
NOT DUE TO ANY REPRESENTATIONS EXCEPT THOSE ABOVE MADE BY OR ON
BEHALF OF SELLER.
G:\COMMON\5\GTJ\C-RLEST\SHOPHTH.PA -2-
9. Real Estate Commission. Buyer and Seller both aclmowledge 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.
I 0. Closing. The closing date of this sale shall be on or before _ _ _ _ _ __
200_ ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the deed to be delivered at Closing.
15, General Provisions.
a. Paragraph 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.
G:\COMMON\5\GTJ\C-RLESnSHOPHTH.PA -3-
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 and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: PAKREN ASSOCIATES
T.ID No .. _ _ _ _ _ _ _ _ _ _ _ __
BUYER: CITY OF MUSKEGON
,t.;,Jcla /'otfN'
By ~ ·Gi;· 4 . .'G '"-'
u
Fred J. Nielsen~yor
~k rn. t<4-J~,sG· By· -
1' 0 A--v)I'\ l'}1 , K(' v /Lew <;, )L j Gail A. Kundinger, Clerk
Drafted by: All Closing Costs and Title Insurance Cost
G. Thomas Johnson will be paid by buyer at closing, net to
PARMENTER O'TOOLE
sellers will be $11,000.00.
175 W. Apple Avenue
P.O. Box 786
Muskegon, Michigan 49443--0786
Telephone: 231/722--1621
G:\COMMON\5\GTJ\C-RLESnSHOPHTH.PA .. 4 ..
ADDENDUM TO PURCHASE AGREEMENT
2001-79(e).
FOR VALUABLE CONSIDERATION, this addendum is made a
part of the agreement for sale of real estate located at 1781
Peck Street, in Muskegon, by and between Pakren Associates, a
Michigan co-partnership, Seller, and the City of Muskegon,
Buyer, to be simultaneously executed with a proposed purchased
purchase agreement.
1. Plan Review Clause. The Buyer agrees to allow
Seller to review and comment on final plans for location of
its proposed bike path and alterations to be made to existing
landscaping prior to commencing construction or alteration of
the site.
2. Restoration Clause. Buyer agrees to restore
Seller's parking lot surface and landscaping if damaged during
construction of the proposed bike path.
3. Zoning and Site Plan Clause. Buyer agrees that
the diminution of lot size, parking space, building area to
land area ratio, set backs, and other dimensional requirements
of the city codes by reason of this transaction does not
disqualify the remaining parcel retained by Seller from its
current use, or any other use permitted by the. zoning district
in which the parcel is located.
THE FOREGOING three clauses shall be understood to
be an integral part of the purchase agreement for the sale of
real estate.
DATED: June~~, 2001
WITNESSED BY: SELLER: PAKREN ASSOCIATES
By:
Its Partner J
BUYER: CITY OF MUSKEGON
;,,,Jq /c;ri'-e,.
1f ~ M. l w s'{_ ·,
G:\COMMON\5\GTJ\C-RLEST\GRACIE SCOTT.QCD.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this / 3th day of J c,.1 /;t,:
2001, FRED J.,
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on
behalf of the City.
PREPARED BY: G . Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole L / .ndc-t ! . / 0 "I--/- r r
175 W. Apple Avenue Notary Public, Muskegon County, Michigan
Muskegon, MI 49443-0786 My commission expires: _ _,J---'
~al
.._,S"--
"" -_,O
:::........:?:-..
-=...._ _ _ __ _ _
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:\COMMON\5\GTJ\C-RLESnGRACIE SCOTT.QCD.DOC
COVENANT DEED
KNOW ALL MEN BY THESE PRESENTS: That MUSKEGON COUNTY HABITAT FOR HUMANITY, INC., a Michigan non-
profit corporation, of 1330 Fifth Street, Muskegon, Michigan 49441,
CONVEYS to the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Mnskegon, MI 49443, the following
described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot 3, except the North 44.17 feet thereof, and the
North 55.24 feet of Lot 4 of Block 148 of the Revised Plat of 1903;
for the sum of less than One Hundred ($100) Dollars.
Grantor hereby covenants that no liens or encumbrances were placed on the property during the period of its ownership thereof.
Grantor hereby covenants that it will warrant and guarantee against any liens or encumbrances occuning during said period.
This deed is exempt from real estate transfer tax pursnant to the provisions ofMCLA 207.505(a) and MCLA 207.526 Sec. 6(a) of the
Public Acts of 1968.
Dated this 25th day ofJune, 2001.
MU~lI
______
[--- I"
>
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1 cl o.. --S'- /4-;-;1-rr
175 W. Apple Ave., Muskegon, Ml 49443-0786 Notary Public, Muskegon County, Michigan
Telephone: 231/722-162 l My commission expires: __,J_----'~"'---'-s--
e.__
- ---=o'--------"~-"----- -- - - --
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
G:\COMMON\5\GTJ\C-RLEST\C-SM 1TH.G.D.QCD.DOC
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: June 20, 2001
SUBJECT: Payment Authorization, Emergency Storm Sewer Repair
SUMMARY OF REQUEST:
Authorize payment to Felco Contractors Incorporated for emergency storm sewer repair on
Bourdon Street in May, 200 I.
FINANCIAL IMPACT:
$11,289.86
BUDGET ACTION REQUIRED:
None; will be charged to Public Works' Highway Department budget.
STAFF RECOMMENDATION:
Recommend approval.
COMMITTEE RECOMMENDATION:
A ffi rm:1tiv<.' Aclio11
23 I/724-67113
F,\X/722- 12 14
Assesso r
23 I 1724-6708
FAX/726-51 8 1
( 'cmc lc ry
23 I /724-6783
FA.\1726-56 17
C ivil Sl·rvin :
23 I /724-67 16
F,\ X/72 4--11155 West Michigan's Sllorellne City
Cie ri,
2.l 1/724-670 5
FAX1724-4 178
C omm. & i\'d gh.
Scr\'il:cs
23 1/724-67 17
FA .\/726-250 I
Eng inee ring
23 1/724-6 7117 To: Honorable Mayor and City Commissione
f ,\ X/72 7-6911-1
Fina nce
23 11724-67 13
From:
FAX/72 4-6768
Fin! Ocpt.
Re: Payment Authorization
23 I /724-<,792 Bourdon Street Storm Sewer Repair
FA.\1724-6985
l m:omcT:n
23 1/724-6770
Date: June 20, 2001
FAX/724-6768
I nfo. Systems
231 /724-6744 Emergency storm sewer repairs in the 2100 block of Bourdon were required when the
FA.\1722-4311 I
storm sewer collapsed, washing the side of the hill into the west arm of Ruddiman Creek.
Lcisu rr Scr" icc
23 I /724-6704
City Engineer Mohammed Al-Shatel, with Public Works Director Robert Kuhn' s approval,
F ,\X/72 4-1 I% recommended the selection ofFelco, which was working on another city proj ect at the time
i\ la11a gcr 1s Office
and readily available for this emergency project. The work was performed May 15-18,
23 1/72 4-(,724 2001.
FA.\1722- 12 14
,\ layur's Office The attached itemized invoice for $11,289.86 has been reviewed by and appears reasonable
23 1/724-(,711 1
FA .\ /722- 12 14 to Engineer Mohammed Al-Shatel and Highway Supervisor Doug Sayles. As the invoice
Nc i~ h. ""~ Co11s l.
exceeds $8,000 city commission authorization is required and authorization is respectfully
Scr \'ict•s requested.
23 I /724-67 1S
FA.\/726-2511 1
Att.
1•1:t n ning/Zo11i11g
23 l /7H-6702
FAX/724-6790
/pmb
Poli t:c Dl.' pl.
23 11724-67511 (1/CommLlrBourdonSt. .. )
F,-\,\/722-5 140
Puh lic \ Vo rl,s
23 1/724-4 1uo
FAX/722-4188
T reasure r
23 1/724-6720
FA:\/724-6768
\ Va f l 'I' Billi ng D e pt.
23 I /724-67 18
F.- \.\/724-67(,8
\\'at<.'r Fillra lion
23 I /7H-4 I 06
FA.\1755-5290
De pa rtm e nt of P ublic Wor ks, 1350 E. Kea ting, Muskegon, Ml 49442
874 Pulaski Ave.
DATE INVOICE#
Muskegon,MI 49441
Ph.: (616) 759-0924
5/25/2001 735
Fax: (616) 755-0956
I BILL TO: SHIP TO
City ofMuskegon
ATT: Mohammed S.Al-Shatel, P.E.
933 Terrace St.
P.O. Box 536
Muskegon, Mi. 49443-0536
P.O. NUMBER TERMS PROJECT
,-.T_L ':?fl •- --1 . . . . . Sewer ...
I
QUANTITY I DESCRIPTION RATE AMOUNT
l Transport oversize PC400LC-5 excavator to and from 1,235.00 1,235.00
jobsite
2 Dismantle trench box at east pit, load onto lowboy, 90.00 180 00
W.O.# 19078
5 Transport trench box and D39E dozer to jobsite, 75.00 375.00
W.0.#19089
8.5 Working foreman, W.O. #19078 55.00 467.50
5 Dig to customer specs. w/ 400 excavator, build ramp 175.00 875.00
down hill toward sewer area, clean up and stack brush
W.0.#19078
24 Clay, yards, delivered to jobsite, for ramp, W.O.#19078 5.00 120.00
12 Sand, yards, delivered to jobsite, for curb 5.00 60.00
r
protection, W. 0. # 19078
12 Sand, yards, delivered to jobsite, for ramp, W.O.#19088 5.00 60.00
6 Hand Labor, W.O.#19090 40.00 240.00
24 Sand, yards, delivered to jobsite, for backfill, 5.00 120.00
W.0.#19090
7 Hand Labor, W.O.#19084 40.00 280.00
10 Dig to customer specs. w/ 400 excavator, sewer repair, I 75.00 1,750.00
W.0.#19105
10.5 Working foreman, W.O. #19087 55.00 577.50
39 L.F. , 18" PVC SDR35 pipe 24.70 963.30
2 18 X 18 PVC fernco flex coupler 146.00 292.00
I Place and move cover material with PC 400, W. 0.19054 l 75.00 175.00
I 8 Move material with 962 loader, W.O.#19054 90.00 720.00
i
!
··--TnanKyou for your ousiness.
Total
Page 1
lFreilro ,:C\G1ra:tr21(e·1 01r3 9 tLrute~
1
874 Pulaski Ave.
~Auskegon,MI 49441 DATE I INVOICE#
Ph.: (616) 759-0924
Fax: (616) 755-0956 5/25/200 l 735
I BILL TO: SHIP TO
City of Muskegon CITY ()C" "'" ,01\l
ATT: Mohammed S.Al-Shatel, P.E.
93 3 Terrace St. MAY 2 '.j 2001
P.O. Box 536
Muskegon, Mi. 49443-0536
P.O. NUMBER TERMS PROJECT
N.et 1/) 01.u:d.O'l ''"Ver ..
QUANTITY
'I DESCRIPTION RATE AMOUNT
i
I
-:
!Push material with D-39 dozer, W.O.#19054 80.00 240.00
3
Place and move cover material w/ 400 excavator, 175.00 175.00
I
W.O.#19054
Sand, yards, delivered tojobsite W.O.#19054 5.00 120.00
24
Tons rip rap, delivered to jobsite W.O.#19054 42.00 180.60
4.3
Sand, yards, delivered to jobsite W.O.#17424 5.00 50.00
10
Clay, yards, delivered to jobsite, W.O #17424 5.00 l 50.00
30
Topsoil, yards, delivered to jobsite, W.O.#17424 12.00 360.00
30
Tons aggregate base course MOOT 22A, delivered to 18.00 52l.46
28.97
jobsite, W.O#17424
Hand Labor, W.O.#17424 40.00 40.00
l
Hand Labor, W.O.#17424 40.00 80.00
2
Dig to customer specs. w/ 400 excavator, clean up work, 175.00 ·' 612.50
3.5
W.O.#19104
ry Push material with D-39 dozer, clean up work, 80.00 160.00
~
W.O.#19104
Working foreman, W.O. #19104 55.00 ll0.00
2
6.00% 000
State Sales Tax
-1hank you tor your ousmess.
Total $] l,289.86
Page2
Date: July 10, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
1301 E. Apple, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Bunty, Inc. to add a new
Specially Designated Distributor license, to be held in conjunction with
the proposed New Specially Designated Merchant license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
,\ffirnlii li\'c Act io n
231/72H,70J
FA.\/722- 12 1-1
. \.-:Sl'SS U r
2J I /72 -1-(, 708
l'A.\/726-, 181
ll' llll' lcry
2.l 11724-(,783
F,\.\/72<,-SGI 7
Civil SL' r\'iCl'
23 l/72H,7 I G
F.-\.\/72 -1-HO,
West Michigan's Shm-ellne City
Cieri<
23 1/72-1-670,
F.\.\/724-4 178
Comm. L'\: :\1t•igh. June 20, 2001
S t·1Til'l'~
lJ l /72 4-(,7 17
F. \.\ /72 (,-2511 1
E 11g i1n·l•ri 11~ To: The City Commission through the City Manager
2J 1/724-(,707
/ ~~ .. _I{_~
F. \ \/72 7-6911-1
From: /-J..,. - L. -
Fi11 :111n•
231/714-6713
Anth&ny L. Kleibecker, Chief of Police
F.-\\/72H ,768
Fin· Dl'IH.
Re: Change in Liquor License at 130 1 E. Apple Ave., Bunty, Inc.
2J 1172-1-(,792
F.-\\ /72 4-6985
f :1.\
(11 CO lll l'
2J 1/724-/, 770
The Muskegon Police Department has received a request from the Michigan Liquor
F,\\/724-(,768 Control Commission for an investigation of the application from Bunty, Inc. They are
I 11fu. Sysll'm.s requesting to add a New Specially Designated Distributor License, to be held in
2J 1/724 -67-14 conjunction with proposed N ew Specially Designated Merchant License (Authorized 3-1 -
F.-\:\/722-HU I
01 and Approved 4-25-01).
Lt•is u IT Scr\'ict·
23 1/72-1-(,7114
FA\1724- 11 % The applicant, Jaswinder Singh, had become the current licensee as of 3-13-01. He has
,\ l ana~t·r's Offil"l' since conducted business with no violations of LCC rules or state/city laws. This office
23 11724-(,724 fi nds no reason to deny this request.
F. \X/722- 12 14
~l :iyur\ Orrin•
23 1/724-(,711 1
Since there are no new applicants for this license there are no Criminal History checks
F ..\\/722- 1214 being made.
~l'iJ.!h. & ( ·un sl.
Scrvicl'.S
23 1/724-<,7 15
F..\\172(,-2:ilJ I TK/cmw
l'l:111ni11g/Zonini;.
231/724-G 702
Fr\.\/72-1-6790
Puli1.:c lkpt.
231/724-67:iU
F.-\.\/722 -5 1-111
l'ublk \ \'url,s
2J I/72 4-4 1110
FA.\/722-4188
T1·cas11 n~r
2J 11724-67211
FAX/724-(,768
\\' akr llilling Dc111.
23 1/724-(,7 18
Fr\X/72 -1-6768
\V;1IL•r ril tr:1 tio 11
23 1/72-1-4 I OG
F.-\.\ /755-,290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 5-10-01
Re: Change in Liquor License at 1301 E. Apple Ave., Bunty, Inc.
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of the application from Bunty, Inc. to add a
New Specially Designated Distributor License, to be held in conjunction with proposed
New Specially Designated Merchant License (Authorized 3-1-01 and Approved 4-25-01 ).
The applicant, Jaswinder Singh, had become the current licensee as of3-13-0I. He has
since conducted business with no violations of LCC rules or state/city laws. This office
finds no reason to deny this request.
Since there are no new applicants for this license there is no Criminal History checks
being made.
Respectfully submitted,
Det. Kurt Dykman
data/common/Jsingh2
LIQUOR LICENSE REVIEW FORM MAY i O200Y
Business Name: _B""'"u-'-
nt__..Y_,_,_I:;..;.;n.. .;;..c.;;._._ _ _ _ _ _ _ _ _ _ _ _ _ __
AKA Business Name (if applicable): · Dasmesh Mart (Sunny Mart l
Operator/Manager's Name: ---"J=as"""w'-'-i.:..:.:nd=e:..:....r_;:S<...:.i-'-'-'nq:i.:..h'------------
Business Ad.dress: · ·1301 E. Apple Avenue
Reason foir Review:
NewLke.nse @ Transfer of Ownership D .Dan~e Permit D
DH"op/Addl Name on License •· D
Transfer Location
Drop/Add Stoclldnolder Name D New JEnteir1tainme1mt Pen-mit D
Other --'-R=e=gu=e-=-st.;:_;i. .;.;.n. ;,. .q_.;;a'--n=e=w_S.;..;:D=D_l.;...;i...;;..ce=n=s--=-e_ _ _ _ _ _ _ _ _ _ _ __
DeadRine for receipt of aU information: _ _ _ _ _ _ _ _ __
Police Department Approved. [~] D enied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasun-eir Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
RE etfVcfct,n Compliance 0 Remaining Defects
MAY 11 2001
MUSKEGON POLICE DEPT.
CHIEF of POLICE
., (/1t~:·1
\(:, Depa.rtment Signature____/l.
--'-,,,
Q-t-===--L__ V"'--Jfl_,
. _I ..... _ -1/_·_ ~___;;;..________
' ti!\ (.J G .2...<- ul
•i /
1
MAY \ l 2~JI
,-J\L~. - . Gail A. Kundinger, City Clerk
Liquor License Coordinator
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
Muskegon Police Department May 2, 2001
Chief of Police
980 Jefferson Street
P.O. Box 536
Muskegon, Michigan 49443-0536 Request I.D.#126201
Chief of Law Enforcement Office
Applicant: BUNTY, INC. requesting a New Specially Designated Distributor license, to be located
at 1301 E. Apple, Muskegon Michigan, 49442, Muskegon County, to be held in conjunction with
proposed new Specially Designated Merchant license (Authorized 3-01-01 and Approved 4-25-01 ).
Stockholder:
Jaswinder Singh
549 Marlane Street
Muskegon, Michigan 49442
Business Phone: (231)777-3696
Home Phone: (231)777-1250
Please make an investigation of the application. If you do not believe that the applicants are qualified for
licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request,
LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not
enough room on the front of the form, you may use the back.
For.~ard your report and recommendations of the app!icant to the Licensing Division.
[ X] NO FINGERPRINTS NECESSARY
[ ] Please include fingerprint cards and $15.00 for each card,
and mail to the Michigan Liquor Control commission.
If you have any questions, contact the Licensing Division at
(517) 322-1400.
jd
MICHIGAN DEPARTMENT OF ¢.OMMERCE
LIQUOR CONTROL COMMi°SSION
RESOLUTION
2001-80(.~)
At a Reg ul ar _____ meeting of the _ _ ____:. C__
i _,ty~C--o--m--m--i--=s--=s--i. ; .o--n________
(Regular. °' Special) {TOWNllip IINld. City ol Village Counclll
called to order by __M_a___y._o_r_.;. N;..;.i. ;;;.e_l.;;..se.;. n;.;. __ _ on _ _J___u__l..._y_10_.1___,; ;. 2....00'--1___ at 5 : 30 P.M.
the following resolution was offered:
Moved by Commissioner·Aslakson and Supported by Commissioner Schweifler
That the re~uest from BUNTY, INC. requesting a New Specially Designated Distributor
license, to be located at 1301 E. Apple, Muskegon, Michigan 49442, Muskegon County, to
be held in conjunction with proposed new Specially Designated Merchant license (Authorized
3-1-01 and Approved 4-25-01).
be considered for A roval
Approval Disapproval
Yeas: 6 Yeas:
Nays: 'I Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be _ _Be_
<;.O.!!l~!ld.,._ed,.____ (Recomm•ncled o,
_ _ _ _ _ _ _ _ _ _ _ for issuance.
noc Aecom--)
State of Michigan )
County of Muskegon) SS
I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the
__C_i_t.;;..y__;_C--om_m_,--·s--s--i--=o__n__________ at a -----R~e:::..:91.::u~l~a:.:...r__________
(Re,illlat or Spec1a11
meeting held on the 10th of July, 2001.
(Daiei
(Signed)
(lldLICANT INFORMATIC>N
APPLICANT #1 : APPLICANT #2:
JASWINDER SINGH
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
549 Marlane Str~et
Muskegon, Micl,igan 49442
~ P. (2 1)7 -- 96 H P. (231 777-1250
,l
DATE OF BIRTH: 2. 7..- £'/ DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
Yes • No •
o Does the applicant have a Visa? Enter status:
D Yes D No
o Does the applicant have a Visa? Enter status:
D_ate fingerprinted: Al If Date fingerprinted:
• Attach the fingerprit1J caret and_$1.5.00 tor ~ach card and.mail to-the·Uquor Control Commi_
ssion.
\ ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
Section 2. Investigation ofBusiness·and Address to be Licen~ed
Can living quarters be reached from the inside of the establishment without going outside? D Yes ~ No
Does applicant intend to have dancing or entertainment?
~li{]
No D Yes, complet~_LC-693N, Police Investigation Report: Dance/Entertairiment Perrriit
Are gas pumps on the premises or directly adjacent? ~ No I D Yes, explain relationshipj
·• Local'and ,Sta_
te<<;odes and Ordinances; and Qeneral Recommendations ·
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if this license is granted? ~ Yes No D
If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report If more space is needed)
I Section4. · Rec;ommendation "..
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? Ii(] Yes No D
2. Is the. proposed location satisfactory for this business? ~ Yes No D
3. Should this request be granted by th e Commission? 12] Yes No D
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space Is needed)
oj
c:.. ,.:2 0 -c ,;
Sign~{ure (Sherill or Chief of Po lice) Date
LC· 1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
Muskegon City Council May 2, 2001
c/o Gail Kundinger, Clerk
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443-0536 Request I.D.#126201
The Liquor Control Commission has received an application from: BUNTY, INC. requesting a New
Specially Designated Distributor license, to be located at 1301 E. Apple, Muskegon Michigan,
49442, Muskegon County, to be held in conjunction with proposed new Specially Designated
Merchant license (Authorized 3-01-01 and Approved 4-25-01 ).
Stockholder:
Jaswinder Singh
549 Marlane Street
Muskegon, Michigan 49442
Business Phone: (231)777-3696
Home Phone: (231)777-1250
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law enforcement
agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise
licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of
this letter if the applicant location will not be in compliance with all appropriate state and local building,
plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable
in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
jd
MAY f O2001
LIQUOR LICENSE REVIEW FORM
Business Name: __:B=u=nt=y'-'-'---=-:.In=c--=-._ _ _ _ _ _ _ _ _ _ _ _ _ _ __
AKA Business Name (if applicable): · Dasmesh Mart (Sunny Mart)
Operator/Manager's Name: ---=J=a=sw.:.....:i..:..:.n=de::..:..r--=-
S,;_;.n=q'
;· -'-h_ __ _ _ _ _ _ __
Business Address: ·1301 E. Apple Avenue
Reason for Review:
New License @ 'fira1msfer of Ownership D .Dan~e Permit D
Drop/Adld Name on License • D
Transfer Location
Drop/Add Stoddnoldeir Name 0 New Enteirtainment Peirmit D
Other _.....:.R-=e=q=ue=s...::.t..:.:.in.:. ;:iq.....:::..a. :.:n.: . ew:.:. . . : : S-=-DD=--:.1. .:. c=e=n-=-se=---------------
i
Deadline fo.r .receipt of all1 information: _ _ _ __ __ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount: _ _ _ __
Treasuirer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Complian.ce D Remaining Defects
Services
Department Signature_ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM NAY 1 O2001
Business Name: ___;;Bc...::;u=n..:...ty'--'-'--=...:.In.:...::c....:...._ _ _ _ _ _ _ _ _ _ _ _ _ _ __
AKA Business Name (if applicable): Dasmesh Mart (Sunny Mart)
Operator/Manager's Name: --"J-=as=w'"""i-'-'-nd=e'-'-r_S;;;..;i"'"'n=ghc..:....__ _ _ _ __ _ __
Business Address: ·1301 E. Apple Avenue
Reason foir Review:
New License @ Transfer of Ownership D .Dance Permit D
Drop/Add Name Ollll ]License •· D
Transfer JLocation
Drop/Adell Stockholder Name D New Entell'tainmelllt Peirmit D
Other_~R=e=qu=e=s~t~in~q'-=-a~n=ew'"---=S=DD:;.._:,l....:...ic=e=n=se;;:.__ _ _ _ _ _ _ _ _ _ _ __
DeadH.l!lle for receipt of an information: _ _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • · owing D Amount:
'
Treasurer Approved [g/ Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signatu:re_:,_ ,~=
M_ ...-,,...,, ~-"'/'-____f~f_l!.-/c_,J_______
(.,/' I '
Gan! A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: ___;;Bc..;;;u.:..;_nt"""'y_,_,--=I=n....;;_c.;_•_ _ _ _ _ _ _ _ _ _ _ _ _ __
AKA Business Name (if applicable): Dasmesh Mar t (Sunny Mart)
Operator/Manager's Name: Jaswi nder Si nqh
Business Address: · ·1301 E. App 1e Avenue
REeEI\/ED
MAY 1 O2001
Reason for Review: 'CITY OF MUSKEGON
PLANNING DEPARTMENT
New License @ T:ran11sfer of Ownership D .Dance Peirmit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other Request i nq a new SOD 1i cense
Dead!!i:ne for receipt of aU information: _ _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Tireasureir Approved!
• D
Owing Amount:
Zoning Approved ~eniedD Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~d---------
Gali! A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM HAY 1 0 200!
Business Name: _ B--'-u_n.t...,___.__I'-'n_c_
. _ _ _ _ __ _ _ __ _ _ _ __
AKA Business Name (if applicable): · Dasmesh Mart (Sunny Mart)
Operator/Manager's Name: Jaswi nder Si nqh
Business Address: 1301 E. Apple Avenue MA.Y 1 A 2001
CITY OF MUs1DC>
3. Service Type ~.~Y
O'f..~ 3Q02
/77/ rt'®!fl>i~ffi't,~""'1,"MMl.119
9/~@eJ'A ¢, •' Return Receipt for Merchandise
Insured Mail • C.O.D.
4. Restricted Delivery? (Extra Fee) • Yes
Article Number (Copy from service label) ; .J
70oa OS,?.o 001'( 3 7rJ 7 00/f,
Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
bllJ/Tl.'FtJ/U1
F AX/727-6904
Finance Liquor Control Commission
616/724-6713
FAX/724-6768 7150 Harris
PO Box 30005
Fire Dept.
616/724-6792 Lansing, MI 48909-7505
FAX/724-6985
Income Tax REF: #126201
6 I 6/724-6770
FAX/724-6768
1301 E, Apple
Muskegon,MI 49442
Info. Systems
616/724-6706
FAX/722-4301 To Whom It May Concern:
Leisure Service
616/724-6704 Enclosed is the resolution and police inspection report (LC-1800) for the liquor
FAX/724-1196
license change request mentioned above,
Manager's Office
616/724-6724
FAX/722-1214 Please do not hesitate to call me at (231) 724-6705 if you have any questions,
Mayor's Office
616/724-6701 Sincerely,
FAX/722-1214
Neigh. & Const.
Services
616/724-6715
~ ~
FAX/726-2501 Linda Potter
Planning/Zoning Deputy Clerk
616/724-6702
FAX/724-6790
Enc,
Police Dept.
616/724-6750
FAX/722-5140
Public \Vories
616/724-4100
F AX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept,
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P,O, Box 536, Muskegon, Ml 49443-0536
Date: July 10, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Flamingo II, 1163 E. Laketon, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from PNS#9, Inc. to transfer all
stock in the 2001 Class C licensed business by dropping Alfonso Loera,
deceased, as stockholder through transfer of his 10,000 shares of stock
to new stockholder, Anita Loera.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
Aflirm:1tive ,•\ct!on
2.J 1/7H-671l3
FA:\1722- 12 14
A SSl'~~ or
23 1/72 4-67(18
F,\:\1726-:i lR I
Ccnu •tcry
2J I/7H -1,783
F,\:\1726-56 17
Ci\'il Scrdn•
2) I /72-1-6 7 16
F.-\:\/724-H0,
West Michigan's Shoreline City
C l,• rk
1.J I/7H-6 7115
F.-\:\1724-4 178
June 20, 2001
23 I /724-(, 7 17
F.\:\ /72 6-2:ill I
Eugim·L•ri ug
To: The City Commission tlu·ough the City Manager
23 1/724-67117
FA:\/727-l>'Jll4
From:
Fi11:111n·
2J l /72H,71J
ntony L. Kleibecker, Chief of Police
F.-\\/724-1,71,8
Fil'l' lkpt.
Re: Transfer of Stockholder at 1163 E. Laketon A venue
23 1/724-67?2
FA \/724-1,985
l11c11111L'T:n
23 1/724-6 7711
The Muskegon Police Department has received a request from the Michigan Liquor
FA:\/7H-676X Control Commission for an investigation from applicant PNS#9, Inc. They are
Info. Systt•ms
requesting the transfer of all stock, (2001 Licensing year) in 2001 Class C-SDM licensed
231/724-67~~ business with Official Permit (food), by dropping Alfonso Loera, who is now deceased,
F.\X/722-rnll
as stockholder through transfer of his 10,000 shares of stock to new stockholder, Anita
LL·isun· ScrvicL'
23 I /71 4-67U4
Loera.
FA:\/72 4- 11 96
.\ l:111a)!L'r's Officl'
The listed location is that of Flaming II bar and restaurant. Anita Loera is the sister of the
23 1/724-(,72~ deceased license holder and her father is the current owner.
F.-\:\/722- 12 14
\ l:iyor's Offin· After a search of MPD records and a Michigan Criminal History Check was completed
23 1/72~-6711 1
FAX1722- 1214 we find no reason to deny this request.
Nl'igh. & Const.
S t•rvin·s
23 1171~-67 l5
FA\/72 6-15111
TK/cmw
Pla1111i11g/Zo11in}!
23 I /72~-6 702
FAX/724-6790
Po li n lh-p t.
23 I /72 ~-r, 7511
FA\:l722-:i1411
Pu hlic \Vork~
23 1/724- 4 11111
F.-\.\/722- 4 188
T rrasurcr
23 I /724-6 7211
FAX/724-6768
Water Billi ng Dept.
23 1/724-1,7 18
FA:\/724-6768
\\'a trr Fil1r.1 1io11
2J 11724-4 106
F.-\:\/7:i:i-529U
City of M uskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 3-13-00
Re: Transfer of stockholder at 1163 E. Laketon Ave, Muskegon, Ml.
ChiefKleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant PNS#9, Inc. for transfer of all
stock (2001 Licensing year) in 2001 Class C-SDM licensed business with Official Permit
(food) by dropping Alfonso Loera, deceased, as stockholder through transfer of his
10,000 shares of stock to new stockholder, Anita Loera.
The listed location is that of Flaming II bar and restaurant. Anita Loera is the sister of the
deceased license holder and her father is the current owner.
After a search of MPD records and a Michigan Criminal History Check was completed I
find no reason to deny this request.
Respectfully submitted,
.y~=-
C.:~-~\~:)
Det. Kurt Dykman
data/common/Loera
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION REQ ID # 125550
~OCJ /- f'O(q)
Re_ g.. __u l_a_r_ _ _ _ __ _ _ _ meeting of the _ _ __C_i_t_y_C_om_m_,_·s_s_i_o_n_ _ _ __ __
At a ___
(Regular or Special) (Township Board, City or Villago Council)
called to order by Mayor Niel sen on _~J=u..c.,lY~1~0_,_,~2~0~0_1_ _ at 5 :30 P.M.
The following resolution was offered:
Moved by Vice-Mayor Sieradzk i and supported by __C_o_m_m_i_s_s_io_n_e_r_A_s_la_k_s_o_n_ _ __
That the request from PNS#9, INC . to transfer all stock (2001 licensing year) in 2001
Class C licensed business, located at 1161-1163 E. Laketon, Muskegon, MI 49442,
Muskegon County, by dropping Alfonso Loera, deceased, as stockholder through transfer
of his 10,000 shares of stock to new stockholder, Anita Loera.
be considered for A rova l
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
------------(R-,c-om-m-•nd-
Recommended
,d-or_no_t_Re-c
om-m-,n-de-d
) _ _ _ _ _ _ _ _ _ _ _ _ _ __
for issuance
State of Michigan - - - - ~
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the -------=- it~y- C,_o,c--m_m....,i=
C...., s s_,_·o,...n_______ at a ___
Re~g~u_l_a_r...,.,,.--,-----=-....,...,,..- - -- --
o,c,ea o, MCC, m.< ('ll
To: Muskegon Police Department Date: May 14, 2001
Chief of Police REF#:
980 Jefferson Street REQ ID#:125550
PO Box 536
Muskegon, MI 49443-0536
Chief Law Enforcement Officer
Applicant:
PNS#9, INC. requests to transfer all stock (2001 licensing year) in 2001 Class
C-SDM licensed business with Official Permit (Food), located at 1161-1163 E.
Laketon, Muskegon, MI 49442, Muskegon County, by dropping Alfonso Loera,
deceased, as stockholder through transfer of his 10 1 000 shares of stock to new
stockholder, Anita Loera.
Please make an investigation of the application. If you do not believe that
the applicants are qualified for licensing, give your reasons in detail.
Complete the Police Inspection Report on Liquor License Request, LC-1800, or
for Detroit police, the Detroit Police Investigation of License Request, LC-
1802. If there is not enough room on the front of the form, you may use the
back.
Forward your report and recommendations of the applicant to the Licensing
Division.
Please include fingerprint cards and $15.00 for each card, and mail to the
Michigan Liquor Control Commission.
If you have any questions, contact the Licensing Division at {517) 322-1400,
after 10:00 a.m.
LC-1972 Rev. 6/92
4880-1658
sfs
LIQUOR LICENSE REVIEW FORM
Business Name: _ _____.E-1-l->.aA--'-'-m...,____,_/-'---~"=,(7;<-...._Q_ __,_/f?;..,_._.::..,..,s,,__i~C?_i.(..,_,//;'-.Ja.q_,,o....,,___,f'-------
AKA Business Name (if applicable): --'-/_,_'.ll/--"----'5"-'<-_#____,4:..,....--=_j_==-
. . ,. ,.:. . .;_C;;___.
/l _ __
Operator/Manager's Name:
Business Address: II?,?
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name ~ New Entertainment Permit D
Other-------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ __
Police Department Approved D D~ No Action Needed D
Income Tax Approved ~ Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
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 FORM
Business Name: Elarniyr' &.sfczucoof
AKA Business Name (if applicable): -~/~;//
~ 5_ _#__,_4......--'_---'j_---.--,-/1_C_ . _ __
Operator/Manager's Name:
Business Address: I
//& . ?
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name
~
N New Entertainment Permit D
Other - - - - -- -- - - -- - -- - - -- -- - --
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~wing O Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature. , ~ ff O)
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: _ __,_£-l-l. .a,µrn'-'-'--'-'
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AKA Business Name (if applicable): _..,.,__/_.,'._l//-"---"5-=<--_#__,_~-,--:_j_
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Operator/Manager's Name:
Business Address: //&. '3
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name
~
PJ New Entertainment Permit D
Other _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ __ _ _ __
Deadline for receipt of all information: ______ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved ;g} Denied D Pending ZBA •
Clerk's Approved D Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~~ ~?"ef,..-~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: _ ____,£--+-/--l,Q
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Operator/Manager's Name:
Business Address: // ?,, f
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name ~ New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved ~Owing D Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ __ _ _ _ _ _ __ _ _ _ _ _ __ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
· Business Name: _ ___,_£_ !__.a_ _rn
. . . . . .---/,_,. _ _._.lf?:~,. s. ._,_f-"'q.__...._u_,_
§},:;ae.....c2 /'.=u:_.O
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AKA Business Name (if applicable): --'-f_,_11/......._.,5"""-_#--<..4-.---:_:..)_
:.,...,_;_/1_C
. . _ . _ __
Operator/Manager's Name:
Business Address: I
II t;,?
Reason for Review:
New License D Transfer of Ownership ·D Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name ~ New Entertainment Permit D
Other _ _ _ _ _ _ _ __ _ _ __ __ _ _ __ _ __ __
Deadline for receipt of all information: _ _ _ _ __ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
T reasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance fl Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC l 105(2)(d))
Ref#
Req ID#12ssso
Date: May 14, 2001
To: Muskegon City Commission
93 3 Terrace Street
PO Box 536
Muskegon, MI 49443-0536
Applicant: PNS#9, INC.
HOME ADDRESS AND PHONE NO,
Anita Loera, 1324 Eastwood Drive, Muskegon, MI H(231)777-4718/B(23 l )722-1679
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval
or disapproval of the application was made at an official meeting. Please return the completed
resolution to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 6/98
4880-1234
Affirmative Action
616/72~-6·103
FAX/7f2-1214
Asses3or
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055 West MicllDigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services
July 3, 2001
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Ms. Jacqueline Vines, President
East Muskegon Neighborhood Association
Finance
616/724-6713 217 4 Continental
FAX/724-6768
Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX/724-6985
Dear Ms. Vines:
Income Tax
616/724-6770 A request has been received from the Liquor Control Commission to transfer all
FAX/724-6768 stock in the 2001 Class C licensed business at 1163 E. Laketon (Flamingo II) by
Info. Systems dropping Alfonso Loera, deceased, as stockholder through transfer of his 10,000
616/724-6706 shares of stock to new stockholder, Anita Loera. A Class C license permits the
FAX/722-4301
sale of beer, wine, liquor and mixed spirit drink for consumption on the premises.
Leisure Service
616/724-6704
On Tuesday, July 10, 2001, the City Commission will review this request and
FAX/724-1196 determine whether or not it should be recommended for approval.
Manager's Office
616/724-6724 You are being sent this notice because the City Commission would like to know
FAX/722-1214
how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office they may have. You may send these comments to 933 Terrace, Muskegon, MI
616/724-6701
FAX/722-1214 49440 or attend the July 10, 2001, City Commission Meeting at 5:30 p.m. in the
Commission Chambers.
Neigh. & Const.
Services
616/724-6715
FAX/726-2501
If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
616/724-6702
Sincerely,
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Linda Potter
Public Works
616/724-4100
Deputy Clerk
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
F AX/724-6768
Water! Filtration
616/724-4106
F AX/75:5-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmative Action
616/724-6'703
FAX/7,22-1214
Asse,;sor
616/724-6708
FAX/724-41711
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
F AX/724-4055 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-41711
Comm. & Neigh.
Services July 3, 2001
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Ms. Anita Loera
Finance
1324 Eastwood Drive
616/724-6713 Muskegon, MI 49442
FAX/724-6768
Fire Dept. Dear Ms. Loera
616/724-6792
FAX/724-6985
This letter is to inform you that your request to transfer ownership of the 2001
Income Tax
616/724-6770 Class C licensed business will be presented to the City Commission on July 10,
FAX/724-6768
2001. 'This meeting begins at 5:30 p.m. and is located in the Commission
Info. Systems Chambers, 933 Terrace, Muskegon, MI.
616/724-6706
FAX/722-4301
This request has also been sent to the East Muskegon Neighborhood Association
Leisure Service
616/724-6704 for their comments. It is Commission practice to let the Neighborhood
FAX/724-1196 Association know of any liquor license requests that are located within their
Manager's Office boundaries. This allows for comments from the people who live there and not
616/724-6724 just from the owners of the business' who are located there.
FAX/722-1214
Mayor's Office
616/724-6701
If you have any questions, please feel free to contact me at 724-6705.
FAX/722-1214
Neigh. & Const.
Sincerely,
Services
616/724-6715
FAX/726-2501
Planning/Zoning
616/724-6702 Linda Potter
FAX/724-6790 Deputy Clerk
Police Dept,
616/724-6750
FAX/722-5140
Public Works
616/724-4I00
FAX/722-4188
Treasurer
616/724-6720
F AX/724-6768
Water Billing Depl.
616/724-6718
F AX/724-6768
Watd Filtration
616/724-4106
F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Complete items 1, 2, and 3. Also complete
item 4 if· Restricted Delivery Is desired.
Print yQJJr P.a,, 1,2: a, 1d address on the reverse
C. Signature
so that we can return the card to you.
Attach this card to the back of the mailpiece, 0 Agent
X D Addressee
or on the front if space permits.·
D. Is delivery address different from !terp 1? DYes
Artlcle Addressed to:
If YES, enter delivery address below: D No
I SCHUELLER
MA1L &DEL\\Ji~f\\1 S
"' J,J,~- OF MICHIGAN
3. Service Type
l3ox 3 ()CIO ~ ~ 'R3«!7'mJ1ail D Express Mail
I .
J L ·o R'egfs~ered • Return Receipt for Merchandise
_ ant.17f 1 /11) f J JO fl - 70O r,' 1--~•!_ll~nsSlllur::,ed':'M~a:g_il=~
• C°'.O':.D:'.:.·~-----;:~::---
POST Off.'\l®l!riff>lil)lierro{; Ira Fee) • Yes
Article Number (Copy from service labeQ LA
7000 o.,;-,;;..o 001'1 J 70 7 ff ,<,;2__3
S Form 3811, Jµly 1999 Domestic Return Receipt 102595-00·M-0952
6I6/724-ii707
FAX/727-6904
Finance
616/724-6713
Liquor Control Commission
F AX/724-6768 7150 Han-is
Fire Dept,
POBox30005
616/724-6792 Lansing, MI 48909-7505
F AX/724-6985
Income Tnx REF: #125550
616/724-6770
FAX/724-6768 1161 -1163 E. Laketon
Info. Systems
Muskegon,MI 49442
616/724-6706
FAX1722-4301
To Whom It May Concern:
Leisure Service
616/724-6704
FAX/724-1196 Enclosed is the resolution and police inspection report (LC-1800) for the liquor
license change request mentioned above.
Manager's Office
616/724-6724
FAX/722-1214
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Mayor's Office
616/724-6701 Sincerely,
FAX/722-1214
Neigh. & Const.
Services
616/724-6715
FAX/726-2501
Linda Potter
Planning/Zoning Deputy Clerk
616/724-6702
FAX1724-6790
Enc.
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX1722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
6 I 6/724-6718
FAX/724-6768
Water Filtration
616/724-4 I 06
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Date: July 10, 2001
To: Honorable Mayor and City Commissioners
From: City Treasurer
RE: Revenue/Collections Administrator Position
SUMMARY OF REQUEST: To reclassify the current Deputy Treasurer position to
Revenue/Collections Administrator along with the salary pay range from range X to
range VIII of the non-represented employees' salary schedule.
FINANCIAL IMPACT: Staff expects that the costs of the position changes will be
more than offset by:
1) Reduction in accounts receivable days and improvement in the city's cash
flow.
2) Reduction in bad debts that are written off.
3) Improved collections due to the knowledge of debtors ("slow-pays") that
the City is focusing more attention to this area.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to reclassify the position.
COMMITTEE RECOMMENDATION: The Civil Service Commission approved the
job description at their meeting on May 22, 2001.
City of Muskegon
Treasurer's Office
Memo
To: Mayor and City Commissioners
From: Derrick Smith, City Treasurer
Date: June 27, 2001
Re: Revenue/Collections Administrator Position
We are proposing to reclassify the Deputy Treasurer posttion in the Treasurer's Office to
Revenue/Collections Administrator. A driving force behind the proposed change is the need to
focus more attention to the City's accounts receivable area. In fact, in reviewing the City
Commission / Department Goals for 2000-2001, the proposed change would be in line w~h two of
the goals. The first goal which is to "continue efforts to improve the City's AIR (accounts
receivable) collections by reducing AIR days and enhancing cash flow would be better served with
the reclassified position. The second goal to "implement an aggressive plan to reduce the
delinquency rate on personal property taxes" would also be addressed by the proposed change.
In 1997, the City offered an early retirement incentive program for certain non-union
employees. At that time both the City Treasurer and the Water Billing Office Supervisor
decided to accept the early retirement offer. With this, it was decided to consolidate the two
separate offices and replace two management positions with a single department head. In
addition, at that time it was decided that a recently vacated account clerk I position would
remain unfilled due to staff cross training efficiencies expected to be gained. The net result
was that two full-time positions were eliminated and personnel costs, along with total
department costs, for the combined department have been much lower than before the
restructuring.
The Deputy Treasurer's position has been open since February 5, 2001. In order for the City
to be more competitive in attracting qualified candidates to fill the new Revenue/Collections
Administrator position, we are requesting that the salary range be approved at range VI 11 of
the non-represented employees' salary schedule. The former Deputy Treasurer position was
at range X of the non-represented employees' salary schedule.
We believe that the proposed plan best serves the needs of the City while complimenting the
other staff within the department. Please feel free to contact me should you have any
questions regarding the requested change.
CITY OF MUSKEGON
*Proposed Job Description*
Job Title: Revenue/Collections Administrator Position No.
Department: Finance Pay Grade: VIII
Reports to: City Treasurer
FLSA Status: Non-exempt
Prepared by: Karen Scholle
Prepared date: April 9, 2001
Approved by:
Approval date:
SUMMARY: Under the supervision of the City Treasurer, oversees customer service and
resolves customer complaints/concerns where Revenue Clerks are unable to reconcile the
dispute. Will follow up on delinquent property tax and utility accounts and make every effort to
collect these debts, including but not limited to small claims court filings, property tax liens, and
working with outside collection agencies.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. An employee in this
classification may be called upon to do any or all of the following essential functions. These examples
do not include all of the duties which the employee may be expected to perform. To perform this job
successfully, an individual must be able to perform each essential function satisfactory, with or without
accommodation.
1. General accounts receivable collections management.
2. Oversee the preparation of processing of service orders for various City services, including
water turn-ens and turn-offs, new utility billing accounts, and discontinuance of accounts.
3. Approve extensions for utility customers.
4. Provide or coordinate customer service training for Clerks as needed.
5. Resolve customer complaints and answer questions/concerns where clerks are unable to
reconcile the dispute.
6. Personal property tax collections.
7. Small claims court filings and appearances, when needed.
8. Report to credit reporting agencies/bureaus.
9. Ensure strict adherence to state and federal laws governing debt collection/bankruptcy.
10. Coordination with outside collection agencies used by the City.
11. Work with various City departments on collection issues.
12. Data reporting on collections.
Revenue/Collections Administrator Job Description
Page2
13. Property lien filing.
14. Performs related work as required.
SUPERVISORY RESPONSIBILITIES: Supervision of Revenue Clerks staff.
QUALIFICATIONS: The requirements listed below are representative of the
knowledge, skills, abilities, and minimum qualifications necessary to perform the
essential function of the position. Reasonable accommodations may be made to
enable individuals with disabilities to perform the job.
Education: BA/BS in Business Administration/related field and/or equivalent experience.
Experience: A minimum of two years of supervisory/management and collections experience,
PLUS experience working with credit reporting/collection agencies and the courts preferred.
Knowledge of state/federal laws concerning collections and bankruptcy.
Must possess excellent customer service and communication skills. Thorough knowledge of
accounting software, database operations, and records management essential.
CERTIFICATES, LICENSES, REGISTRATIONS: Valid Michigan driver's license with an
acceptable driving record.
PHYSICAL DEMANDS: The Physical demands described here are representative of those
that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform
the essential functions.
While performing the duties of this job, the employee regularly is required to sit, reach with
hands and arms, and use hands to finger, handle, or feel. The employee occasionally must
travel to other locations and lift and/or move items of moderate weight. Specific vision abilities
required by this job include close vision and distance vision.
WORK ENVIRONMENT: The work environment characteristics described here are
representative of those an employee encounters while performing the essential functions of
this job. Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
The noise level in the work environment is typical of an office environment where the noise
level is usually moderate.
Commission Meeting Date: July 10, 2001
Date: June 25, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Ll)V
RE: Public Hearing • Request for an Industrial Facilities
Exemption Certificate - Bekaert Corporation
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Bekaert Corporation, 2121 Latimer,
Muskegon, Michigan, a plant that fabricates high tech mechanical spring wire, has
requested the issuance of an Industrial Facilities Exemption Certificate. Total capital
investment for this project is $233,000 in real property and $2,999,364 in personal
property for a total of $3,232,364. The project will result in the creation of 3
employment opportunities while retaining 6 jobs. Bekaert's current workforce is 73.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of 12 years for real property and 6 years for personal property.
COMMITTEE RECOMMENDATION:
None
6/25/2001
Resolution No. 2001-81 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
Bekaert Co,poration
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
October 13, 1992, this Commission by resolution established an Industrial Development
District #92-125(b) as requested by Bekaert Corporation, 2121 Latimer Drive, Muskegon,
Michigan, 49442; and
WHEREAS, Bekaert Corporation has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to a new machinery and equipment to be installed within the
Industrial Development District #92-125(b); and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
July 10, 2001 at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the
applicant, the assessor and representatives of the affected taxing units were given written notice
and were afforded an opportunity to be heard on said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
June 9, 2001, the date of the acceptance of the application for the issuance of an Industrial
Facilities Tax Exemption Certificate; and
WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Bekaert Corporation, for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon Industrial
Development District# 92-125(b) to wit:
PORT CITY INDUSTRIAL CENTER NO 3 LOTS 36 & 37
6/25/01 2
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of twelve (12) years on real and six (6) years on personal property.
Adopted this 10th Day of July 2001
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a egular meetin held on July 10, 2001.
6/25/01 3
City of Muskegon
Industrial Development District
Summary Sheet
Company Summary:
Bekaert Corporation of 2121 Latimer Drive has requested an Industrial Facilities
Exemption Certificate. Bekaert is installing $233,000 in real property, $2,999,364 in personal
property and is adding 3 new employees. Bekaert Corporation engages in the fabrication of high
tech mechanical spring wire. Bekaert Corporation has historically been a stable company and
employer for the Muskegon area.
Employment Information:
Racial Characteristics:
White 65
Minority 8
Total 73
Gender Characteristics:
Male 62
Female 11
Total 73
Total No. of Anticipated New Jobs: 3
Investment Information:
Real Property: $ 233,000
Personal Property $2,999,364
Total: $3,232,364
\
Property Tax Information: (Annual)
Total New Taxes Generated $87,274
Value of Abatement $43,637
Total New Taxes Collected $43,637
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $939
Company Requirements:
Adopted Affirmative Action Policy ;81 Yes D No
Meeting w/ City Affirmative Action Director )?!(__ Yes D No
Signed Tax Abatement Contract ::g. Yes D No
Taxes Paid In Full ~ Yes D No
Appropriate Zoning ~ Yes D No
:~~
Business Development
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IW I
1-m
Date: June 11, 2001
To: Mayor and City Commission
From: Robert Kuhn, Director of Public Works
Re: Sister City Representation - Kamasi Ghana
SUMMARY OF REQUEST: Director of Public Works, Robert Kuhn is
scheduled to be part of a mission trip to Kamasi Ghana in September
2001. He is requesting permission to represent the City of Muskegon for
the purpose of discussing the possibility of a future Sister-City
relationship between Muskegon and Kamasi.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION:
Bryon Mazade June 5, 2001
City Manager
Fred Nielsen
Mayor
And City Commissioners
RE: Kamasi Ghana
Sister City Program
In September of this year I will be venturing to Kamasi Ghana on a mission trip through
my church. (Crosswinds Fellowship of North Muskegon). I will be the program
coordinator for this trip that includes the construction of two houses with Habitat for
Humanity International, as well as an immunization support program with the major
hospital in Accra Ghana (national capitol). We will also be establishing a distribution
center in Kamasi for the future distribution of donated clothing and materials. Our contact
in Ghana has arranged for me to meet with my Public Works counterparts in the Kamasi
reg10n.
Recently there has been much interest regionally in pursuing the feasibility of obtaining
Sister City status with Kamasi Ghana and the Muskegon area. The Sister Cities group is
seriously considering sending a representative with our contingent.
I am requesting the City Commission's approval to allow me to represent the City of
Muskegon ifwe are able to arrange a meeting with the Kamasi Metropolitan Agency. I
will discuss with them the potential of establishing a Sister-City relationship with
Muskegon.
With the City of Muskegon's Afro-American population increasing to over 31 % in the
2000 census, a cultural relationship with Ghana would get much support within our
community. In addition, there are other things coming together with this mission trip that
could very well bring national attention to Muskegon. At this time I am not at liberty to
elaborate on the specific details.
I am personally very excited about this trip and its potential for both Muskegon and the
city ofKamasi. I will be present at the City Commission meeting to answer any
additional questions. I can assure you that I am willing to do everything I can to represent
my city with pride.
Sincerely;
Robert H. Kuhn
Director of Public Works
City of Muskegon Michigan
~MICHIGAN
MUNICIPAL
OFFICIAL NOTICE TO MEMBER CITIES AND VILLAGES
OF THE MICHIGAN MUNICIPAL LEAGUE
June 22, 2001
1-tt\f.i$~~~~ (Please present at the next Council or Commission Meeting)
President
CHARLES SMILEY Dear Official:
Mayor, Burton
The annual meeting of the members of the Michigan Municipal League will be held
Vice President in Battle Creek, September 12-14, 2001. The business session is scheduled for
JEFFREY FITCH 10:30 a.m. on Wednesday, September 12, at the McCamly Plaza Hotel. The
Village President, Kalkaska
meeting will be held for the following purposes:
Trustees
MARGARET 'PEGGI' ARNOLD 1. Election of Trustees. To elect six members of the Board of Trustees
Mayor, Manistique for terms of three years each .
KENNETH BABICH
Mayor, Marlette 2. Policy. To vote on statements of policy and resolutions properly
FRANKLIN L. CAMPBELL brought before the annual meeting.
Mayor, Hastings
C. D. 'AL' CAPPUCCILLI 3. Other Business. To transact such other business as may properly
Mayor, Monroe come before the meeting .
HAROLD DRAKE
Village President, Ravenna , Designation of Voting Delegates
MYRON -FRASIER \_
Council President, Southfield Pursuant to the provisions of the League Bylaws, you are requested to designate
by action of your governing body one of your officials who will be in attendance at
FREMAN HENDRIX
Deputy Mayor, Detroit the Convention as your official representative to cast the vote of the municipality
at the annual meeting, and, if possible, to designate one other official to serve as·
PATRICIA KILLINGBECK
City Manager, AuGres alternate. After taking this action, please return the enclosed reply card no later
than August 22, 2001 .
KURT KIMBALL
City Manager, Grand Rapids
In connection with the designation of an official representative of the member to
GEORGE KORTHAUER
City Manager, Petoskey the annual meeting , your attention is invited to the following provisions of the
Bylaws of the Michigan Municipal League:
KATE LAWRENCE
Mayor, Brighton
"Section 4.4 - Votes of Members. Each member city and village shall be
JAMES LEIDLEIN
City Manager, Harper Woods
equally privileged with all other members in its voice and vote in the
election of officers and upon any proposition presented for discussion or
CAROL SHEETS
Mayor Pro Tern, Wyoming
decision at any meeting of the members. Honorary members shall be
entitled to participate in the discussion of any question, but such members
ROBERT SLATTERY, JR. shall not be entitled to vote. The vote of each member shall be cast by its
Mayor, Mount Morris
official representative attending the meeting at which an election of officers
JOEL THOMPSON or a decision on any proposition shall take place. Each member shall, by
Mayor, Otsego
action of its governing body prior to the annual meeting or any special
MICHAEL USKIEWICZ meeting, appoint one official of such member city or village as its principal
City Manager, Escanaba
official representative to cast the vote of the member at such meeting, and
Executive D irector
may appoint one official as its alternate official representative to serve in
GEORGE D. GOODMAN the absence or inability to act of the principal representative. "
A member of the National League of Cities
Web Address Headquarters Office Lansing Office Northern Field Office
www.mml.org 1675 Green Road, P.O. Box 1487 320 N. Washington Square, Suite 110 8925 Garden Road
Ann Arbor, Ml 48106-1487 Lansing, Ml 48933-1288 Garden, Ml 49835-9270
Phone: 734-662-3246 Phone: 517-485-1314 Phone: 906-644-2299
Fax: 734-662-8083 Fax: 517-372-7476 Fax: 906-644-2298
PLEASE RETURN BY AUGUST 22. 2001
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:
Name _ _F_r_e_d_J_._N_i_e_l_s_e_n_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title ___M_a~o_r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Our alternate official representative will be:
Name Clara Shepherd
Title Cammi s s i oner
Official action of governing body on Ju 1 y 10, 2001
(date)
Submitted by ~eu.L,
in
Q.
I A. kundTriger,Citcterk
.
Municipality City of Muskegon
Date: 6/29/2001
To: Honorable Mayor and City Commission
From: Kelly Defrench, Public Works Supervisor
RE: Large Meter Replacement
SUMMARY OF REQUEST: To Approve the proposal with Metron Farnier to
replace 400 large meters 1 1/2 inch through 8 inch at the cost of $946,798.00
FINANCIAL IMPACT: $ 946,798.00 Water/ Sewer Fund
BUDGETED-: None
BUDGET ACTION REQUIRED: Initial cost will be made with cash on hand
from water and sewer funds. A budget adjustment will be made during the
second quarter budget reforecast. The meter replacement program is expected
to pay for itself with recovered revenue in two to five years
STAFF RECOMMENDATION: To approve the proposal from Metron Farnier to
replace 400 Large meters at the cost of$ 946,798.00
Memorandum
To: Bob Kuhn, Director of Public Works
Cc: Tim Paul, Ken Meyer, Derrick Smith
From: Kelly DeFrench, Public Utility Supervisor
Date: 06/28/0 I
Re: Large Meter Replacement Proposal
As you know we have been installing Metron single jet water meters for commercial
use for about 3 years now. Until this type of meter was introduced, we have had to
use compound and turbine type meters for services 2" and larger, with turbine
meters primarily used for irrigation. Compound meters measure a wide range
initially, but are not as accurate as single jet meters and require extensive
maintenance over time. Turbine type meters are more reliable than compound
meters, but they do not cover a wide range of flow as the single jet type
manufactured by Metron.
We have Eighty (80) new Metron meters currently in our system. We performed a
revenue analysis by comparing revenues collected from Twelve (12) of these new
Metron meters, with revenue generated from the old meters. In order to do a fair
comparison, figures were used from the same months for adjacent years. The results
were quite significant. The report (see attached) reveals a projected increase in
revenue of $94,320 in one year for these twelve meters
Metron Farnier sent a proposal to replace 400 of our large meters 1/1/2 - 8" at a cost
of $946,798.00. The turnkey project cost of $946,798 includes meters and
appurtenances, installation and drive by radio AMR hardware and software. The
cost of the meter replacement proposal includes changing out 2 master meters for
the City of Roosevelt Park and I master meter for the City of North Muskegon.
Agreements that we have in place with both communities provide for reimbursement
to the city for replacement of master meters. The replacement cost for Roosevelt
Park would be$ 20,970.00, and $9,000.00 for the City of North Muskegon. The
total recovered amount of$ 29,970.00 from both communities would put our actual
cost for the project at $916,828.00.
1
June 28, 2001
Results of our "12" meter study" indicate an apparent payback time of3 months.
While this payback would not hold true for all meters, a payback time for the entire
system of about two (2) years does seem realistic. Metron estimates the replacement
of the 400 large meters will yield a revenue increase of at least$ 395,000 per year.
At the project cost of$ 946,798, this would yield a payback of just over two (2)
years.
Performing the large meter replacement program with city forces would overextend
our staff and delay implementation of this money saving effort. Changing out large
meters can be risky, old pipes can break causing extensive damage to property and
could result in personnel injury. Older large meters are extremely heavy and difficult
to move. 4" compound meters weigh between 500 and 700-lbs. 6" compound meters
weigh between 800 and I 000 lbs. Depending on manufacturer. Getting these out of a
building or vault can be quite a task and back injuries are highly probable. We
believe that these risks to our employees, together with the delay in implementing
this revenue producing measure justify completing the meter installation under
contract.
Representatives from Metron estimate that the replacement of the 400 large meters
will take approximately ninety days. To insure that our installation standards and
specifications are followed, Ron Archer and Matt Holmes of our department would
supervise the installation.
2
Muskegon, Ml Meter Analysis ·
Metron Meter Comparison
$25,000
$24,000
$23,000
$22,000 Revenue Recovery Window
,,
-
-
$21,000 12 Meters Compared -
$20,000 -
$19,000 Water Recovered by Metrons: 34,890 CCF -
$18,000 Revenue Recovered by Metrons: $94,320 -
$17,000 Total Meter Cost: $21,377 -
EIGHTY AND 001100 DOI.I.ARS ... ($4K,ml0.!MlJ O•
the (oUowlng described prenibe., iiltua1ed In
THE CITY OJ: MUSKEGON. COUNTY 01: MtlSKEGEI> IN l.llmR J OF
Pl.ATS ON PAGE 71. MUSKEGON C'OIINTY KEl.'ORl>S
P.P. # 6l•tl •l0-281H)IK 1ns11n1
SUBJECT TO liASl:MliNTS. Rl'.Sl!RVATll>NS, RESTRIC""fl l.lMITATU>NS 111: RH"IJRD, IF ANY.
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MUSKEGON, Ml 49441 '._ •"'-
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NOTARY PUBLIC IONIA ("(lUNT'r', MICIIIGAN
o/lS'TED BY: MY COMMISSION F.XPIRE..li: OS/11/98
✓nm TITJ.J\ OIHCE. IN(', WlmN Rl-:t"()Rtnm Rt:l'URN T()
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(
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: May 4, 2001
To: Daryl Jefferson, 1252 Adams, Muskegon MI 49442
Owners Name & Address
Ford Consumer Finance Company, Inc., 2 Armstrong Rd, Shelton CT 06484
Name & Address of other interested parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 186 & 186 ½ Strong Ave. all in 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.
'I
F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director oflnspections. 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, 0
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
ert B. Grabinski, Fire Marshal/Inspections Dept
F:IINSPECTIONSIEVERETnWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: April 20, 2001
Address of the Property: 186 & 186 ½ Strong, Muskegon, Michigan
Description of the Structure: Lot 10 Blk 392
TO: Daryl & Lesia Jefferson 1252 Adarris. Muskegon MI 49442
[Name & Address of Owner]
Ford Consumer Finance Company Inc .• 2 Armstrong Rd .• Shelton CT 06484
[Names & Addresses of Other Interested Parties)
Please take notice that on May 3, 20..Ql., the City of Muskegon Housing Board of
Appeals will hold a hearing at S:30 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 February 27. 2001.
At the hearing on Thursday, May 3. 2001, at 5:30 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 O~~KEGON INSPECTION DEPARTMENT,
ONB H A L F ~ i ~ ~ P E A L S
By_ ____,,___ _ _ _ _ _ _ _ _ _ _ __
Robert . Grabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVEREmWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH} A STRUCTURE
DATE: 2/27/01
· Address of the Property: 186 Strong. Muskegon, Michigan
'
Description of the Structure: Lot 10, Block 392
TO: Daryl & Lesia Jefferson, 1252 Adams, Muskegon MI 49442
[Name & Address of Owner]
Ford Consumer Finance Company Inc, 2 Armstrong Rd. Shelton CT 06484
[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 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.
F:\Inspections\Everett\WORD\STANDARD FORMS\Inspections Department Notice and
Order.doc ·
Page l of3
f
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 ~how cause why the structure shall not be ordered
demo~hed. ..,_,
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 186 Strong . Muskegon, Michigan, and cause
said structure to be a dangerous or substandard building and a public nuisance.
Please see the attached inspection report
CITY O.-F----.SKEGON INSPECTION DEPARTMENT
By_ _ __,__ _ _ _ _~~~~-~~---
Robert . Grabinski, Fire Marshal
MICHIGAN DEPARTMENT OF STATh
Candice S. Miller, Secretary of State
Lansing, Michigan 48918-0001
STATE HISTORIC PRESERVATION OFFICE
Michigan Historical Center
717 West Allegan Street
Lansing, Michigan 48918-1800
May 8, 2001
INSPECTION SERVICES
CITY OF MUSKEGON
933 TERRACE STREET
POBOX536
MUSEKGON MI 49443
RE: ER-96-169 Demolition of 186 Strong, Muskegon, Muskegon County (HUD)
Dear Inspection Services:
Under the authority of Section 106 of the National Historic Preservation Act of 1966, as amended, we
have reviewed the above-cited undertaking at the location noted above. Based on the information
provided for our review, it is the opinion of the State Historic Preservation Officer (SHPO) that the
proposed undertaking will have an adverse effect on 186 Strong, a contributing structure to the Campus
Historic District Extension, which appears to meet the criteria for listing in the National Register of
Historic Places.
This undertaking meets the criteria of adverse effect because: the undertaking may alter, directly or
indirectly, any of the characteristics ofa historic property that qualify the property for inclusion in the
National Register in a manner that would diminish the integrity of the property's location, design, setting,
materials, workmanship,feeling, or association [36 CFR § 800.5(a)(l)J Specifically, the undertaking
will result in:
• Physical destruction of or damage to all or part of the property.
The finding of adverse effect will prompt HUD, hereinafter referred to as "Agency", to consult further to
resolve the adverse effect pursuant to 36 CFR § 800.6 by proceeding with the following steps:
(!) Per 36 CFR § 800.6(a), the Agency shall continue consultation with the SHPO and other consulting
parties to develop and evaluate alternatives or modifications to the undertaking that could avoid,
minimize or mitigate adverse effects on historic properties. The Agency shall submit a case study
outlining these efforts for review by the SHPO.
(2) In accordance with 36 CFR § 800.6(a)(4), the Agency shall make information regarding this finding
available to the public, providing the public with an opportunity to express their views on resolving
advers.1; effects of the undertaking. Pursuant to 36 CFR § 800.1 l(e), copies or summaries of any views
provided by consulting parties and the public shall be made available to the SHPO as part of the case
study outlined in (1).
(3) Th_e Agency shall immediately notify the Advisory Council on Historic Preservation (Advisory
Council), Old Post Office Building, 1100 Pennsylvania Avenue, NW, Suite 809, Washington, D.C.
20004, of the adverse effect finding per 36 CFR §_ 800.6 (a)(l). The notification to the Advisory Council
should be similar to the proJect mformalton submitted to this office and should include the following
documentation as outlined in 36 CFR § 800.1 l(e).
• A description of the undertaking, specifying the federal involvement, and its area of potential effects
including photographs, maps and drawings, as necessary. '
• A description of the steps taken to identify historic properties.
• A description of the affected historic properties, including information on the characteristics that
qualify them for inclusion in the National Register of Historic Places.
• A description of the undertaking's effects on historic properties.
• An explanation of why the criteria of adverse effect were found applicable or inapplicable, including
any conditions or future actions to avoid, minimize or mitigate adverse effects.
• Copies or summaries of any views provided by consulting parties and the public.
(4) The Agency shall invite the Advisory Council to participate in consultation if the undertaking will
affect a National Historic Landmark, if a Programmatic Agreement will be developed as a result of the
finding of adverse effect, or if the Agency wants the Advisory Council to participate in consultation. The
Advisory Council will advise of its decision to participate in consultation within fifteen (15) days of
receipt of this notification or other request. If the Advisory Council chooses not to participate in
consultation, the Agency shall resolve the adverse effect without Advisory Council participation and
pursuant to 36 CFR § 800.6(b)(l).
( 5) If the Agency, the SHPO and, if applicable, the Advisory Council agree on how the adverse effects
will be resolved, they shall execute a Memorandum of Agreement (MOA) pursuant to 36 CFR § 800.6(c).
(6) If the Agency and the SHPO fail to agree on the terms of the MOA, the Agency shall request the
Advisory Council to join the consultation. If the Advisory Council decides to join the consultation, the
Agency shall proceed in accordance with 36 CFR § 800.6(b)(2). If the Advisory Council decides not to
join the consultation, the Advisory Council will notify the Agency and proceed to comment in
accordance with 36 CFR § 800.7.
The views of the public are essential to informed decision making in the Section I 06 process. Federal
Agency Officials or their delegated authorities must plan to involve the public in a manner that reflects
the nature and complexity of the undertaking, its effects on historic properties and other provisions per
36 CFR § 800.2(d). We remind you that Federal Agency Officials or their delegated authorities are
required to consult with the appropriate Indian tribe and/or Tribal Historic Preservation Officer (THPO)
when the undertaking may occur on or affect any historic properties on tribal lands. In all cases,
whether the project occurs on tribal lands or not, Federal Agency Officials or their delegated authorities
are also required to make a reasonable and good faith effort to identify any Indian tribes or Native
Hawaiian organizations that might attach religious and cultural significance to historic properties in the
area of potential effects and invite them to be consulting parties per 36 CFR § 800.2(c).
)
Please note that the Section I 06 process will not conclude according to 36 CFR § 800."6 "Resolution of
Adverse Effects" until the consultation process is complete, an MOA is developed, executed and
implemented, and, if applicable, the formal comments of the Advisory Council have been received.
The State Historic Preservation Office is not the office of record for this undertaking. You are therefore
asked to maintain a copy of this letter with your environmental review record for this undertaking. If the
scope of work changes in any way, or if artifacts or bones are discovered, please notify this office
immediately.
If you have any questions, please contact Elizabeth Szufuar, Environmental Review Assistant, at
(517) 335-2723. Please reference our project number in all communication with this office
regarding this undertaking. Thank you for this opportunity to review and comment, and for your
cooperation.
Sincerely,'
J.::::::,~/1
State Historic Preservation Officer
BDC:EAS
copy: Advisory Council on Historic Preservation
Les Berman, HUD
'-,..
f
CITY OF MUSKEGON
DAI\GEROUS BUILDING INSPECTION REPORT
186 STRONG
Both Fro11t & Back dwelli11gs
2(19/01
Inspection noted:
1. Home is partially boarded up·. Back home is open.
2. Roof systems on both homes are in need of repair and/or replacement; fascia
rotting; Cornice repair needed, soffit repair needed.
3. Both home in need of exterior siding protection; scrape and paint or new siding;
window frames need maintenance.
4. Broken out windows.
5. Interior inspection required on both homes by the Inspection Services Dept. Trade
Inspectors. (Plumbing, mechanical, electrical and building)
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.
F:\lnspections\Everett\WORD\DANGEROUS BUILDING INSPECTION REPORTS\186 Strong.doc
HBA Minutes 5/0 I
#01-004- 2130 W. Sherman - Delbert & Jean Esh, 2650 Regent, Muskegon
( Ml 49441
History: Grabinski stated that this was a house that was brought to us by our
housing inspector in that area. We have had a change in ownership. This guy
Mr. Esh said that he was going to fix it. Since that time nothing has happened, I
went out there today, there's walls torn down inside, the garage is wide open the
roof is still deteriorated and the reason we went out there the first time is because
it smelled of cats. It still smells of cats bad. •,,,
Staff recommendation: Declare the structure a dangerous building, substandard
unsafe a public nuisance and forward the case to the city commission for their
concurrence.
Motion: John Warner, supported by Jerry Bever, made a motion to accept staffs
recommendation and forward the case to the city commission for their
concurrence.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Nielsen
John Warner Nick Kroes
Randy Mackie Clint Todd
( Jerry Bever
The motion carried.
Case# 01-0015 -186 & 186 ½ Strong - Daryl Jefferson, 1252 Adams,
Muskegon Ml 49442
Owner or Representatives presentation: The owner or representative was not in
attendance.
Staff History: Pictures were passed around to the members of the Board. This
case consists of two structures on the same property. The pictures are from 186
½, which sits on the alley side of this house. The front house is boarded
however that one still remains unboarded at this point. The owner has a couple
more days before the City will enter on the property and Board it. There has
been no contact from the owner. Commissioner Shepherd and some
neighborhood residents had brought this property to the attention of the
Inspection Department. According to the commissioner and the neighbors, 186
½ is being used for drug activity. The evidence at the structure proves that that
is probably the case. The same thing with 186 however we have not boarded
that one. There has been no contact with the owner or a representative.
Staff Recommendation: To declare the structure unsafe, substandard, a public
nuisance and forward the case to the City Commission for concurrence.
14 ofl5
HBA Minutes 510 I
Motion: Randy Mackie, supported by John Warner, made a motion to declare
the structure substandard, unsafe, a public nuisance and forward to the city
commission for concurrence.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Nielsen
John Warner Nick Kroes
Randy Mackie Clint Todd
Jerry Bever
The motion carried.
Old Business: None
New Business: Borgman invited Mr. Bill Seeback of the Historic District
Committee to attend tonight's meeting for observation. If Mr. Seeback could
have stayed, we would have had a short discussion on his observation and
based upon his observation how he expects us to work together. Not saying that
it can't be done. He said he would try to make the next meeting also. Borgman
thinks it will be helpful in making them a little more understanding of what reality
( is and that we can't save everything.
Grabinski said that he would be interested in hearing what Mr. Seeback's
observations were.
Borgman said that he intended to invite Mr. Seeback to next months meeting.
Adjournment: 7:00 PM
(
15 of 15
DATE: June 29, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal/Inspections
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:01-004; Address: 2130
W. Sherman, Muskegon Ml.
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
2130 W. Sherman, Muskegon, Ml is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: 01-004 - 2130 W. Sherman, Muskegon Ml
Location and ownership: This house is located at 2130 W. Sherman Blvd. in
Lakeside HUD census #9. The owner is Delbert Esh.
Staff Correspondence to Owner attachments: Dangerous building inspection
report conducted 2/15/01. Notice and Order to Repair was issued 2/28/01,
Notice of HBA Hearing dated 5/03/01.
Owner Contact: On 6/25/01 Mary Oakes came in the office to let us know
Delbert & Jean Esh are deceased. She said the new owners are Scott Horta and
Heather Esh (her niece). They have not accepted certified mail being sent
because they thought it was bills. She was told they need to accept mail to be
aware of repairs that need to be done and meetings being conducted with regard
to the property.
Financial Impact: General Fund
Budget action required: None
State Equalized value: $18, 600.00 (2,000)
Estimated cost to repair: $20,000
F:\Inspcclions\Urabinski_Lorraine\ Word\CC MEETINUS\Agcnda 2130 W. Sherman.doc page I of2
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 on Tuesday, July 10, 2001.
F:\lnspections\Grabinski_Lorrainc\Word\CC MEETINGS\Agenda 2130 W. Sherman.doc page 2 of2
r.:~n-M =71 u
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------
~arbor Title
955 West Broadway
Muskegon,MI49441
Title Search
Case No.: 100119486
February 23, 2001
I. Beginning Date: 7/20/90, at 8:00 A.M.
Please See Attached Liber 1529, Page 199, 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
2/1/2001, at 8:00 A.M.
Documents
Deeds: Mortgages:
1529/199 1813/205
2184/634
Taxes:
Invoice charges in the amount of$583.40 for Trash. (As to
#9813035, #9813966, #9816166 and #9817388.
Payment of the Water/Sewer Usage Bill, due and payable to the
City of Muskegon Treasurer in the amount of $134.58, if paid by
February 28, 200 I.
Payment of the 2000 Winter taxes, due and payable to the City of
Muskegon Treasurer in the amount of$816.87, if paid by
February 28, 2001. (Base Amount $793.26)
Note:
No 2000 Summer taxes were assessed.
Permanent Parcel No.: 61-24-779-002-0026-00.
2000 State Equalized Value: $18,600.00.
2000 Taxable Value: $14,639.00.
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:
Delbert Esh and Jean C. Esh, husband and wife
4. No search has been made for any instrument, however designated, which has been filed as a financing statement
pursuant to the Uniform Conunercial Code.
5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
the office of the Register of Deeds.
6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
evidence of title thereto.
(
I
' I
7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not
relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
paid for this information. /
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STATE OF MIClllGAN, )
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tNamd
SS-11 ~V. forton Avenue
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CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: May 4, 2001
To: Delbert & Jean Esh, 2650 Regent, Muskegon MI
Owners Name & Address
TMS Mortgage INC, 30300 Telegraph Rd, Ste# 20 I, Bingham Farms MI""48025
The Money Store/Packaging, P.O. Box 160128 Sacramento, CA 95816 - 0128
Name & Address of other interested parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 2130 W. Sherman. all in 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, ifit 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:\INSPECTIONS\EVEREIBWORD\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 oflnspections. 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 ha,i,
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
ert B. Grabinski, Fire Marshal/Inspections Dept
F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: April 20, 200 I
Address of the Property: 2130 Sherman. Muskegon, Michigan
Description of the Structure: Lot 26, Blk 2. Subd of Blk 651
TO: Delbert Esh. 2650 RegenlMuskegon MI 49441
[Name & Address of Owner]
TMS Mortgage Inc., 30300 Telegraph Road. Suite 201, Bingham Farms MI 48025
[Names & Addresses of Other Interested Parties]
Please take notice that on May 3, 20_.Q.L, the City ofMu~kegon Housing Board of
Appeals will hold a hearing at 5:30 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 February 28, 2001.
At the hearing on Thursday, May 3, 2001, at 5:30 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 USKEGON INSPECTION DEPARTMENT,
:: ALn~~.~PEALS
Robert . Grabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVEREIBWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE
DATE: 2/28/01
Address of the Property: 2130 W Sherman , Muskegon, Michigan
Description of the Structure: Lot 26, Block 2 of Subdivision Block 651
TO: Heather Esh & Scott Horta, 2130 W Sherman. Muskegon MI 49441
[Name & Address of Owner]
Delbert Esh & Jean Esh. 2650 Regent, Muskegon MI 49441
TMS Mortgage Inc., 30300 Telegraph Road, Suite 201, Bingham Farms MI 48025
[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):
I. X Obtain the issuance of all pem1its 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.
F:\Inspections\Everett\WORD\STANDARD FORMS\Inspections Department Notice and
Order.doc
Page I 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 2130 W Sherman, Muskegon, Michigan, and
cause said structure to be a dangerous or substandard building and a public nuisance.
Please see the attached inspection report
filffll:t™"'T
By_ _- + - - - - - - - - - - - - -
Robert . Grabinski, Fire Marshal
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
2130 \V Sherman
2/15/01
Inspection noted:
l. Attached garage roof system collapsing, rotted sheathing, rafters.
2. Missing cracked siding.
3. Home Partially painted.
4. Hot water heater split open by cold weather- Venting damaged.
5. Broken out windows.
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.
ALTINOWSKI, BUILDING INSPECTOR
I i
\\MUSK DAT A\DAT Allnspections\Everett\WORDIDANGEROUS BUILDING INSPECTION
REPORTS\O8 INSPECTION REPORT FORJ"1.doc
Electrical Inspection
2130 W. Sherman
I. Service conductors deteriorated, (Insulation exposing conductors)
2. Service equipment deteriorated. (Not suitable for exposure to the weather)
3. Circuits overused.
4. Wiring in building inadequate (extension cords in use in building.
5. Furnace not wired properly.
D. ESH
2650 S. REGENT
MUSKEGON, MI 49441
RE: 2130 W SHERMAN
NOTICE ISSUED BY: INSPECTION SERVICES PHONE: 724-6715
Dear Property Owner:
We have received a complaint that there are certain
unsatisfactory conditions at the above address. If these
conditions exist, they are a violation of the City Code. A copy
of the recorded complaint is attached for your review as part of
this notice.
Please look into this matter to see if the complaint is valid. I
have informed the complainant that the matter is to be taken care
of within the next 72 hours.
If code violations are reported to exist after this period, a
complete inspection of the property may be made. You will be char~'"
a MINIMUM of $60. 00 for such an inspection and there is also a chc,~ •
for each reinspection required.
Please feel free to contact me about this notice. Your cooperatic::
would be greatly appreciated.
Housing Inspector
City of Muskegon, Inspection Services Department
•
)
CITY OF MUSKEGON INSPECTION REPORT
December 8, 2000 AT 3:23 p.m. FOR W. SHERMAN 2130 PAGE 1
FINAL NOTICE
No Cat Violation
--- --- =---===--==---=--------------==----=---------=====-----==========
1 A BATHROOM
No power.
2 B BATHROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
3 A BATHROOM
Toilet seat is loose, broken or missing.
4 A BATHROOM - BY TUB
Floor boards are loose, deteriorated or missing.
5 A BATHROOM - LAVATORY
Waste line is plugged.
6 B BATHROOM - LAVATORY (COLD)
Doesn't have any water to it.
7 BATHROOM - TUB
Overflow is missing.
8 A EAST BEDROOM
Window sash is broken, rotted or missing.
9 B EAST BEDROOM
Window lock(s) is/are missing.or inoperative.
10 B EAST BEDROOM
Walls have peeling paint.
11 B EAST BEDROOM
Outlet is broken, loose or not working.
12 A EAST BEDROOM
Outlet cover is missing or broken.
< -- 17 B EXTERIOR
Siding has holes in it or is rotted or missing.
14 B EXTERIOR
5± Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
-1 5 B EXTERIOR
Operable window(s) do not have a screen - must cover the
complete bottom sash.
- 16 A EXTERIOR - f Ii
Window has broJld, remiud, releas,d, aliened, und confinncd, and by 1hesc presents docs ;nnt. barpin.
,;rl\, mnisl.'. alirn. rclt.!nse and conflrm unto 1he party(ies) of the secorid pan, and to the heirs and assians of said
party(ies) of the stcond part rorev~,. the followinll described rtlul estilte situate in the Ci. ty
or Muskegon , County or Muskegon , State of Mlchlpn, to wit:
The East 1/3 of Lots 17 and 18, Block 441, Revised Plat of the City
of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County/
Records.
------·--,,..~------"";..
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Paree)
'1 . ·
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1·· ·• •
Known as: 247 w. Forest, Muskegon
PP# ll-30-453-003
Please forward all future tax bills to the buyer.
This ( Is mmpl from county transfer
tax undtr NCL 207.505 (h) and from slate
-
transfer tax under MCL 207.526 (h).
··-· .. · -·. -.... --- .... ·-·: -·-·-·· ·-·----- - ----
BEINO th• "'n" p_rop,rly acquired by tho puty or the flnt pan punu111t to the pro,lsion1 or the National
l
Ho111iotf Ar'irrn::t"
~
.
. -••a• 11•1
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CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: May 4, 2001
To: Gustav Buchholz, 17512 N Fruitport Rd, Spring Lake, 49456
Owners Name & Address
Associates Home Equity Srvc., 250 E Carpenter Freeway, Irving TX 75062
Name & Address of other interested parties
"'
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located
at 247 W Forest. all in 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:IINSPECTIONSIEVEREmWORDIHBA 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 htlli,
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 OARD OF APPEALS:
ert B. Grabinski, Fire Marshal/Inspections Dept
F:IINSPECTIONS\EV~RETT\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DE!\IOLISH) A STRUCTURE
DATE: 2/26/0 l
Address of the Property: 247 W Forest, Muskegon, Michigan
Description of the Structure: E 1/3 Lots 17-18. Block 441
TO: Gustav Buchholz. 17512 N Fruitport Rd. Spring Lake MI 49456
[Name & Address of Owner] ·
Associates Home Equity Services. INC. 250 E Carpenter Freeway. Irving TX 75062
[Names of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has detennined 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 pennits 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
pennits. 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:\lnspections)Everett\ WORD\ST AND ARD FORMS\Inspections Department Notice and
Order.doc
Page I of3
FAILURE TO COMPLY
Atter 30 days from mailing this notice, if you haw 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
demqlished. .,.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 247 W Forest , 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
(
CITY OF MUSKEGON
DAi'iGEROUS BUILDING INSPECTION REPORT
247 IV. FOREST
2/6101
Inspection noted:
1. Entire roof system in need of replacement and/or repair. When roof is stripped,
need inspection on sheathing and rafters.
2. Fascia, Soft missing - Rotting. ·
3. Antenna lying on roof.
4. Numerous broken out windows.
5. Siding and window frames in need of protection from elements.
6. Front porch column repair needed.
7. Garage doors deteriorated - broken out windows and door panels - front.
8. An interior inspection is required by the City of Muskegon Inspection Services
Dept. Trade Inspectors. (Pluming, mechanical, electrical and building).
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.
1
FALTINOWSKI, BUILDING INSPECTOR
d-k/d,oo f
DfTE /
F:llnspec1ions\EverettlWORDISTANDARD FOR1',!SIDI3 INSPECTION REPORT FOR.'-'l.doc
.. ,.~rmath'e Action
_,.}nn24-670J
'FAX1722-1214, MUSKEGON
Assessor
u1n2u1os
FAX/716-5181
Cemelery
lJI/714-6783
FAX1726-5617
,FILE COPY
CivU Sen1ce
231nl4-6716
FAX/724-4405 West Mkhlgan's Sborellne Oty
Clerk
231/724-6705
FA.Xn24-4178
Comm, & Neigh, MUSKEGON HOUSING BOARD OF APPEALS
Services
131/724-6717
FAX/7:i6-2501
Engineering July 10, 2000
231/724-6707
FAxn27-6904
Finance
231/724-6713 Gustav Buchholz
FAX/724-6768 17512 N Fruitport Rd
Fire Dept. Muskegon MI 49456
131/714--6792
FAX/724-6985
Dear Property Owner:
Income Tu
231/724-6770
FA.X/714-6768 Subject: Property Maintenance Code Violation Appeal case #00-02- 247 W Forest Ave,
Info. Syllem, Muskegon MI.
231/724.-6744
FAxnll-4301
FINDING OF FACTS & ORDER
Leisure Service
231/724-6704
FAX/724-1196 At the July 6, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed by
Manager's Office the Board to GRANT PMC Appeal Case #00-02- 247 W Forest Ave. time to complete
231/724-6724
FAX/722-1214
repairs, however, the repairs must be complete by 8/31/00. If repairs are made and final
inspections are completed within the agreed upon timetable, you will not have to come back
Mayor's Office
231/724-6701 to the Housing Board of Appeals.
FAX1711-1214
Inspection Services If you have any questions, please call the Inspections Department at (231) 724-6715.
231/724-6715
FAXn26-1S01
Plannlng/Z.Onlng
231/724-6702
FAxn24-6790
Police Dept.
231/724-6750
FAX/722-5140
')):1£.il~·
~~ Grabinski
,-J::ire Marshal/Inspection Services
Public Works
131/724-4100
FAXnll-4188
TreHurn
1Jln24--6720
FAX/724-6768
Water Dillin& Dept,
13Jnl4-6718
FAX171U768
Water Fihntton
ZJlnl'-4106
FAX/75S..5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
CIT ,JOF MUSKEGON INSPECTION REF-Jn
December 10, 1999 AT 2:35 p.m. FOR W. FOREST 247 PAGE 1
No Cat Violation
=== === =====---================-==--===-==--===--===-==--==--==---===-==
~ EXTERIOR·
Window has glazing that is missing or deteriorated.
--'!""'"B EXTERIOR
Foundation walls has missing brick block or mortar or open
cracks.
7
-- -C EXTERIOR
----B has eave boards that are rotted or missing.
EXTERIOR
Openable windowlsl do not have a screen - must cover the
complete bottom sash.
-=s::. B EXTERIOR
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
C EXTERIOR
Roof is totally deteriorated - must be replaced.
,.;,.-a EXTERIOR
Siding has holes in it or is rotted or missing.
.-e"' A EXTERIOR - E. SIDE
Window has broken or cracked glass.
(! B EXTERIOR - FIREPLACE
Ash door. missing.
-rt) B EXTERIOR - FRONT f•QRCH
Ceiling H!f or missing •
..:: l ~ - EXTERIOR EAST REAR
Stairway with more than 4 risers does not have a handrail on
the open sides,
""II!!!:" B EXTERIOR FRONT PORCH
Screen door screen is ripped or missing.
~ B EXTERIOR WEST SIDE
trim is broken, missing or incomplete.
GARAGE
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
1 r-; GARAGE
Side has eave boards that are rotted or missing.
-.,J.6.... B GARAGE - OVERHEAD
Door ~lass is missing.
di!MDEIB GARAGE - SERVICE
Door is not installed in proper manner.
END OF L'IST
~
./
\
\
CITY OF MUSK.EGON, MICIDGAN
NEIGHBORHOOD AND CONSTRUCTION SERVICES DEPARTMENT
HOUSING BOARD OF APPEALS
CLAIM OF APPEAL
1. Address of property under appeal: d- lf '? &J, ..£;",etS ,--
2. Name of person making appeal: c;;: c...5 71'!v' @t,t<:...hh,g,\ 2-
(Please Print) _
3. Relationship to owner:
(If Not Owner) /
~;;;_....Af-"-'.'--1:Ru......_....,.._t±--'-'f'-'o,._&:.....____,~-=------
4. Address of person making appeal: _\._'i---'-S-'-\...
5{>&, 13 iAJ;e:; lvt£<-(<; lfrt.
5. Telephone (daytime):
6. How long has the property been owned by the current own~t,,_y ( ':::{ f<
.· ........ fv..~Cd A.>
7. Is the property owner-occupied or rental: _ . _~_S, ,J ~ o <.<::.f.,a,
8. Reason for appeal (check appropriate line):
_ _ A City standard causes more hardship for me than others.
_ _ The City's order was an incorr~ct interpretation of the standard.
_ _ I have an alternative way to meet the minimum standard.
~ I need more time to comply with the City's order.
_ _ Other (explain):
9. Date of the inspection I am appealing:
10. Date of the repair notice I am appealing: (( ~ --t(e-<9 'f
11. Violation numbers being appealed (from repair notice): ~ 3 S ?, 8' ref I~
.....__
12. I would agree to correct the violations no later than: ::::rz:1'J 7 ~t • ?-oc:, C
13. I have already corrected the foltowing'vioiaiions listed on the repair order (indicate violation number):
I ® ':! ') 9, IO ) I , ..... \>1 (,l, ( ),
1
Afflrmath'e Action
231t72+-6:'03 )
FAX/72:'.:-1214
.-\ssessor
231/724--6708
FAXnl6-5181
Cemetery
u1n:Z4-678J
FAX/726-5617
FILE COPY
Civil Ser.ice
231/724-6716
FAX1714-4405
Clerk
l3tnl4-6705
FAX1714-4178
CITY OF MUSKEGON
Comm. & Neigh.
Services
131/714-6717 NOTICE OF HEARING ON
FAX/726-1501
DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724-6707
FAXnl7-6904
Finance
131/724-6713 June 23, 2000
FAX1714-6768
Fire Dept, Gustav Buchholz
131/714-6792
FAX/714-6985 17512 N Fruitport Rd
Spring Lake MI 49456
Income Tu
l31n24-6770
FAxn24-6768 Dear Property Owner:
Info. Systems
2Jtnl4-6744
FAX1722-4301 SUBJECT: Property Maintenance Code Review Case #00-02-247 W Forest, Muskegon MI
. .
Leisure Service
231n?4-II,
l'REI'ARUI Bf; .......................... -·- ............. ·······-····· ... .
LILUAII LIGHT Pate 19
620 R, GILES, HllSKflli9ij4 Ml Couoty Trca.Jµru, ~ . r'\ l\. ei L County, Michigan
-a!J·l N i ·o "IQ
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CITY Oc MUSKEGON INSPECTION REPORT
December 15, 2000 AT 2:58 p.m. FOR IRWIN 286 PAGE 1
No Cat Violation
=== === ' - ----------- -----------------------------------------=--
1
NOTE: Effective June 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
property have been paid in full.
2
NOTE: Code requires owners to notify City in writing within
10 days of transfering ownership. Notice must include name,
address and phone number of new owner.
3 B EXTERIOR
Foundation walls have missing mortar or open cracks.
4 EXTERIOR
Front or side yards are without ground cover.
5 B EXTERIOR
Foundation walls have peeling paint.
6 B EXTERIOR
Roof has some shingles or parts of shingles missing.
7 B EXTERIOR
Roof has shingles that are deteriorated and need replacing.
8 B EXTERIOR - @ REAR PORCH
Roof flashing is missing or incorrectly installed.
9 B EXTERIOR - BASEMENT
Window is closed off and the mat'erial used does not blend
with the siding.
10 B EXTERIOR - FRO~'T COLUMN
Block wall (s) has/have hole (s) that. need to be repaired.
11 A EXTERIOR - REAR PORCH
Has unguarded side more than 30" high from ground or floor,
need 36" guardrail with balusters no further apart than 4".
12 B EXTERIOR - UPPER REAR
Siding has holes in it or is rotted or missing.
13 B EXTERIOR - UPPER REAR DORMER
Has eave boards that are rotted or missing.
14 B EXTERIOR - UPPER REAR DORMER
Side of the roof has rotted or missing roof boards.
END OF LIST
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
286 Irwin
12/4/00
Inspection Noted:
1. Roof System in need of structural repair.
A. Large holes in roof.
B. Shingles failing, falling off roof.
C. Rotted sheathing. · ·
D. Need to inspect rafter~ for damage.
E. Fascia Rotting. ·
F. Soffit Rotting. .
2. Front left porch column in near state of collapse, supporting roof load and
dormer. .
3. li!oarded'up and/or broken windows on home.
4. Repair netded on window and door frames of home.
5. An interior inspection is required by the building, plumbing, mechanical and
electrical inspectors before any necessary permits or certificate of
occupancy will be issued.
BASED UPON MY RECENT INSPECTI_ON 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. .
,.-
' ·::c,,UH
·:4·oJ
,\. -:j.nu
''f" (
~.,.:H•Jr '
:.:t !.Ht-011
4
F \ \. !!>-5181
4
Ctmtttry
?JI 7!4-67&3
rAX. '726-5617
ChilScnice
Ul,724--6716
FA. '<172,4-&.,105
.
February 21, 2001
Clerk
IJlnl'-6705
fA.'(/724-1178
Comin. &'Nel&h.
'
Sen1cu
lllnl+-6717
Cigzree Morris
FA.'(/716-1501 311 Muskegon
Enelncertns
Muskegon Ml 49440
131,7~707
FAX171749«M
Re: 286 Irwin, Muskegon Ml
Finance
2Jtn2u11J
FA.V714-6768 Dear Ms. Morris:
Fire Dept.
l31nlU792 We would like to thank you for scheduling an interior inspection for the above-
FAxnl4-6985
mentioned address. The following are the inspector's findings:
Income Tu
231n2u110
FAX/714--6768 Electrical:
Info. S)'Jlem1
IJlnl4-67.U Replace all incomplete or missing light fixtu
FA.V7!1-4J0t
Replace missing outlet and switch covers.
Lelsnre Ser.ice 2 - 20 amp circuits to serve kitchen counters.
2Jlnl4-671M
FA.V7!._tt%
M•n•a:er's O e
2)1/724-6714 Building:
FAX1712-111
M1yor'10ffl 1. Basement foundation wall needs repair and tuck-pointing.
lJl/714-6701
FAX1711-111 2. Window frames and windows in foundation wall are rotted and/or broken.
lnspudoa cu
3. Basement steps broken, unstable.
1Jtnl4-6715 4. Furnace and plumbing needs re-worked/replaced. Open duct, open waste
FAX1716-150
lines. Certification on furnace needed. • _ _
Plannln&fZon 5. Ceilings and walls in home. Need holes repaired re-drywall or plastered.
lll/714-6702
FAX/724-6790 6. Broken out windows in home.
PoUet Dept.
7. Pigeons and homeless living in home.
1Jl/71U7SO
FAX/711-5140
'•",.
Publlc Works
1J1n:w-uoo
FAX/711-41111
Treuarer
tltmuno
FAX/714-6768
Water BIWD& Dept.
1Jtn!4-6111
FAX1714-6761
Water Flllndoa
131/72'-'106
FAX/755-5290
I 01'2
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
j
The above reports are in addition to the exterior inspection that-was conducted
on 12/4/01 and is attached for your records. As you know, this case will be heard
on 3/01/01 before the Housing Board of Appeals. Please submit a timetable for
completion of repairs at that time.
Should you have any questions or concerns, please don't hesitate to call our
office Monday through Friday from l}:30 AM - 5:00 PM @ (231) 724-6715.
Si~~.
1b,rt B. Gcab;oskl
Fire Marshal/Inspection Services
..-......
2 of 2
)
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Address of the Property: 286 Irwin , Muskegon, Michigan
1
De scription of the Structure: Easterly 30 Feet of Lot 5 and the Westemly 3 ft of Lot 6, Block 267
!
TO: Cigzree Morris, 311 W Muskegon MI 49440
[Name & Address of Owner]
None Known at this time
[Names & Address of Other Interested Parties]
Please take notice that on Thursday, March 1, 2001, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 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 so that you can submit and discuss your timetable to
complete all repairs.
At the hearing on Thursday, March 1, 2001 at 5:30 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 .
. Grabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVERETT\WORDIHBA MEETINGS\NOTICE OF HBA HEARING.DOC
)
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE
DATE: 0 I /04/0 I
Address of the Property: 286 IRWIN, Muskegon, Michigan
Description of the Strncture:
TO: Ciggzrree Morriss, 311 W. Muskegon MI 49440
[Name and Address of Owner]
FMB Lumbermans Bank. One Lumberman's Square Muskegon MI 49440
[Names and 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
strncture 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.
F:\lnspections\E\'erett\ST ANDARD FORMS\Inspections Department Notice and Order.doc
Page I 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 286 Irwin, Muskegon, Michigan, and cause said
structure to be a dangerous or substandard building and a public nuisance.
Please see the attached Dangerous Building inspection report.
CITY~ N JNSPECTION DEPARTMENT
By &6-f}i;6/.
Cathy Everett, epartment Secretary
Dated: ---~~~--
01/04/01
Affirmatln A.-:tion
ZJ1i7l4--67-03
FAX1122-1214 MUSKEGON
ASl"~ssor
n1n24-6,os
FAxn26-5181
Cemetery
231n24-6783
FAX1726-5617
Chil Service
n1n24-6716
FAX!724--440S
March ;7, 2001 West Michigan's Sborellne llty
Clerk
Bln24-670S
FAX1724-4178
Comm. & Neigh.
Sen·kes
23ln24-6717
FAX/7%6--2501
Cigzree Morris
311 W Muskegon
Engineering
231/724-6707 Mllskegon MI 49440
FAX/727-6904
Finance Re: 286 Irwin, Muskegon MI
231/724-6713
FAX/724--6768
Dear Ms. Morris:
Fire Dept.
231/724-6792
FAX/724-6985 As the enclosed order states, the Housing Board of Appeals tabled your case until July 5,
Income Tu 2001. They are expecting all the repairs on the attached inspection reports to be completed
231/724-6770 by then. The Board also asked for monthly progress inspections to be conducted. The
FAX1724-6768
following is a schedule of the inspections that have been set up.
Info. Systems
231/7U,6744
FAX/722-4301 April 6, 2001 @ 10:30 a.m.
Leisure Service
May 8, 2001@ 10:30 a.m.
231/724-6704 June 8, 2001 @ 10:30 a.m.
FAX/724--1196
Manager's Office If the above schedule is not convenient for you, please don't hesitate to call me at (231)
231/724-6724
FAX/722-1214 724-6757.
Mayor'• Office
231/724--6701 Sincerely,
FAX1722-1214
Inspection Services
231/724-6715
FAX1726-2501
d~&~~
Cathy Everett
Plannlng!Zonlng
231/724--6702
Department Secretary
FAX/724-6790
Police DepL
231/724--6750
FAX1722-5140
Public Works
231/724-4100
FAXn22-tI88
Treasurer
231/724-6720
FAX/724-6768
Water Billing Dept.
231/724-6718
F AX/724-6768
Water Fthntlon
231/724-4106
F AX/755,.5290
4
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: March 20, 2001
Address of the Property: 286 Irwin, Muskegon, Michigan
Description of the Structure: Easterly 30 Ft, Lot 5 and the Wly 3 ft , Lot 6, Blk 267
TO: Cigzree Morris, 311 W Muskegon ML 49440
[Name & Address of Owner]
None Known at this time
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, April 5, 20_Q_l_, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 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 schedule of repairs
that you submitted to the City of Muskegon Building Inspection Department on March 1, 2001.
At the hearing on Thursday, April 5, 2001, at 5:30 p.m., at the Muskegon City Hall, 933
Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause
why the structure should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSING BOARD OF APPEALS
Grabinski, Fire Marshal/Inspection Services
F:\INSPECTIONS\EVERETT\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
)
I
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TOREPAIRORDEMOLISH
Date of Order: March 7, 2001
Address of the property: 286 Irwin, Muskegon Ml
Description of the structure: Easterly 30 Feet of Lot 5 and the Westernly 3 feet of Lot 6,
Block267
To: Ciwee Morris, 311 W Muskei;on, Muskei;on MI 49440
Name of owner and address
_Huntini;ton Bank, One Lumbermans Square, Muskei;on MI 49440
Name 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, provicled 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 to accomplish the repairs of the conditions found
in the inspection report attached to this order by July 5, 2001 and for monthly progress
inspections to take place starting on April 6, 2001 @ 10:30 a.m. A schedule of progress
inspections is attached. If you need to reschedule the inspections, please call the Secretary at
the Inspection Services Department at (231) 724-6757 between 8:30 a.m. and 5:00 p.m. All
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.
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
o'Yller and interested parties of the date and time when this matter shall be considered by the
City Commission.
CITY OF MUSKEGON
HO O OF APPEALS
3
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: April 5, 2001
To: Cigzree Morris, 311 W Muskegon Ave., Muskegon MI 49440
Owners Name & Address
None known at this time
Name & Address 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, April 5, 2001, does hereby order that the following structure(s)
located at 286 Irwin , 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 delay for 90 days before placing before
forwarding to 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:\INSPECTIONS\EVERETT\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
HBA Minutes 4/01
Case# 97-43 -1133 Third, Duane & Rose Armstrong, 5920 Vine Street,
Muskegon Ml 49442
History: Grabinski Stated that the process was started in 1997. Since then there
have been no permits since the time we gave them to complete the repairs and
we have not been called for inspections.
Staff Recommendation: To declare the structure at 1133 Third Street a -....,
dangerous building, substandard a public nuisance and forward the case to the
city commission for concurrence.
Motion: Randy Mackie, supported by John Warner, made a motion to accept
staff's recommendation.
Discussion: Mr. Kroes asked if nothing has been done. Grabinski said from
staffs prospective, we don't know because they haven't pulled any permits and
they haven't called for inspections. Even if they have done something we don't
know if it is right.
A Roll Call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
( John Warner
Fred Nielsen
Randy Mackie
Clint Todd
Jerry Bever
Nick Kroes
The Motion Carried.
Case# 00-90 - 286 Irwin, Cigzree Morris, 311 W Muskegon, Muskegon Ml
49440
History: Grabinski reminded the board that a timetable was given on this case
last month. Ms. Morris did not adhere to her own schedule and it is being
brought back for review. Grabinski showed some pictures that were taken on
4/5/01 in the morning. He stated that it was not a bad house, it sits along Irwin
and is in fairly decent shape. The problem is that it is boarded up, the structure
is square, the foundation looked in pretty good shape, however if something is
not done soon, and the home will deteriorate and cause problems.
Staff Recommendation: Because of history with the owner, declare the structure,
substandard, unsafe, a public nuisance, however, because of the condition of the
( property, to give a maximum of 90 days before the case will be brought to the city
3 of 8
HBA Minutes 4/01
commission and within those 90 days, repairs must be complete in order to stop
( it from going to the commission.
The board asked if staff has done an interior inspection. Grabinski said no.
Warner asked if all repairs are including exterior and interior repairs. Grabinski
stated that completion of all repairs is including interior and exterior is to be
complete in 90 days or the case will go to commission. Nielsen asked what if all
repairs are complete except for one. Grabinski stated that it would depend oo.'"
the seriousness of the repair. If it is serious it will go before commission.
Grabinski stated that if the board agrees to accept staffs recommendation, the
next step is commission, however, if repairs are not complete, it is staffs
responsibility to decide the seriousness of any repairs remaining at the end of the
90 day and if it will be brought to commission.
The electrical inspector corrected Mr. Grabinski, an interior inspection was
conducted and roughly ten items were found to be wrong. Mr. Grabinski still
thought 90 days to complete all interior and exterior repairs would be plenty of
time. The inspectors agreed.
Motion: Randy Mackie, supported by, Clint Todd, made a motion to accept
staffs recommendation.
A Roll Call vote was taken:
(
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
John Warner
Fred Nielsen
Randy Mackie
Clint Todd
Jerry Bever
Nick Kroes
The Motion Carried.
Case# 00-101 - 438 Amity, John Wesley AME Zion Church, 886 Wood
Street, Muskegon Ml 49442
History: No permits have been applied for and staff has had no contact with the
owner. Some people are in the audience to speak about this property. Some
pictures were displayed by projector. Annetta Wills-Banks, a member of John
Wesley AME Zion Church attended the meeting and stated that a decisi.on has
been made to demolish the structure. She explained that the church owns the
property and before they can do anything with the property they need permission
from their bishop. Ms. Banks also stated that Paster Samuel Leuch could not
l . attend tonight because he was at a meeting with the bishop to gain approval of
4 of 8
Commission Meeting Date: July 10, 2001
Date: July 3, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Core Communities Fund Application
SUMMARY OF REQUEST:
To approve the attached resolution approving an application for a Core Communities
Fund loan from the Michigan Economic Development Corporation in the amount of
$1,000,000 for the development of a public seawall and boardwalk improvements on
the former Teledyne property. And to approve the attached Certification and
Repayment Agreement that outlines the repayment terms of the loan. (Please see the
attached memorandum for additional information.)
FINANCIAL IMPACT:
The Core Communities Initiative loan must be repaid from increments captured by the
Muskegon SmartZone LDFA amortized over a period of 15 years and at 3.5 percent
interest. Annual payments to the MEDC will be approximately $86,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and Certification and Repayment Agreement.
COMMITTEE RECOMMENDATION:
None
7/3/2001
Memorandum
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
Date: July 3, 2001
Re: Core Communities Fund - Seawall & Boardwalk on Former Teledyne Property
The Core Communities Fund (CCF) was established by the Michigan State Legislature
in 2000, to provide gap-financing assistance in the form of loans, grants, sales, or cash
flow participation agreements, guarantees, or any combination thereof, to urban core
communities. Eligible activities include the financing of land, property acquisition, and
assembly; demolition, site development, utility modifications and improvements, street
and road improvements, telecommunications infrastructure, site location/relocation, and
infrastructure improvements.
The City of Muskegon CCF request is for $1 million to assist in the development of a
seawall and public boardwalk along Muskegon Lake on the former Teledyne property.
The benefit of this project will be to provide public access to the waterfront in the form
of a boardwalk and public transient boat slips. Further, the seawall serves a public
purpose by containing the site and groundwater contamination from flowing into
Muskegon Lake. The total project cost is in excess of $2 million. The remaining cost
of the project will be funded by private developers on the former Teledyne site.
In March of 2001, the City Commission approved the submission of a Notice of Intent to
apply for $1,000,000 from the Core Communities Fund. On June 20, 2001, the City
received notice that the boardwalk project had been selected for the submission of a
full application. The Michigan Economic Development Corporation must commit the
Core Communities Fund assets by July 20, 2001. The submission of the application is
not a guarantee of approval of loan funds but rather places the City's request in the
pool for commitment of fund assets by the July 20 date. Final agreement for the
acceptance of the loan would be made at a later date. The City has been informed that
the funds, if approved, would be in the form a low-interest loan not as a grant.
7/3/01 4
Resolution No. 2001-82 ( f)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR CORE COMMUNITIES INITIATIVE FUNDS IN THE
AMOUNT OF $1,000,000
WHEREAS, the City of Muskegon has been identified by the State of Michigan as a Core
Community and is eligible for funding consideration under the CCI program; and
WHEREAS, the Muskegon City Commission has determined that it is in the best interest of the community
to develop a seawall and public boardwalk along Muskegon Lake on the former Teledyne
property; and
WHEREAS, the Core Communities Initiative funds will be granted in the form of a loan that will require
repayment through the establishment of a Local Development Finance Authority; and
WHEREAS, the development of a public boardwalk is consistent with Downtown Redevelopment Plan.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
applying for Core Communities Initiative funds from the Michigan Economic Development
Corporation in the amount of $1,000,000.
BE IT FURTHER RESOLVED, that the Muskegon City Commission hereby appoints the City Manager to
act on behalf of the City concerning the filing and signing of all required application documents.
Adopted this 10th day of July 2001.
AYES: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on July
10,2001. ~
~ iv
Gail Kundinger, Clerk
7/3/01 2
Attachment 4
CERTIFlfCAT][ON ANiD REPAYMENT AGREEMENT
. City of Muskegon . (hereinafter known as the.Applicant) understands and
acknowledges that the creation of jobs was an essential factor in persuading the Michigan
Economic Development Corporation (MEDC) that this project is economically viable.
Therefore, recognizing that it will derive a real and substantial' benefit from this loan, the
Applicant agrees to the following.:
I. The MEDC shall make a loan to the Applicant to finance infrastructure
improvements. The loan shall carry a maximum term of 15 years
with no principal or interest payments for • 1 years. Interest will · ·
not begin accruing until the beginning of the 2nd year. The interest rate
will be 3 •5 ¾.
. . .
2. The Applicant has executed or will execute the Revenue Sharing Pledge
Agreement as security for the MEDC loan.
3. The Applicant shall obtain approval, from the Michigan Department of Treasury,
Local A~dit and Finance Division, for issuance of new 4ebt. Such approval is ·
required under Chapter III, Section 1 of Act 202 of the Public Acts of 1943, as
amended.
4. To repay the MEDC loan, in full, should job creation goals not be met.
] - 12 - o I
Date
J. Niel sen, Mayor
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MUSKEGON LAKE
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( Former Teledyne Prope~rt"'y"----/
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7,S·~ IL..,
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