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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 10, 2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• PRESENTATIONS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Liquor License Transfer Request - 1301 E. Apple. CITY CLERK
c. Liquor License Transfer Request - 1601 Beach. CITY CLERK
d. Sheldon Charter Park. LEISURE SERVICES
e. Intake Inspection Project. WATER FILTRATION
f. Dumpbox/Underbody and Tap System Purchase. PUBLIC WORKS
g. Aggregates Highway Maintenance Materials and Concrete.
PUBLIC WORKS
h. McGraft Park Caretaker Pay Range. LEISURE SERVICES
i. City - MDOT Agreement for M - 120 Over the Muskegon River.
ENGINEERING
j. Request for an Encroachment Agreement in the Area of Sherman
and McCracken. ENGINEERING
k. Consideration of Bids, Windsor Henry to Barclay. ENGINEERING
I. MDOT Agreement for Barclay Street, Sherman to Hackley.
ENGINEERING
• PUBLIC HEARINGS:
a. Continuation of Public Hearing - Millard Avenue. ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
a. SECOND READING: Rezoning Request for property at 2575
McCracken. PLANNING & ECONOMIC DEVELOPMENT
□ NEW BUSINESS:
a. TallShips Festival Request. LEISURE SERVICE
b. Transmittal of 2000 Comprehensive Annual Financial Report.
FINANCE
c. Approving Cutting Edge Construction as one of the three
Contractors for the City's Vinyl siding Program. COMMUNITY &
NEIGHBORHOOD SERVICES
d. High Service Pump #2 Rebuild. WATER FILRATION
e. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish the Following: INSPECTION SERVICES
1. 1712PineSt.
2. 1750 Pine
3. 15 E. Muskegon
4. 273 Merrill
5. 1309 Sixth St.
□ 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 l O 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: April10,2001
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, March 27, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 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 5:30pm, Tuesday, April l 0, 2001.
Mayor Fred J. Nielsen opened the meeting by offering the prayer after which
the 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
John Aslakson; Jone Wortelboer Benedict; Robert Schweifler; Clara Shepherd;
Lawrence Spataro.
2001-36 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, March 27, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Liquor License Transfer Request - 1301 E. Apple. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request to transfer ownership of the existing 2000 SDM license at
1301 E Apple Ave. from Gurmett Singh and Jaswinder Singh solely to Jaswinder
Singh.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments recommend approval.
c. Liquor License Transfer Request - 1601 Beach. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen-
dation on a request to transfer ownership of the existing 2000 Class C-SDM li-
cense with Dance-Entertainment Permit, Official Permit (food), Outdoor Service
(2 areas), and two bars from Marquette, Inc., to Beach Street Inn, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments recommend approval.
e. Intake Inspection Project. WATER FILTRATION
SUMMARY OF REQUEST: To award a contract to Sea Brex Marine, Inc. of Ste-
vensville, Ml to perform a complete inspection of the Water Filtration Plant Intake
including complete penetration of the pipeline.
FINANCIAL IMPACT: The low bid received is for $24,000.00. This project is budg-
eted at 24,000.00.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Endorse the lowest responsible bidder, Sea Brex Ma-
rine, Inc., and enter into contract for the inspection of the Water Filtration Plant
Intake.
f. Dumpbox/Underbody and Tarp System purchase. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase one Dumpbox, Underbody
scraper and Tarp System for 2001 Plow Truck (installed), from Truck and Trailer
Specialists for $18,258.00
FINANCIAL IMPACT: Total Cost $18,258.00.
BUDGET ACTION REQUIRED: None, Total for Truck and Equipment 64,240.25,
$70,000.00 is budgeted.
STAFF RECOMMENDATION: Approval to purchase Plow Truck Dump Box, Under-
body Scraper and Tarp System from Truck and Trailer Specialties for $18,258.00.
g. Aggregates Highway Maintenance Materials and Concrete.
PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine)
and 32% (winter salting) to Liquid Dustlayer, Inc.
Award bid to supply 20AA and 31A bituminous asphalt to Asphalt Paving, Inc.
Award bid to supply polymer modified anionic asphalt emulsion to Koch Materi-
als Company.
Award bid to supply sylvax-patching material to either bidder based on avail-
ability.
There are no bids to supply limestone ship blend to DPW. We will purchase
based on cost and availability.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to Consumers Concrete. High Grade Concrete
does have the lowest bid, but due to extra unloading charges, Consumers will
be cheaper.
FINANCIAL IMPACT: $100,972 based on 2000 usage at 2001 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
STAFF RECOMMENDATION: To award the various materials to the vendors as re-
quested.
i, City - MDOT Agreement for M-120 Over the Muskegon River
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation to replace the M-120 Structure over the Muskegon River; together
with the necessary related work. And to approve the resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: While this is an MDOT project, we are required to participate
at the rate of 11.25% as stipulated by Act-51 since the project falls within the
City's limits. The City's share is estimated at $98,700 but not more that 11.25% of
eligible cost. The total cost of the project is $4,407,900.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
k. Consideration of Bids. Windsor. Henry to Barclay,
ENGINEERING
SUMMARY OF REQUEST: To award the contract for the construction of Windsor,
including the watermain, from Henry to Barclay to Grant Tower since they were
the lowest responsible bidder with a bid price of $257,704.00.
FINANCIAL IMPACT: The construction cost of $257,704.00 plus related engineer-
ing expenses.
BUDGET ACTION REQUIRED: None, this project is in the 2001 budget.
STAFF RECOMMENDATION: Award the contract to Grant Tower.
Moved by Commissioner Benedict, seconded by Vice Mayor Sieradzki to ap-
prove the consent agenda as read with the exception of items d,h,j,I, which
were removed.
ROLL VOTE: A YES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
NAYS; None
MOTION ADOPTED
PRESENTATION: "This is your City of Muskegon" brochure.
Brenda Moore, Planning, presented a brochure on the City of Muskegon
services and facts to the Citizens of the Community.
2001-37 ITEMS REMOVED FROM THE CONSENT AGENDA:
d. Sheldon Charter Park. LEISURE SERVICES
SUMMARY OF REQUEST: To accept the Quit Claim Deed from Muskegon Public
School and to name Sheldon Park as a Charter Park.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to accept
the Quit Claim Deed from Muskegon Public Schools and to name Sheldon Park
as a Charter Park.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
NAYS; None
MOTION ADOPTED
h. McGraft Park Caretaker Pay Range. LEISURE SERVICES
SUMMARY OF REQUEST: To create a pay scale for the newly created Building
Facility Caretaker position, which is an upgrade from the McGraft Caretaker po-
sition.
FINANCIAL IMPACT: New rate to be Step 2 Pay Scale - $7 to $8.50/hr. Old rate
was $5.50 to $7 /hr.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Moved by Vice Mayor Sieradzki, seconded by Commissioner Schweifler to ap-
prove the request to create a pay scale for the newly created Facility Caretaker
position.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
NAYS; None
MOTION ADOPTED
j. Request for an Encroachment Agreement in the Area of
Sherman and McCracken. ENGINEERING
SUMMARY OF REQUEST: Kaydon Corporation has filed an encroachment
agreement form requesting your approval to install three monitoring Wells within
the following right-of-ways;
l. McCracken between Sherman and Letarte
2. Letarte between McCracken and Torrent
3. Torrent between Letarte and Sherman
This agreement would permit Kaydon's representative {Dell Engineering at this
time) to sample underground water.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
Moved by Commissioner Aslakson seconded by Commissioner Shepherd to ap-
prove the encroachment agreement with the Kaydon Corp. to install 3 monitor-
ing wells at 1. McCracken between Sherman and Letarte, 2. Letarte between
McCracken and Torrent, 3. Torrent between Letarte and Sherman.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
NAYS; None
MOTION ADOPTED
I. MDOT Agreement for Barclay Street. Sherman to Hackley.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with Michigan Department of
Transportation for the reconstruction of Barclay Street from Sherman to Hackley
and to approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT participation is about $366,628.00 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of the
project is $600,000.00.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the attached agreement and resolution be
approved
Moved by Commissioner Benedict, to set public hearing in 2 weeks at next
commission meeting. No second, therefore motion failed for lack of support.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to ap-
prove the MDOT agreement for Barclay, Sherman & Henry Streets and to author-
ize the Clerk and Mayor to sign the contract.
ROLL VOTE: A YES; Aslakson, Schweifler, Shepherd, Sieradzki, Spataro
NAYS; Benedict, Nielsen
MOTION ADOPTED
2001-38 PUBLIC HEARINGS:
a. Continuation of Public Hearing - Millard Avenue.
ENGINEERING
SUMMARY OF REQUEST: To continue the public hearing on the proposed spe-
cial assessment of the Millard from Lake Dunes to West End project, and to cre-
ate the special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project. Per your in-
struction on March 27th, we have revised the design of the proposed road to
reflect a width of 22' back to back. The property owners affected by the pro-
posed assessment have been notified and a drawing showing the revisions was
mailed.
Furthermore, it is respectfully requested that if the district is created to award the
contract to Jackson Merkey who was the lowest responsible bidder with a bid
price of $129,888.70.
FINANCIAL IMPACT: Construction cost plus related engineering cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:23pm to hear and consider any comments from
the public. City Engineer, Mohammed AI-Shatel, explained the item. Com-
ments were heard from Ronald Pesch, 3351 Millard; Susan Line, 3340 Millard. Both
Citizens were opposed.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Spataro to close
the public hearing at 6:33pm and to create a special assessment district and
appoint two Commissioners to the Board of Assessors.
ROLL VOTE: A YES; None
NAYS; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
MOTION FAILED
COMMUNICATIONS:
CITY MANAGER'S REPORT:
2001-39 UNFINISHED BUSINESS:
a, SECOND READING: Rezoning Request for property at 2572
McCracken. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 2572
McCracken St. (between Sherman Blvd. And Letarte Ave.} from R-1, Single-
Family Residential and B-1, Limited Business to entirely B-2, Convenience and
Comparison Business, or to entirely B-1, Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends rezoning the entire parcel to B-1,
due to compliance with the future land use map and Master Land Use Plan, and
to make the zoning consistent for the entire parcel.
COMMITTEE RECOMMENDATION: The Planning Commission recommended re-
zoning the entire parcel to B-1 at their 3/15/2001 meeting. The vote was unani-
mous.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to
adopt ordinance to rezone the entire parcel to B- 1.
ROLL VOTE: A YES; Schweifler, Shepherd, Spataro, Aslakson
NAYS; Nielsen, Sieradzki, Benedict
MOTION ADOPTED
2001-40 NEW BUSINESS:
a. Tall Ships Festival Request. LEISURE SERVICES
SUMMARY OF REQUEST: To waive all City service fees in conjunction with the Tall
Ships event at Heritage Landing in August.
FINANCIAL IMPACT: Estimated at $20,000.00.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
Moved by Vice Mayor Sieradzki, seconded by Commissioner Schweifler to
waive the City service fees for the Tall Ships event.
ROLL VOTE: A YES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
NAYS; None
MOTION ADOPTED
b. Transmittal of 2000 Comprehensive Annual Financial Report.
FINANCE
SUMMARY OF REQUEST: The City's 2000 Comprehensive Annual Financial Report
(CAFR) has previously been distributed to City Commissioners. At this time the
CAFR is being formally transmitted to the Commission in accordance with state
law. Should the Commission wish to do so, staff and the independent auditors
are prepared to conduct a special work session to focus on the CAFR as well as
City finances in general.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial ac-
tivities for 2000 and includes the independent auditor's unqualified opinion on
the City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2000 CAFR.
Moved by Commissioner Spataro, seconded by Commissioner Schweifler to ac-
cept the 2000 Comprehensive Annual Financial Report as written.
ROLL VOTE: A YES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
NAYS; None
MOTION ADOPTED
c. Approving Cutting Edge Construction as one of the three
contractors for the City's Vinyl Siding Program. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for Community and Neighborhood Services
to add Cutting Edge Construction of Muskegon as one of the City's contractors
to install siding through its housing rehabilitation program.
FINANCIAL IMPACT: The contract with Cutting Edge will be the same as with the
other two contractors $75.00 a square and will be taken from CDBG budget.
BUDGET ACTION REQUIRED: None required
STAFF RECOMMENDATION: To approve CNS request.
Moved by Commissioner Benedict, seconded by Commissioner Spataro to ap-
prove the addition of Cutting Edge as one of the City's contractors to install sid-
ing through its housing rehabilitation program.
ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Shepherd,
(Schweifler, out of the room)
NAYS; None
MOTION ADOPTED
d. High Service Pump #2 Rebuild. WATER FILTRATION
SUMMARY OF REQUEST: To rebuild High Service Pump #2 (12 million gallon per
day) prior to the summer season peak water demand.
FINANCIAL IMPACT: Cost of the pump rebuild is $20,100.00.
BUDGET ACTION REQUIRED: This is an unplanned expense and will require an in-
ternal budget transfer from another line item.
STAFF RECOMMENDATION: To endorse Peerless-Midwest, Inc. as the contractor
to rebuild high service pump #2 at a cost of $20,100.00.
Moved by Commissioner Benedict, seconded by Commissioner Aslakson to ap-
prove the rebuild of pump #2 by Peerless-Midwest at a cost of $20,100.00.
ROLL VOTE: A YES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
NAYS; None
MOTION ADOPTED
e. Concurrence with the Housing Board of Appeals Notice and
Order to Demolish the following:
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures listed below are
unsafe, 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 demolitions of these structures and that the Mayor and the City Clerk
be authorized and directed to execute contracts for demolition with the lowest
responsible bidders.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Concur with Housing Board of Appeals to demolish.
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish the structure at 1712
Pine St.
ROLL VOTE: A YES; Aslakson, Nielsen, Schweifler, Shepherd, Spataro
NAYS; Benedict, Sieradzki,
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish the following struc-
tures at 1750 Pine (Garage Only), 247 Amity, 462 White.
ROLL VOTE: A YES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
NAYS; None
MOTION ADOPTED
Moved by Commissioner Benedict, seconded by Commissioner Shepherd to
postpone decision on the demolition of 15 E Muskegon Ave. until the next
meeting in 2 weeks.
ROLL VOTE: AYES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
NAYS; None
MOTION ADOPTED
Moved by Commissioner Shepherd, seconded by Commissioner Spataro to
concur with Housing Board of Appeals decision to demolish the structure at 273
Merrill.
ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
NAYS; None
MOTION ADOPTED
Moved by Commissioner Spataro, seconded by Commissioner Shepherd to
concur with Housing Board of Appeals decision to demolish house and garage
at 1309 Sixth Sf.
ROLL VOTE: AYES; Shepherd, Spataro, Aslakson, Nielsen, Schweifler
NAYS; Sieradzki, Benedict
MOTION ADOPTED
2001-41 ANY OTHER BUSINESS:
a. Notification Process for Special Assessments, (Commissioner
Benedict)
Moved by Commissioner Spataro to refer to staff for a report on the potential ex-
pense of mailing options. No support, therefore, motion withdrawn.
Moved by Commissioner Aslakson, seconded by Commissioner Benedict to re-
fer to staff to study costs to convert the Special Assessment mailings to certified
mail, return receipt requested and report back to Commission in two weeks.
ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
NAYS; None
MOTION ADOPTED
b. Investigation into Price of Gasoline in West Michigan, (Mayor
Nielsen)
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
quest that staff draft a resolution to send to the County in support of their investi-
gation of the gasoline prices.
ROLL VOTE: A YES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
NAYS; None
MOTION ADOPTED
2001-42 PUBLIC PARTICIPATION:
Various comments were heard from the general public.
2001-43 CLOSED SESSION: To discuss Pending Litigation.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to go
to closed session at 8:52pm.
ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
NAYS; None
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
turn from closed session at 9:22pm.
ROLL VOTE: A YES; Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict
NAYS; None
MOTION ADOPTED
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to re-
lease the retainer and allow Michigan Municipal Risk Management Authority to
settle.
ROLL VOTE: A YES; Schweifler, Shepherd, Spataro, Aslakson, Benedict, Nielsen,
(Vice Mayor Sieradzki absent)
NAYS; None
EXCUSED; Sieradzki
MOTION ADOPTED
ADJOURNMENT:
The Regular Commission Meeting for the City of Muskegon was adjourned at
9:23pm.
Respectfully submitted;
Gail Kundinger, CMC/AAE
City Clerk
GK/do
Date: April 10, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Transfer Request
1301 E. Apple, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request to transfer ownership of the existing
2000 SOM license at 1301 E. Apple from Gurmett Singh and Jaswinder
Singh solely to Jaswinder Singh.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
A flirmat in• Action
23 1/724-6 703 '
FA\/722- 12 14
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23 1/724-6 708
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( \ ~IH L'll' l"Y
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Co mm. & ~fr il,!h, March 13 , 2001
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F.-\ X/7l/,-2Stl I
E11 J;!in c c1·in~ To: The City Commission through the City Manager
231 1724-6707
F.I X/727-6904
From: ~ L . l ~ a Q, . L
Fi uan i.:t•
23 1/724-(,7 13 ntHny L. Kleibecker, Chief of Police
F..1\ /724-<,768
Fin· Dt•pt. Re: Transfer of Ownership of Liquor License at 1301 E. Apple Avenue
23 1/724-6792
F. IX/72 4-6985
ln i.: oml' T a \
23 1/724-6770 The Muskegon Police Department has received a request from the Liquor Control
F.1 \172 4-6768
Commission for an investigation concerning the transfer of the current 2000 SOM license
Info. Sys fl• ms located at 1301 E . Apple. The applicants involved are Gurmeet Singh and Jaswinder
23 11724-6 744
F. \.\/722-Htl I Singh.
Ll•is u n • Sl'r \'in ·
23 I 1724-6704 The request is to transfer of ownership of the license solely to Jaswinder Singh. Mr.
FA \ /724- 11 %
Singh resides at 549 Marlane Street, Muskegon, Michigan 49442. He currently works at
.\la 11a~c r \ Offiet· the establishment which is retail business .
23 1/724- 6724
F,\ \/722- 12 14
We have searched our records and conducted a Michigan Criminal History Check and
1\ la yo r's Offii.:c
23 I /724-/,70 I find no reason to deny this request.
F..\\/722- 1214
Scrvi1.:cs
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Po lil:c Dept.
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P11 hli r \ Vurlmmendatihris ..··
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 D No
If you are recommending approval subject to certain conditions, list the conditions: (Allach a signed and daled report If more space Is needed)
I Sectiorf4~ Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? [Kl Yes No •
2. Is the. proposed location satisfactory for this business? 1RJ Yes No •
3.
4.
Should this request be granted by the Commission? @ Yes No •
If any of the above 3 questions were answered no, state your reasons: (Allach a signed and daled report If more space Is needed)
Sig~re (Sherill or Chief of Police) Dale
LC· 1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
/
or LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909 - 7505
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
DATE:March 1, 2001
REQUEST ID# 103266
Chief of Police
Muskegon Police Department
980 Jefferson Street
Muskegon Mi 49440
Chief of Law Enforcement Office
Applicant: Bunty, Inc. request to transfer ownership of 2000 SDM
licensed business from Gurmeet Singh & Jaswinder Singh located at 1301
E. Apple, Muskegon, MI 49442, Muskegon County .
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.
NO FINGER PRINT NECESSARY
If you ha ve any questions, contact the Licensing Division at (517)
322 - 1400, after 10:00 a . m.
LC-1972 Rev. 6/92
4880-1658
nll
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 3-13-00
Re: Transfer ownership of 1301 E. Apple, Muskegon, ML
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Bunty, Inc. for transfer of
ownership of2000SDM licensed business from Gurmeet Singh & Jaswinder Singh
located at 1301 E. Apple, Muskegon MI 49442.
This transfer of license is solely to Jaswinder Singh. Mr. Singh resides at 549 Marlane
St, Muskegon MI 49442. He currently works at the establishment that is a retail business.
I have searched MPD records and conducted a Michigan Criminal History Check and
find no reason to deny this request.
Respectfully submitted,
data/common/Jsingh
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 Commission March 1, 2001
933 Terrance st REQUEST ID# 103266
P . o. Box 536
Muskegon, MI 49443 - 0536
The Liquor Control Commission has received an application from:
Bunty, Inc. request to transfer ownership of 2000 SDM licensed business from
Gurmeet Singh & Jaswinder Singh located at 1301 E. Apple, Muskegon, MI 49442,
Muskegon County. Stockholder Jaswinder Singh 549 Marline st, Muskegon, MI
49442 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
LC- 3104 Rev . 6/90
4880- 2068
nll RECEIVED
MAR 5 2001
MUSKEQ ON
CITY MANAG~r..•s
--------·--
OFFICE
-
LIQUOR LICENSE REVIEW FORM ·
Business Name: Bunty, Inc.
------------,-----------
AKABusinessName{ifapplicable): currently Dasmesh Mart (Sunny Mart)
Operator/Manager's Name: Jq..s w/lJ cle /' ~Ph
Business Address: 1301 E. Apple
Reason for Review:
New License D Transfer of Ownership W · Dance Permit D
Drop/Add Name on License • Trannsfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadiilllle for receipt of all. information: Apri 1 2, 200-1
Police Depa.rtmernt Approved D Denied D No Action Needed D
Income Tax Approved ~ ingO Amount:
Treasurer Approved!
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
C!erk.9 s Approved
• Owii:ngD Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Slignature ~~
Ga.ii A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: ___Bunty, _______________
Inc.
___;_:_ _
AKA Business Name (Jif applicable): currently Dasmesh Mart (S unny Mart) .
Operato.r/Ma-nager's Name: Jqs w/lJ Jf /' .>1gt'h
Business Address: 1301 E. Apple
Reason for Review:
New License D 'fransfer of Ownership D
@ · 'JIJJance Permit
Drop/Add Name on Lkel!Dse •· Trannsfeir Location D
Drop/Adld Stockholdeir Name 0 New JEnteirtainment Permit D
Other _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
JD>ea«:ltKine for receipt of all nnformmtion.: Apri 1 2, 2001
Police Depa.ll"tment Approved D Denied D No Action Needed D
Income Tax Approved. ~wingO Amount:
Treasurer Approved wing D Amoullllt:
Zoning Appll"oved! • Denied D Pending Z:BA •
Cleirk.9 s Approved.
• Ownng • Amount:
Fiire/][nspection Compllfance D Remaining Defods
Services
Department Signature ) ~ .3/xJlo J
' 7 T'
Gail A. Kum.dingew, Clity Cleirk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM ·
Business Name: Bunty, . Inc .
-------'- -- - ---------,--- - -- - - - - -
AKA Busi.ness Name (if applicable): currently Dasmesh Mart ( Sunny Mart)
OperatoR"/Manager's Name: (}g.s w/lJ Jf /' Or>/pb
Business Address: 1301 E. App l e
Reason for Review:
New License D 1'.ransfeir of Ownerslhuip @ · Dance Permit D
Drop/Addi Name on License Transfer Location. D
Dr-op/Add Stock!noldeir Name 0 New JEimtertainment Permit D
Other _ __ _ __ _ __ _ _ _ _ _ __ _ _ __ __ _ __
ID>eadilJi.JIRe for irecelipt of an iinfoirmatnon: Apr i 1 2, 200·1
Police Department Approved 0 Denned! 0 No Adlion Needed 0
Income Tax Approved! • Owing • Amount:
Treasmurer Approved
• Owing 0 Amount:
Zonim.g Approved ~l Denied! D Pending ZBA
'--
•
Clerk.9s Approved
• Ownng • Amount:
JFfre/Jfnspection Com.pllnance D Remaining Defects
Services
Department Signatllred ~
✓
Gain A. Kundinger9 City Cleirk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
· Business Name: Bunty, Inc.
- -----'--------,-----------
AKA Business Name (ff appiicable): current l Y Dasmesh Mart ( Sunny Mart)
Operator/Manager's Name:
Business Address: 1301 E. Apple
Reason for Review:
New License D l'rairnsfeir of Ownership @ · Dance Permit D
Drop/Add Name on Liiceimse D· D
l'raimsfer Locatnon
Drop/Add Stockholder Name D New Entertainment Peirmit D
Other _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ __
DeadRiillle for receipt of all mformatlion: Apri 1 2, 2001
Police Department Approved D Denied! D No Action Needed D
Income Tax Approved. • Owillllg D Amm111rnt:
Treasurer Approved
• Ownng D Amouumt:
Zoning Approved! • Demied D Pendnllllg ZBA •
Clerk' s Approved ~ Owing • Amouumt:
Fire/Inspection:n. CompHnance D Remaining Defects
Services
Gail A. Kuimcllinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: Bunty, Inc .
-------------,-----------
AKA Business Name (if applicable): currently Dasmesh Mart (Sunny Mart)
Operator/Ma-n ager's Name: S:,1g,toL
Business Address: 1301 E. Apple
Reason for Review:
New License D 1'raH11sfe1r of Ownerslhuip [iii · IDance Permit D
Dirop/Add l\fame on LiceH11se D· D
Transfer Locatfon
Drop/Add Stockh.oldeir Name D New lEimteirtainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DeadHiRD.e fmr receipt of all. illlfoirmation: Apri 1 2, 2001
Pollice Depairtmemt Approved D Denied! D No Adion Needed •
Income 1':ax Approved • Ow1hmg D Amount:
1'ireasuue:r Approved
• Owing D Amount:
Zolllilllg Approved • Denied D Pending ZBA •
Clerk's Approved D Ownng • Amount:
Fire/[nspection
Services
Compliance i Remaining Defects
Department Signatur~.tl..lJ-e.'
Gail A. Kundinger, City Cleirk
Liquor License Coordinator
Affirmative Action
616/724-6703
FAXn22-i214
Assessor
616/724-6708
FAX/724-.il78
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055
Clerk
616/724-6705
FAX/724-4178
Comm, & Neigh,
Services April 3, 2001
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Mr. Gordon Peterman, President
Finance Sheldon Park Neighborhood Association
616/724-6713 1132 Oakgrove
FAX/724-6768
Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX/724-6985 Dear Mr. Peterman:
Income Tax
616/724-6770 A request has been received from the Liquor Control Commission to transfer
f< ci E
D
Comm. & Neigh. D ti
a:
Services D
616/724-6717
FAX/726-2501 April 17, 2001
I"'-
I
0
0
Engineering
616/724-6707
FAX/727-6904
Finance Liquor Control Commission
616/724-6713
FAX/72<1-6768 7150 Harris
PO Box 30005
Fire Dept.
616/724-6792 Lansing, MI 48909-7505
FAX/724-6985
Income Tax REF: #103266
616/724-6770
FAX/724-6768
1301 E. Apple
Muskegon,MI 49442
Info. Systems
616/724-6706
FAX/722-430! To Whom It May Concern:
Leisure Service
616/7H-6704 Enclosed is the resolution and police inspection report (LC-1800) for the liquor
FAX/724-1196
license transfer 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
6 I 6/724-6701 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 Works
616/124-41_00
FAX/722-4138
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
F AX/724-6763
Water Filtration
616/724-4106
F AX/755-5190
Ciiy of 1½!11l§kegon, 933 1ferrnce §!reel, IP'.O. l!llox 536, l½[i,sll,egon, Ml 49II
2.l iH-6703
F,\.\/722- 12 H
.-\ss\'sso r
23 I /724-(,708
F.-\ .\/726-5 18 1
(_\ •nu•l l'I} '
23 I /724 -(,783
F.-\.\/726-56 17
Ch·il Scn ·in•
231/724-67 16
F..\X/72 • -• • os
West Mlch.lgan's Shoreline City
Cll-rl,
23 1/7H-67115
F.\ :\/72• -4 178
April 2, 2001
Sl'r\'in.•s
23 I /724-(, 7 17
F.-\:\ /72/,-2511 I
En!!,incl'rin g
To: The City Commission through the City Manager
23 1/72 4-6707
F,-\.\/727-69114
From: ~ L _/ ~ -
Fi11a11n•
23 1/724-/, 713
kirtony L. Kleibecker, Chief of Police
F.-\.\ /7 24-67/,8
Fi n · lkpl.
Re: Transfer of Ownership of Liquor License at 1601 Beach Street
2J 1/724-6792
F.\:\/7H-(,9X5
l 11cu111L· Ta~
2J I /724-6 770
The Muskegon Police Department has received a request from the Liquor Control
F.-\:\ /72 • -67(,8 Commission for an investigation concerning the transfer of the current license at 1601
In fo. Systems
Beach St, Pavilion Building, Muskegon MI. 49441 from applicant Beach Street Inn, Inc.
23 l /724-67H
F. \.\/72 2-4311I
Beach Street Inn is requesting to transfer ownership of the current 2000 Class C-SDM
LL·i ~urc St' t-Vin·
23 I /724-6 704
licensed business (in escrow) with Dance-Ente1iainment Permit, Official Permit (food),
Fr\.\/72• - 1I% Outdoor Service (2 area"), and two bars from Marquette, Inc.
;\ lana~l'r's Orfin~
13 1/724-(, 724 Our department has met with the applicant, Steve M. Schenck of 11517 Windsor Dr,
F,\X/722-1214
Spring Lake, MI. , 49345. Mr. Schenck plans to keep the entertainment permit and have
1\l:1yor's Officl' music from both bands and pre-recorded background type music.
2.l I /724-6 7111
F.-\X/722- 12 14
We have searched our records and conducted a Michigan Criminal History Check and
St.·n ·in·:-. find no reason to deny this request.
23 1/ 724-67 I 5
F.-\X/726-2511 1
Plan11i11~/Zon i 11g
23 1/724-c.702 TK/cmw
Fr\:\/724-67911
Po lin.· l>l'pt.
2.l 1/724-/, 7511
F.-\X/722-51411
Puhlir \Vorl,s
2J 1/724-411111
F,\.\/722 -4 IXX
Tn·:1s 11n~r
23 I /724-6 7211
F,\X/724-6768
\l'alcr Billing D,•pl.
2J 1/7H-(,7 IR
FAX/724-/,76R
\\'atL•r F iltrat ion
2J 11724-4 I06
F.-\:\/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 3-30-00
Re: Transfer of ownership/ liquor license
ChiefKleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Beach Street Inn, Inc., Pere
Marquette Park, 1601 Beach St, Pavilion Bldg., Muskegon MI. 49441.
Beach Street Inn is requesting to transfer ownership of2000 Class C-SDM licensed
business (in escrow) with Dance-Entertainment Permit, Official Permit (food), Outdoor
Service (2 area"), and 2 bars from Marquette, Inc.
I have met with the applicant, Steve M. Schenck of 11517 Windsor Dr, Spring Lake, MI.,
49345. Mr. Schenck plans to keep the entertainment permit and have music from both
bands and pre-recorded background type music.
I have searched MPD records and conducted a Michigan Criminal History Check and
find no reason to deny this request.
Respectfully submitted,
,//£'.'.~~ ... ··••. - -
Det. Kurt Dykman
data/common/schenck
LIQUOR LICENSE,REVIEW FORM
. 'i .
Business Name: Beach Street Inn, Inc.
AKA Business Name (if applicable): -=Ja:::..:l~a=pe::.:.n:.::.o....:'s=----------
Operator/Manager's Name: Steven M. Schenck
---'---'----------------
Business Address: 1601 Beach Street
Reason for Review:
New License D Transfer of Ownership ~ Dance PermitD
Drop/Add. Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DeadlU.ne for ireceipt of all information: April 2 2001
Police Department Approved Bnenied 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 Signatu:re_ ____.;/1
:.......;.;
" """'--t _ 1_.Z=jb
- ~_.o_,,.._. . _JL.,_,...
_ _ _ _ _ _ _ __
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, Ml 48909-1505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Ref#
Req ID#l03560
Date: March 9, 2001
To: Muskegon City Commission
933 Terrace Street
PO Box 536
Muskegon, MI 49443-0536
Applicant: BEACH STREET INN, INC.
HOME ADDRESS AND PHONE NO:
Steven M. Schenck, 1601 Beach Street, Muskegon, MI 49441 H&B(616)485-1293
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 8/98
4880-1234
STEVEN 1\11. SCHENCK 7.95 9-32/720 11 7 5
UC. S520777603177 275000529170 /
11517 WINDSOR OR.
SPARTA, Ml 49345
DATE ?&I~~/
1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - n n 1 1 S , , w ,
STEVEN 1\11. SCHIEI\ICK 7.95
9-32/720
UC. S520777603177
275000529170 1176
J&/4,/
11517 WINDSOR DR.
SPARTA, Ml 49345
DATE
PAYTOTHE
ORDER OF _,;r4 7a ,-_,,,:: d?'J "TL I/Z L' )hi, I$ /5 .,,.,:,
/ ) ,F ~J.A!,7 ~-=-~ DOLLARS lcrli!,,;!f;:-
=
!BJjj!JI/I!}[=
:=@/!!/IE.
Bank Ona """
Detroit, Michlgari 48226
£"' IJ. •,_
MEMO ~ v ('4 >,;I} ;,
I
n:o 7 2000 :3 2 bu:
LIQUOR LICENSE REVIEW FORM
Business Name: Beach Street Inn, Inc .
AKA Business Name (if applicable): _..;_Ja"--l-"-a._pe'--n-'-0_s_ _ _ _ _ _ _ __
1
Operator/Manager's Name:
-Steven
' - -M.- Schenck
------------
Business Address: 1601 Beach Street
Reason for Review:
New License D Transfeir of Ownership @] D
Dance Permit
Drop/Add Name on License • Transfer Location D
Di'op/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for :receipt of all information: __Ap,__r_i_l_2-'-2_00_1_ _ __
Police Department Approved D Denied D
No Action Needed D
rv(~ 1--Y~~ ~AA u l\ A--rl1 r'11-Y\
Approved A - - - - - - - (l'owmblp Boord, City or Villago Council)
calledtoorderby Mayor Nielsen on April 10 l 2001 at 5:30 P.M.
The following resolution was offered:
Moved by Comm i ssioner Benedi ct and supported by Vice Mayor Sieradzk i
That the request from BEACH STREET INN, INC. to transfer ownership of 2000 Class c
licensed business with Dance-Entertain.~ent Per~it; located in escrow at Pere Marquette
Park, 1601 Beach, Pavilion Bldg., Muskegon, MI 49441, Muskeg.on County, from MARQUETTE,
INC .
be considered for A rova l
(Approval or Diupproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - -- - --(R.:eomm,---icndod-or_
no_tRc<
-- , m-me_ndcd_)- - - - - - - - - - - - --
State of Michigan _ _ __ _,
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
c t~y'-C__o_m_m_is--s__i._ao__n_ _ _ _ _ _ at a __R_e_.g_u_la_ r_ _ _ _ _ _ _ _ __
adopted by the ___ ,=·
(l'own.,hip Boord, City or VU!ag,, Council) (11<,gular or Spe,,ial)
meeting held on Apr i 1 10, 2001 •
((late)
SEAL (Signed) ~
(Mailing llddlUS ofTowo.,hip, City of Village)
Muskegon, MI 49443-0536
CITY OF lvIBSKJEGON
lv1USKJEGON COUNTY, lVi!ICffiGAN
Resol1.1tio11 No. 2001-36 ( c)
A Resoiution approving lease of the business and buiiding
subject to the Ground Lease at 1601 Beach Street.
Recitals
1. The City of Muskegon has entered into a Ground Lease for certain land located at 1601 Beach
St. with Pavilion Properties, L.L.C., upon which is located a building and other improvements owned by
Pavilion Properties L.L.C. and used for a restaurant and bar business, a use which is required to be carried
on by the said lessee under the Ground lease.
2. The ground lessee, Pavilion Properties, L.L.C., wishes to operate its business in the building
through a subsidiary entity, known as Beach Street Inn, Inc., which would be a lessee of the building
owned by the ground lessee.
3. T'nat there has beeu uo requesi by the ground lessee to assign or otherwise alienate its
responsibilities under the ground lease, and all the responsibilities of the ground lessee to the City, (ground
lessor), remain unchanged.
4. That the purpose of the request relates solely to the responsibilities of the ground lessee under
the ground lease.
NOW, TIEIEREFORE, the City Commission of tlile City of Muskegon, relyil!lg upo11
am.D incorporatilllg tile above recitals, hereby resolves:
That the lease arrangement for the building between Pavilion Properties, L.L.C. and Beach
Street Inn, Inc., is approved, PROVIDED that Pavilion Properties, L.L.C. shall remain fully
responsible to the City for all requirements of the Ground Lease, and PROVIDED any act or
omission by Beach Street Inn, Inc. shall be fully chargeable to, and shall be the responsibility of,
Pavilion Properties, L.L.C. The City recognizes no separate right of Beach Street Inn, Inc., in the
ground lease or the land which is the subject of that ground lease. Beach Street Inn, Inc. shall be
entirely subject to all requirements and responsibilities of Pavilion Properties, L.L.C., and shall
not be entitled to any separate notices or any separate rights.
In the event the lease provides anything contrary to the contents of this resolution, this
resolution shall be void and the consent to the lease to Beach Street Inn, Inc. shall not exist.
r:-rP.kt\rP.~nh1tion l'l.nnrovino lP.il<::P.
2001-36(c)
THIS RESOLUTION ADOPTED
AYES Aslakson, Benedict , Niel sen, Schweifl er, Shepherd, Sieradzki, Sp atar o
NAYS None ·
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Ivlichigan, held on the 10th day
of Apr i 1 , 2001 , and that the minutes of the meeting are on file in the office
of the City Clerk and are available to the public. Public notice of the meeting was given pursuant
to and in compliance with Act 267, Public Acts ofMic~ 6.
- -'---"--=-=c-=-.,,'----'~ - -- - - --1'"--- -
Gail A Kundinger, City Clerk
Req ID #103560 Michigan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
a, ,
IP'OUCiE !NSIP'IEClr!ON RIEIP'O, .• ON UQI.JOR llJCrENSIE FllEQllilES"i 7 i 50 Harris Drive
P.O. Box 30005 •
(Authorized by MCL 436. 7a)
Lansing, Michigan 48909-750 ; .
Important: Please conduct your inves!igalion "• soon as possible and complete ,ill lour sections of !his report. / j /S .,()/
Return lhe completed report and lingerprini cards lo !he Commission. /
1
3/
BUSINESS NAME AND ADDRESS: (include zip code) Muskegon. ounty
BEACH STREET INN, INC., Pere Merquette Park, 1601 Beach, Pavilion Bldg., Muskegon, MI 49441,
REQUEST FOR: Transfer ownership of 2000 Class C-SD'l licensed business (in escrow) with Tunce-Entert:airurent Permit,
Official Permit (Food), Outdoor Service (2 areas), mid 2 bars, from MARQUETIE, INC.
Section ·1.
APPLICANT #1: APPLICANT #2:
Steve M. Schenck - Stockholder
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1601 Beach Street
Muskegon, MI 49441
DATE OF BIRTH: "°> .g-. i./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?
0 Yes ONo D Yes D No
o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status:
Date fingerprinted: Date fingerprinted:
ARREST RECORD: 0 Felony D Misdemeanor ARREST RECORD: 0 Felony D 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)
Can living quarters be reached from the inside of the establishment without going outside? D Yes Ji;l' No
Does applicant)ntend to have dancing or entertainment?
D No 1K] Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ~ No D Yes, e"plain relationship:
Will the applicant's proposed location meeMII 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 Section 4. f'!eeoinmendaiion
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~ Yes O No
2. Is the. proposed location satisfactory for this business? 0Yes O No
3. Should this request be granted by the Commission? 13'.J.Yes O No
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)
Signature<(sheriff or Chief of Police) Date
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
STATE OF MICHIGAN
JPARTMENT OF CONSUMER & INDUSTRY SER
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Ml 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/BNTERTAINMENTfl'OPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
BEACH STREET INN INC.
APPLICANT/LICENSEE PHONE NUMBER
1601 Beach St Muskegon Mus~egon 49441
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing
by customers. YES "Jll.._ NO • NI A •
2. Describe the type of entertainment applicant/licensee will provide: N/A D
Music- band & pre-recorded
3. Will this entertainment include topless activity? YES D NO Ji._ NIA •
DANCE PERMIT YES '¢_ NO • NIA •
ENTERTAINMENT PERMIT YES ~ NO • NIA •
TOPLESS ACTIVITY PERMIT YES • NO )ia' NIA •
~ '- · / ~· 'Y - 13 - 0 (
DATE SUBMfITED OFFICER'S SIGNATURE
Muskegon Police Department 231.724.6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson Ave. Mus 1Ho res
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CHECK DATE REFERENCE NUMBER
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11•0 2 31.,81.,11' ,:o 3 I, 1,0 1,0 I, 71: 'l 5 0000b 5 311•
Date: April 1 O, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MOOT Agreement for:
Barclay Street, Sherman to Hackley
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Barclay Street
from Sherman to Hackley and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT participation is about $366,628 but not to exceed 81.85% of eligible cost. The
estimated total (including engineering) cost of the project is $600,000.
8UDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2001-37 ( l)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION (BITUMINOUS SURFACE, C & G, GRADING, SIDEWALK AND ALL
NECESSARY RELATED WORK) ON BARCLAY STREET FROM SHERMAN TO HACKLEY AVE.
AND AUTHORIZATION FOR MAYOR, FRED J. NIELSEN, AND CITY CLERK, GAIL A KUNDINGER,
TO EXECUTE SAID CONTRACT
Moved by Cammi s s i oner Spataro and supported by
Commissioner As l ak son that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 01-5108 between the Michigan
Department of Transportation and the City of Muskegon for the RECONSTRUCTION OF BARCLAY
Street between Sherman And Hackley within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 01-5108 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 10th day of April , 2001.
BY ~ -~
Fred J. Nielsen, Mayor
ATTEST Jk0. ~W
Gail A. Kundinger, City Clerk
2001-37 ( l )
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
Apr i 1 ·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.
FMUSKEGON
STP DIR
Project STP 0161(213)
,cCEIVtu Job Number 50054
CITY OF MUSKEGON Control Section STUL 61407
Fed Item# HH2787
I HIR·
'"' l
0
d 0 "(.;)11 01 Contract No. 01-5108
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made and entered into this date of_ _ _ _ _ _ _ _ _ _ _ , by and between the MICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJE_CT" and estimated in detail on EXHIBIT "I", dated March 22, 2001, attached hereto
and made a part hereof:
Bituminous pavement work along Barclay Street from Sherman Boulevard to
Hackley Avenue; including earthwork, drainage structures, and curb and gutter work;
and all together with necessary related work.
WITNESSETH:
WHEREAS, ;ursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the, PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form ofa written
contract.
09/06/90 STP.FOR 3/22/01 I
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical constmction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, constmction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C-. Perform or cause to be performed the construction engineering and inspection
services necessary for the completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any tmnkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in part by contributions by the Federal
Government. Under the terms of this contract, Federal Surface Transportation Funds shall be applied
09/06/90 STP.FOR 3/22/01 2
to the eligible items of the PROJECT COST at the established Federal participation ratio equal to
81.85 percent up to an amount not to exceed $366,628. The balance of the PROJECT COST, after
deduction of Federal Funds, shall be charged to and paid by the REQUESTING PARTY in the
manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds shall be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein provided.
All payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail. ·
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
'
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat of release of any hazardous substance found within the PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
09/06/90 STP .FOR 3/22/01 3
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs of remediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
10. If, subsequent to execution of this contract, previously unknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall immediately notify the DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
'
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
09/06/90 SIP.FOR 3/22/01 4
The providing of recommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102). ·
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes of MCL 691.1402; MSA 3 .996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
16. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result of being named as an insured
on the owners protective liability insurance policy.
09/06/90 STP.FOR 3/22/01 5
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured. ·
17. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
. attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
Title: Fred J·. Nie 1sen
o
Mayo · , /
By ~ ·.c!<~LJ
Title: Gai 1 A. Kundinger d
City Clerk
'
09/06/90 SIP.FOR 3/22/01 6
March 22, 2001
EXHIBIT I
PROJECT SIP 0161(213)
JOB NUMBER 50054
CONTROL SECTION STUL 61407
ESTIMATED COST
CONTRACTED WORK
Estimated Cost $549,200
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $549,200
Less Federal Funds* $366.628
BALAL"\ICE (REQUESTING PARTY'S SHARE) $182,572
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amount not to exceed $366,628.
NO DEPOSIT
09/06/90 SIP.FOR 3/22/01 7
DOT TYPEB
BUREAU OF HIGHWAYS
03:15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION III ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V _SPECIAL PROGRAM AND PROJECT CONDITIONS
1
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 of the Code of Federal Regulations (CFR), and
all supplements and amendments thereto.
1. Engineering
a. F APG (23 CFR 140G): Payroll & Related Expense of Public Employees;
General Administration and Other Overhead; and Cost Accumulation
Centers and Distribution Methods
b. FAPG (6012.1): Preliminary Engineering
c. F APG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
d. F APG (23 CFR 635A): Contract Procedures
2. Construction
,
a. F APG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. F APG (23 CFR 140B): Construction Engineering Costs
C. FAPG (23 CFR 140G): Reimbursement for Employment of PublJc
Employees on Federal-Aid Projects ·
d. F APG (23 CFR 17): Recordkeeping and Retention Requirements for
Federal-Aid Highway Records of State Highway Agencies
e. FAPG (23 CFR 635A): Contract Procedures
f. FAPG (23 CFR 635B): Force Account Construction
g. F APG (23 CFR 645A): Utility Relocations, Adjustments and
03-15-93 2
Reimbursement
h. FAPO (23 CFR 645B): Accommodation ofUtilities (PPM 30-4.1)
1. F APO (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
3. Modification Or Construction Of Railroad Facilities
a. FAPO (23 CFR 1401): Reimbursement for Railroad Work
b. F APO (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political
subdivisions party to this contract, on those Federally funded projects which exceed a
total cost of $100,000.00 stipulate the following with respect to their specific
jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this
contract is not listed on the Environmental Protection Agency (EPA) List of
Violating Facilities issued pursuant to the requirements of the Federal Clean Air
Act, as amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean _fl.ir Act and Section 308 of the Federal Water Pollution Control
Act, and all regulations and guidelines issued thereunder.
,
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be
utilized in performance under or to benefit from this contract is under
consideration to be listed on the EPA List of Violating Facilities.
,. ',.
' ~ '.'
D. Ensure that the PROJECT is constructed in accordance with and incorporates_all
committed environmental impact mitigation measures listed in approved environmental
documents unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it detennines is
required by the PROJECT in order to facilitate the obtaining of available federal and/or
state funds.
B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT
work. Prior to advertising of the PROJECT for receipt of bids, the REQUESTING
PARTY may delete any portion or all of the PROJECT work. After receipt of bids for
the PROJECT, the REQUESTING PARTY shall have the right to reject the amount bid
for the PROJECT prior to the award of the contract for the PROJECT only if such
amount exceeds by twenty percent (20%) the final engineer's estimate therefor. If such
rejection of the bids is not received in writing within two (2) weeks after letting, the
DEPARTMENT will assume concurrence. The DEPARTMENT may, upon request,
readvertise the PROJECT. Should the REQUESTING PARTY so request in writing
within the aforesaid two (2) week period after letting, the PROJECT will be cancelled
and the DEPARTMENT will refund the unused balance of the deposit less all costs
incurred by the DEPARTMENT.
C. The DEPARTMENT will perfonn such inspection services on PROJECT work
perfonned by the REQUESTING PARTY with its own forces as is required to ensure
compliance with the approved plans & specifications.
P. On those projects funded with Federal monies, the DEPARTMENT shall as may be
required secure from the FHWA approval of plans and specifications, and such cost
estimates for FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be perfonned in confonnance with the
Michigan Department of Transportation Standard Specifications for Constructicin, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT
and all materials furnished and used in the construction of the PROJECT shall confonn to
the aforesaid specifications. No extra work shall be perfonned nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency, firm,
person, or corporation, under a subcontract with the REQUESTING PARTY at
PROJECT expense, such subcontracted arrangements will be covered by formal written
agreement between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable
and the basis of payment; provide for the maintenance of accounting records in
accordance with generally accepted accounting principles, which clearly document the
actual cost of the services provided; provide that costs eligible for reimbursement shall be
in accordance with clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 3 I,
23 CFR Part 140, 0MB Circular A-87, etc. as applicable; provide for access to the
department or its representatives to inspect and audit all data and records related to the
agreement for a minimum of three years after the department's final payment to the local
unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHW A prior to execution thereof, except for agreements for amounts
less than $25,000 for preliminary engineering and testing services executed under and in
accordance with the provisions of the "Small Purchase Procedures" F APG (23 CFR 172),
which do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of
the subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUES[ING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall
make such arrangements with railway companies, utilities, etc., as may be necessary for
the performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as.necessary, all agreements and approvals of the PROJECT with railway
companies, the Railroad Safety & Tariffs Division of the DEPARTMENT and other
concerned governmental agencies other than the FHWA, and will forward same to the
DEPARTMENT for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all
billings for the services performed on the PROJECT which are authorized by or through
the REQUESTING PARTY.
L. The REQUESTING PARTY shall submit.to the DEPARTMENT all paid billings for
which reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as
well as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions. ·
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable
Federal and State requirements and regulations, neither assumes nor becomes liable for
any obligations undertaken or arising between the REQUESTING PARTY and any other
party with respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire
PROJECT or portions thereof, the DEPARTMENT, prior to advertising or issuing
authorization for work performance, may cancel the PROJECT, or any portion thereof,
and upon written notice to the parties this contract shall be void and of no effect with
respect to that cancelled portion of the PROJECT. Any PROJECT deposits previously
made by the parties on the cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all t4nes by
the DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1.
.
The REQUESTING PARTY shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment of Federal Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable
expenses or any other issue under this contract, the REQUESTING PARTY shall
thereafter continue to maintain the RECORDS at least until that dispute has been
finally decided and the time for all available challenges or appeals of that decision
ha~·expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT
indicates an adjustment to the costs reported under this contract, or questions the
allowability of an item of expense, the DEPARTMENT shall promptly submit to
the REQUESTING PARTY, a Notice of Audit Results and a copy of the audit
report which may supplement or modify any tentative findings verbally ·
communicated to the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENTindicatingwhether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item of
expense. Where the documentation is voluminous, the REQUESTING PARTY may
03-15-93 7
supply appropriate excerpts and make alternate arrangements to conveniently and
reasonably make that documentation available for review by the DEPARTMENT.
The RESPONSE shall refer to and apply the language of the contract. . The
·REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty
(60) day period constitutes agreement with any disallowance of an item of expense
and authorizes the DEPARTMENT to finally disallow any items of questioned or no
opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. Ifthe DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of! 95 I
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PART¥ expressli consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of,1984, P.L.
9&-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant numbers(s ). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 reqirements.
f. All'agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work-All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent FAPG Directives and Guidelines of the FHWA.
"J. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
4. . Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies, the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments ofFederal funds, and where applicable, State
Critical Bridge. funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments w!U·be made
within thirty (30) days ofreceipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the contracted, and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be adyised
and billed for the additional amount of its share.
C. General Conditions:
1. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART IL If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (10) days,
said Stllte Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
f
,,
,·,.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items ofcosts previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of.final
. audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (100%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
'
, ·.
':,'.'"
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a.· Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109( d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
•of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
ofnon-limited access right-of-way may be allowed based on consideration for
traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circiimstances.
C. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, if required.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within theirrespective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or wallcways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill theirrespective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
'
,' (...-
03-15-93 14
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY maybe required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (I 0th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY maybe required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, atno cost to the
PROJECTortheDEPARTMENT, will provide such accident information as is available and
such other'information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to theDEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000ri"-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
'PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
t. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height,
weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478,
Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment
with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to
employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job
or position. A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age,sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5, The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
. 7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
1\ilichigan Civil Rights Commission, said forms may also elici~ information as to the practices, policies, program, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor ,Yill permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation
to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights
Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that'a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission niay, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers,
and including the governing boards of institutions of higher education, until the contractor complies with said order of
the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons
with whom the contractor is declared ineligible to contract as a contracting party in future contracts, In any case before
the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall
be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such
proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts.Including Procurements ofMaterials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under
a subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliai1ce with such Regulations or directives. ,vhere any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
so certify to the Michigan Department of Transportation, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
'
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, hut not limited to:
(a) Withholding of payments to the contractor under the contract until the contra:tbr complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for
non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request
the 1"1ichigan Department of Transportation to enter into such litigation to protect the interests of the
State, and, in addition, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of·US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient ofits failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not i'.'
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted CJJntracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
C/4>F rL~t,c,__) ,j"'
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Date: April 10, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Continuation of Public Hearing
Create Special Assessment District for:
MILLARD AVE., LAKE DUNES DRIVE WEST END
SUMMARY OF REQUEST:
To continue the public hearing on the proposed special assessment of the Millard from
Laked Dunes to West End project, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to proceed with
the project. Per your instruction on March 2ih, we have revised the design of the proposed
road to reflect a width of 22' back to back. The property owners affected by the proposed
assessment have been notified and a drawing showing the revisions was mailed.
Furthermore, It is respectfully requested that if the district is created to award the a contract
to Jackson Mekery who was the lowest responsible bidder with a bid price of $129,888.70
FINANCIAL IMPACT:
Constriction cost plus related engineering cost.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No.- - - - -
Resolution At First Hearing Creating Special Assessment District
For Millard from Laked Dunes to West End
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on March 27, 2001 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility repmt and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 27, 2001, there were _ _ _% objections by the owners of
the prope1ty in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the prope1ty to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
prope1ty set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners - - - - - - - - - - - - - ~ a n d _ _ _ _ _ _ _ _ _ __
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 44.85% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 27, 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
By _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
EXHIBIT A
MILLARD FROM LAKED DUNES TO WEST END
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of All properties abutting Millard from Lake Dunes to
West End
----~_-)
,--- --
1
0/'.
Q)
-- --j
.-\rlirmati, c .-\ction
2:1172H,7U3
F.\:\1722-121-t
MUSKEGON
.\,.,L''SUI"
23ll72H,70S
F\:\1726-:'irnl March 30, 2001
( ·1.·m1·1cr~
231;724-67/iJ
F.\\.,726-% Ii
( 'h ii Sn1 ice
231/72.H,716
l-"\\,724-4405
West Michigan's Shorellne aty
( IL·rh
23l/i24-(,705
F.\\,'.'24--117/i
2.111724-(,"17
I·\ \:'121,-2:'ilfl
~.11):1111.TriUg
2J 11724-(,707
F. \\i7 2 7-(,'J04 Dear Property Owner
Fi11a11n•
231<'24-(,713 You are cordially invited to attend the City Commission meeting scheduled for April 10,
F \\,'':2-t-(,i(,S
2001 at 5:30 in the Commission Chambers to express your opinion on the proposed
1-tn· l>cpl.
!J l,'724-(,7')2
creation of the special assessment district on Millard from Lake Dunes/Millard to the
F. \\.17 24-6'JS5 West End. This meeting is the result of the City Commission action to continue the
lnc1Hlll' l':n
hearing on the aforementioned date and time.
231/724-(,770
F.\\/724-67(,/i
The continuation of the hearing was to allow staff the time to share with you a revised
Info. -,~,tcms proposal in an effort to address many of the concerns that you expressed. Therefore, we
2.111724-(,744
I· \\.722-HUI are proposing the following;
Ld,urc Ser, ic,..
23l!i24-6ill.J 1. Pavement Width;
F.-\\/724-11%
\l:111ag1.•r', Oflin• Unlike our original proposal of 24' and 27' back to back pavement, we are revising our
!Jl/72-1-1,724
I· \\1722-121-1 plans to reflect a total width of22' (including a 2' -rolled curb & gutter) for the entire
\la~or\ ()ffit:,..
length of the project. This proposal will have minimal impact on exiting lawns since the
!Jl/724-(,701 existing pavement width is about 20'.
F.\\1722-1214
2. Location of the proposed pavement;
231/i24-C,il5
I· \\l"2(,-!5U1
Again, unlike our original proposal where we attempted to center the proposed pavement
l'lan11ingi'/.n11i11g on the centerline of the right of way to give both sides an equal frontage, we revised the
2.\1/724-(,702
F. \ \172 -t-/1 7'111
plans and instead we are centering the proposed pavement on the centerline of the
existing pavement. The proposed pavement will, to extent possible, follow the alignment
l'ulin· lk11t.
2.11;7!-t-(,7:'il) of the existing pavement.
F.\\1722-5140
J>uhlk \\ orks To assist your understanding of this latest proposal, I am enclosing a copy of that section
:?Jl/724-4100
F \\li22-41S/i
of the proposed plans that relates to your property (ies). The enclosed drawing depicts
the existing pavement (red), the proposed edge of curb (black), the right of way lines
·1·n•a,un•r
231/724-(,720 (skip black lines) and the measurement between the existing edge of pavement and that of
F.-\\1724-(,7M the proposed back of curb.
\\ ,1t1."r Billing lkpt.
231/724-6718
F,\\1724-67(,8
\\ ,1i...r Filtralion
231/724-410(,
F,\\/755-52'>0
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Since the action that the City Commissioners took last Tuesday was to continue the
hearing at their April 10th , 2001 meeting, please be advised that your previously
submitted response will be counted as marked unless you change your vote.
Furthermore, if you would like to change your vote, we have enclosed a new response
card that reflects the revised assessment cost, which is based on a 22' street width. Please
use the aforementioned card to express your vote on the revised proposal.
Should you have any questions regarding this project please call me at 724-6707 or stop
by our office to review the revised proposal.
Sincerely,
/)7/c-Aa~~ J
Mohammed S. Al-Shatel, P.E.
City Engineer
Encl.
SPECIAL ASSESSMENT
REVISED HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: April 10, 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
Drive to the west end of Millard Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address:
Parcel Number
MAP Number:
Assessable Frontage:
Estimated Front Foot Cost: $29.62 per Foot. based upon a 22' width
ESTIMATED TOTAL COST
Property Description
CITY OF MUSKEGON BLUFFTON BAY ESTATES CONDOS MUSKEGON COUNTY CONDOMINIUM PLAN #61 UNIT 31
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
• I AM OPPOSED
•
_ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature Signature - - - - - - - - - - - -
Address Address
Thank you for taking your time to vote on this important issue.
REVISED ASSESSMENT LIST
H-1520 Millard Avenue, Lake Dunes Drive to end.
24-156-000-0031-00 MORGAN DANIEL K/ANN E ASSESSABLE FEET: 56.14
24-30-34-156-031 3401 LAKE DUNES DR COST PER FOOT: $29.62
@ 3401 LAKE DUNE MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,662.87
# 1
24-592-000-0006-00 BARKEL JOHN/BARBARA ASSESSABLE FEET: 91
24-30-33-234-033 3224 MILLARD AVE COST PER FOOT: $29.62
@ 3224 MILLARD AV MUSKEGON Ml 49441-1602 ESTIMATED P.O. COST: $2,695.42
# 2
24-592-000-0007-00 OLSEN JOHN B ASSESSABLE FEET: 80
24-30-33-234-034 3236 MILLARD AVE COST PER FOOT: $29.62
@ 3236 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,369.60
# 3
24-156-000-0032-00 BLUFFTON BAY ESTATES LLC ASSESSABLE FEET: 89
24-30-34-156-032 500 TERRACE PLAZA COST PER FOOT: $29.62
@ 3241 MILLARDAV MUSKEGON Ml 49440 ESTIMATED P.O. COST: $2,636.18
# 4
24-592-000-0008-00 MORGAN DANIEL K ASSESSABLE FEET: 80
24-30-33-234-035 3246 MILLARD AVE COST PER FOOT: $29.62
@ 3246 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,369.60
# 5
24-156-000-0033-00 MILLER BRUCE R/JUDITH A ASSESSABLE FEET: 85
24-30-34-156-033 3230 ROOSEVELT RD COST PER FOOT: $29.62
@ 3251 MILLARD AV MUSKEGON Ml 49441-3963 ESTIMATED P.O. COST: $2,517.70
# 6
24-592-000-0009-00 LANGLOIS ROBERT/KATHLEEN ASSESSABLE FEET: 80
24-30-33-234-036 3258 MILLARD AVE COST PER FOOT: $29.62
@ 3258 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,369.60
# 7
03/30/2001 9:08:20 AM Page 1 of 4
REVISED ASSESSMENT LIST
H-1520 Millard Avenue, Lake Dunes Drive to end.
24-156-000-0034-00 DUTKIEWICZ PATRICK/JANICE ASSESSABLE FEET: 85
24-30-34-156-034 960 W SHERMAN BLVD COST PER FOOT: $29.62
@ 3261 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,517.70
# 8
24-156-000-0035-00 BLUFFTON BAY ESTATES LLC ASSESSABLE FEET: 90
24-30-34-156-035 500 TERRACE PLAZA COST PER FOOT: $29.62
@ 3271 MILLARD AV MUSKEGON Ml 49440 ESTIMATED P.O. COST: $2,665.80
# 9
24-506-002-0032-00 ISLEY NOBLE JR ASSESSABLE FEET: 100.34
24-30-33-234-026 3280 MILLARD AVE COST PER FOOT: $29.62
@ 3280 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,972.07
# 10
24-506-004-0001-00 HORTON DORIS J TRUST ASSESSABLE FEET: 158.46
24-30-33-200-029 3291 MILLARD AVE COST PER FOOT: $29.62
@ 3291 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $4,693.59
# 11
24-506-002-0030-00 LOCKE THOMAS A ASSESSABLE FEET: 102.1
24-30-33-234-025 3292 MILLARD AVE COST PER FOOT: $29.62
@ 3292 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,024.20
# 12
24-506-002-0034-00 SCHNOTALA RICHARD J ASSESSABLE FEET: 75
24-30-33-234-027 3303 MILLARD AVE COST PER FOOT: $29.62
@ 3303 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,221.50
# 13
24-506-004-0003-00 WELLISE JAMES ASSESSABLE FEET: 100
24-30-33-200-028 3307 MILLARD AVE COST PER FOOT: $29.62
@ 3307 MILLARD AV MUSKEGON Ml 49441-0000 ESTIMATED P.O. COST: $2,962.00
# 14
03/30/2001 9:08:20 AM Page 2 of 4
REVISED ASSESSMENT LIST
H-1520 Millard Avenue, Lake Dunes Drive to end.
24-506-002-0028-00 MARS RICHARD A ASSESSABLE FEET: 100
24-30-33-234-024 3308 MILLARD AVE COST PER FOOT: $29.62
@ 3308 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,962.00
# 15
24-506-002-0026-00 CRANSTON EARL E ASSESSABLE FEET: 110
24-30-33-234-023 3336 MILLARD AVE COST PER FOOT: $29.62
@ 3334 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $3,258.20
# 16
24-506-004-0005-00 YOUNG BRADLEY/CINDY ASSESSABLE FEET: 110
24-30-33-200-027 3335 MILLARD AVE COST PER FOOT: $29.62
@ 3335 MILLARD AV MUSKEGON Ml 49441-0000 ESTIMATED P.O. COST: $3,258.20
# 17
24-506-002-0025-00 CRANSTON EARL J ASSESSABLE FEET: 72.15
24-30-33-234-022 3336 MILLARD AVE COST PER FOOT: $29.62
@ 3336 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,137.08
# 18
24-506-002-0024-00 LINE SUSAN ASSESSABLE FEET: 70.45
24-30-33-234-021 3340 MILLARD AVE COST PER FOOT: $29.62
@ 3340 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,086.73
# 19
24-506-004-0007-00 PESCH RONALD ET AL ASSESSABLE FEET: 60
24-30-33-200-026 3351 MILLARD COST PER FOOT: $29.62
@ 3343 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,777.20
# 20
24-506-004-0008-00 PESCH RONALD D ASSESSABLE FEET: 46.05
24-30-33-200-025 3351 MILLARD COST PER FOOT: $29.62
@ 3351 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,364.00
# 21
03/30/2001 9:08:20 AM Page 3 of 4
REVISED ASSESSMENT LIST
H-1520 Millard Avenue, Lake Dunes Drive to end.
24-506-002-0023-00 ASSELMEIER RICHARD D ASSESSABLE FEET: 76
24-30-33-234-020 3358 MILLARD AVE COST PER FOOT: $29.62
@ 3358 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,251.12
# 22
24-506-004-0009-00 BURCH JOHN H ASSESSABLE FEET: 88.87
24-30-33-200-024 3359 MILLARD AVE COST PER FOOT: $29.62
@ 3359 MILLARDAV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $2,632.33
# 23
24-506-002-0022-00 HANNAHS MICHAEL/NANCY ASSESSABLE FEET: 50.78
24-30-33-234-019 20 N WARNER COST PER FOOT: $29.62
@ 3372 MILLARD AV FREMONT Ml 49412 ESTIMATED P.O. COST: $1,504.10
# 24
24-506-004-0011-00 KOCH CAROLE M ASSESSABLE FEET: 50.72
24-30-33-200-023 3373 MILLARD AVE COST PER FOOT: $29.62
@ 3373 MILLARD AV MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,502.33
# 25
SUM OF ASSESSABLE FOOTAGE: 2107.06 SUM OF ESTIMATED P.O. COST: $62,411.12
% OF TOTAL PROJECT: 39.00694825
03/30/2001 9:08:20 AM Page 4 of4
SPECIAL ASSESSMENT '\ I: CEI V I: u
REVISED HEARING RESPONSE CARl£iTY OF MUSKEGON
To have your vote count, please 0
, '.PR 1 0 2001
Return This Card By: April 10, 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: Ali parcels abutting Millard Avenue from centerline of Lake Dunes
Drive to the west end of Millard Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 3372 MILLARD AVE
Parcel Number 24-506-002-0022-00
MAP Number: 24-30-33-234-019
Assessable Frontage: 50.78 Feet
Estimated Front Foot Cost: $29.62 per Foot, based upon a 22' width
!ESTIMATED TOTAL COST $1,504.10
Property Description
LAKE M!GHIGAN P..:\RK SUB DIV# 1 LOT 22 B!..K 2
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR
• I AM OPPOSED
H,i_NN,\HS :-.'.!\.~;_;;. ':: ~-:, :, . ' 24
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
REv1sEo HEARING REsPoNsE c~,t\~c EI v1: u
To have your vote count, please CITY OF MUSKEGON
Return This Card By: April 10, 2001 ,i\PR 1 0 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: AU parcels abutting Millard Avenue from cent~~,r~~~JJm.
Drive to the west end of Millard Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 3373 MILLARD AVE
Parcel Number 24-506-004-0011-00
MAP Number: 24-30-33-200-023
Assessable Frontage: 50.72 Feet
Estimated Front Foot Cost: $29.62 per Foot. based upon a 22' width
ESTIMATED TOTAl COST $1,502.33
Property Description
L,!,:<.E r--.1!CH!•3,4,M PARK SUB DIV# 1 COl\.1 OM N UNE !.OT _10 10 FT E 0F NW COR I_OT 10 TH W TO NW COR LOT 11 TH S TO SW
COR LOT 11 THE ON S LINE LOT 11 TOA PT 10 FTWOF SECOR LOT 11 TH NLY 122.4 FTTO BEG BLK4
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM OPPOSED
•
I U{ (':Yr-, ~-- / / , \<(:('1._/CoOwner/Spouse
Owner (.• J· /'"'
• ·>o.l
- t~' -, ·f);.,
1
""='t_.f •
!<,.•"·
• ------------
. .,_ :...r. ,- 11,Lt1 ~- 1 \:i . ~ rtJr>T Ii /
Signature· , , . , /!, .J,..-f" ··'\ Signature - - - - - - - - - - - -
,'....,lf)t t \; t,--. ,' / ;/ ~,,,: _ .• /i
Address ~I!, ~ 1
-I 'j nJ..-~-r~,-'
"-""~' ,,,, ,_ ••. ~--,-~
Address
<'
' ./
25
Thank you for takif}g ydur time to vote on _this important issue.
·-fit :,~,;~;7 ~\ ,:} h:. Li {z :1_ "£ · ""L .
SPECIAL ASSESSMENT
REVISED HEARING RESPONSE CARD ~ ~ Y i .
·~,-
To have your vote count, please
Return This Card By: April 10, 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
Drive to the west end of Millard Avenue.
J!"-JSTRUCT!OMS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 3351 MILLARD AVE
Parcel Number 24-506-004-0008-00
MAP Number: 24-30-33-200-025
Assessable Frontage: 46.05 Feet
Estimated Front Foot Cost: $29.62, fl.SI!" Foot. !based upon a 22' width
ESTIMATED TOTAL COST $1,364.00
Property Description
TH SLY TO S LINE LOT 9 7 FT W OF SECOR SAID iDT TH,, TO SE COR LOT 8 Tli NLY TO BEG BLK 4
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR~ I AM OPPOSED , : ~
'
X ~ ~ ~
Signature ·~·,·· -~-- ,·;ti.· / /,· , Signature - - - - ( ~ - , - - - - - - - -
Address
(' < }
,J,! J <, ✓ 111 ;''<.J,____
/ ., / ,I/;' J 1',
i Address " "- '- ,. . ,i_
21
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
REVISED HEARING RESPONSE CARD
To have your vote count, please
Return This Card By: April 10, 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
Drive to the west end of Millard Avenue.
INSTRUCTIONS
If you wish to have your written vote inciudeci as part of the tabulation of votes foiWarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 3343 MILLARD AVE
Parcel Number 24-506-004-0007-00
MAP Number: 24-30-33-200-026
Assessable Frontage: 60 Feet
Estimated Front Foot Cost: $29.62 · fPHer Foot, !based upon a 22' widtlhl
ESTIMATED TOTAL COST $1,777.20
Property Description
LAKE MICHIGAN PARK SUB DIV# 1 LOT 7 BLK 4
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
1AM IN FAVOR I AM OPPOSED
•
Signature ~ ,I, I/,,,
_ ... - ,I. '~·/
/-,_--<:...,. r
1 / . -
.. ,,xi) "_',
_
-r-
. -- Signature - - - - - - - - - - - -
Address j ,, ' ' .• ( I ' ' c',"- ,.., Address
20
Thank you for taking your time to vote on this important issue.
SPECIAL ASSESSMENT
REVISED HEARING RESPONSE CARD
To have your vote count, please .
Return This Card By: April 10, 2001
Project Title: Millard Avenue, Lake Dunes Drive to end.
Project Description: All parcels abutting Millard Avenue from centerline of Lake Dunes
Drive to the west end of Millard Avenue.
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the furn and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.
Assessment Information
Property Address: 3359 MILLARD AVE
Parcel Number 24-506-004-0009-00
MAP Number: 24-30-33-200-024
Assessable Frontage: 88.87 Feet
Estimated Front Foot Cost: $29.62 per Foot. based upon a 22' width
ESTIMATED TOTAL COST $2,632.33
Property Description
1 :::}~!=-~~'.C!~. 1::'/:S-,!\] P.-A.~i.,;' SUB G!\/ # ·1 p_~qT QJ:;" L(ffS P-9-1(1.R, 11
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O'lyofNortonSh·(i (LJ:iµJ L ''V
Commission Meeting Date: November 28, 2000 Ci;~,
Date: November 20, 2000
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of contractors for Vinyl Siding
Installation for 2001 Program Year
SUMMARY OF REQUEST: To approve contractors for the City's vinyl
siding program. The City of Muskegon solicited bids from area vinyl
siding installer for proposals for installation through the City's
rehabilitation program. The City received proposals from area
contractors. The lowest bid came from Cotton Builders. The next two
lowest bids were from Top Notch Builders and Gawlick Constructions.
Because of changes in federal guidelines concerning lead-based paint
abatement, the number of properties to be painted by the City of
Muskegon is predicted to decrease significantly while the number
structure receiving vinyl siding is expected to increase significantly.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the following contractors:
Cotton Builders, Gawlick Construction and Top Notch Builders as the
contractors for vinyl siding installation for 2001 program at a price of
$75.00 a square/$7,706 (see attached)
COMMITTEE RECOMMENDATION: None
Date: April 3, 2001
To: Honorable Mayor and City Commission
From: Water Filtration Plant
Re: High Service Pump #2 Rebuild
SUMMARY OF REQUEST:
To rebuild High Service Pump #2 (12 million gallon per day) prior to the
summer season peak water demand.
FINANCIAL IMPACT:
Cost of the pump rebuild is $20,100.00.
BUDGET ACTION REQUIRED:
This is an unplanned expense and will require an internal budget
transfer from another line item.
STAFF RECOMMENDATION:
To endorse Peerless-Midwest, Inc. as the contractor to rebuild high
service pump #2 at a cost of $20,100.00.
MEMORANDUM
4/2/01
TO: R. KUHN, DPW
FROM: R. VENEKLASEN, WFP
RE: HIGH SERVICE PUMP #2 --
12 MILLION GALLON PER DAY (12 MGD)
The High Service Pumps; 2-6 MGD and 2-12 MGD, in the 1972 Pumphouse
are the primary pumps used to move water into the distribution system and
elevated storage tanks.
The upper bearing oil on High Service pump #4 (6 MGD) started to show
discoloration (blackened). Kevin Herbert, Chief Operator, had the oil tested
by Chevron (oil mfg.). The test results showed high iron content. Additionally
this pump started to show elevated vibration levels. While waiting for the oil
test results the pump was balanced & the oil flushed and changed.
Kevin began researching what would cause the iron content in the oil.
Indications were that it wasn't a bearing problem (no chromium or nickel) so
he asked Hall/Jones Elec. to look further into the problem & re-check the
balance. This revealed that the bearings were rotating in the casting
(unacceptable) and causing the iron particles. Subsequently, the shaft hub
has been machined to specs. and the bearings replaced.
The remaining three pumps were examined for the same condition. None
displayed signs of this condition but Pump #2 (12 MGD) did not rotate freely
like the other pumps.
Kevin contacted Peerless-Midwest and asked them to take a look at this and
make recommendation. Peerless adjusted the shaft throw and everything
else they could think would relieve the condition; only to loosen the binding
slightly (the other pumps can be rotated by hand - this one cannot). They
spent over three hours working on the pump, not including travel from Ionia at
no charge to us.
We have taken pump #2 out of service but have not "locked" it out. This
allows the Plant Operator to use it only if absolutely necessary until such time
as it can be repaired.
You may recall that Peerless-Midwest rebuilt High Service pumps #1 & 3 in
late 1995 and early 1996. We were quite pleased with their performance.
Subsequent to that work, they recently rebuilt the booster pump #2 located at
the Keating St. station.
We solicited a cost for a re-build of pump #2 from Peerless Midwest because
we are approaching the summer season and a repair of this sort may take as
much as 6 to 8 weeks. This time frame is further compounded by spring
weight restrictions on the roadways.
The pricing estimate submitted by Peerless-Midwest, Inc. to perform a pump
rebuild similar to that performed in 1996 is $20,100.00. This is an unplanned,
but necessary, expenditure that will require a budget transfer.
Apr-O3-O1 11:49A Peerless M;dwest Incionia 1 P.O2
Peerless-Midwest, Inc.
Pricing Estimate 505 Apple Tree Dr.
CityofNmlepn
Mt. Kie¥in Herbert, Plant Fon,man
Ionia. Michigan 48846
l,OOle.uhSt. 616 5270050 "' 5:t'ISSG8
N111kegan, Michigan 4114<11 4-3-01- Revised
Gerry lurrows, DisL Mgr.
Pul and 0....luwl HS Pump # 2
1-231 7244I04 500 HP llnit
1-.231 7590192 Fax 1231 7555290
Intl..... Two NIii C.-, Setwl Senke Truck wL Driver , Sub-contra<:t 150 ton Cnne, Accessory tqur,,i-,t I Tool••
Job Delalpdon
Nollllho cnws and Crane to•~- UIOleCI bols to overflead 1-beiim, Exhaust bn I Hatches
Lock out l'ull1p powr and control&, dlsc:ollllld all Flange bolts, matar bolts, adfustfntl nuts I motor clutch
lffotonnect wlrlnr, conduit I powr connections (City has opted in put to have dtls dllfle b), local electrical con1nctor due t,o high
vakap)- City option
Set up mne I c,11,nte, ~•!silts - rig slqs ( 901Dn unit with 60' +reach)·...,._ l-leua in Hatt of lilltallotionf startup
Nair. l'liMp Is bellmld to hoe a seized paddng balJt bearing .
....,, may .eq,,n now head shalt.-SS
APR-03-2001 12:02 1 P.03
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:00-47; Address: 1712
Pine Street, 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
1712 Pine Street is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: 00-47-1712 Pine Street, Muskegon Ml
Location and ownership: This single family home is located on Pine Street in the
McLaughlin Neighborhood, HUD census# 5. The owner is Shelline White of
Muskegon Ml.
Staff Correspondence to Owner attachments: Dangerous Building Inspection
Report dated 5/10/00. Notice and Order dated 5/12/00. Notice of Hearing for
HBA dated 8/4/00. Finding of Facts and Order dated 8/24/00. Minutes dated
8/17 /00.
Owner Contact: Ms White's Lawyer, Ms. Enrika McGahan contacted the office
and attended the meeting requesting a 60 day extension. Repairs remain
incomplete.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $11,000.00
Estimated cost to repair: $5, 000.00
F:\lnspcctions\Everett\WORD\CC MEET!NGS\AGENDA - 1712 pine.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, April 10, 2001.
r:\lnspcctions\Everett\ WORD\CC MEETINGS\J\GENDA - 1712 pine.doc page 2 of2
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~i::rmatln A~tlon
13 l-i24-6"'0J
f.-\y;,122.121.i
\s~essor
HL724--o708
F.\X./7:?6-S181
Cemetery
2J1n2-4-6783
FAX/716-S6J7
Cl•;U Senrfce
231nl4-6716
F A..'Xnl.J-W0S West Mlchlgan's Shorellne aty
Clerk
131nl4-670S
F A.'Xn24-4178
Comm. & Neigh. DANGEROUS BUILDING INSPECTION REPORT
Services
231/714-6717
FAxn26-lS0I 1712 PINE
Engineering 5/10/00
231n24-6101
FAxn27-6904
Inspection Noted:
Finance
1Jtn24-671J
F AX/714-6768 1. Front porch steps, decking, ceiling in need of repair.
Fire Dept. 2. Foundation wall in need of repair.
231/714-6792
F AX/714-6985
3. Rotted basement window sills and frames.
4. Back door threshold and poor frame cracked.
Income Tu
231n24-6770 5. Broken out windows.
F Axn24-6768 6. Soffit and fascia repair needed.
Info, Systems
2Jln24-6744
FAX/722-4301
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINEO THAT THE STRUCTURE MEETS THE DEFINITION OF A
Leisure Service
23 I /724-6704
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
FAX/724-1196 MUSKEGON CITY CODE.
Manager's Office
23In24-6724
FAX/722-1214
~ . Lo & -(:, LL:,,,..,y._,½'.' _
Henry F'iltinowski, Building Inspector
Mayor's Office
231 /724-6701
FAX/722-1214
Inspection Services
CONCURRED IN:
231/724-6715 bert B. Grabinski Date"
FAxn26-1S0 I
Fire Marshal/Inspection Services
Planning/Zoning
23 I /724-6702
F AXJ724-6790
Police Dep1.
2Jl/714-67S0
FA.X/722-5140
Public WorkJ
2Jtnl4-4100
FAX1711-4188
Treuurer
2Jtnl4-6720
FAX/724-6768
Water DUiing Dept.
2Jtnl4-6718
F AX/724-6768
Water FU!ratlon
2Jln24-4106
F A..'XnSS-5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Afflrma.llH A,tlon
1J! 714-.{i-;'QJ
F-\\.:722-111-t
-\HtHC·r
2J\,'72-t--6'.'08
f.\X. "T26-5181
Cemetery
2311724-6783
FAXl726-Sli t 7
Ch·U Service
231!724-6716
FAxn24-4405 West Mldllgan's Sborellne (Jty
Clerk
231/724--6705
FAX/724-4178
NO'ricE AND ORDER
Comm. & Neigh.
Services
May 12, 2000
231/724-6717
FAX1726-2501
Engineering
231/724-6707
FAX/727~904 Shelline K White
Finance
1712 Pine Street
231/724-6713 Muskegon MI 49442
FAX/724-6768
fire Dept
131/724~792
FAX/724-6985 Dear Property Owner:
Income Tu
231/724-0770 Subject: 1712 Pine Street
FAX/714-6768
LOT9BLK297
Info. Systems
231/714-6744
FAX/722-4301 The City of Muskegon Building Official has recently inspected the subject property and has
Leisure Service
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
231/724-6704 Code.
FAX/724-1196
Manager's Office As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
BlnH-6724
FAX/722-1214 structures within thirty (30) days.
Mayor's Office
?Jln24-6701 If you elect to repair the structures, you must secure all required permits and physically
FAX/721-1214 commence the work within thirty (30) days from the date of this order.
Inspection Services
23 l/724-6715
FAxn16-2501
Should you have any questions concerning this matter, please do not hesitate to contact our
Building Official, Jerry McIntyre at 724-67 I 5.
Planning/Zoning
231/724~702
F AX/724-6790 Sincerely yours,
1~;~·
Police Dept.
231/724~750
F AX/722-5140
Publlc Work!
231/714-4100
FAX/722-4188 Fire Marshal/Inspection Services
Treasurer
231/724--6720
FAX/724-6768
Water Bllllng Depl.
231/724-6718
F A..XJ724-6768
Water Filtration
231/724-4106
FA.X/755,.5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
\flirm.1ti\ e .-\c1iun
(~2-H7UJ
FAXfiM,-6790
.-\ssessor
616ni.t-61os
FAxnU-6768
Cemetery
6t6n24--6783
FAxn22-4188
Civil Service
6l6n24-6716
FAXnl4-6790
West Mlchlgan's Shorellne City
Clerk
616nl4-670S
FAxnl4-4_768 CITY OF MUSKEGON
Contm. & Neigh.
Services NOTICE OF HEARING ON
6L6nl4-6717
FAXfll4-6790
DANGEROUS AND UNSAFE CONDITIONS
Engineering
616nl4-6707
FAX/714-6790
Finance August 4, 2000
616n24-671J
FAxnl4-6768
Shelline K White The Money Store Contimortgage Corp
Fire Dept.
616nl4-6792
1712 Pine St PO BOX 13309 OP Box 900 Ste. 32
FAXfll4-6985 Muskegon MI 49442 Sacramento CA 95813-3309 Hatboro, PA 19040-0900
Income Tax
6I6n24--6770 Trott & Trott
FAxn24-6768
30150 Telegraph Road, Ste. 100
Info. Systems Bingham Farms, MI 48025
616n24-697S
FAX/724-6768
Leisure Service
616nl4-6704 SUBJECT: Dangerous Building Case#: 00-47 - 1712 Pine St., Muskegon MI
FAxnl4-6790
Manager's Office Dear Property Owner:
6t6n24--6724
FAX/714-6790
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Mayor's Office
616n24-670l
of Muskegon will be held on Thursday, August 17. 2000 at 5:30 P.M. in the Muskegon
FAX/724-6790 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Neigh. & Const.
determining whether the structure should be demolished or otherwise made safe.
Services
616/724-6715
FAXfl24-6790 Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
Planning/Zoning
6I6n24-6702
F Axn24-6790 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Police Dept. dangerous buildings.
616nl4-67S0
FAXflll-5140
At the hearing, the Inspection Services Department will present testimony regarding the
Public Works
616nl4-4100
alleged defects. You are advised that you or your representative may cross examine the
FAXnll-4188 City's witnesses and you may present testimony in your own behalf and call witnesses in
Treasurer
your own behal£ We encourage you to attend the meeting since it is always better if
616nl4-6720 someone is available to answer any questions the Board may have.
FAX/724-6768
Water Dept.
6t6n24-67t8 INSPECTION SERVICES
FA:
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ORCHARD
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File Number - 405210
TRANSNATION TITLE INSURANCE COMPANY
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
The West 31 feet of the North 80 feet- of Lot 1, Block 209, Revised Plat (of
1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71.
Muskegon County Records.
Permanent Property No. 31-20-382-008
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or
Special IIJl)rovernent Assessments unpaid, sold, subject to rederrption or deeded, except as specified below.
This report includes information obtained from the records in the office of the Treasurers of Muskegon County
and of the City of Muskegon after said information has been received by the Treasurer in the form of an
assessment roll. This report also includes, but without any representation by Transnation Title Insurance
COITf)any as to the accuracy thereof, information obtained from Village and Township Treasurers, and from
Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if
any, are not included in this report.
CITY OR VILLAGE TAXES
No 1999 City taxes.
STATE AND COUNTY TAXES
1998 County tax due in the amount of $365.57, plus penalties and
interest.
SPECIAL ASSESSMENTS
Water usage due in the amount of $79.33, plus penalties and interest.
TAX SALES
State Equalized Value $7,200.00.
Taxable Value $6,728.00.
Tax Code No. 24-0003182.
NOTE: No Homestead filed.
By,. C""'on"'n"'1"ec-rc-.-J-r.o"'h""n"'s""o"'n__________
Date - June 4, 1999 at 8:00 AM
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
DANGEROUS BUILDING REPORT
247 AMITY
2/05199
1. Foundation has loose block and sags near the front of the building on the west side.
2. Windows are broken.
3. Front steps are not secured to the front of the building.
4. Roofing is missing on the rear of the building.
5. Eaves are rotted.
6. Siding needs paint and is broken in places.
7. Graffiti on house.
8. Entire roof is deteriorated.
9. Rear porch roofis deteriorated and falling in.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
DATE
\ffirrnatlw :\ction
616,72+6703
-\ssessor
6 \6172-1-6708
Ccmetel)
6\6i72-l-6783
Cl\'11 Service West Mldd!!an's Shorellne Oty
6\6172-1-6716
NOTICE AND ORDER
Clerk
616172-1-6705
February 8, 1999
C. :"1. Seniccs State of Michigan
6161724-6717
Real Estate Division
P. 0. Box 30448
Engineering Lansing, Mi. 48909
6161724-6707
Dear Property Owner:
Finance
6161724-6713
Subject: 247 Amity
W 31 Ft ofN 80 Ft Lot 1, Blk 209
Fire Dept
6 l 61724-6792
The City of Muskegon Building Official has recently inspected the subject property and has
Income Tax found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
6 l61724-6770 Code.
Inspections As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
616172-1-6715
structures within thirty (30) days.
Leisure Service If you elect to repair the structures, you must secure all required permits and physically
6 \6172-1-6704
commence the work within thirty (30) days from the date of this order.
.\lanager's om.·e Should you have any questions concerning this matter, please do not hesitate to contact our
6161724-6724
Building Official, Jerry McIntyre at 724-6715.
Mayor's omc.:e
616172-1-670 I Sincerely yours,
Planning/Zoning
6161724-6702
Daniel Schmelzinger
Police Depl. Director, Neighborhood and Construction Services
6 ! 61724-6750
Public Works
6161726-4786
Treasurer
616/724-6720
Water Dept.
6!6172-1-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
ru111u,•u•" ,...,,.v.,
6\6n24-670J
FAxn22-l2U
ASles.sor
"416nH-6708
FAxn24--U78
Cemetery
6l6n2 ..... 67&3
FAxnl6-5617
Civil Sen-ice
6t6n24-67l6
FAxn24-6790 West Mldllgan's Sbordlne aty
Clerk MUSKEGON HOUSING BOARD OF APPEALS
616n24-61os
FAX1724-4178
DATE: April S, 1999
Comm. & Nei&h.
Service5
6t6n2+6717 #99-10-247 Amity
FAXfl26-2501
CASE:
Engineering
616n24-6101
Chong Thomas . Scott Flaska
FAxn27-6904 272 Amity P. 0. Box 81
Finance Muskegon,Mi.49442 Cedar, Mi. 49621
616n24-671J
FAxnl4-6768
FINDING OF FACTS AND ORDER
Fire Dept.
616nl4-6792
FAXfl24-6985 The following action was taken at a session of the Muskegon Housing Board of Appeals
Income Tax
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 1st of April 1999.
616nl4-6770
FAXfl24-6768
The Neighborhood and Construction Services Department of the City of Muskegon, having
Info. Systems inspected the building structure located upon the property described as W 31 Ft of n 80 Ft,
&16n24-6975
FAxn24-6768 Lot 1, Block 209 also known as 247 Amity found the conditions listed on the attached pages
exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
Leisure Service
6t6n2+6704 Ordinances.
FAX/724-6790
!\tanager's Office The Board further found that these conditions exist to the extent of endangering life, safety
6t6n24-6724
FAxnll-1214
and the general welfare of the public.
Mayor's Office
616/724-6701
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/722-1214 declared to be unsafe, substandard and a public nuisance.
Neigh. & Const.
Services It is, therefore, ordered that the owners or other interested parties take such action to repair
616/724-6715
FAX1726-2501 or remove said structure, or appeal this order within 20 days of the receipt of this order.
Planning/Zoning
6t6n24-6702 It is further ordered that if the owners or other interested parties fail to repair or remove said,
FAXfl24-6790
structure, or appeal this order within 20 days of the receipt of this order, the Building
Police Dept. Official shall take bids and remove said structure.
616n24-6750
FAX/722-5140
Public Works
6t6n24-4100
FAxnll-4188
Treuurer
6l6nl4-6720
FAxnl4-6768
Water Dept.
616n24-67t8
FAxn24-6768
Water Filtration
6t6nl4-4106
FAxnS~5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
If you wish to appeal this order, you must do sq within twenty days. You i:oay obtain the
appeal foan _at the City's Neighbodwod and Construction Services Department
(Inspections), City Hall. 933 Temce Stieet.
. .
OARD OF APPEALS
.\fTirmathe Action
0 l '724-6703
F.\X;722-1214
\ssessor
MUSKEGON
016,724-6708
FAX/724-.i I 78
Ceme1ery
616nU-6783
FAxn26-56 I 7
Civil Service
616n2+6116
FAxn24-6790
West Mldtlf!an's Shorellne aty
Clerk
616n2+670S
MUSKEGON HOUSING BOARD OF APPEALS
FAxn24-4178
Comm. & Neigh.
DATE: December 9, 1999
Services
616/724--6717
FAxn26-2501
CASE: #99-10-247 AMITY
Engineering
6t6n2+6101
FAxn27-6904 Chong Thomas Linda Smith
Finance 272 Amity 6535 Bach
616/724-6713
FAXn24-6768
Muskegon,Mi.49442 Gagetown, Michigan 48735
Fire Dept.
616/724-6792
FAX1724-6985
Income Tax FINDING OF FACTS AND ORDER
6l6n24--6770
FAX/724-6768
The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems
616n24-6975
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the December 2,
FAX/724-6768 1999
Leisure Service
616/724-6704 The Neighborhood and Construction Services Department of the City of Muskegon, having
FAX/724-6790
West 31 Feet of the North 80 Feet of Lot 1, Block 209 also known as 247 Amity
\lanager's Office inspected the building structure located upon the property described as found the conditions
616/724-6724
FAX/722-1214 listed on the attached pages exist and that these conditions are hazardous as defined in
Section 4-23 of the Code of Ordinances.
Mayor's Office
616/72.i-6701
FAX/722-1214 The Board further found that these conditions exist to the extent of endangering life, safety
Neigh. & Const. and the general welfare of the public.
Services
616/724-6715
FAX/726-2501 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Planning/Zoning
declared to be unsafe, substandard and a public nuisance.
616/724-6702
FAxnH-6790
It is, therefore, ordered that the owners or other interested parties take such action to repair
Police Dept. or remove said structure, or appeal this order within 20 days of the receipt of this order.
616/72.J-.6750
FAX1722-5140
It is further ordered that if the owners or other interested parties fail to repair or remove said
Public Works
616/724-4100 structure, or appeal this order within 20 days of the receipt of this order, the Building
FAX/722-4188
Official shall take bids and remove said structure.
Treasurer
616/724-6720
FAX/724-6768
Water Depl.
6l6nH-6718
FAX1124-6768
Water Filtration
616n24-4l06
FA\/755--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal. this order, you must do SQ. within twenty days. You may oo= .....
eomuw:uon
appeal. fum1 at the City's Neighborhood and. Services~
(ID.spec:doos), City Hall. 9'33 TmaceSti:eet.
V\_.
OARD OF APPEALS·
DANGEROUS BUILDING REPORT
247 AMITY
2/05/99
1. Foundation has loose block and sags near the front of the building on the west side.
2. Windows are broken.
3. Front steps are not secured to the front of the building.
4. Roofing is missing on the rear of the building.
5. Eaves are rotted.
6. Siding needs paint and is broken in places.
7. Graffiti on house.
8. Entire roof is deteriorated.
9. Rear porch roof is deteriorated and falling in.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
Clint Todd
Fred Nielsen
The motion carried.
#99-10- 247 AMITY - SCOTT FLASKA, P.O. BOX 81, CEDAR, MI
Linda Smith and Chong Thomas were in. attendance because there was some conflict as who
owns property. Linda Smith called the office in Oct. of 99 and stated that she was buying on
land contract and ended up with house and is suing for miss representation. Chong Thomas had
basically the same situation, \mt actually has no ties to the house. Motion made by Johnson,
supported by Nielsen to support staff recommendation to declare structure at 24 7 Amity unsafe,
substandard, a public nuisance and forward to the City Commission for concurrence. A roll call
vote was taken:
AYES NAYS ABSENT EXCUSED
·•
Robert Johnson None William Anderson Greg Borgman
Randy Mackie
John Warner
Clint Todd
Fred Nielsen
The motion carried.
-14 - 573 ORCHARD - CHONG THOMAS, 272 AMITY, MUSKEG
Chong T as was present at meeting, stating that she's workin ouse. Robert Grabinski
stated that this use came to us as a result of a drug raid. cers along with the fire marshal
removed occupan cause house was substandard. . Grabinski stated that Ms. Thomas has
been in the office and tried to pull permits electrical was denied due to the number of
violations that are uncorre , he reco s that we table for 60 days to give Ms. Thomas
cha,1ce to pull necessary perm1 lo 1th a timetable of completion. Johnson made motion,
supported by Nielsen to table for A roll call vote was taken:
EXCUSED
Robert Johnson Greg Borgman
Randy Mackie
John Warner
Clint Tod
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
FIRE - INTERIOR/EXTERIOR
247 AMITY
2/19/01
Inspection noted:
FIRE AREA:
I. Structural ceiling, wall, floor, rafter damage back bedroom, main floor.
2. Entire roof in need of structural repair - rafters, sheathing, covering, fascia, soffit
3. Siding replacement needed.
4. Foundation wall in basement bowed, needs tuck-pointing, water proofed, sill
damage.
5. Roof caving in other areas of home not affected by fire.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
'
FALTINOWSKI, BUILDING INSPECTOR
F:\lnspections\Everett\WORD\STANDARD FORMS\DB INSPECTION REPORT FORM.doc
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:00-99; Address: 462
White Ave, 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
462 White Ave, 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: 00-99 - 462 White Ave, Muskegon Ml.
Location and ownership: This single family home is located on White Ave near
Wood Street in Angel neighborhood, HUD Census Tracking #3. The owner is
Ricki & Sheila Davis of Muskegon Ml.
Staff Correspondence attachments: Dangerous building inspection report
conducted on 11/28/00. Notice and Order to Repair was sent on 1/03/01. Notice
of Hearing for HBA was sent on 2/13/01. HBA Order to demolish was sent on
3/7/01. Meeting minutes for 3/01/01.
Owner Contact: Ricki and Sheila Davis contacted the office on January 19,
2001. They requested not to receive any mail regarding the property at 462
White. They submitted a poor legible copy of a land contract they had with a Mr.
Daniel Brown. According to City Records, the Davis's are still the deed holders
therefore; this department acknowledges the Davis's as responsible for the
property and will continue to send notices to them as well as Mr. Brown. Copy of
Land Contract is attached.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $10, 100.00
Estimated cost to repair: $20, 000.00 plus cost of required interior repairs.
F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.doc page 1 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, April 10, 2001.
F:\lnspectlons\Everctt\WORD\CC MEETINGS\AGENDA -15 E MUSKEGON.doc page 2 of2
ANGEL NEIGHBORHOOD
CENSUS# 3
462 WHITE
11/28/00
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
462 WHITE
11/28/00
Inspection Noted:
1. Front porch guard rail and hand rail is missing.
2. Foundation is failing.
3. Windows are broken out.
4. Window sashes are rotted.
5. Chimney's need tuck pointing.
6. Siding Deteriorated.
7. Roof needs replacing.
8. Soffit and facia rotted.
9. Garage wall is bowed out.
10. Garage roof is failing.
11. Garage is rotted at the grade.
12. Garage doors are missing and damaged.
13. Roof on the house is bowed.
14. Interior inspection is required by the electrical, plumbing, mechanical and
building im,pectors before any permits or certificate of occupancy will be
issued.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
JI
Don LaBrenz II, Electric uilding Inspector
CITY OF MUSKEGO:\'
NOTICE ANO ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: 0 l/03/0 l
Address of the Property: 46? White Ave., Muskegon, Michigan
Description of the Structure: Lot 12, Blk 43
TO: Shelia Davis, 914 Fleming St.. Muskegon MI 49442
[Name and address of Owner]
None known at this time.
[Names and Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has detem1ined 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 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'STANDARD FORMS\462 white.doc
Page 1 of3
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
demolished. ·
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 462 White Ave., 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 OF MUSKEGON INSPECTION DEPARTMENT
1.,
Dated: January 10, 2001
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Address of the Property: 462 White, Muskegon, Michigan
Description of the Structure: Lot 12, Block 43
TO: Rickie & Shelia Davis, 914 Fleming St., Muskegon MI 49442
[Name & Address of Owner]
Daniel Brown, 462 White Street, Muskegon MI 49442
[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 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 1/03/01 .
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:\INSPECTIONS\EVEREIBWORDIHBA MEETINGS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2001
To: Rickie & Shelia Davis, 914 Fleming Street, Muskegon MI 49442
Owners Name & Address ·
Daniel Brown, 462 White Street, Musekgon MI 49442
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 March I , 20 00, does hereby order that the following structure(s)
located at 462 White , 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.
All structures located on Lot 12, Block 43
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 accomp1ished no later than 60 days after a
concurrence by the City Commission.
The director of inspections is ordered to delay for 30 days placing 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:IINSPECTIONSIEVEREIBWOROIHBA 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 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
considered the record and this order, and has concurred.
Robert . Grabinski, Fire Marshal/Inspections Dept
F:IINSPECTIONSIEVEREIBWORD\HBA MEETINGSISTANOARO FORMSIORDER TO DEMOLISH.DOC
!-!BA Minutes 3/0 I
Case# 00-99 - 462 White, Ricki & Shelia Davis, 914 Fleming Street,
Muskegon Ml 49442
History: Grabinski informed the board that upon receiving the notice and order to
repair or remove the structure, the owner's called the office and requested not to
receive any more mail concerning the property. They claimed that they were not
the owners. They faxed a poor legible copy of a land contract with a Daniel
Brown. It was the decision of staff that a land contract does not release the
Davis's of ownership and until our office receives a quit claim or warranty deed
naming Mr. Brown the owner, staff will still consider the Davis's responsible for
the property. There has been no further contact from the owner.
Staff's Recommendation: To declare the structure dangerous, substandard,
unsafe, a public nuisance and forward to the city commission for concurrence.
Motion: Jerry Bever, supported by Randy Mackie, made a motion to accept
staff's recommendation and declare the structure at 462 White as dangerous,
substandard, unsafe, a public nuisance and forward the case to the City
Commission for concurrence in demolition of the structure.
Discussion: Nick Kroes informed Staff that he drove by the structure and it was
wide open. He requested that staff have it boarded up. Staff said that they are
aware that the porch door was open and explained that there is another door
inside that lead into the home and that that door is secured.
A roll call vote was taken:
NAYE: ABSENT: EXCUSED:
Greg Borgman Clint Todd
Fred Nielsen
John Warner
Randy Mackie
Jerry Bever
Nick Kroes
The motion carried.
There was no new or old business and the meeting adjourned at 6:20 PM.
8 of 8
!TRAC'!' --en
914 Fleming st.
Daniel Brown (a single man)
462 White st. Muskegon, Michigan 49442
WI T N E S S E T H :
WHEREAS, Buyer and Seller have entered into a Land Contract of even date herewith;
and,
WHEREAS, the parties desire to enter into this Memorandum of Land Contract to give
record _notice. of ~xistence of said ~arid Contract.
NOW THEREFORE, in consid3ration of the Premises and for other good and valuable
consideration Seller. acknowledges and agrees that they have sold to Buyer on the
Land Contract dated April 5th , 19~, the following described prem-
ises situated in the city of Muskegon County of
Muskegon and State of Michigan, to-wit:
Lot12, Block 43, Revised Plat (of 1903)
of the city of Muskegon, As Recorded in
Liber 3 of Plats, Page 71, Muskegon County
Records.
-•.
.,
'
"STATE OF- MICHIGAN
COUNTY. OF 'MUSKEGON
The foregoing instn,ment was ac:knowledged before me this ___;:S_t_h
________c
~arbor Title
955 West Broadway
Muskegon,Ml49441
Title Search
Case No.: 100019087
December 22, 2000
I. Beginning Date: December 14, 1983, at 8:00 A.M.
Please See Attached Liber 1274, Page 374, Muskegon County Records, for Legal Description:
2. We have searched the records in the office ofthe Register of Deeds for Muskegon County, Michigan covering the
subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
November 17, 2000, at 8:00 A.M.
Documents
Deeds: Mortgages:
1274-374 None
Taxes:
Civil Infractions are unavailable at this time.
Invoice Charges in the amount of$274.00, due and payable to the City ofMuskegon.(Invoice
#'s 9812639, 9815632 and 9817013)
Payment of the delinquent Water usage bill, due and payable to the City of Muskegon Treasurer
in the amount of $2.04.
Payment of the Sidewalk Assessment, due and payable to the City of Muskegon Treasurer in the
amount of $421.00, if paid by December 31, 2000.
Payment of the 1996 delinquent taxes, due and payable to the Muskegon County Treasurer in the
amount of $917.87, if paid by December 31, 2000, or in the amount of $917.87, if paid by
January 31, 2001.
Payment of the 1997 delinquent taxes, due and payable to the Muskegon County Treasurer in the
amount of $743 .26, if paid by December 31, 2000, or in the amount of $751. 71, if paid by
January 31, 2001.
Payment of the 1998 delinquent taxes, due and payable to the Muskegon County Treasurer in the
amount of$677.93, if paid by December 31, 2000, or in the amount of$683.24, if paid by
January 31, 2001.
Payment of the 1999 delinquent taxes, due and payable to the Muskegon County Treasurer in the
amount of $622.35, if paid by December 31, 2000, or in the amount of $627 .67, if paid by
January 31, 2001.
Payment of the 2000 Winter Taxes, due and payable to the City of Muskegon Treasurer in the
amount of$698.59*, if paid by February 14, 2001.
Note:
No 2000 Summer Taxes were assessed.
New Pemrnnent Parcel No.: 61-24-205-043-0012-00.
2000 State Equalized Value; $10,100.00.
2000 Taxable Value: $8,185.00.
Non-Homestead Property.
*Note: Delinquent Water/Sewer Usage in the amount of $161.52 was included in the 2000 Winter tax
bill, and a Sidewalk Assessment Installment in the amount of $93.56.
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
County, Michigan, against:
Rickie Davis
4. No search has been made for any instrument, however designated, which has been filed as a financing statement
pursuant to the Uniform Commercial Code. ·
5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
the office of the Register of Deeds.
6. Under this form of search this company is not an insurer.of above title, nor does it guarantee the title or any
evidence of title thereto.
7. Note: In consideration of the fact that the above 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.
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:00-100; Address: 15 E.
Muskegon, 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 15
E Muskegon, 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: 00-100 - 15 E Muskegon, Muskegon Ml
Location and ownership: This single-family rental unit is located on E. Muskegon
in the Jackson Hill Neighborhood, HUD census tracking number 2. The owner is
Alfonzo Farmer and Jerri Oakes of Muskegon Ml.
Staff Correspondence attachments: A dangerous building inspection was
conducted on 12/4/00. A Notice and Order to repair was issued on 1/10/01. A
Notice of HBA Hearing was sent on February 13, 2001. The Board's issued an
Order to Demolish on March 7, 2001. Letter to Mr. Farmer dated 3/21/01.
Owner Contact: Mr. Alfonzo Farmer came to the inspection department with
copies of quit claim deeds that were not in the title search. It appears that he is
part owner with Jerri Oakes . Mr. Farmer was given until April 4, 2001 to comply
with the letter dated 3/21/01 . There has been no contact from th e owner since
then .
Financial Impact: CDBG
Budget action required: None
State Equalized value: $10, 800.00
Estimated cost to repair: $7, 500.00 plus cost of required interior repairs .
F:\lnspcctions\ Evcrcll\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.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, April 10, 2001.
F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 15 E MUSKEGON.doc page 2 of2
DATE: March 30, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Fire Marshal/Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Finding of Facts and Order for 273 Merrill.
SUMMARY OF REQUEST: This is to request City Commission concurrence with
the findings of the Housing Board of Appeals that the structure located at 273
Merrill 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.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: NONE
th
LOCATION & OWNER: This single family home is located on Merrill between 4
and 5th Street the structure sits behind the dwelling addressed as 271 Merrill.
The owner is Dawn Delapas of Muskegon Ml.
HISTORY: This property was reffered as a dangerous building by Roxi Wever,
housing inspector after conducting a rental inspection on September 20, 2000. A
list of defects is attached. On November 7, 2000 a dangerous building inspection
was conducted. A Notice and Order to Repair was sent on 1/10/01. On 1/30/01
the police department requested the structure be boarded.(please see attached
report). There was no response from the owner and a notice of hearing was sent
on 2/13/01. On 3/1 /01, the Housing Board of Appeals declared the structure
unsafe, substandard and a public nuisance.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
order to demolish and declare the dwelling at 273 Merrill unsafe, substandard
and a public nuisance.
STATE EQUALIZED VALUE: $18,900.00
ESTIMATED COST OF REPAIRS:$ $15,000.00
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on April 10, 2001.
I _J
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BICTJ L HOUSTON A'
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File# 412809
TRANSNATION TITLE INSURANCE COMP ANY
TAX REPORT
Affecting land in Muskegon County, Michigan
Described as follows:
Lot 5, Block 387, Revised Plat (of 1903) of the City of Muskegon, according to the
recorded plat thereof in Liber 3 of Plats, Page 71, Muskegon County Records
Permanent Property No.: 6 l-24-205-387-0005-00
An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or Special
Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below, This report includes
information obtained from the records in the office of the Treasurers of Muskegon County and of the City of Muskegon
after said the Treasurer in the fonn of an assessment roll has received information. This report a1so includes, but without
any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village
and Township Treasurers, and from Treasurer of Cities other that the City of Muskegon, Inheritance or Estate Taxes and
Federal Tax Liens, if any, are not included in this report.
CITY OR VILLAGE TAXES
No 2000 City Tax
STATE OR COUNTY TAXES
1999 Winter tax due in the amount of $930.33 if paid by 11-30-00
State Equalized Value $18,900.00
Taxable Value $15,216.00
NOTE:Homestead filed
NOTE: Invoices, Infractions, Special Assessments and Water bills have
not been checked. Contact the City Treasurer for this information.
DATE: November 10, 2000
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
CITY OF MUSKEGON INSPECTION REPORT
November 8, 2000 AT 4:34 p.m. FOR MERRILL 273 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
NOTE: Non owner-occupants must use licensed contractors for
most electrical, plumbing or mechanical repair work. Call
724-6758 for more information.
4 A BATHROOM
Lavatory is missing.
5 B BATHROOM - TOILET
Toilet is tilted.
6 B BATHROOM - TUB
Tub surround is loose.
7 B BATHROOM - TUB
Floor covering has holes, rips or is missing or is not sealed
on edges.
8 B BATHROOM - TUB
Tub surround needs caulking.
9 B BATHROOM - TUB
Anti-siphon hallcock is short--needs to be tall enough to
give l" between bottom of ballcock and overflow tube.
10 B BATHROOM - TUB
Wall or walls has a hole or holes or large cracks in it.
11 CELLAR
No entry: Will inspect at reinspection
12 A CELLAR
Furnace needs an inspection by a mechanical contractor and
must be certified safe.
13 CELLAR
No entry to crawl space.
14 A CRAWL SPACE OVER KITCHEN
Roof rafters are split and need additional support.
15 B DINING ROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
16 A DINING ROOM
Window has broken or cracked glass.
17 B DINING ROOM
Warm air register(s) is/are broken or missing.
18 EXTERIOR
Roof is totally deteriorated - must be replaced.
19 A EXTERIOR - CELLAR
Window has broken or cracked glass.
20 A EXTERIOR - FRONT
Window has broken or cracked glass.
21 A EXTERIOR - FRONT
CITY OF MUSKEGON INSPECTION REPORT
November 8, 2000 AT 4:34 p.m. FOR MERRILL 273 PAGE 2
No Cat Violation
--- -=-----==========-===============================================
Window sash is broken, rotted or missing.
22 B EXTERIOR - FRONT DOOR
GLASS MISSING
23 B EXTERIOR - REAR
Light fixture is broken or loose.
24 B EXTERIOR - REAR
DOOR KICKED IN -JAMB BROKEN
25 A EXTERIOR - WEST SIDE STEPS
Risers are broken.
26 A FRONT BEDROOM
Window has broken or cracked glass.
27 B FRONT BEDROOM
Ceiling is water damaged.
28 B FRONT BEDROOM
Paneling has holes.
29 B FRONT BEDROOM
No backer behind the paneling.
30 A FRONT BEDROOM
No power.
31 B FRONT PORCH
Door is improperly repaired and needs to be replaced.
32 B FRONT PORCH
Door hardware is broken, missing or incomplete.
33 B FRONT PORCH
Floor covering has holes, rips or is missing or is not sealed
on edges.
34 B GENERAL - ALL ROOMS
Window is not weathertight and in good repair.
35 B KITCHEN
Floor covering has holes, rips or is missing or is not sealed
on edges.
36 B KITCHEN
Roof leaks.
37 B KITCHEN
Ceiling is water damaged.
38 B KITCHEN
Window lock(s) is/are missing or inoperative.
39 B KITCHEN
Sink cabinet or floor is rotted or rusting away.
40 B KITCHEN
GFIC is painted shut.
41 B KITCHEN
Trim is broken, missing or incomplete.
42 B KITCHEN
Cabinets are not in good repair.
43 B KITCHEN
Countertop is chipped, broken or damaged causing the
countertop to be unsanitary.
44 B KITCHEN - WEST SIDE
Outlet is broken, loose or not working.
45 A LIVING ROOM
CITY OF MUSKEGON INSPECTION REPORT
November 8, 2000 AT 4:34 p.m. FOR MERRILL 273 PAGE 3
No Cat Violation
Window has broken or cracked glass.
46 A LIVING ROOM
Smoke detector is missing or inoperative near the bedrooms.
47 B LIVING ROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
48 B LIVING ROOM
Paneling has holes.
49 B LIVING ROOM
Ceiling tile are missing or falling down.
50 B LIVING ROOM
No backer behind the paneling.
51 B REAR BEDROOM
Wall or walls has a hole or holes or large cracks in it.
52 B REAR BEDROOM
Does not have privacy door.
53 B REAR BEDROOM
Ceiling tile are missing or falling down.
54 A REAR BEDROOM
Fuse panel cover is not installed.
55 A UPPER BEDROOM
Window sash is broken, rotted or missing.
56 B UPPER BEDROOM
Wall or walls has a hole or holes or large cracks in it.
57 B UPPER BEDROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
58 B UPPER BEDROOM
Ceiling has peeling paint.
59 B UPPER BEDROOM
Wall covering is incomplete.
60 A UPSTAIRS
Step is broken or rotted.
61 B UPSTAIRS
Has a weak step.
62 A UPSTAIRS
Handrail is missing.
63 B UPSTAIRS
Ceiling cover is incomplete:
64 B UPSTAIRS
Wall covering is incomplete.
65 A UPSTAIRS
Smoke detector is missing or inoperative near the bedrooms.
66 B UPSTAIRS
Ceiling cover is incomplete.
67 B UPSTAIRS
Trim is broken, missing or incomplete.
68 B UPSTAIRS
Ceiling has a hole or holes or large cracks in it.
69 B UTILITY ROOM
Wall or walls has a hole or holes or large cracks in it.
CITY OF MUSKEGON INSPECTION REPORT
November 8, 2000 AT 4:34 p.m. FOR MERRILL 273 PAGE 4
No Cat Violation
--- --- ===============================================================-=
70 B UTILITY ROOM
Ceiling is water damaged.
71 A UTILITY ROOM
Smoke detector is missing or inoperative near the bedrooms.
72 B UTILITY ROOM
Thermostat cover is missing.
73 A WATER HEATER
Water heater cannot be located in a bedroom.
74 A WATER HEATER CLOSET
Water heater pressure and temperature valve is not piped full
size to within 6" of the floor.
75 A WATER HEATER CLOSET
Water heater pressure and temperature relief valve must be
3/4'' and piped (steel or copper) within 6'' of the floor.
END OF LIST
DANGEROUS BUILDING INSPECTION REPORT
273 Merrill (Part of 271 Merrill)
11/7100
Inspection noted:
I. Roof system on home severely deteriorated. Roof covering, sheathing, fascia,
soffit damaged.
2. Chimneystack deteriorated.
3. Numerous broke out windows.
4. Rotted siding, window frames.
5. Graffiti on home.
6. Front porch structurally unstable.
7. Cracked door jams, casing.
8. Foundation failing.
9. Interior inspection required on electrical, plumbing, mechanical and building
before any permits or occupancy will be allowed.
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:\Inspections\Everett\DANGEROUS BUILDING INSPECTION REPORTS\273 Merrill.doc
CITY OF MUSKEGO'.\
1'OTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: 01/10/0l
Address of the Property: 273 Merrill (Located behind 27 l Merrill), Muskegon, Michigan
Description of the Structure: Lot 5 Blk 387
TO: Roecelio/Dawn Delapaz Jr.. 271 Merrill. Muskegon MI 49441
[Name and address of Owner]
Delta Funding Corporation. l 000 Woodbury Rd. Woodbury NY l l 797
Old Kent Bank of Grand Haven. 4300 Grand Haven Rd. Muskegon MI 49441
Debra Doremire. 1442 Barnes Rd .• Muskegon MI 49442
Debra Doremire. 157 Mill Brook. Muskegon MI 49442
[Names and Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has detem1ined 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 permits required to accomplish the repair of the
structure defects listed in the attached schedule within 30 days of this
notice. All repairs §hall be accomplished within the times set forth in the
pe1111its. All work must be physically commenced within 30 days of the
date of this notice.
2. Obtain the issuance of the appropriate pem1it 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\ST ANDARD FORMS\273 Merrill.doc
Page 1 of3
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
presert, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
de1_nor-ished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 273 Merrill, Muskegon, Michigan, and cause
said stmcture to be a dangerous or substandard building and a public nuisance.
Please see the attached dangerous building inspection report.
CITY OF MUSKEGON INSPECTION DEPARTMENT
7-
Dated: January 10, 2001
Incident Renort MUSKEGON POLICE DEPARTMENT 2001-002208-I
Incident No j Date & Time Rept Offense: 98007
2001-002208-I 01/30/2001 00:02 SUSPICIOUS SITUATIONS
11
Occurred From: Occurred Until: Incident Location
01/30/2001 00:02 01/30/2001 00:02 273 MERRILL .
Current Disp Disposed To Municipality District
CLOSED CLOSED LORD MUSKEGON I 111
Disposition Date Juveniles Only? TTY Sent? I Cancelled? I TTY number
01/30/2001
Photos?
NO
1 Consent?
NO
NO
Affidavit?
NO
NO
Optional Date/Time
I I :
Officer Assigned Investigating Officer
10507 FENWICK, LEAH C
N Copy to Inspections
0
T Buildina check
Name/Address/Phone Description
p FRAZIER, NAPOLEON Born 02/21/1981 MALE
E 378 W GRAND Hgt. 0' 0"
R MUSKEGON MI 49441 Wgt. 0
s (231) 728-4299
0
N
OTHER
01/30/2001
198007
Hair
SUSPICIOUS SITUATIONS
Eves
Descrintion/Name/Comments IMake/Model/Statl Serial No./Qtv/Value
NO PROPERTY
Status/Plate Tvoe/VIN I Rea/Evid/Valuel Descrintion
NO VEHICLES
Catecrorv 7 Descrintion
NO M.O. INFORMATION
lt
~- \i~ t-L'
~
r3. ~ J~
~ e, ~
~l,
\l>< 0\
e;, it'~ .
rpt_revt.c 1.41 Date Printed: 01/30/2001 Page 1
Continued MUSKEGON POLICE DEPARTMENT 2001-002208-I
Incident No I Date & Time Rept I Offense: 98007
2001-002208-I 01/30/2001 00:02 SUSPICIOUS SITUATIONS
N TAKEN FROM WORDPERFECT DOCUMENT 2001002208.001
A The house at 273 Merrill is currently vacant and I found both
R doors ajar.
R We checked the interior and no one was inside. There didn't
A appear to be any signs of current forced entry. The locks on the
T doors don't secure.
I Bressar's last contact for that address is for Napoleon
V Frazier. The house has been vacant for some time.
E Please notify Inspections as the house is unsecured.
Cleared.
L. Fenwick 507
rpt_revt.c 1.41 Date Printed: 01/30/2001 Page 2
CITY OF MUSKEGO,\
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Address of the Property: 273 Merrill, Muskegon, Michigan
Description of the Structure: Lot 5. Block 387
TO: Roecelio/Dawn Delapaz Jr., 271 Men-ill. Muskegon MI a49441
[Name & Address of Owner]
Delta Funding Corp, 1000 Woodbury Rd, Woodbury NY 11797
Old Kent Bank of Grand Haven. 4300 Grand Haven Rd., Muskegon MI 49441
[Names & Address of Other Interested Parties]
Please take notice that on Thursdav, March I, 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 detem1ined 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 of Demolish a structure issued by the City of Muskegon Inspection Services Department
. 011 Iii 0101.
At the hearing on Thursday, March l, 2001 at 5:30 p.m., at the Muskegon City Hall,
933 Ten-ace 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 BE.Hi~ 0 THE HOUSING BOARD OF APPEALS
F:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2001
To: Roecelio/Dawn Delapaz Jr.. 271 Merrill, Muskegon Ml 49441
Owners Name & Address
Delta Funding Corp .• I 000 Woodbury Rd, Woodbury NY 11797
Old Kent Bank. 4300 Old Grand Haven Rd. Muskegon MI 49441
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 March 1 , 20 00, does hereby order that the following structure(s)
located at 273 Merrill , 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 Structure located behind 271 Merrill on Lot 5 Block 387
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 delay for 30 days placing 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:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSISTANDARD FDRMSIORDER 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 ofinspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of_the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission has
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
F
Robert . Grabinski, Fire Marshal/Inspections Dept
F:IINSPECTIONSIEVERETnWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
Case #00-85 - 273 Merrill - Dawn Delapaz, 271 Merrill, Muskegon Ml 49441
No one came to the meeting to represent this property. A Notice and Order to
Repair was sent on 2/10/01. Staff hasn't heard from the lending institutions or
the owner. Lending institutions did receive letter the owner did not claim the
letter. There has been no change in the condition of the home and the City had
the structure boarded recently.
Discussion: John Warner was concerned with the structure at 271 Merrill and
asked if the case included that structure. Grabinski clarified that 273 Merrill is the
dwelling being discussed but that 271 Merrill will be looked at as a dangerous
building as well.
Recommendation: To declare the structure unsafe, substandard and forward to
the City Commission for concurrance.
A roll call vote was taken:
NAYE: ABSENT: EXCUSED:
Greg Borgman Clint Todd
Fred Nielsen
John Warner
Randy Mackie
Jerry Bever
Nick Kroes
The motion carried.
se # 00-100 -15 E Muskegon, Pamela Fields, 1817 Jefferson,
49 .... --..
History: This appears to have been a case ba 1995. Grabinski said he
reviewed the file b hen and it went in a re · of timetable and then got
dropped. A notice an 0/01. There has been no contact
with the owner.
Staff Recommendation: ructure substandard, unsafe, a public
nuisance and forward t e city commissio
kie, supported by John Warner,
staffs reco ndation and declared the structure at 1 uskegon dangerous,
substan cl, unsafe, a public nuisance and to forward the c
com · sion for concurrence in demolition of the structure.
6 of9
DATE: April 2, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #:99-34; Address: 1309
Sixth Street, 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
1309 Sixth Street. 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: 99-34 - 1309 Sixth Street, Muskegon Ml
Location and ownership: This single-family unit is located on Sixth Street in
Nelson Neighborhood, HUD census #6.02. Previously owned by Sterling Bank
and Trust(Bob Parker), The new owner is Guadelupe Loera of Muskegon Ml.
Staff Correspondence with Owner: Dangerous building inspection report dated
6/23/99. Plumbing/Mechanical inspection report dated 5/3/00. Notice and Order
dated 6/28/99. Notice of Hearing dated 9/27/99. Owner's schedule of repairs
dated 10/7/99. Finding of facts dated 11/10/99. Notice of hearing 9/25/00.
Finding of facts dated 10/10/00.
Owner Contact: Schedule of repairs dated 10/7/99.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $9, 500.00
Estimated cost to repair: $2, 500.00
F:\!nspections\Evere!t\WORD\CC MEETlNGS\AGENDA - 1309 SIXT! I.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, April 10, 2001.
F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 1309 SIXT] I.doc page 2 of2
(
NELSON NEIGHBORHOOD
CENSUS # 6.02
1309 SIXTH STREET
6/23/99
DANGEROUS BUILDING INSPECflON
1309SIXTH
6/23/99
1. Broken out windows.
2. Back door and jam damaged.
3. Home in need of protection of exposure from weather and needs paint.
4. Grafitti on garage and home.
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 MUSK.EGON CITY CODE.
CONCURRED~;?%~
~INTYRE, ~INGOFFICIAL
\ffirnutln Action
111 ~14-670J
F-\:\. 72?-1214
\H~Hor
!J1·724-6708
FA.'t 126-5181
Ceme1ery
231/724--6783
FAxnl6-5617
Ch·USenice
n1n24--67t6
F AX/724--4405 West Mk:blf!an's ShorellDe (]ty
Clerk
23tn24-6705 INSPECTION REPORT
FAX/724-4178
PLUMBING/MECHANICAL
Comm. & Neigh.
Sen1ces
231n2+6717 1309 SIXTH
FAX/726-250 I
Engineering 5/3/00
23ln24-6707
FAxn27-6904
Finance
Inspection noted:
2Jln24--671J
FAX/724-6768
1. Repair and certify HAVC.
Fire Dept, 2. Must be done by a licensed contractor.
2Jtnl4-6792
FAxn24-6985
Income Tc-x
231/724-6770 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
F AX/724-6768
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Info. Systems DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
23ln24--67-44
FAX/712-4301 4-23 OF THE MUSKEGON CITY CODE.
Leisure Service
ntn24-6704
FAX/724--1196
:\tanager's Office
2311724--6724
FAX/722-1214
Rick Clark, Plumbing/Mechanical Inspector
Mayor's Office
23 l/724-6701
FAX.1722-1214
lnspecth•n Services
231/724,-t,7.i:'i
FAX.1726-2:S0I
Planning/Zoning
231/724-6702
FAX/724--6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX1722-4188
Treasurer
2Jtn24-6720
F Axn24-6768
Water Bllllng Dept.
231/724-6718
F Axn24-6768
W 1ter Filtration
2311714-1106
F.-\X,'75.5--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
,\ffirmative .-\clion
6 I61724-6703
Assessor
6161724-6708
Cemetery
6161724-6783
CIVIi Service West Mlddgan's Shoreline Oty
616/724-6716
NOTICE AND ORDER
Clerk'
6161724-6705
June 28, 1999
C. N. Services
616/724-6717
A & E Investments, LLC
1050 W. Western
Engineering Muskegon, Mi. 49440
616/724-6707
Sterling Bank and Trust
Finance
616/724-6713 One Towne Square, 1ih Floor
Southfield, Mi. 48076
Fire Dept.
6161724-6792 Dear Property Owner:
Income Tax Subject: 1309 Sixth
6161724-6770 SELY 33 FT ofNWLY 53 FT ofNEL Y 100 FT, LOT 7, BLOCK 376
lnspecllons The City of Muskegon Building Official has recently inspected the subject property and has
6 J6/724-6715
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
Leisure Service
6161724-670.J
As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
structures within thirty (30) days.
Manager's Office
616/724-672--t
If you elect to repair the structures, you must secure all required permits and physically
commence the work within thirty (30) days from the date of this order.
Mayor's Office
616/724-6701
Should you have any questions concerning this matter, please do not hesitate to contact our _
Planning/Zoning
Building Official, Jerry McIntyre at 724-6715.
6161724-6702
Sincerely yours,
Pollce Dept.
616/724-6750
, --: ---- , , n
~
Public Works Daniel Schrnelzinger
6161726-4786
Director, Neighborhood and Construction Services
Treasurer
6161724-6720 C: Robe.11.;to Loe.11.a., S11.., 2010 W. Cle.ve.la.nd, Ne.w E11.a., M-l. 49446
8/9/99
\\-'ater Dept.
616/724-67 18
City of Muskegon. 933 Terrace Street, P.O. Box 536. Muskegon. Michigan 49443-0536
CITY OF MUSKEGON
NOTICE OF HEARING ON
DANGEROUS AND UNSAFE CONDITIONS
•
DATE: September 27, 1999
TO: Bob Parker
SUBJECT: Dangerous Building Case #99-34 - 1309 Sixth
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on October 7, 1999 at 5 :30 p.m. at the Muskegon City Hall
Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.
Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
dangerous buildings.
At the hearing, the Inspection Services Department will present testimony regarding the
alleged defects. - You are advised that you or your representative may cross examine the
City's witnesses and you may present testimony in your own behalf and call witnesses in
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Inspection Services
City of Muskegon
':
1309 6th St,
1. 10/31
2. Secured Not completed
j, 10/31
4, Completed
";ork on Non conipleted portion vd 11 be ready for
inspection on 11/1/99,
ilobert .Parker 10/7/99
Affilmative Action
616n:U-670J
FAxnl~-1214
, .\.sses.sor
616n24-6708
FAxn24-4178
Cemetery
6l6nl4--678J
FAxn2f~56l7
Civil Service
6l6n24-6716
FAxn24--6790 West Mldilgan's Sborellne Oty
Clerk
616n2u1os
FAXn24-.4178
Comm. & Neigh.
Services MUSKEGON HOUSING BOARD OF APPEALS
6t6n24-6717
FAxn26-2501
DATE: November 10, 1999
Engineering
616n2u101
" . FAxn27-6904 CASE: #99-34 - 1309 Sixth
Finance
616n24-671J Sterling Bank and Trust
FAxnl4-6768 th
One Towne Square 17 FL
Fire Dq,t.
6l6nl4-6792
Southfield, MI 48076
FAxm4-698S
Income Tax
FINDING OF FACTS AND ORDER
616n24-6110
FAxnl+-6768
The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4th of November
6l6nl4-6975
FAXnl4-6768 1999.
Lei.sure Service
616n24-6704 The Inspection Services Department of the City of Muskegon, having inspected the building
FAKn24-6790
structure located upon the property described as ~outheasterly 33 feet of the Northwesterly
!\tanager's Office 53 feet ofth_e Northeasterly 100 feet of Lot 7 Blk 376 also known as 1309 Sixth found the
6t6nl4-6724
FAxnll-1214
conditions listed on the attached pages exist and that these conditions are hazardous as
defined in Section 4-23 of the Code of Ordinances.
Mayor's Office
616nl4-6701
FAX/722-1214 The Board further found that these conditions exist to the extent of endangering life, safety
Neigh. & Const. and the general welfare of the public.
Services
6I6nl4-6715
FAXn26-250t Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Pia nning/Zoning
declared to be unsafe, substandard and a public nuisance.
6t6n2-1-6102
FAxn24-6790
It is, therefore, ordered that the owners or other interested parties take such action to repair
Police Dept or remove said structure, or appeal this order within 20 days of the receipt of this order.
6t6n24-6750
FAxnll-S140
It is further ordered that if the owners or other interested parties fail to repair or remove said
Public Works
616n24-4100 structure, or appeal this order within 20 days of the receipt of this order, the Building
FAxn22-4188 Official shall take bids and remove said structure.
Tre.asurer
6t6n24-6720
F Axnl4-6768
Water Dept.
6I6n24-6718
FAxn24-6768
Water Filtration
61&nu-4106
FAxnSS-.5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
\ldrm,lme \.:t\on
2)! "'!4-6~0J
F\_'( "'.'!2-1214 MUSKEGON
-\ S\('srnr
ZJI 7~4--0708
F.\.X. 7:!6-5181
Cemeter)'
lJJ,"124-6783
F AX/716-S6 t 7
Ch·U Strvlce
2Jtn2+-6716
FAX17244405 West Michigan's Shoreline City
Clerk
23tnl4-670S
FA.xn24--4 t 78 CITY OF MUSKEGON
Comm. & Neigh.
Sen-·lcu
231/724-6717
NOTICE OF HEARING ON
FAX/726--2501 DANGEROUS AND UNSAFE CONDITIONS
Engineering
HOUSING BOARD OF APPEALS
23In24-6707
FAX1727-6904
Finance
13tnl4-6713
FAX1724-6768 September 25, 2000
Fire Dept,
2J1n24-6192
F AX/724-6985
Sterling Bank & Trust
Income Tai: One Town Square, 17th Floor
2J1n24-6770
F Axn24-6768 Southfield MI 48076
Info. Systems
Btn24-6744 Dear Property Owner:
FAX17224301
Leisure Service SUBJECT: Dangerous Building Case 99-34 - 1309 Sixth St., Muskegon MI
231/724--6704
FAX/724-1196
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Manager's Office
2J1n24-6724
of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon
FAX1722-1214 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Mayor's Office determining whether the structure should be demolished or otherwise made safe.
23In24-670I
FAxnll-1214
Officials from the Inspection Services Department have inspected the structure and it is
Inspection Services alleged that it has defects as listed on the attached page(s).
n1n24-611s
FAxn26-2501
Planning/Zoning
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
231n24-6102 dangerous buildings.
F Axn24-6790
Police Dept, At the hearing, the Inspection Services Department will present testimony regarding the
n1n24-67so
FAXnll-5140 alleged defects. You are advised that you or your representative may cross examine the
PubUc Works
City's witnesses and you may present testimony in your own behalf and call witnesses in
2J1n24-4too your own behalf. We encourage you to attend the meeting since it is always better if
FAX17224188
someone is available to answer any questions the Board may have.
Treasurer
2J1n2u120
FAX/724-6768 Inspection Services
City of Muskegon
Water Bllllni Dept.
2J1nu-611a
FAX/724-6768
Water Filtration
n1n24--4t06
FAX/75~5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
\,n•,,,,~
:Yi -;~-h-1lil
f"\\ -!11-.5181
c,,111..i~r~
!Jl ':~.l--6"'8J
F.\.\ "'16-5617
Chil Sen·lce
231.'724-6716
F.-\XJ724-4405
Clerk
2311724-6705 MUSKEGON HOUSING BOARD OF APPEALS
FAX/724---1178
Comm. & ~elgh. October 10, 2000
Services
231/724-6717
Case #99-34 - 1309 Sixth St., Muskegon MI
FAX/726-2501
Engineering Sterling Bank & Trust
231/724-6707 One Towne Square, 17th Floor
FAX/727-6904
Southfield MI 48076
Finance
231/724-6713
FAX/724-6768 FINDING OF FACTS AND ORDER
Fire Dept.
231/724--6792 The following action was taken at a session of the Muskegon Housing Board of Appeals
FAX/724--6985
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on October 5, 2000
Income Tu The Inspections Services Department of the City of Muskegon, having inspected the
231/724-6770
F Axn2-t-6768 building structure located upon the property described as Southeasternly 33 ft. of the
Info. Systems
Northwesternly 53 Feet of the Northeasterly 100 feet of Lot 7 Blk 376, also known as,
2311124-6744 1309 Sixth St, found the conditions listed on the attached pages exist and that these
FAX/112-4301
conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
Leisure SerYlce
2311124-6704
FA.X/724--1196 The Board further found that these conditions exist to the extent of endangering life, safety
and the general welfare of the endangering life, safety and the general welfare of the public.
Manager's Office
2311124-6724
FAX/722.1214
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Mayor's Office declared to be unsafe, substandard and a public nuisance.
231/724--6701
FAX/722•1214
It is, further ordered that if the owners or other interested parties fail to repair of remove said
Inspecllon Services
231/724--6715 structure, or appeal this order within 20 days of the receipt of this order, the Building
FAxn26-250 I Official shall take bids and remove said structure.
Planning/Zoning
231/724--6702
FAxn24--6790
Police Dept,
2311124-6750
FAX/722.S140
Public Works
231/724-4100
FAX1722-4188
Treasurer
2311124--6720
FAX/724--6768
Water Billing Dept,
2311124-6718
F. J\:."
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