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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 13, 2001 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA o CALL TO ORDER: o PRAYER: o PLEDGE OF ALLEGIANCE: o ROLL CALL: o HONORS AND AWARDS: a. Resolution Acknowledging Chris Jensen. COMMUNITY RELATIONS COMMITTEE b. Resolution Recognizing the Local Youth Government Program. COMMUNITY RELATIONS COMMITTEE o PRESENTATIONS: o CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Liquor License Chang Request - 1992 Getty. CITY CLERK c. Fisherman's Landing Concession Contract. LEISURE SERVICES d. Arena Baskeball Floor Saleum. LEISURE SERVICES e. Second Final Amendment to 2000 Budget for Major Street Fund. FINANCE f. Sale of Buildable Vacant Lot on Dudley Avenue. PLANNING & ECONOMIC DEVELOPMENT g. Sale of Non-Buildable Vacant Lot on Dudley Avenue. PLANNING & ECONOMIC DEVELOPMENT h. Sister Cities Contribution. CITY MANAGER o PUBLIC HEARINGS: a. Request for an Amendment to an Industrial Facilities Exemption Certificate for Dymet Corporation PLANNING & ECONOMIC DEVELOPMENT b. Recommendation for Annual Renewal of Liquor Licenses CITY CLERK c. 2001-2002 CDBG/HOME Allocations COMMUNITY & NEIGHBORHOOD SERVICES d. Barney Street from Valley to Roberts ENGINEERING e. Laketon Avenue from Peck to Wood ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: a. Stray Cats • UNFINISHED BUSINESS: • NEW BUSINESS: a. Rehabilitation of Tax-reverted Structure at 315 Catawba. COMMUNITY & NEIGHBORHOOD SERVICES b. Charter Parks. LEISURE SERVICES c. Farmer's Market Rate Increase. LEISURE SERVICES d. Budgeted Vehicle Replacements. PUBLIC WORKS e. Consideration of Bids for 2001 Sidewalk Replacement Program ENGINEERING f. Janitorial Services for 2001-2003. ENGINEERING g. Concurrence with Housing Board of Appeals Finding of Facts and Order for the following: 1) 463 Houston 2) 734 Hill 3) 423 Ottawa 4) 667 Hill 5) 1659 Dyson 6) 485 Apple 7) 1885 Continental h. SECOND READING - Amendment to General Employees Retirement System Ordinance. (Requested by Commissioner Spataro) • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • CLOSED SESSION: To discuss pending litigation • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step forward to the microphone. • State name and address, • Limit of 3 minutes to address the Commission. • (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) • ADJOURNMENT: AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 3/13/01 TO: Honorable Mayor and City Commissioners FROM: Ken James, Staff Liaison for the Community Relations Committee DATE: March 7, 2001 RE: Resolution Acknowledging Chris Jensen SUMMARY OF REQUEST: To present a resolution to Chris Jensen for her many years of service on the Leisure Services Board and other civic activities that she has been involved with. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: The Community Relations Committee, at their meeting on March 5, 2001, recommends approval. O:COMMON\DEPTMENT\ADMlN\AGNOAFRM JMS- 0: (RESOLUTION-CHRIS JENSEN-COVER SHEET) 2001-25 (a) . : . '! . / ,1;.,., ·- ~/lt,~ ;:. ' ... . ,\ &tutr nf !lir~igan il''"'"I.; 0 ·,,:/". '.. fl,~~~,ls,":J.Ch~is Jensen began one of her many civic duties by serving as a niemb~r.~t,,/· ) •lsi.,'c:;::·.• _,,...- · the Leisure Services Board for the City of Muskegon in 1986 and has served ''1\ ~i~;t1;~' 0 'tii"'~l!f~ap~city of Chairperson for this Board since 1988, and was rece!'tly ' ,.... ;/<:: 1 •· 'lj''';f:.~ . ackiiowledged by the Michigan Recreation and Park Association with an award /-·"" ·, . ,· !! ,<ftfor"'he~ involvement In the planning of leisure and recreational activities for . \,,_ ,.-'Ji' j/ .. t~f 's;,.,,- the past several years; and ?t S,oaj. .". ><,,J1,.__ .j µl~tll§/1 HE:~Jt' the duties and insight provided by Chris Jensen go far beyond tho~e i~vi>lvecl . !~'-. .._"'1:i§.-,;:' , within the Immediate role of the Leisure Services Board; Including her · ,, .," . ·. ·· "?' involvement in spearheading the annual parade for Shoreline Spectacular, a ·. ./:~tit .C' 1, r·~~•-;._\ community festival held on Labor Day weekend; and ;,; ,ml~$ ol !Jf,.J.;,_ l since the inception of the Shoreline Spectacular, her expertise and ,./'•'¢''i,.~EAS, assistance In organizing FUN, Inc., a non-profit organization which runs cind oversees the entire operation of Shoreline Spectacular, has proven to be a · '~,,.., successful event In which thousands of dollars are generated and dona'l'ed annually to the Pere Marquette Park development; and ·· · .·lJYi~~:rEAS, the City of Muskegon wishes to pay tribute and publicly acknowledge Chris . !Jl I\~ -, Jensen for her many years of service and invaluable involvement in promoting ft@;a:~ fl.!¥., ,:,;;;;i,, recreational activities for the citizens of the City of Muskegon. t~{~\ I~~- ,/ \ \ '1"A0' \. !liOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of '\ Muskegon and speaking on behalf of the entire City Commission, do hereby &, ,.()". set aside March 13, 2001, in honor of Chris Jensen. i, IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of . Muskegon to be affixed this 13th day of March, 2001. Fred J. Nielsen, Mayor AGENDA ITEM CITY COMMISSION MEETING--~~-- HONORABLE MAYOR AND CITY COMMISSIONERS FROM: Community Relations Committee DATE: February 13, 2001 Resolution recognizing the Local Youth Government Program SUMMARY OF REQUEST A resolution was requested and approved by the Community Relations Committee recognizing the Local Youth Government Program. Muskegon High School government teacher(s) will accept the resolution. FINANCIAL IMPACT None BUDGET ACTION REQUIRED None STAFF RECOMMENDATION Approval 2001-25(b) ei ~-.;·~\'~:1·· ,.. ;'!~\<}/~~~~) j., . . . . . ,•• ~, ' :~:)',-•' UJtlttJJtU ~t ·~' \ ;f4J.J i.._.:tl', s} ~,fj,.,,,, ,f, ~ ,~ ~ - "" "~:;-t,.;,1:,;,_~,-,,;i;,,~,i..~•,l\1ic~-lffll~ &tatr nf ilit~igau ~;J~i\tiV\ i;,, i .- :{"•'11\ ~~E~AS~ .the City of Muskegon wishes to acknowledge the Muskegon High School Local , ._ Youth Government group for your devotion and commitment to learning about '; t;_:; --· • . the_impc;irtance oflocal government; and _ . .~,-.:-{}ff:~1?kJ!.:f_(\J");.. (I . <:c WIJ:fREAS, ovet,the years, students have attended meetings, toured City operations, worked -._ ttf ' >:-'' ' ·ih~forums with the City Commission and volunteered - all in an effort to learn · -· .f1i:sfhand how local government works and understand the role each ofus have in achieving a well run city with residents as active participants; and the Local Youth Government Program has been a positive influence on these students and has shown them how to become involved in our community and the difference that involvement makes on the quality of life for all residents. { )4t1~ ;_,_ \: ,1)!()W, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the ·,,\,, il;) City of Muskegon and speaking on behalf of the City Commission and ,... \{,"},' citizens of Muskegon, do hereby set aside March 13, 2001, to express our \,:(,;;[?-/ sincere appreciation for the teachers, students and volunteers involved in the Local Youth Government Program. ,//f'·•-•, ¼,,:_~_• ·- IN WITNESS WHEREOF, we hereunto set our 3 - - - - - - - - - - - - - ~ ~ : d t ~h~:;u:; !::::,I ;J;~~ City to be affixed \,'\_ 'f, Fred J. Nielsen, Mayor Clara Shepherd, Commissioner Scott Sieradzki, Vice Mayor John Aslakson, Commissioner Lawrence 0. Spataro, Commissioner Jone Wortelboer Benedict, Commissioner Robert A. Schweifler, Commissioner Date: March 13, 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, February 27, 2001. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 13, 2001 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter- race Street, Muskegon, Michigan at 5:30pm, Tuesday, March 13, 2001. Mayor 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 alle- giance 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. 2001-25 HONORS AND AWARDS: a. Resolution Acknowledging Chris Jensen. COMMUNITY RELATIONS COMMITTEE SUMMARY OF REQUEST: To present a resolution to Chris Jensen for her many years of service on the Leisure Services Board and other civic activi- ties that she has been involved with. Resolution was presented by Mayor Fred J Nielsen. b. Resolution recognizing the Local Youth Government Program. COMMUNITY RELATIONS COMMITTEE SUMMARY OF REQUEST: A resolution was requested and approved by the Community Relations Committee recognizing the Local Youth Govern- ment Program. Muskegon High School government teacher(s) will accept the resolution. No action taken on this item. 2001-26 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commis- sion Meeting that was held on Tuesday, February 27, 2001. FINANCIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval c. Fisherman's Landing Concession Contract. LEISURE SERVICES SUMMARY OF REQUEST: To renew the contract with Fisherman's Landing Inc. for the operation of Fisherman's Landing. FINANCIAL IMPACT: Continues the current agreement BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval e. Second Final Amendment to 2000 Budget for Major Street Fund. FINANCE SUMMARY OF REQUEST: Previously, the City Commission approved final amendments to the City's 2000 budget including an amendment to the Major Street fund budget. At the time this amendment was presented, staff did not realize that we would be required to report in our 2000 CAFR the full cost of certain federally funded projects administered by MDOT. These are projects for which MDOT handled all bidding and contractor payments (i.e. the funds did not run through the City's books)and for which the City's direct financial participation was limited to a local match of between 2% and 20%. The main example is last year's improvements to US Route 31. The total cost of this project was $2.3 million with a local share of only $55,554. Nevertheless federal financial reporting require- ments provide that we report the total revenues and expenditures for the project. While this has no financial impact on the Major Street Fund (since both revenues and expenses are "grossed-up"), it does mean that the previously adopted budget amendment is inadequate. Accordingly, staff request that the revised budget amendment be adopted. FINANCIAL IMPACT: Following is a comparison of the previously adopted Major Street fund amendment and the revised final amendment re- quested herein; 1st Amendment~~ Revenues $3,535,900 Expenditures $4,136,000 2nd Amendment -- Revenues $6,690,171 Expenditures $7,290,271 The effect of this amendment is to increase both the revenue and expen- diture budgets by $3,154,271. · BUDGET ACTIONS REQUIRED: Self-explanatory STAFF RECOMMENDATION: Approval f. Sale of Buildable Vacant Lot on Dudley Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot on Dudley Avenue (designated as parcel number 24-610-000-0136-00) de- scribed as URBAN RENEWAL PLAT NO. 1 LOT 136 to Mr. Greg Lear of 550 W Norton Ave. Muskegon, Ml. The subject property is 80xl 32 feet and is be- ing offered to Mr. Lear for $6,000. He plans to use the land for the con- struction of 1,200 sq. ft. single family home. The home will contain 3 bed- rooms, one and a half bathrooms, a full basement, and a 2 stall attached garage. The appraised value of the lot is $6,000 and Mr. Lear submitted the only bid of $6,000. FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued mainte- nance costs. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize the Mayor and the City Clerk to sign the resolution. g. Sale of Non-Buildable Vacant Lot on Catherine Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel# 24-205-074-0007-00 and Map# 24-31-29-233-010) on Catherine Avenue to Danny R. Ezell of 676 Catherine Avenue. Approval of this sale will allow Mr. Ezell to expand his current 29 ft. lot to 58 feet frontage (see map attached). The subject parcel is being offered to Mr. Exell for $100. There is no other adjacent property owner. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued mainte- nance costs. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize the Mayor and the Clerk to sign the resolution. h. Sister Cities Contribution. CITY MANAGER SUMMARY OF REQUEST: To authorize contributing $1,000 to the Sister Cities Program for the purpose of financial support for Muskegon High School students to travel to Omuta, Japan. FINANCIAL IMPACT: $1,000 BUDGET ACTIONS REQUIRED: Npne-expenditure to come from the Contri- butions to Other Agencies portion of the General Fund Budget. STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, seconded by Commissioner Spataro to approve the consent agenda with the exception of items b & d. ROLL VOTE: A YES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shep- herd, Sieradzki NAYS; None ADOPTED 2001-27 ITEMS REMOVED FROM THE CONSENT AGENDA b. Liquor License Request (1992 South Getty). CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local rec- ommendation on a request to transfer ownership of the existing 2000 SOM license at 1992 S Getty to Ken's Super-Serv Inc. from Cindy's Food Mart into their name (part one) and Raj & Sidhu, Inc. is then requesting the li- cense be transferred into their name (part two). All fees are paid. FIN.A_NCIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, seconded by Commissioner Aslak- son to approve Liquor License transfer of ownership. ROLL VOTE: A YES; Aslakson, Nielsen, Schweifler, Sieradzki, Spataro NAYS; Benedict, Shepherd ADOPTED d. Arena Basketball Floor Sale. LEISURE SERVICES SUMMARY OF REQUEST: To authorize the sale of the basketball floor at Walker Arena to Wings Stadium. FINANCIAL IMPACT: BUDGET ACTIONS REQUIRED: STAFF RECOMMENDATION: Motion by Commissioner Aslakson, seconded by Commissioner Schwei- fler to approve the sale of the Arena Basketball Floor. ROLL VOTE: A YES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spa- taro, Aslakson NAYS; None ADOPTED ***Mayor recognized The Scholarship Winner from Muskegon for the United Negro College Fund. Adrianna Nebedum, Senior at Muskegon High School. Award was officially awarded at the Mayors Ball in Grand Rapids, earlier this year. 2001-28 PUBLIC HEARINGS: a. Request for an Amendment to an Industrial Facilities Exemption Certificate for Dymet Corporation. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Dymet Corporation, 1901 Peck Street, Muskegon, Ml, a manufacturer of powder metallurgy component parts, has requested an amendment to their Industrial Facilities Exemption Certificate No.99-699 issued October 12, 1999. The amendment requested is an increase in personal property from $300,00 to $371,905. In addition, Dymet is requesting from the State of Michigan revocation of $52,000 abatement in real property. Due to cus- tomer demand, it was necessary for Dymet to expend their entire capital budget on machinery and equipment. FINANCIAL IMPACT: No change from the original certificate. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution granting an amendment to the certificate for the remainder of the 6 year request. The Public Hearing opened at 6:10pm to hear and consider any com- ments from the public. Business Development Specialist. Matt Dugener, explained the item. No comments were heard from the public. Motion by Commissioner Benedict, seconded by Commissioner Schwei- fler to close the Public Hearing at 6:13pm and to approve the amendment to the Industrial Facilities Exemption Certificate for Dymet Corporation. ROLL VOTE: A YES; Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslak- son, Benedict NAYS; None ADOPTED b. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK SUMMARY OF REQUEST: To adopt a resolution recommending non- renewal of those liquor license establishments who are in violation of Sec- tion 5-270 and 5-271 of the Code of Ordinance for the City of Muskegon. These establishments have been found to be in non-compliance with the City Code or Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 31, 2001, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINAN_CIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Adoption of the resolution The Public Hearing opened at 6: l 4pm to hear and consider any com- ments from the public. City Clerk. Gail Kundinger, explained the item. No comments were heard from the public. Motion by Commissioner Schweifler, seconded by Commissioner Aslak- son to close the Public Hearing at 6:20pm and to approve the non- renewal of liquor license for those business that are in violation of City Code and/or Ordinances. ROLL VOTE: A YES;, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Benedict, Nielsen NAYS; None ADOPTED c. 2001-2002 CDBG/HOME Allocations. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To conduct a public hearing in regards to the 2001-2002 CDBG/HOME allocations in reference to the recommendations of the city's administration and the city's Citizen District Council and to make a preliminary allocation decision. FINANCIAL IMPACT: Uncertain at this time. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval The Public Hearing opened at 6:21 pm to hear and consider any com- ments from the public. CNS Director, Wilmern Griffin, explained the item. Comments were heard from; Diane Bohl, Community Outreach Director, Miles of Smiles; Pat Motney, CDC Rental Rehab; Steve Borstter, Oakview Neighborhood Assoc.; Martha Bottomly, 2237 Westwood, Volunteer Muskegon; Rick VerSalle, Truancy Program, Muskegon Public Schools; Jane Clingman Scott, 3485 Lake Dunes Dr, Neighborhood Investment Corp.; Peter Nash, West Michigan Legal Services; all comments were in request of monies to be allocated to the different organizations. Motion by Commissioner Schweifler, seconded by Vice Mayor Sieradzki to close the Public Hearing at 6:55pm and accept administrations recom- mendation for CDBG with changes in the amount for Muskegon Commu- nity Health Project; West Michigan Veterans; Love, Inc.; HealthCare; American Red Cross; Volunteer Muskegon - Youth Survey; Volunteer Muskegon - Truancy; and Oakview Neighborhood Association to $4,375 each. ROLL CALL: A YES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Niel- sen, Schweifler NAYS; None ADOPTED Motion by Commissioner Spataro, seconded by Commissioner Schweifler to accept the recommendations of the Citizen's District Council for the HOME allocations. ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shep- herd. NAYS; Benedict ADOPTED d. Barney Street from Valley to Roberts. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Barney Street from Valley to Roberts 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. FINANCIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval of resolution and to create a special assessment district and assign two City Commissioners to the Board of As- sessors. The Public Hearing opened at 7:00 p.m. to hear and consider any com- ments from the public. City Engineer, Mohammed Al Shatel, explained the item. Comments were heard from Pat Motney, 925 Irwin, who had a concern for the confusing forms used. Commissioner Benedict supported the issue of the confusing forms for citizens. Motion by Commissioner Spataro, seconded by Commissioner Shepherd to close the Public Hearing at 7:08 p.m. and to create the Special Assess- ment district and appoint Commissioner Shepherd and Commissioner Spataro to the Board of Assessors. ROLL VOTE: A YES; Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, NAYS; Benedict ADOPTED e. Laketon Avenue from Peck to Wood. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Laketon Avenue from Peck to Wood 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. FINANCIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval The Public Hearing opened at 7: 10 p.m. to hear and consider any com- ments from the public. City Engineer, Mohammed Al Shatel, explained the item. No comments were heard from the public. Motion by Commissioner Shepherd, seconded by Commissioner Spataro to close the Public Hearing at 7:14 p.m. and to approve the creation of a special assessment district and to appoint Commissioner Shepherd and Spataro to the Board of assessors. ROLL VOTE: A YES; Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spa- taro, NAYS; Benedict ADOPTED COMMUNICATIONS: None 2001-29 CITY MANAGER'S REPORT: 1) Stray Cats. SUMMARY OF REQUEST: At the City Commission meeting on 2/27 /01, the City Commission requested staff to review the stray cat problem in the City and make a recommendation at this meeting. Staff has reviewed the situation and believes additional investigation into a solution is neces- sary before a final recommendation is provided. The following are the ar- eas that staff have and will continue to investigate: l. Cooperative effort with the County Health Department and Animal Control to abate stray cats: 2. Prohibition of nuisance feeding; 3. Licensing of cats; and 4. Neutering assistance program. Motion by Commissioner Schweifler, seconded by Commissioner Spataro to refer the issue back to staff for further follow up, to be completed within one month lime. ROLL VOTE: A YES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spa- taro, Aslakson NAYS; None ADOPTED UNFINISHED BUSINESS: None 2001-30 NEW BUSINESS: a. Rehabilitation of tax-reverted structure at 315 Catawba. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the Community and Neighborhood services department to bid out the total rehabilitation of the city-owned tax-reverted residential structure at 315 Catawba. The structure was ob- tained by the city last year through the tax-reversion process. During the rehabilitation process an eligible family will be selected to purchase the structure after rehabilitation through one of the city's Community Housing Development Organizations. FINANCIAL IMPACT: The funding for the rehabilitation will be from the City's Home fund. The staff cost estimate is $55,000. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Vice Mayor Sieradzki, seconded by Commissioner Aslakson to approve the rehabilitation of 315 Catawba. ROLL VOTE: A YES;, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslak- son, Benedict NAYS; None ADOPTED b. Charter Parks. LEISURE SERVICES SUMMARY OF REQUEST: To adopt the attached resolution creating eight new Charter Parks. Fli'-IANCIAL IMPACT: None BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, seconded by Commissioner Aslak- son to approve the eight new Charter Parks. ROLL VOTE: A YES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen NAYS; None ADOPTED c. Farmer's Market Rate Increase. LEISURE SERVICES SUMMARY OF REQUEST: To establish a new rate structure for the Farmer's Market. FINANCIAL IMPACT: Approximately $3,000 of new revenue BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, seconded by Commissioner Aslak- son to approve the new rate structure for the Farmer's Market.. ROLL VOTE: AYES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Niel- sen, Schweifler NAYS; None ADOPTED d. Budgeted Vehicle Replacements. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase four Dodge¾ ton 2WD pickup trucks at $17,365.78 each and one Dodge 1 ton pickup at $18, 182.78 from Bill Snethkamp Dodge Inc., through the State of Michigan purchasing contract. FINANCIAL IMPACT: $87,645.90 (Equipment Fund) BUDGET ACTIONS REQUIRED: None - $97,000 Budgeted STAFF RECOMMENDATION: Approval Motion by Commissioner Shepherd, seconded by Commissioner Aslakson to approve the purchase of five pickup trucks for DPW. ROLL VOTE: A YES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schwei- fler, Shepherd NAYS; None ADOPTED e. Consideration of Bids for 2001 Sidewalk Replacement Program. ENGINEERING SUMMARY OF REQUEST: The 2001 Sidewalk Replacement contract be awarded to Jordan Smith Concrete Construction out of Lake Odessa. Jordan Smith was the lowest, responsible bidder with a bid price of $668, 872.25. However, E & K Contractors who worked on the sidewalk for the last four years, submitted the attached letter requesting that the contract be awarded to them. FINANCIAL IMPACT: The construction cost of $668,872.25 plus related en- gineering expenses. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Award Contract to Jordan Smith Concrete Motion by Commissioner Aslakson, seconded by Commissioner Shepherd to award the sidewalk replacement contract to Jordan Smith Concrete. ROLL VOTE: A YES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shep- herd, Sieradzki NAYS; None ADOPTED f. Janitorial Services for 2001-2003. ENGINEERING SUMMARY OF REQUEST: To award a janitorial services contract to Edwards Janitorial to clean City Hall/Police department and Public Service Building only for the next 3-years starting May 1st 2001 until April 30th of 2003 with an option on the fourth year. Edwards Janitorial was the lowest responsi- ble bidder, with a bid price of; City Hall/PD 2001, $51,561.30; 2002, $53,092.73; 2003, $54,700.59; Total $159,354.62. Public Service Building 2001, $15,852.93; 2002, $16,304.92; 2003, $16,790.48; Total, $48,948.33 . . FINANCIAL IMPACT: The above stated annual costs BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Aslakson, seconded by Commissioner Schwei- fler to award the contract to Edwards Janitorial. ROLL VOTE: AYES; Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, NAYS; None ADOPTED g. Concurrence with Housing Board of Appeals Finding of Facts and Order for the following: 1) 463 Houston SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 463 Houston is unsafe, substandard, a public nuisance and that it will be demol- ished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 2) 734 Hill SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 734 Hill Ave is unsafe, substandard, a public nuisance and that it will be demol- ished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED:None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 3) 423 Ottawa SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 423 Ottawa is unsafe, substandard, a public nuisance and that it will be demol- ished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 4) 667 Hill SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 667 Hill Ave is unsafe, substandard, a public nuisance and that it will be demol- ished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 5) 1659 Dyson SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at .1659 Dyson is unsafe, substandard, a public nuisance and that it will be demol- ished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 6) 485 Apple SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 485 E. Apple Ave is un- safe, substandard, a public nuisance and that it will be demolished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals 7) 1885 Continental SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Ap- peals that the structure located at 1885 Continental is un- safe, substandard, a public nuisance and that it will be demolished within thirty (30) days. FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds. BUDGET ACTIONS REQUIRED: None STAFF RECOMMENDATION: To concur with Housing Board of Appeals Motion by Commissioner Schweifler, seconded by Com- missioner Aslakson to approve the demolition of 463 Houston, 734 Hill, 423 Ottawa, 667 Hill, 1659 Dyson, 485 E Apple Ave, and 1885 Continental. ROLL VOTE: AYES; Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson NAYS; None ADOPTED h. SECOND READING-Amendment to General Employees Retirement System Ordinance. (Requested by Commissioner Spataro) SUMMARY OF REQUEST: Written request to place the retirement for non- union employees amendment back on the City Commission agenda for a second reading. This rescinds ordinance #2040, per Atty. Tom Johnson Motion by Commissioner Spataro, seconded by Commissioner Aslakson to approve the amendment to General Employees Retirement System .. ROLL VOTE: A YES; Schweifler, Shepherd, Spataro, Aslakson NAYS; Nielsen, Sieradzki, Benedict ADOPTED Motion by Commissioner Shepherd, seconded by Commissioner Spataro to sus- pend the rules and take public participation before any other business. ROLL VOTE: AYES; Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen NAYS; None ADOPTED PUBLIC PARTICIPATION: Various comments were heard. ANY OTHER BUSINESS: 1. Vice Mayor Sieradzki, Questions on the Payne's Hotel, are we working to help them get the hotel done? Various discussion and comments heard. 2. Commissioner Shepherd, Wanted Manager report- Seaway & Southern property. City Manager, Bryon Mazade & Fire Marshal, Robert Grabinski up- dated the status. 3. Vice Mayor Sieradzki, request update on report on the investigation of his resident status. City Manager, Bryon Mazade, stated that he would have the results later in the week. CLOSED SESSION: To discuss. pending litigation, Motion by Commissioner Schweifler, seconded by Commissioner Spataro to go into closed session at 8:40 p.m. ROLL VOTE: AYES; Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler NAYS; None ADOPTED Motion by Commissioner Aslakson, seconded by Commissioner Benedict to Close the closed session at 8:43 p.m. and return to open session. ROLL VOTE: AYES; Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweiller, Shep- herd, NAYS; None ADOPTED Motion by Commissioner Aslakson, seconded by Commissioner Spataro to concur with the advice of the City Attorney. ROLL VOTE: AYES; Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, NAYS; None ADOPTED ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 8:45pm. Respectfully submitted, ~L~r Gail Kundinger, CMC/AAE City Clerk GK/da Date: February 21, 2001 To: Honorable Mayor and City Commissioners From: Ric Scott ;ytfa(# RE: Fisherman's Landing Concession Contract SUMMARY OF REQUEST: To renew the contract with Fisherman's Landing Inc for operation of Fisherman's Landing FINANCIAL IMPACT: Continues current agreement BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmative Action 2311724-6703 FAX/722- 1214 Asse.' sor 231 /724-6708 FAX/726-518 1 Ccmclcry 231/724-6783 FAX/726-5617 Civil Service 231/724-67 16 F AX/724-4405 West Michigan's Shoreline City Clerk 23 I /724-6705 FAX/724-4178 Date: February 21, 2001 Comm. & Neigh. Services To: Honorable Mayor and City Commissioners 231/724-6717 FAX/726-250 I From: Ric Scott ~ - E ngin eering 23 I /724-6707 Re: Fisherman's Landing Concession Agreement FAX1727-6904 Fisherman's Landing Inc has operated Fisherman's Landing Finance 231/724-6713 on behalf of the City for over 10 years. Their contract FAX1724-6768 has expired. Staff would like to renew their contract Fire Dept. under the same terms and conditions as in the past. The 23 I /724-6792 attorney staff has prepared the attached renewal FAX1724-6985 agreement . Income Tax 231/724-6770 Basically the agreement is that Fisherman's Landing Inc FAX/724-6768 runs the day-to-day operations of the facility including Info, Syslems the campground. The City of Muskegon gets the launch 231 /724-6744 FA X/722-430 I ramp revenue, and Fisherman's Landing gets the campground and other fees such as fish cleaning and dump Leisure Service 2311724-6704 station. They schedule all special fishing tournaments. FAX/724-1196 This has been a great relationship and staff would like Manager's Office 2311724-6724 to continue it. Consequently, I request that you FAX/722-1214 approve the renewal agreement and authorize the Mayor Mayor's Office and Clerk sign the agreement. 23 I /724-670 I FAX1722-1214 Thank you for your consideration. lnspccllon Services 231 /724-6715 FAX1726-2501 P lann ing/Z oning 2311724-6702 F AX/724-6790 Police Depl. 231 /724-6750 FAX1722-5 140 Public Works 2311724-4100 FAX1722-4 188 Treasurer 2311724-6720 FAX/724-6768 Water BIiiing Depl. 2311724-6718 FAX/724-6768 Water Filtration 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 2001-26(c) RENEWAL AGREEMENT FISHERMAN'S LANDING, INC. CONCESSION AGREEMENT The CITY OF MUSKEGON (City), 933 Terrace Street, Muskegon, Michigan, and Fisherman's Landing, Inc. (Concessionaire), of2450 Ruddiman Drive, North Muskegon, Michigan, hereby agree as follows: 1. Renewal of Concession Agreement: Term. The parties agree to renew the Concession Agreement dated February 28, 1995, which was amended inl996, concerning Concessionaire's use and operation of Fisherman's Landing facilities owned by the City for a term beginning February 28, 1999 and ending February 27, · 2006. 2. Continuance ofRjghts and Obligations. The parties shall continue their rights and obligations, covenants and commitments under the Concession Agreement as set forth therein. IN WITNESS WHEREOF the parties execute this AGREEMENT effective March 13 , 2001. CITY OF MUSKEGON ByF~i.~-~~ Its Mayor_ . , / . And ~ 0, '~J.v"' Gail A. Kundinger Its Clerk FISHERMAN'S LANDING, INC. G:\COMMON\5\JCS\renewalag.doc Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Finance Director RE: Second Final Amendment to 2000 Budget for Major Street Fund SUMMARY OF REQUEST: Previously, the City Commission approved final amendments to City's 2000 budget including an amendment to the Major Street fund budget. At the time this amendment was presented, staff did not realize that we would be required to report in our 2000 CAFR the full cost of certain federally funded projects administered by MOOT. These are projects for which MOOT handled all bidding and contractor payments (i.e. the funds did not run through the City's books) and for which the City's direct financial participation was limited to a local match of between 2% and 20%. The main example is last year's improvements to US Route 31. The total cost of this project was $2.3 million with a local share of only $55,554. Nevertheless federal financial reporting requirements provide that we report the total revenues and expenditures for the project. While this has no financial impact on the Major Street fund (since both revenues and expenses are "grossed-up"), it does mean that the previously adopted budget amendment is inadequate. Accordingly, staff request that the revised budget amendment as shown below be adopted. Fl NANCIAL IMPACT: Following is a comparison of the previously adopted Major Street fund amendment and the revised final amendment requested herein: 1 Final Amendment 2 Final Amendment Revenues $3,535,900 $6,690,171 Expenditures $4,136,000 $7,290,271 The effect of this amendment is to increase both the revenue and expenditure budgets by $3,154,271. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: None. 9/18/97 ' ' Commission Meeting Date: March 13, 2001 Date: February 28, 2001 To: Honorable Mayor & City Commission From: Planning & Economic Development Department CBC., RE: Sale of Buildable Vacant Lot on Dudley Avenue SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot on Dudley Avenue (designated as parcel number 24-610-000-0136-00) described as URBAN RENEWAL PLAT NO 1 LOT 136 to Mr. Greg Lear of 550 W. Norton Avenue, Muskegon, Ml. The subject property is 80 x 132 feet and is being offered to Mr. Lear for $6,000. He plans to use the land for the construction of 1,200 sq. ft. single- family home. The home will contain 3 bedrooms, one and a half bathrooms, a full basement, and a 2 stall attached garage. The appraised value of the lot is $6,000 and the Mr. Lear submitted the only bid of $6,000. FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: None 2/28/01 Resolution No. 2001 - 26 ( f) MUSKEGON CITY COMMISSION . RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT IN MARQUETTE NEIGHBORHOOD FOR $6,000. WHEREAS, Mr. Greg Lear has placed a $200 deposit for the parcel designated as parcel number 24-610-000-0136-00, located on Dudley Avenue; WHEREAS, Mr. Greg Lear has submitted the only bid of $6,000 for the parcel designated as parcel number 24-610-000-0136-00, located on Dudley Avenue; WHEREAS, _the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots; NOW THEREFORE BE IT RESOLVED, tlJat parcel number 24-610-000-0136-00, located on Dudley A venue be sold to the above-mentioned buyer. URBAN RENEWAL PLAT NO 1 LOT 136; Adopted this 13th day of March, 2001 Ayes: Spataro, Aslakson, Benedict, Nielsen , Schweifler, Shep herd, Sieradzki Nays: None Absent None CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on March 13, 200 I. • ' . / By: - ~= l,U..J(_ = =-- ~ --=---"'---------1; = - - City-Owned Property Map Vacant Lot on Dudley ~E s L__j I '§ : 11 I I ~ _J I : I i I I I MARCOUX AV 7 IARCOUXAV I' J~ re >- ,,, 'I I 1.•,1 I I I ' I I I ' •I I I . 'o L_i_L__[_--==--,---------_ ~ I . _J I I I DUDL!Y AVI If. .·~· .'. '·.·' .·, . '1·' i ! I I I * = Subject Property(ies) to be sold ;•',i, •. I I I I [ . [1,,,,>•1 I I I I I I ~ I I I I I ' I I I I 1 I ! ' I I I I i "1 I I [ . ! I r.i,·,lr,~j i11 11v;, LAWRENCE AV i7 I ' \ \ I I I ~ " 0 REAL ESTATE PURCHASE AGREEMENT 2001 - 26(f) THIS AGREEMENT is made ill five "- 1 l. , 2001, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49440 ("Seller"), and GREGORY E. LEAR, Trustee of the Gregory E. Lear Trust, pursuant to the Certificate of Trust Existence and Authority dtd _ _ _ _ _ _ _ _ _, 2001, and recorded at Liber l'18 / , Muskegon County Records, Page ,J 4 / , and GALLOWAY BUILDERS, INC., a Michigan corporation, of 550 W. Norton Avenue, Muskegon, MI 49441 ("Buyer"), 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, Seller's interest in the real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: Lot 136 ofURBAN RENEWAL PLAT NO. 1; subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Six Thousand Dollars ($6,000), payable, in cash, to Seller at Closing. 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten ( 10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, thi s Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. G \COMl.10fM\G I ./\C-fR EST\030501 C-lEAR•GAllOWAY.PA DOC 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to construct on the premises a single-family home, up to all codes, within eighteen (18) months of the closing of this transaction. Buyer may only remove those trees necessary for construction of the home. The home shall be substantially completed by that time and, in the event said substantial completion has not occurred, or the restriction of this paragraph relating to tree removal is violated, in the sole judgment of the City, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the closing. The covenants in this paragraph shall survive the closing and run with the land. 6. Zoning Contingency. This purchase agreement is contingent upon the Buyer obtaining all necessary zoning adjustments, such as variances, site plan approvals, or other zoning actions, in order to allow construction of the home which is depicted in certain plans and specifications which have been submitted to the City for review of the design. If the said necessary adjustments have not been finally approved by the City's appropriate bodies within six (6) months of the date of this agreement, then the City shall have no obligation to close the transaction, and the Buyer may also determine to terminate the agreement. The Seller/City, by this agreement, has no responsibility or duty to grant or deny any zoning adjustment, which decision shall be entirely left to the appropriate body. 7. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroaclnnent or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 8. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERA TE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS." BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. 2 G 1(.0,.,MOU\S\GI J\C.RLESnQ30501 C-lEAR-GAllOWAY PA OOC f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: -jt\(1..\,0l11A..Cf'\J 11 ~ ~ Gail A. Kundinger, Clerk BUYER: GREGO~Y E. LEAR TRUST U/A D b 11/ /1997 By t;' _ 3 rsr{£() ~f ;J.-~ I Gre o y ea?, Trustee Social Sec ·ity ~ or~1,ax Identification No. - l/4.,., - ✓4=, & t/r~ z and GALLOWAY BUILDERS, INC., a Michigan corporation By _ _ _ _ _ _ _ _ __ _ _ __ __ Gregory E. Lear, Its - - - - -- - -- - Drafted by: G. Thomas Johnson PARMENTER O'TOOLE 175 W. Apple Avenue Muskegon, Michigan 49443-0786 Telephone: 231/722-162 l 4 G \COt.\l.lOII\S\GlJ\C-RLEST\OJD50 1 C-LEAR-GALLOWAV PA 00C QUIT-CLAIM DEED 2001-26(f) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to GREGORY E. LEAR, Trustee of the Gregory E. Lear Trust, pursuant to the Certificate of Trust Existence and Authority dtd _ _ _ _ _ _, 2001, and recorded at Liber - -~ Muskegon County Records, Page _ _ _, and GALLOWAY BUILDERS, INC., a Michigan corporation, of 550 E. Norton Avenue, Muskegon, MI 49441, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: Lot 136 ofURBAN RENEWAL PLAT NO. l; for the sum of Six Thousand Dollars($6,000). PROVIDED, HOWEVER, Grantees, or their assigns, shall commence construction of one (1) single family home on the premises herein conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to the premises shall reve11 to the City of Muskegon free and clear of any claim of Grantees or their assigns; and, in addition thereto, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantees or their assigns. "Complete constrnction" means: ( 1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director ofinspections, twenty-five percent (25%) completion of the dwelling described in the said building pennit. In the event of reversion . of title of the above described premises, improvements made thereon shall become the property ofGrantor. Provided, further, that Grantees covenant that the parcel described above shall be improved with not more than one (1) single family home. This covenant shall run with the land. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 407.526 Sec. 6(h)(i). Dated this ~ day of /lJqrc. A , 2001. Signed in the presence of: CITY OF MUSKEGON By ~ -~ Fred J. Nielsefuayor . G:\COMMON\5\GT J\C-RLEST\030601 .C-LEAR-GALLOWAY.QCD.DOC STATE OF MICHIGAN COUNTY OF MUSKEGON /1la/' cA The foregoing instrument was acknowledged before me this JS'-t/, day of , 2001 , FRED J. NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson G. Thomas Johnson, Parmenter O'Toole L ,/Jd({ s. / 0 1-te/"" 175 W. Apple Avenue Notary Public, Muskegon County, Michigan Muskegon, MI 49443-0786 My commission expires: ~9~~~- - o2 S-- o ~- ;:z. - - - -- --- Telephone: 231/722-162 J WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees G:\COMMON\5\GTJ\C-RLEST\030601.C-LEAR-GALLOWAY .QCD.DOC Micriigan Department of Trnasury L-4258 [Rev. 9194) REAL ESTATE TRANSFER TAX VALUATION AFFIDAVIT This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended. This form must be filed when you choose not to enter the amount paid for real estate on the deed. It is required whether the transfer is taxable or not. It is not necessary when the amount paid is entered on the deed. This form must be completed and signed by either the seller or his/her authorized agent. I 1. County I I2. City or Township I Muskegon I I Muskegon l3. Seller's Name and Mailing Address I 14. Purchaser's Name and Mailing Address I The City of Muskegon I I Gregory E. Lear Trust I I I Galloway Builders. Inc. I 933 Terrace Street I I 550 1-1. Norton Ave. I Muskegon, Ml 49440 I I Muskegon. MI 49441 1s. Type and Date of Document I 16. Cash Payment I 17. Amount of County Tax I I I I I $6. 60 I Land Contract Date: I I I 18. Amount of Mortgage/Land Contract I 19. Amount of State Tax I -"-. Deed Date: 04/10/01 I I I I $45. 00 I10. If consideration is less than market value, I I11. Total Consideration(add lines 6&8) I I 12. Total Revenue Stamps I state market value I I $6,000.00 I I $51.60 13. Legal Description of Real Estate Transferred: Lots 136. Muskegon Urban Renev1al Plat No. 1. part of Section 21. Town 10 North, Range 16 \•lest. as recorded in Liber 19 of Plats. Pagas 6. 7 and 8. Muskegon County Racords. State of Michigan }ss. County of } I certify that the information above is true and complete to the best of my knowledge and that the value stated is the full market value of the property. Dated this day of Signed: Subscribed and S\'/Orn to before me this day of The City of Muskegon ~ 5 D,<+(tUI Notary Public - - - - - - - - - - \:I S 01J\\1'lf.l\y \'Al My Commission Expires \(\WtB't:b\(\c \'Jill5\(0gon~0 ~~'2.~04 nl PU \ > ,-:, -ni[05 u• ~ota,, \ss\on ~)(r -r-M cornrn L-4260 Michigan Department of Treasury This form is issued under authority of 2766 (9-97) P.A. 415 of 1994. Filing is m1mdatory. PROPERTY TRANSFER AFFIDAVIT This form must be filed whenever real estate or some types of personal property arc transferred (even if you are not recording a deed). It is used by the assessor to ensure the property is assessed properly and receives the correct taxable value. It must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL. 11- Street Address of Property 12. County I 14. Date of Transfer (or land contract 1-1as signed) I V/L Dudley I Muskegon I 1_~0~4/~l~0/~0~1_ _ _ _ _ _ _ _ _ _ _ _ __ l_=M=u=sk=e~g=o="·~M=''='=''~"='"==4=94=4=2~_ _ _ _ _ _ _ _ I________ I 13. City/TO\"mship/Village of Real Estate ill City J Estate I Muskegon U I I I 16. Property Identification Number (PIN) If you don·t have a PIN. I .El!!- This number ranges from 10 to 25 digits. It I attach legal description. usually includes hyphens and sometimes inc 1udes J I 61·24·610-000-0136-oo I letters. It is on the property tax bill and on the assessment notice. 17. Seller's (Transferor) Name I jB. Buyer· s (Transferee) Name and Ma i1 i ng Address I The City of Muskegon I I Gregory E. Lear Trust I I I I 550 W. Norton Ave. Items 9 - 13 are optional. However, by completing I Muskegon, MI 49441 them you may avoid further correspondence. ! _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Transfers include deeds, land contracts, transfers 19. !.'a:!_e of Transfer _ i nvo 1vi ng trusts or 1-1i 11 s. certain 1ong- term leases I U land Contract U Lease and interest in a business. See the back for a I ill Deed U Other (specify) _ _ _ _ _ _ _ _ __ complete list. !_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 110. U Yes I 111. Amount of Dm·m Payment I_~ls~t~h~e~t~r~an~s~f~e~r~b~e~t'~"~'~"~''~l~a~te~d~pe~r=s~o~ns~'-----~IX~I_N~,~--1 l ~ - - - - - - - - - - - - - - - - - - 112. If you financed the purchase. U Yes I 113. Amount Financed (Borrovied) I did you pay market rate of interest? ) I No I I__________________ Exemptions_-~-~~~~-~---~~-~-~--~--~~~~-~--------- The Michigan Constitution limits hot•/ much a property's taxable value can increase 1·1hile it is 01-med by the same person. Once the property is transferred. the taxable value must be adjusted by the assessor in the following year to 50 percent of the property's usual selling price. Certain types of transfers are exempt from adjustment. Bel01•1 are brief descriptions of the types of exempt transfers: full descriptions are in MCL Section 211.27a(7}(a-m). If you believe this transfer is exempt. indicate behM 1.he l.YIJ(! of E'Xt•111pl:ion you ;we claiming. If you clairn an exemption. your assessor mily request !IK)re information_ !:_Q_support your cl<1i111. U transfer from one spouse to the other spouse U change in ownership solely to exclude or include a spouse Li transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires) U transfer to effect the foreclosure or forfeiture of real property U transfer by redemption froin a tax sale U transfer into a trust 1·1here the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust U transfer resulting frorn a court order unless the order specifies a monetary payment U transfer creating or ending a joint ownership if at least one person is an original m·mer of the property (or his/her spouse) U transfer to establish or release a security interest (collateral) U transfer of real estate through normal public trading of stocks U transfer bet1•1een entities under colffilon control or among members of an affiliated group U transfer resulting from transuctions that qualify as a tax-free reorganization U other, specify: Certification --------------~----~--~~-~----------------- information above is true and com lete to the best of m.~k~n~o=wl=e~.d~e~._ _ _ _ _ _ _ _ _ _ _ _ _ __ !Own Date II If signer is other than the owner. print name and I I I title. l-c---1--/1--''/-"'r'-------~---------I !_____________~ 414 AFFIDAVIT OF TITLE STATE OF MICHIGAN Title Commitment# 414007 COUNTY OF Muskegon That The City of Muskegon a Municipal Corporation being first duly sworn on oath says that they are the true and lawful owner(s) of the premises located at: VIL Dudley Muskegon. Michigan 49442 AND 1. That on this date hereof there is no mechanic's lien on the property and that no work has been done. or materials furnished. out of which a mechanic's lien could ripen. 2. That no agreement is in effect which would adversely affect the title to the property such as a purchase agreement. lease. land contract. option. etc. other than the contract with the grantees in a certain deed of even date hereof. 3. That the parties in possession other than the affiant(s) are bona fide tenants only and have no other interest in the premises whatsoever. /4. That there are no judgments or liens against affiant(s). including income tax liens. adversely affecting the title to said property. 5. That there are no unpaid taxes. special assessments or water bills outstanding other than those shown on the closing statement. ' 6. That any overlooked, unknown, or misquoted taxes. special assessments, water bills. mortgage deficiencies. etc. shall be immediately paid by affiant(s) as soon as informed of such. Seller(s): The City of Muskegon Subscribed and sworn to, before me a Notary Public. this 10th day of April Notary Public ________ County My Commission Expires: l(IMBERLY S. DURNELL Notary Public, 1v1usk0qon County, Ml My Commission Expires 6-8-2004 FILE j/ 414007 DATE: April 10th 2001 PROPERTY ADDRESS, V/L Dudley The undersigned hereby acknowledge receipt of a Request to Rescind/Withdraw Homestead Exemption form {Michigan Department of Treasury Form No. 2602) as same is required by Public Act 237 of 1994. Please check one of the following: The undersigned do not request Transnation Title Insurance Company to file the form on their behalf. The undersigned have fully and properly completed the forms and request that Transnation Title Insurance Company file the form with the appropriate local tax collecting unit. The undersigned acknowledge and agree that the Company will mail the form by first class mail, and that the Company shall not be liable in the event that any of the information provided on said form is inaccurate or incomplete, or in the event that said form is not received or properly processed by the local tax collecting unit. SELLER (S), The City of Muskegon - - ---------- ~ - - - - A C C O MMO D A T I O N L ET T ER Date: Apri 1 10, 2001 RE: V/L Dudley Muskegon, Michigan 49442 Escrow No.· 414007 We. the undersigned buyers and sellers, herein acknowledge and agree that the closing, held as of this date, on the above captioned property, is not being disbursed, and will not be considered complete until the following requirements have been met. File to be held for Thomas Galloway's signature on April 11, 2001. If the above requirements have not been fulfilled by papers signed today will be null and void and all monies will be returned to the remitter(s). Upon making such delivery, and performance of any other services included above, you will thereupon be released and acquitted from any further liability concerning the deposit, it being expressly understood that liability in any event is limited by the terms and conditions set forth herein. By acceptance of this agency, you are in no way assuming any responSi bi l i ty for the validity or authenticity of the subject matter of the deposit. The undersigned further agree to hold harmless and Transnation Title Insurance Company for loss or damage resulting from failure to perform. Lender and/or Broker ear, rustee and Galloway Builde~rs, I . BY ~ ________,:_____ !omasaciway, wner 7 The City of Muskegon B~~~A r1. A n ~ ~ a n t Planner DELIVERY INSTRUCTIONS: Buyers: Mail Delivery by Salesperson Pickup Sellers:- Mail- Delivery by Salesperson- Pickup Listing Commission-,- Pickup Deliver - Selling Commission: =Pickup= Deliver - - - - - - - - - - - ----------- - --- ---- MUSKEGON REAL ESTATE BOARD ADDENDUM TO BUY and SELL AGREEMENT Date: April 10, 2001, Office of Phone REALTOR, MUSKEGON, MI 1. Addendum to Buy Sell Agreement dated covering property at V/L Dudley, Muskegon, Michigan 49442 and legally described as: Lots 136, Muskegon Urban Renewal Plat No. 1, part of Section 21, Town 10 North, Range 16 West, as recorded in Liber 19 of Plats, Pages 6, 7 and 8, Muskegon County Records. 2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is amended as follows: The date of closing is to be April 10, 2001. 3. RECEIPT rs ACKNOWLEDGED BY BUYER of a copy of this Agreement. ~ ')tx,w,wU : ~_""'U("Z Witness Ge ~ . Lear, I rustee and ~~llo~d::s~~ lhomas a oway, ner 4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement. The City of Muskegon anner ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION AND PROPERTY TRANSFER AFFIDAVIT FILE # 414007 DATE: April 10th 2001 The undersigned acknowledges receipt of the Property Transfer Affidavit form (Michigan Department of Treasury form No. L-4260) as same is required by Public Act 415 of 1994 which imposes obligations on purchasers/transferees to file said form within 45 days of the date of transfer. The undersigned further acknowledges that Transnation Title Insurance Company is under no obligation to provide said form but does so as an accommodation to the undersigned. The undersigned assume(s) all liability relative to compliance with the Act and, accordingly, holds the Company harmless from and against any liability relative thereto. Please check one of the following: The undersigned do not request Transnation Title Insurance Company to file the form on their behalf. The undersigned request that the Company mail the form by first class mail and acknowledgeS that the Company shall not be liable in the event that any of the information provided on said form is inaccurate or incomplete, or in the event said form is not received or properly processed by the local tax collecting unit. The undersigned acknowledges receipt of the Homestead Exemption Affidavit form (Michigan Department of Treasury Form No. 2368) as same is required by Public Act 415 of 1994 which imposes obligations on purchasers/ transferees to file said form within 45 days of the date of transfer. The undersigned further acknowledges that Transnation Title Insurance Company is under no obligation to provide said form but does so as an accommodation to the undersigned. The undersigned assume(s) all liability relative to compliance with the Act and, accordingly, holds the Company harmless from and against any liability relative thereto. Please check one of the following: The undersigned do not request Transnation Title Insurance Company to file the form on their behalf. The undersigned request that the Company mail the form by first class mail and acknowledges that the Company shall not be liable in the event that any of the information provided on said form is inaccurate or incomplete, or in the event said form is not received or properly processed by the local tax collecting unit. PURCHASER ( S) : Gregory E. Lear Trust "'ct~i& ,, and Galloway BY_ _,:__,4 ,__~ci..::~1/--'<L'~=;z_------ SURVEY WAIVER Date: April 10. 2001 RE: 414007 To: TRANSNATION TITLE INSURANCE CO Property Address: 570 SEMINOLE ROAD, SUITE 102 V/L Dudley MUSKEGON MI 49444 Muskegon, Michigan 49442 County: Muskegon We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge we have been strongly advised by you to obtain a land survey showing the dimensions of the property and the location of all buildings situated thereon. We have decided, completely of our own volition, not to obtain a survey and wish to complete the transaction without the recommended survey. We hereby release TRANSNATION TITLE INSURANCE CO and RE/MAX of Muskegon, its employees and/or agents, from any responsibility and/or liability concerning or pertaining to survey matters, including, but not limited to size of lot or land, location of boundary line, location of building and encroachments. PURCHASER(S): SELLER(S): Gregory F,, Lear Trust The City of Muskegon and Galloway Builder~s,c._ BY - / L - ~ " " ~ ·1 homa's Ga I I away . ner - - - - - - - - -------- SALESPERSON WAIVER OF LIABILITY PROPERTY ADDRESS: V/L Dudley Muskegon. Michigan 49442 We, the undersigned, are entering into a transaction with a salesperson associated with RE/MAX of Muskegon and/or its subsidiary, who is acting as a principal in this transaction. We understand that RE/MAX of Muskegon does not interfere with transactions of their independent contractors. salespeople or associates, nor do they pass judgment on the wisdom or fairness of the transaction's price, terms. financing, purchaser's credit, condition of property, title or survey items. and any other matter(s) relating to the transaction. The undersigned parties to the transaction, therefore. relieve the RE/MAX of Muskegon and/or its subsidiary and officers of any liability whatsoever in connection with this transaction. Seller(s): The City of Muskegon Dated: April 10, 2001 Sa I es person REAL ESTATE PURCHASE AGREEMENT 2001-26(f) THIS AGREEMENT is made O'\ eve I'- lJ. , 2001, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49440 ("Seller"), and GREGORY E. LEAR, Trustee of the Gregory E. Lear Trust, pursuant to the Certificate of Trust Existence and Authority <ltd _ __ __ _ _ _ _ , 2001, and recorded at Liber I 1 R I , Muskegon County Records, Page ;)L/ .).__ , and GALLOWAY BUILDERS, INC., a Michigan corporation, of 550 W. Notion Avenue, Muskegon, MI 49441 ("Buyer"), 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, Seller's interest in the real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real prope1iy located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: Lot 136 of URBAN RENEWAL PLAT NO. 1; subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Six Thousand Dollars ($6,000), payable, in cash, to Seller at Closing. 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten ( 10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. G:\COMMON\5\G TJ\C-RLESn 030501.C-LEAR-GALLOWAY.PA.OOC 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to construct on the premises a single-family home, up to all codes, within eighteen (18) months of the closing of this transaction. Buyer may only remove those trees necessary for construction of the home. The home shall be substantially completed by that time and, in the event said substantial completion has not occurred, or the restriction of this paragraph relating to tree removal is violated, in the sole judgment of the City, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the closing. The covenants in this paragraph shall survive the closing and run with the land. 6. Zoning Contingency. This purchase agreement is contingent upon the Buyer obtaining all necessary zoning adjustments, such as variances, site plan approvals, or other zoning actions, in order to allow construction of the home which is depicted in certain plans and specifications which have been submitted to the City for review of the design. If the said necessary adjustments have not been finally approved by the City's appropriate bodies within six (6) months of the date of this agreement, then the City shall have no obligation to close the transaction, and the Buyer may also determine to terminate the agreement. The Seller/City, by this agreement, has no responsibility or duty to grant or deny any zoning adjustment, which decision shall be entirely left to the appropriate body. 7. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 8. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS." BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. 2 G \COMMON\5\GTJ\C·RLESl\030501.C-LEAR-GALLOWAY.PADOC 9. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the indemnitor. I 0. Closing. The closing date of this sale shall be on or before _ _ _ _ _ __ 2001 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Road, Ste. I 02, Muskegon, Ml 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. 15. General Provisions. a. Paragraph Headings. The paragraph headings are inse1ied in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. 3 G:ICOMMON\5\GT J\C-RLEST\030501.C-LEAR.GALLOWAY.PA_OOC f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: SELLER: CITY OF MUSKEGON -51\Q. 1i J-flJ&-- LA luli( and GALLOWAY BUILDERS, INC., a Michigan corporation By _ _ _ __ __ _ _ __ _ _ _ __ Gregory E. Lear, Its - - -- - - - -- - Drafted by: G. Thomas Johnson PARMENTER O'TOOLE 175 W. Apple Avenue Muskegon, Michigan 49443-0786 Telephone: 231/722-1621 4 G:\COMMON\5\ GTJ\C-RLESn 030S0t.C-lEAR•GAf.LOWAY,PA.00C Commission Meeting Date: March 20, 2001 Date: March 1, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development cf,y RE: Sale of Non-Buildable Lot on Catherine Avenue SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel # 24-205-074-0007-00 and Map# 24-31-29-233-010) on Catherine Avenue to Danny R. Ezell of 676 Catherine Avenue. Approval of this sale will allow Mr. Ezell to expand his current 29 ft. lot to 58 feet frontage (see map attached). The subject parcel is being offered to Mr. Ezell for $100. There is no other adjacent property owner. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution. COMMITTEE RECOMMENDATION: None. 3/1/2001 ResolutionNo. 2001-26(g) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT FOR $100. WHEREAS, Danny R. Ezell has ·deposited $100 for map# 24-31-29-233-010, for the subject parcel located between Catherine Avenue and Kenneth Street; · WHEREAS, this lot is considered non-buildable under the City's Zoning Ordinance, arid there are no other opportunities to sell a portion to another adjacent property owner; · WHEREAS, the sale would enable the City to place this property back on the tax rolls; and would relieve the City of further maintenance costs; WHEREAS, the sale of this property would be in accordance with property disposition goals and policies of the City; NOW THEREFORE BE IT RESO,LVED, that map# 24-31-29-233-010 (W29 Ft Lot 7 Blk 74) be sold to Danny R. Ezell for $100. Resolution adopted this 13thday of March, 2001. Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None Absent None By: d ~ ~ e I. Nielsen, Mayor Attest: ~a..], ~ Gail Kundinger 1erk CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, ·Michigan at a regular meeting held on March 13, 2001 . / _ By: ~ ~,L-:i;.,J Gail Kundinger, q ~rk -- - - - - ~ ~ --~------ -- 1;--- - i;;- ;: ---- C - -- ·---- - < --c;:-:----- (Q --- 2: -I - -1-..- ~, -- =1 =_-I ---- -- --- 1 s· ...... --- ·- - if ·r 1-- --------- J- _rr ~~ -- ~ ~-~ -IJ -: J--=--=- -- r----- ----~ [-~J -~UI [_1-J - - ____ - - -- r - ----- -- - t - ----=- --- - - -- QUIT-CLAIM DEED 2001-26(9) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to DANNY RAY EZELL, a single rrian, of 676 Catherine Avenue, Muskegon, MI 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: The West 29 feet of Lot 7 of Block 74 of the Revised Plat of 1903 of the City of Muskegon; for the sum of One Hundred ($100) Dollars. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.S0S(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this /.J;/, day of March, 2001. Signed in the presence of: CITY OF MUSKEGON By 1,~il-~._, Fred J.Nielsen,It@yor / . SJo Q,~. /"{{21,J~~ ~ © i(;\ n i\ ·Kr" ~" w S>ll ; C\ le A, and - a_~ Gail A. Kundinger, Its Clerk ,J STA TE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this )SJc/2 day of March, 2001, FRED J. NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson G. Thomas Johnson, Parmenter O'Toole L-,>, 4 '1'. o;'-rer 175 W. Apple Avenue Notary Public, Muskegon County, Michigan Muskegon, MI 49443-0786 My commission expires: _ _,,9c.._·_-,,c7c.:CS-"--__,O"'--';;;:"'-------- Telephone: 2311722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee G:ICOMMON15\GTJ\C-RlE.Sno30301.C.EZELLQCD.OOC AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 03/13/01 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 7, 2001 RE: Sister Cities Contribution SUMMARY OF REQUEST: To authorize contributing $1,000 to the Sister Cities Program for the purpose of financial support for Muskegon High School students to travel to Omuta, Japan. FINANCIAL IMPACT: $1,000.00 BUDGET ACTION REQUIRED: None - expenditure to come from the Contributions to Other Agencies portion of the General Fund Budget. STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - O: {SISTER CITIES-2001 CONTRIBUTION) Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request 1992 S. Getty, 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 1992 S. Getty to Ken's Super-Serv Inc. from Cindy's Food Mart into their name (part one) and Raj & Sidhu, Inc. is then requesting the license be transferred into their name (part two). All fees are paid. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All Departments are recommending approval. Affinuati\'l' :-\t:t iun 23 I /?2 4-67113 FA\/722- 12 14 . h Sl'SSor 2Jl /7H-67118 F.-\\/72(,-:, 18 I RECEij\fED Ccml·IL'ry FEB 2 3 2001 23 1/724-(,783 FA\/726-56 17 City Clerks Off ice CiYi l Sc1T icc- 2J 1/724-67 16 F.-\ \/724-HO, We:it Michigan's Shol'eline City Cieri, H 1l7 H -(,711, F,\ \/724-4 178 St•r\'ircs February 16, 2001 lJ l /724-(,7 17 F.-\ \172 6-2'll I Eng,incc-ri11g To: The City Commission through the City Manager 23 I /7 24-<, 7117 F.-\ \/727-<,9114 From: ~ L . l~-,Q~ Fin:111n· lJ I /72 4-<,7 IJ ntt{y L. Kleibecker, Chief of Police l'.-\\/724-(,768 Fin· Dcp1 . Re: Transfer of Ownership of Liquor License at 1992 S. Getty Street !Jl/7H-679l F.\.\ /724-6985 l11 l.'.o llh.' T a:\ 231/724-6770 The Muskegon Police Department has received a request from the Liquor Control FA\/724-(,7(,8 Commission for an investigation concerning the transfer of the current 2000 SDM license Info. s_,·.stl'III~ located at 1992 S. Getty Street. The applicants involved are Ken' s Super-Serv Inc. and 23 1/7H-<, 744 F.\ .\ /722--1311 I Raj & Sidhu, Inc. Ll·is 11n• Sl'r \'in• 23 I /724-6 704 Ken' s Super-Serv Inc. is requesting the current license to be transferred from Cindy' s FA \ 1724- 1196 Food Mmt' s Inc. into their name (part one). Raj & Sidhu Inc is then requesting the ,\ lana:;cr'!- Orrict• license then to be transferred into their name. 23 1/724-<,724 F. \ \/722-1!14 Our department has spoken with Kenneth Kamp (W/M, DOB 9-22-50) about this ;\ l:1yor's Oflit:c 23 1/72 4-(,70 I transfer. For purposes of the sale of this business Mr. Kamp is in need of the license to F.-\ \/722 - 12 14 be placed into his name before the transfer to the new owners, Raj & Sidhu Inc. :'\l•igh. s,'. Cons t. Scrvin s We also met with both pmties of Raj & Sidhu Inc., Rajwinder Grewal (W/M 7-31-79), of 23 1/72 4-67 15 F.\\/726-2511 I 3150 Chicago Dr, Hudsonville MI 49426, and Jaswant Sidhu (W/M 10-23-62), of24559 l,l;11111i1t',!,IZ1111i11~ Emily Dr, Brownstown, MI 48183. We were advised that Mr. Sidhu will be an owner 2J 1/724 -(,702 and Mr. Grewal will be managing the business. Mr. Grewal is not a citizen of the USA FA\/72 4-6790 but does have permanent Resident Alien status. Polin· Dcpl. 2.1 1/724-(, 7,0 FAX/722-:\ 1411 Pu hlic \ Vorks We have searched our records and conducted a Michigan Criminal History Check and 23 I /7 24-4 11111 find no reason to deny this request. F.- \ \/722 -4 1XX Trr:1s11rcr 23 1/724-(,7211 F.-\\/724-6768 TK/cmw \\':itn Billing Dept. 23 1/72N,7 1X FA\ /72 4-/,768 \ \la fl'I' Filtra tion 23 I /724-4 106 FA\175:\-:\290 City of Muskegon, 933 Terrace Str eet, P.O. Box 536, Muskegon, Ml 49443-0536 , ,Michigan Department of Consumer & Industry Services , ) J ) LIQUOR CONTROL COMMISSION POLICE NSPECTION REP9~,.-,.1ON LIQUOR LICENSE REQUES 1\. 7 ~~g~~t~go"it -I e-// . (Authorized by MCL 436.?a} ' Lansing, Michigan 48909-7505 ~ ·7y · ~6 .1/- -Oo Please condudt you /i nvestigation as soon as possible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission. 95112 N( L BUSINESS NAME AND ADDRESS: (include zip code) I([ NI S SUPfR-SERV, INC.- 1992 S, GEfTY, MUSKFG• N~ MI 49442 MUSKEGON COUNTY REQUEST FOR: IRANSfER OWNFRSHIP llF 2000 SOM LICENSE FROM ClNDY'S FOOD M/\RTS, INC' • . . ..· Appl.JGAf:H INFg~MATIQN .· . . '.·"•· •, · I APPLICANT #1 : APPLICANT #2: KENNF I H [). 1(/\MP HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 1S945 ORCHARD POINT DR SPRING LAKC, MI 494S6 616 842 1883 DATE OF BIRTH: Cf, 2,2- .$tJ 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 DNo o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status: / ~J ,( Date fingerprinted: -o/ Date fingerprinted: I .·• ·· •. . . .. . .... \/ .. Attach the {i11gerprinf card aric($15,00 for each card 1:111d inajltothfllquof (;()nfrol Commission. I ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and '• dated report if more space is needed) dated report if more space is needed) I.$¢9tio11 .2. ' . >< ·••· ·•· lrivestigatkfr1 of Business arid Addi'es~ toJ:>.e Licensed·..· . < ··•• . I Can living quarters be reached from the inside of the establishment without going outside? D Yes !ii No Does applicant intend to have dancing or entertainment? ~LNo D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? D No ~ - Yes, explain relationship: Property is a 0 39 station. ·.• l,;.ocal ari~ Sta~e Codes arid Ordinances, and General Recommendations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? G5J Yes No D I If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report II more space Is needed) I . 't I Sectiorf4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? ~ Yes No D 2. Is the. proposed location satisfactory for this business? [gj Yes No O 3, Should this.request be granted by the Commission? ~ Yes No D 4. If any of the· above 3 questions were answered no, state your reasons: (Attach a signed and dated report II more space Is needed) .1 / •-/ - 0 I Signature (Shelif or Chief of Police) Date LC-1800 Rev. 06197 (M ail white copy to the Commission, Keep yellow copy for your file) / 1 • • ( ' • \ 11/'.ichigan Department of Consumer & Industry Services \ .. 1 ;, • \ / ( ) LIQUOR CONTROL COMMISSION POLIC1:; INSPECTION REPOR . I ON LIQUOR LICENSE REQUEST ___,. · ' · 71so Harris Drive P.O. Box 30005 -I .. / /• (Authorized by MCL 436.?a) Lansing, Michigan 48909-7505 : s '<:::.I" 7'/ · / / _ r? o - 00 Please conduct your investigation as soon as possible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission. ST[P 2 95176 NLL r BUSINESS NAME AND ADDRESS: (include zip code) 1992 S. GETIY, MUSl<fGl"lN, fl'lI 49442, i1'l1JSK!:.GON COUN I Y REQUEST FOR: TRANSi CR GlJJNEflSHIP 1J1: 2IJ017 SDIVJ LICt.NSl FROM KEN I S SUPFf~-SFRV, INC. .... I Section.1. . .. / APPLICANT INf9RMATI9N · . . . ,• ,•;,· . ·. I APPLICANT #1: APPLICANT #2: JASWANT s: SIDHU RAJWJl''f)ER S. GRFl1JAL HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER : 24559 EM 11 Y DR 1150 CHICAGO DR BRO\tJNSTOlJJN ~ fill 481 83 61 6 662 I 000 I ILJOSUI\JV ILU:., MI l1~1/1~6 616 66? t1f3/.17 DATE OF BIRTH: / 0 - 2. 3 - 61. DATE OF BIRTH: 7- 3 /- / q 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? D Yes No • o Does the applicant have a Visa? Enter status: @ .:..Yes D No · o 0oes the applicant have a Visa? Enter status: Date fingerprinted: 2.- / · o / Date fingerprinted: /· 3- O I I ·•·. Attach the fingerprint card and $15.00 for each card and.mail to the Llquorponfro.l "c::onimission. •\.i I /' ARREST RECORD: Felony 0 Misdemeanor O ARREST RECORD: 0 Felony Misdemeanor O 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) I Section 2. · Investigation of Busine~!3 and Addri:tss to be lice.nsed ·• ·• ·: .·.·. . '•· ·· ••: •·. ., ..:,,. I ... · Can living quarters be reached from the inside of the establishment without going outside? D Yes ~ No Dqes applicant intend to have dancing or entertainment? 'f] No 0 Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit 1 Are gas pumps on the premises or directly adjacent? D No ~ ' Yes, explain relationship: Property i8 a ~as stc1tion. j Section 3 . Local arid State Co.des 13rid Ordinances, and GeneralRecommendatioris . Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? ~ Yes No D If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated repor1 If more space is needed) I Section 4. Recommendation ·- I From your investigation: 1. Is this applicant qualified to conduct this business if licensed? lg] Yes No D 2. Is the. proposed location satisfactory for this business? Yes No 0 D 3. Should this request be granted by the Commission? (ill Yes No D 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated repor1 If more space Is needed) ~-/"-/ o, Signature (Sh~riff or Chief of Police) Date ,LC -1800 Rev. 06/97 (Mail white copy to the Commission, Keep y ellow c opy for your file) Affirmative Action 61,j/724-6703 FAX/722-1214 Assessor 616/724-6708 FAX/724-4173 Cemetery 616/724-6783 FAX/726-5617 Civil Service 616/724-6716 FAX/714-4055 Clerk 616/724-6705 FAX1724-4173 Comm. & Neigh. Services March 6, 200 I 616/724-6717 FAX/726-250 I Engineering 616/724-6707 FAX1727-6904 Ms. Jacqueline Vines, President Finance East Muskegon Neighborhood Association 616/724-6713 217 4 Continental FAX/724-6768 Muskegon,MI 49442 Fir"e Dept. 616/724-6792 FA1(1724-6985 Dear Ms. Vines: Income Tax 616/724-6770 A request has been received from the Liquor Control Commission to transfer FAX/724-6768 ownership of the existing 2000 SDM license at 1992 S. Getty from Cindy's Food Info. Systems Marts. A SDM license permits the sale of beer and wine for consumption off the 616/724-6706 FAX/722-4301 premises. On Tuesday, March 13, 200 I, the City Commission will review this request and dete1mine whether or not it should be recommended for approval. Leisure Service 616/724-6704 FA¼/724-1196 You are being sent this notice because the City Commission would like to know Manager's Office how the Neighborhood Association feels and would appreciate any comments that 616/724-6724 FAX/722-1214 they may have. You may send these comments to 933 Terrace, Muskegon, MI 49440 or attend the City Commission Meeting March 13, 2001, at 5:30 p.m. in the Mayor's Office 616/724-670 I Commission Chambers. FAX/722-1214 Neigh. & Const. If you have any questions, please feel free to contact me at 724-6705. Services 6 I6/724-6 715 FAX/726-2501 Sincerely, Planning/Zoning 616/724-6702 FAX/724-6790 Police Dept. Linda Potter 616/724-6750 FAX/722-.'i-l0 Deputy Clerk Public Works 616/724-..\100 Cc: William Wright FAX/722-4188 Treasurer 616/724-6720 FAX/724-6768 Water Billing Dept. 616/724-6718 FAX/72•!-6768 Water Filtration 616/724-4106 FAX/755-5290 City of !Vfoskegon, 933 Terrace §tree!, l'.D. !Box 536, Muskegon, Ml 49443-0536 Affirmative Action 6{6/724-6703 FAX/722-1214 Assessor 616/724-6708 F AX/724-4178 Cemetery 616/724-6783 F'AX/726-5617 Civil Service 616/724-6716 FAX/724-4055 Clerk 616/724-6705 FAX/724-4173 Comm. & Neigh, Services March 6, 2001 616/724-6717 FAX/726-2501 Engineering 616/724-6707 FAX/727-6904 Mr. Kenneth D. Kamp Finani-e Mr. Jaswant S. Sidhu 616/724-6713 FAX/724-6768 Mr. Rajwinder S. Grewal Fire Dept. 616/724-6792 Dear Gentlemen: FAX/724-6985 Income Tax This letter is to inform you that your request to transfer ownership of the 2000 616/724-6770 SDM licensed business will be presented to the City Commission on March 13, F AX/724-6768 2001. This meeting begins at 5:30 p.m. and is located in the Commission Info. Systems Chambers, 933 Terrace, Muskegon, MI. 616/724-6706 FAX/722-4301 Leisure Service This request has also been sent to the East Muskegon Neighborhood Association 616/724-6704 for their comments. It is Commission practice to let the Neighborhood FAX/724-1196 Association !mow of any liquor license requests that are located within their Manager's Offke boundaries. This allows for comments from the people who live there and not 616/724-6724 FAX/722-1214 just from the owners of the business' who are located there. Mayor's Office 616/724-670 I If you have any questions, please feel free to contact me at 724-6705. FAX/722-1214 Neigh. & Const, Sincerely, Services , , 1 616/724-6715 / ,I ·j' _//;~ FAX/726-2501 I ,,..---\: .\, .-V \,(_,-'(J__ I ~/· -.._. Planning/Zoning 6[6/724-6702 Linda Potter FAX/724-6790 Deputy Clerk Police Dept. 616/724-6750 FAX/722-5140 Public Worl1s 616/724-4100 FAX/722-4188 Treasurer 616/724-6720 FAX/724-6768 Water Billing Dept. 616/i24-6718 FAX/724-6768 Water Filtration 616/724-4106 FAX/755-5290 City ol Muskegon, 933 'ferrace Street, ll'.O>. IBiox 536, Muskegon, Ml 49443-0536 Req. If)# 95 172 Step, ~ (~ LIQUOR LICENSE REVIEW FORM' ti[ NOV 2 9 31D Business Name: _ _K.. . ;e;.;_n_'sc.. . . c.S. :. Jup.;_;:e;.;_r_-Sc.. . ;e;.;_r..;._v...... l·~~ ~-- -·- , """"I-'-'--nc..:;__;.'-----------'---,--...,- -. - AKA Business Name (if a p p l i c a b l e ) : - - - - - - - ~ - - - - - Operator/Manager's Name: Kenneth D. Kamp Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfeir of Ownership D !xx] · Dance Permit Drop/Add Name on L icense D· Transfer L ocation D Drop/Add Stockholder Name D New 1Eimtertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all.l information: December 5 , 2000 Police Department Approved rz(Denied 0 No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_ _ _ _ _ __ _ _ _ _ _ __ _ __ __ Gail A. Kundinger, City Clerk Liquor License Coordinator 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 November 14, 2000 933 Terrace St REQUEST ID# 95176 Box 536 STEP 2 Muskegon, MI 49443-0536 The Liquor Control Commission has received an application from: Raj & Sidhu, Inc. request to transfer ownership of 2000 SDM licensed business from Ken's Super-Serv, Inc. located at 1992 s. Getty, Muskegon, MI 49442, Muskegon County. Stockholders: Jaswant S. Sidhu 24559 Emily8 Dr Brownstown, MI 48183 616 662 1000 Rajwinder s. Grewal 3150 Chicago Dr, Husonville, MI 48426 616 662 4847 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 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 November 14, 2000 933 Terrace st REQUEST ID# 95172 step 1 Box 536 Muskegon, MI 49443-0536 The Liquor Control Commission has received an application from: Ken's Super-Serv, Inc. request to transfer ownership of 2000 SDM licensed business from Cindy's Food Marts, Inc. located at 1992 s. Getty, Muskegon, MI 49442, Muskegon County. Stockholder Kenneth D. Kamp 15945 Orchard Point Dr, Spring Lake, MI 49456 616 842 1883 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 RECEIVED LC-3104 Rev. 6/90 i'lW V 1 G 2/)0fl 4880-2068 nll ___ ,__ MUSlteQOrJ Cl.TV MANAGEll'S __; ___ OFFIC!:: ·---... MIC>ilGAN DEPARTMENT OF COMMERCE LIQUOR CONTROL COMMi'SSION Step 1, ID# 95176 RESOLUTION 1 2001-27(~ ) At a _ ___,;_:.Rec:. g.i. ; u: . . ;l:. ; :a.r _____ meeting of the _ _ ___;_C..;..,it,;...Y.......,;C;.;:o~m.;:.:m.:..;i..:::s.:::.s.;...i.::..o;_;_n,--_ _ _ __ __ (flegulat, or Spacial) (Towrallie» lloald. Cll'f of Village Councill o_r_N_i...;..e_ls-'--e_I_1_ __ on called to order by __M_a..,.,_ 1 _.:..M:.;::;a:.:. r.: . ch ;.;__1....;;3:...i-.: 2.::.. 0.::..0.;...1_ _ _ at 5 : 30 P.M. the following resolution was offered: Moved by Commissioner Schweiflerand Supported bv Commissioner Aslaksoo That the request from Ken's Super - Serv , Inc . t o trans f er owners hip of 2000 SOM licensed business f rom Cindy's Food Marts , Inc . -located at 1992 S. Getty, Muskegon, MI 49442, Muskegon County . St ockho lder Kenneth D. Kamp, 15945 Orcha_rd Point Dr, Spri ng Lake , MI 494 56 . be considered for a rov al ( ~ e l or DIMpp,owail Approval Disapproval Yeas: 5 Yeas: Nays: 2 Nays: Absent: 0 Absent: It is the consensus of this legislative body that the application be recommen ded - - - (Recommended 0t _ _ _ _ _ _ _ _ _ _ _ for issuance. not Recommenoe.:tl State of Michigan ) SS County of Mu ske go~ I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the ___C :.:. 1.;. .t·-'-'y'-----'C:. . : o:.:.;.m:.:.;.m:. :.is.::.. .: . s.:..io:: :.n: :.:...__________ at a _ __.:.R.:.::e::.;;gC:'.u~l~a~r_ _ _ _ __ _ __ __ (Re,iular or SpecIaI1 meeting held on the 13th of March. 2001 (Oa.tal (Signed) -~ ·~ -·O _~ - -. (Town&lltp, Coty. ----,-- -- Clerk o, VIll&Qe -----) ~ - Gail A. Kundinger, City C erk 933 Terrace, PO Box 536 ("441- of Tawna/up, City or VIll1Q• Bo.rd) SEAL Muskegon, MI 49443-0536 :.' -- I MICHIGAN DEPARTMENT OF COMMERCE LIQUOR CONTROL COMMISSION Step 2 10#95176 RESOLUTION 2001-27:(b 2 ) At a __R___e~g_u_l-'--ar______ _ meeting of the _ _ _ _ _C __i_t-"'-y_..;._C_om_m-is_s_i_o_n_-,--_ ____ (Regula,, « Scleaai) (Townenip lloar4. Cit, ol VIiiage Covncill called to order by Mayor Nie 1sen on _M___a,;,;, r.c'.;."""h_1___3~2"""0---0_1_ __ at 5: 30 P.M. the following resolution was ottered: Moved by Commissioner Schweifler and Supported by Commissioner Aslakson That the request from Raj & Sidhu, Inc. request to transfer ownership of 2000 SOM licensed business from Ken's Super-Serv, Inc. located at 1992 S. Getty, Muskegon, MI 49442. Stockholders are Jaswant S. Sidhu and Rajwinder S. Grewal be considered for A roval (All9r0¥al or Oluppnlvall Approval Disapproval Yeas: "5 Yeas: Nays: 2 Nays: Absent: 0 Absent: It is the consensus of this legislative body that the application be Rec.ornroendad _ __ (A.,,:omm•,_ o< _ _ _ _ _ _ _ _ _ _ _ for issuance. State of Michigan ) SS County ot Mu skegon) I hereby certify that the foregoing is a true and complete copy of a resolution ottered and adopted by the _ _ _City _..::.__ _ _ __ __ _ _ _ _ _ _ _ at a _ _ _ _Reqular Commission _.,____ _ _ _ _ _ _ _ __ (A"9ullll ~r ~pec oolJ 13th of March, 2001 ~ o.L~ _ meeting held on the (DoleJ . (Signed) d,;.....,,.p. Coty. Of V11a.ge ClerkJ ,~ Sail A. Kundinger, City ~ erk 933 Terrace , PO Box 536 .._....... . (Adel•- ol Town&111p. c,iy Of Vtl!OQ• 8olrdJ - - -- - SEAL Mu skegon , Ml 49443-0536 \ Business Name: LIQUOR LICENSE REVIEW Raj & Sidhu, Inc. FO~l Req. ID# 95176 S1t ~~ il:, ! NOV 2 9 21111 _ . : ;• .. ~· • • ••• • ; J;": . • AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ __ __ Operator/Manager's Name: Jaswant S. Sidhu & Raiwinde r S. Grewa l Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfer of Ownership [ii] D Dance Permit Drop/Add Name on License •· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline fo:r receipt of all information: December 5, 2000 Police Department ·Approved ¢ Denned 0 No Action Needed D Income Tax Approved D Owing D Amount: Treasu!l"er Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. ·K undinger, City Clerk Liquor License Coordinator MEMO To: Chief Tony Kleibecker CC: Det. Sgt. Dean Roesler From: Det. Kurt Dykman Date: 02-01-01 Re: Transfer of ownership of Liquor License at 1992 S. Getty St., Muskegon, Ml. 49442. ChiefKleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant Ken's Super-Serv Inc. and Raj & Sidhu, Inc. This is a two-part transfer. Ken's Super-Serv Inc. is requesting the current license to be transferred from Cindy's Food Mart's Inc. into their name (part one) then Raj & Sidhu Inc is requesting the license then to be transferred into their name. 1992 S. Getty St is currently a 2000 SDM licensed business. I have spoke with Kenneth Kamp M/W 9-22-50 about this transfer. For purposes of the sale of this business Mr. Kamp is in need of the license to be placed into his name before the transfer to the new owners, Raj & Sidhu Inc. I met with both parties of Raj & Sidhu Inc., Rajwinder Grewal, W/M 7-31-79, of3150 Chicago Dr, Hudsonville MI 49426, and Jaswant Sidhu, W/M 10-23-62, of24559 Emily Dr, Brownstown, MI 48183. This investigator was advised that Mr. Sidhu will be an owner and Mr. Grewal will be managing the business. Mr. Grewal is not a citizen of the USA but does have permanent Resident Alien status. 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/Raj Req. ID# 95176 Step 2 ·LIQUOR LICENSE REVIEW FORM Business Name: Raj & Sidhu, Inc. ----=----~-------------- AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ __ __ Operator/Manager's Name: Jaswant S. Sidhu &Raiwinder S. Grewal Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D 'fransfeir of Ownership @ D Dance Permit Drop/Add Name on License D Transfer Location D Drop/Add Stoclkholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for ire~eipt of all information: December 5, 2000 Police Department Approved D Denied D No Action Needed D 'i))+- Income Tax Approved gJ Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compiia111ce D Remaining Defects Services Department Signature_~....;.._~ __L«J. _ .,;_J_(.. .~J~ - - - - - - - - - - - - Gail A. Kundinger9 City Clerk Liquor License Coordinator Req. IB# 95172 Step 1 LIQUOR LICENSE REVIEW FORM Business Name: _..:,__;_;_;Ke=n'-'.: :. . s. . ; .S. . ;. .upo;;. .;e:;. ;. r_. :S_;:;_;e:;. ;. r. .:. .v..... , --=I..;.;.nc_;:;_;•=-------------- AKA Business Name (if applicable): - - - - - - - ~ - - - - - Operator/Manager's Name: Kenneth D. Kamp Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfer of Owneirship Iii] DDa-nce Permit Drop/Add Name on License •· Transfer Location D Drop/Add Stoclldwider Name D New E~tertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: December 5, 2000 D Denied D Police Depa:rtme1111t Approved No Action Needed D ~ ~ ~-\1\0\ Income Tax ~ ~ pproved J:lj~ owing O Amount: - - - - - Treasurer Approved • Owing 0 Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signatu:re_U _ ·~ ~- - ~- - - - - - - - - - - - - - - - h~~k:- Gail A. Kundinger, City Clerk Liquor License Coordinator Req . ID# 95176 Step 2 LKQUOR LICENSE REVIEW FORM Business Name: Raj & Sidhu, Inc. --- ------'--------------- AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Jaswant S. Sidhu & Raiwinder S. Grewal Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D . Transfer of Ownership [n Dance PermitD Drop/Add Name on License •- Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline frnr receipt of ail information: December 5, 2000 Police Department ·Approved D Denned D No Action Needed D Income 'fax Approved • Owing D Amount: Treasuirer Approved ~ Owing D Amount: Zoning Approved D •Denied Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_~--•- -~- - _ _ _1.-1-;/-~.....,.D/_o:i _ _ _ _ _ _ __ r' Gail A. Kundinger, City Clerk Liquor License Coordinator Req. I~# 95172 Step 1 LIQUOR LICENSE REVIEW FORM Business Name: ___ Ke_n_'_s_S_up._e_r_-S_e_r_v...... , _I_n.;_c' " - - - - - - - - - - - - - - AKA Business Name (if applicable): - - - - - - - ~ - - - - - Operator/Manager's Name: Kenneth D. Kamp Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfer of Ownership lxx] D Dance Permit Drop/Add Na-me on License • Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline fo.r :receipt of all information: December 5, 2000 Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved [11 Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services ~ Department Signature_§_........,a. Ld¾, 1 ~- -,;,_ _ _j_Jo_,_/'_~_________ l Gail A. Kundinger, City Clerk Liquor License Coordinator Reqr ID# 95172 Step 1 LIQUOR LICENSE REVIEW FORM Busih:ness Name: · Ken's Super~Serv, Inc. AKA Bansiness Name (ff applicable): _______________ Op<eratoir/Malllager' s Name: Kenneth D. Kamp 1992 S. Getty Muskegon, MI 49442 Rfason for Review: NewLkense D T:ransfer of Ownerslbuip lix] · Dance Peirmit D ID>rojp/Arlldl Name OllD. JLkellllse •· Tiransfeir Location D New JEnlterfaliHD.ment Permit D- Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ De~dlliillJle fo:r Jrte(Ceipt o:f mllll illllfo:rmatnrnrn: December 5, 2000 ·JP>oBihce Department Approved! D Demied D No Adim:n Needed 0 lfllllcome Tax Approved • Owing D A.mmun1t: Tireasmureir Approved • Owing D Amommt: Zonillllg 1¥} AJPlJPliroved Deimliied 0 .PendliHllg ZJBA • Clerk's Approved IJ Ownng • Amouumt: Filre/linspedi4ln Compllfamce 0 Remaining Defects Services :Departmernt Sigmdu.nre Gain A. Kmndnllllgeir, City Cfoirlk Liquor License Coordinator ..:- -,, Req. ID# 95176 Step 2 ·LIQUOR LICENSE REVIEW FORM .Bunsnness Name: __Raj __ & Sidhu, ___;__ ______________ Inc . ____;____; AKA Business Name (if appllicalbfo): _ _ _ _ _ _ _ _ _ _ _ __ Operatoir/Mallll.agen-'sName: . Jaswant S . Sidhu & Raiwinder S. Grewal Busliness Addlress: 1992 S. Getty Muskegon, · MI 49442 Rea~mn for Review: New License D D1rop/Ad.di Name mm Llicel!llse •· D 'f1rnimsfeir JLocatfo1m 1 Dirop/Adldl Stoclkllmlldleir Name 0 New JEntertainmeimt Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Dead!RJi!Dle frnr receip1l: of all11 im11fo1rmatirnrn: December 5 2000 Police DepartmellD.t ·Approved 0 IDelllliedl 0 No Action Needled D Income 'fax Approved • Owillllg D Amommt: Treasuirer Approved • Owillllg D Amm.nimt: Zoning Approved! ~ Denned• PeBlldling ZEA • Clerk's Approved! J7 Owing • AmoUJmt: Fin-e/Jins pectio:rm Compllhrnce D RemaiimilO!g Defects Se:rv-uces Depairtment Sigimatmre IYlifl[l&7lu Gain A. Kmndli:ngeir, City Clleirk Liquor License Coordinator Potter, Linda - - -------- ------------------- From: Cameron, Mike Sent: Tuesday, March 06, 2001 1:34 PM To: Potter, Linda Subject: Liquor Lie. Application I spoke to Brenda and she remembers looking at the property at 1992 S. Getty and Zoning has no problem with this site. Sorry for the delay. I don't have the form so if you need it signed please send me another one. Thanks 1 EXPLANATION AMOUNT Ciil!DY'S FOOD MARTS, iNC. 7173 812 W. LAKETON MUSKEGON, Ml 49441 9-91-720 PAY AMOUNT OF -~ DO1,.LARS CHECK CHECI< AM0Uf,1T DESCRIPTION NUMBER • t''F " '1 11 .A, , t\ f;J r , v \\;,'2" •t<1\'::;' ti..! .... 1 (li:13J ~; ~o .co rii NATIONAL CffY BAN~ Of MICH!GAM/illllWrns ~ -1~-- KALAMAZOO. MICHIGAN t, ........... ID ---·--·--·- 1',? 11•0000 7 1. 7 311• 1:0 7 2000 i, ~ s1: 0380 ~3 EXPLANATION AMOUNT CINDY'S FOOD MARTS, INC. 7171 812 W. LAKETON MUSKEGON, Ml 49441 9-91-720 PAY AMOUNT OF DOLLARS CHECI< DESCRIPTION CHECK !\MOUNT NUMBER ~t-_CN-..-ll.l !bl,J I I/I //J $ rs.w o, l.,_, NATIONAL CITY BANI{ OF MICHIGANIILl!NOIS KALAMAZOO, MICHIGAN ... ~-~· u!J? 11"0000 7 l. 7 in• 1:0 7 2000 g L S1: 1,0 38tl L 31, i Su• 74-5/724 10 0 9 MANJIT GREWAL 08-00 7515464852 3150 CHICAGO DR. HUDSONVILLE, Ml 49426 rJJate / "r ~ ~CJ ( 0 I ~ <_Pay lo the order of c' I TY j ..-N 6 lu.1-110Lui ({])/L/11) ~fER/7[ Old l(ent Bank 111 Lyon Street NW. . Grand Rapids, Ml 49503-2406 lYien•"/[ C~ 7 0:0 7 2~000 s 2•~ MANJIT GREWAL 08-00 74- 5/724 7515464852 1008 .,3150 CHICAGO DR. HUDSONVILLE, Ml 49426 rJJate /. ':;~ -? Q- ( ' 0 . '·.·. I <Pay to the _ _· _ _ ___:_ S_._'7.L. ,...,,E_L_ _c:__,:__f_ '1.. 1_'7 ____J/1),_ ' -'-'-'- - - - ' orderf{ f ~ ,~ ~'V' . - --'J.t::--.._:\--,1-....\.1::::....s,;:x..='--'-=-------------------rjJo l la rs [ffi)$'~':; .I . @tH!Jl~!EIWTr Old Kent Bank 111 Lyon Street NW. 001 Grand Rapids, Ml 49503 -2406 . lYiemo L LL -~ -•:0 7 2l.000 S 21: ~008 Req. IO# 95172 Step 1 LIQUOR LICENSE REVIEW FORM Business Name: Ken's Super-Serv, Inc . AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Kenneth D. Kamp Business Address: 1992 S. Getty Mu skegon, MI 49442 Reason for Review: New License D Transfer of Ownership [xx] D Dance Permit Drop/Add Name on License • Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: December 5, 2000 Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved '3] Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature__~""""'"";...=._.____ _ _,_ ~ ..::........r... c...==-..,.,._ _ _ _ _ _ __ Gail A. Kundinger, City Clerk Liquor License Coordinator Req. ID# 95176 Step 2 -LIQUOR LICENSE REVIEW FORM Business Name: Raj & Sidhu, Inc. --------------------- AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Jaswant S. Sidhu &Raiwinder S. Grewal Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfer of Ownership @ D Dance Permit Drop/Add Name on License • Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: December 5, 2000 Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved ® Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature {;J(/JJ&, ~ Gail A. Kundinger, City Clerk Liquor License Coordinator Req. ID# 95176 Step 2 LIQUOR LICENSE REVIEW FORM Business Name: __Raj ___ ______________ Sidhu, Inc. ___;;_ & :..___ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Jaswant S. Sidhu &Raiwinder S. Grewal Business Address: 1992 S. Getty Muskegon, MI 49442 Reason for Review: New License D Transfer of Ownership @ D Dance Permit Drop/Add Name on L icense •· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline frnr receipt of all information: December 5, 2000 , Police Department Approved. D Denied D No Action Needed 0 Income Tax Approved • Owing D Amount: Treasmre:r Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compiialllce -~ . Remaining Defects Services Gail A. Kundinger, City Clerk Liquor License Coordinator Req. ID# 95172 St ep 1 LIQUOR LICENSE REVIEW FORM Business Name: Ken's Super~Serv, Inc. AKA Business Name (if applicable): - - - - - - - ' - - - - - - - - Operator/Manager's Name: Kenneth D. Kamp Business Address: _. __1_99_2_ S_._G_et_t~y_ _ _ __ _ __ _ _ _ __ Muskegon, MI 49442 Reason for Review: New License D Transfeir of Ownership D [iii · Dance Permit Drop/Add N~rme on License •· Tira:nsfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: December 5, 2000 ' Police Departnnellllt Approved D Denied D No Adion 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 ~ Remaining Defects Services Gail A. Kundinger, City Clerk Liquor License Coordinator Commission Meeting Date: March 13, 2001 Date: March 1, 2001 To: Honorable Mayor and City Commissioners from: Planning & Economic Development C'i!:L- RE: IP11.11biic Hearing • Request for an Amendment to an Industrial Facilities Exemption Certificate - Dymet Corporation SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Dymet Corporation, 1901 Peck Street, Muskegon, Michigan, a manufacturer of powder metallurgy component parts, has requested an amendment to their Industrial Facilities Exemption Certificate No. 99- 699 issued October 12, 1999. The amendment requested is an increase in personal property from $300,000 to $371,905. In addition, Dymet is requesting from the State of Michigan revocation of $52,000 abatement in real property. Due to customer demand, it was necessary for Dymet to expend their entire capital budget on machinery and equipment. FINANCIAL IMPACT: No change from the original certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution granting an amendment to the Industrial Facilities Exemption Certificate for Dymet Corporation for the remainder of the 6 year request. COMMITTEE RECOMMENDATION: None 3/1/2001 1 Resolution No. 2001-28{a) MUSKEGON CITY COMMISSION RESOLUTION APPROVING AN AMENDMENT TO INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE DYMET CORPORATION WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on October 12, 1999 this Commission by resolution approved Industrial Facilities Certificate District# 99-699 as requested by Dymet Corporation, 1901 Peck Street, Muskegon, Michigan, 49441; and WHEREAS, Dymet Corporation has filed an application for an amendment to Industrial Facilities Tax Exemption Certificate #99-699 for the installation of new machinery and equipment; and WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on March 13,2001 at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted. NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon, Michigan that: 1) The Muskegon City Commission finds and determines that the amendment to the Certificate considered together with the aggregate amount of certificates previously grantee and currently in force under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Muskegon. 2) The application of Dymet Corporation, for the amendment of Industrial Facilities Tax Exemption Certificate #99-699 with respect to installation of additional machinery and equipment on the following described parcel of real property situated within the City of Muskegon Industrial Development District# 99-699 to wit: Lots 4, 5, 6, and 7, of Block 2 of Dennis Smith & Co's South Side Addition, on part of the Northeast¼ of Section 31, Town 10 North, Range 16 West, as recorded in Uber 3 of the Plats, Page 3 in the Office of the Muskegon County Register of Deeds. And; Lots 8, 9, 10, 11, and 12 of Block2 of Dennis Smith & Co's South side Addition, on part of the Northeast¼ of Section 31, Town 10 North, Range 16 West, as recorded in Uber 3 of Plats, Page 3 in the Office of the Muskegon County Register of Deeds. 3/1/01 2 3) The Industrial Facilities Tax Exemption Certificate #99-699 is amended and shall be and remain in force and effect for the remainder of the original six (6) year periodon personal property. Adopted th_is 13th Day of March, 2001 Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict Nays: None Absent: None I hereby certify that the foregoing constitutes a true and 'Complete copy of a resolution adopted by the Musl<egon City Commission, County of Muskegon, Michigan, at a regular meeting eld on March 13, 2001. Gail Kundinger, Cieri< 3/1/01 3 Michigan Department of Treasuiy, STC 1012 [Rev. 9-98) L-4380 APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE This form is issued as provided by P.A. 198 of 1974, as amended. Section references on this form are to specific sections of the act that ,xplain or require the data. Filing of this form is voluntary. The application should be filed after the district is established and no later than (within) six months after the commencement of the project. This project will not receive tax benefits until approved by the State Tax Commission. INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and the required attachments (five complete sets) with the clerk of the local government unit. (The State Tax Commission requires four complete sets (one original and three copies)). One copy is retained by the clerk. I TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION ! I Signature Application No. . I Date Received Date Received l Written Agreement? I ; . • YES • No I - . this fine Begin entries at 1 below Applicant do not write abov"' 1a. Applicant (Company) Name {Applicant must be the occupant/operator of the facility) b. Standard Industrial Classification Code {Sec. 2{10)) ; Dymet Corporation Four Digit Code 1 I 1 I a I o c. Company Mailing Address (No. and Street, P.O. Box, City, State, ZIP) First time applicants attach copy of Worker's 190 1 Peck Street, Muskegon, MI 49441 Compensation policy displaying workers codes d. Location of Facility (No. and Street, City, State, ZIP) (Attach Legal Description) e. Cityffwp.Nillage f. County Same Muske<>on hlf,, clr ~ - - ·- I 2. Type of Approval Requested 3. School District Where Facility is located a. School Code · "" I ~ NEW (SEC. 2(41) • SPECULATIVE BUILDING (SEC. 3(81) Muskeaon 6101 0 I • • TRANSFER (of existing certificate) {1 copy only) 4. How Many Years of Exemption Requested? (See note in box 19 regarding j i REHABILITATION (SEC. 3(1)) • RESEARCH and DEVELOPMENT (SEC. 2(9)) 5. Explain Applicant's Principal Type of Business (Detailed description of operations) Inclusion of the words 'after completion,") Dymet is a manufacturer of powder metallurgy component parts for the automotive, office furniture, hand tool, farm & Garden and instruments and and controls industries. Operations include compacting, sintering, heat treating, machining and tool & die making. 6a. Rehabilitation Applicanls Only: General Description and Use of Existing Facility (Number of buildings, type, size, use, products manufactured, type of research or development.) N/A b. Explain Degree and Type of Obsolescence Affecting Existing Facility. N/A 7. Describe Project for Which Exemption is Sought (Type of Improvements to Land, Building; Size of Addition; Persona! Property Acquired - Explain New Used, Transfered from v Out-of-State, etc.) and Proposed Use of Facility The tax exemtion is being sought for the purchase of a used Press in 1999 and purchase of anotherZpresse,in 2000. Presses are being purchased from ~~tside the state of Michigan. 8. a. Cost of land improvements (Itemize) Excluding cost of land .......... _ _ __ $ a. 0 b. Cost of building improvements. (List major types & cost on attachment.) Building permit required (See instructions on page 4, item 4) _ __ b. 0 c. Cost of machinery and equipment. (Itemize: month, day & year and total on attachment; see instructions on page 4, item 2) ........·----······.............. C. 371,905 d. Cost of furniture and fixtures. (Itemize: month, day & year on attachment; see instructions on page 4, item 2) _ __ d. 0 TOTAL PROJECT COST.. ( see attachment) .................. $ 371,905 Continue on Page 2 1012 (page 2) 9. List Time Schedule for Start and Finish of Construction Stages and Equipment Installation. Project dates must be projected and completed within a two year period. (See Instructions, page 4, items 2 and 4.) NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than ' 6 months before this application is filed. Estimate dates when applicable. Begin (M/D/Y) End (M/D/Y) THIS SECTION MUST BE COMPLETED WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements: SEE ATTACHMENTS NOT ACCEPTABLE). Personal Property Improvements: 1 n ; , n 11 q q q 1~/,f\/~f\f\1 10a Are the Buildings Owned or Leased by the Operator of the Facility? lxJ OWNED D LEASED (Attach ~opy of lease.) b. Is Applicant Liable for Payment of Ad Valorem Taxes on This Property? [xi YES • No . c. Are Machinery and Equipment, Furniture and Fixtures Owned or Leased by the Operator of this Facility? lxJ OWNED D LEASED (Attach acopvof !he lease.) 11. Will the Property for Which This Application is Filed be Included in an: a. State Enterprise Zone or State Renaissance Zone D YES ~ NO Clerk's Certiflcalion [z] NO b. 307 Site Contaminated Property File Number D YES 12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. ~ a. Enter total number of employees at site priorto start of project. 40 b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? -········· 40 c. Number of new jobs at this site expected to be created within 2 years of project completion? 4 ··········· 13. Has the project caused or will it cause, a relocation of employmentfrom one or more Michigan governmental units to the unit in which the project is or will be located? a. DYES [xi NO I b. Numbe, of Jobs fnvofved m Facd1ty Aelocal!on Ic. Prev:/ ~cation of Facifity (City, Township, Village) N/A d. Attach a certified copy of the resolution passed by the governmental unit from which employment is, to be transferred consenting to the transfer of employment. Date resolution was adopted ......... 14. Rehabilitation applications: Complete a, b and c. Attach assessor's statement of valuation for the entire plant rehabilitation district a. SEV of Real Property (Exclude Land) b. SEV of P_ersonal Property (Exclude Inventory) c. Total SEV as of Dec. 31, 19___ l\1/A I N/A 15a The Facility is Located in the following Type of I N/A . District Established by the Local Governing Unit: b. Name of Governing Unit that Established District C. Date District was Established • INDUSTRIALDEVELOPMENT DISTRICT Cit:<t:z of Muskegon Attach csrtified copy of resolution D PLANT REHABILITATION DISTRICT and drawing of district. NOTICE AFTER DEC. 31, 1983: Section 9(2}(b) provides that a written request (Date stamped by local unit} to establish the district MUST be filed prior to the commencement of any improvements or construction. Please furnish a copy of the written request. . 16a. Is This Application for a Speculative Building (Sec. 3(8)}? [ii NO• Go to 17 below 0 YES - Complete b, cand d b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c. Date of Resolution (Attach copy) d. Date of Construction Commenced (See page 4, item 4) e. Attach a Certified statement from the building owner and assessor that the building has not been occupied since completion of construction. (See page 4, item 13.) D Owner D Assessor 17. Complete this section if application is for a replacement facility which will not be located on the same site or conti9uous to the obsolete facility. The obsolete facility will be disposed of as follows: N/A . Continue on Page 3 1012 (Page3) APPLICANT'S CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial property for which this application is being submitted. It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the State Tax Commission. 18. Name of Person to Contact for Further lnfonnation John Holman TIile I Phone ' I Mailing Address President 231-726-5061 Il 1 9 0 1 Peck Street, 1ype Name oi Company Officer Muskeqon, MI 49441 Signature ~l - JC'', '-• 1 ---· I ~ ) John Holman i nue President Date ' 2121101 .'~ iL/ \lf" ~~-;;:;;:_~,••. I II' LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting application to the State Tax Commission 19. Action Taken DOCUMENTS REQUIRED • 1. Application plus attachments. (See inst. pg. 4, ii 1-7) • ABATEMENT APPROVED FOR Years • • 2. Notice to the public prior to hearing to establish district. 3. Resolution establishing district. Ending December 30, (not to exceed 12 years after project completion) • 4. Notice to taxing authorities prior to hearing to approve application. There are circumstances in which the words "after completion" could • 5. List of taxing authorities notified. ex1end the length of the exemption by 2 to 3 years. Please call the • 6. Resolution approving application. Property Tax Division at (517) 373-2408 if a further explanation is needed. • 7. (a) Letter of Agreement (Signed by local unit and applicant) per PA 334 of 1993. (b) Affidavit of Fees (Bulletin 3, 1/16/98). • DISAPPROVED D D 8. 3222 (formerlyT-1044A) (if applicable). 9. Speculative building resolution & affidavits. 20. Name of Local Government Body Date of Action on This Application Attached hereto is a copy of the application and all documents required. Signature of Clerk C'ate Phone Clerk's Mailing Address City ZIP Code State Ta:c Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be actedupon by December 31. A"~lications received after October 31 will be acted uoon in the followinci vear. Mail completed application and all attachments to: State Ta:c Commission Michigan Department of Treasury P.O. Bo:c 30471 Lansing, Michigan 48909-7971 If you have any questions, please call (517) 373-2408 or 373-3302. if • :::::IDYMET ~ POWDERMErALLURGY A QS9000 COMPANY DYMET CORPORATION 1901 PECK STREET MUSKEGON MICHIGAN 49441 231-726-5061 FAX 231-728-1465 February 20, 2001 Original Addendum to Tax Abatement Request Dated October 11 1999 Cost of New Machinery / Equipment / Furniture / Fixtures Description Expected Date ofinstallation Expected Cost Purchase and install 200T Bussmann Press October 30, 1999 $130,000 Purchase and install additional press July/August 2000 $ 60,000 Purchase and install additional press July/August 2001 $ 60 000 Subtotal $250,000 Purchase and install furniture and partitions July/August 2001 $50,000 Total $300,000 i. ,.,1 DYM ET 11 i POWDER MEI ALLURGY A QS9000 COMPANY DYMET CORPORATION 1901 PECK STREET MUSKEGON MICHIGAN 49441 231-726-5061 FAX 231-728-1465 February 20, 2001 Current Addendum to Tax Abatement Request Cost of New lvlachinery /Equipment/ Furniture/ Fixtures Description Expected Date of Installation Expected Cost Purchase and install 200T Bussmann Press October, 1999 $130,000 Purchase and install 30T Gasbarre Press November, 2000 $ 89,320 Purchase and install 60T Gasbarre Press December, 2000 $152,585 Total $371,905 City of Muskegon Industrial Development District Summary Sheet Company Summary: Dymet Corporation of 1901 Peck Street has requested the amendment of Industrial Facilities Exemption Certificate #99-699. Dymet is installing $300,000 in personal property and is adding 4 new employees. Dymet Corporation manufactures powder metallurgy component parts for the automotive, office furniture hand tool, farm & garden, and instruments and controls industries. This company has either met or exceeded all of their previous IFT goals. Dymet Corporation has historically been a stable company and employer for the Muskegon area. Due to customer demand, it was necessary for Dymet to expend their entire capital budget on machinery and equipment. Employment Information: Racial Characteristics: White 32 Minority 8 Total 40 Gender Characteristics: Male 28 Female 12 Total 40 Total No. of Anticipated New Jobs: 4 Investment Information: Real Property: $0 Personal Property $371,905 Total: $371,905 Property Tax Information: (Annual) Total New Taxes Generated $10,041 Value of Abatement $5,020 Total New Taxes Collected $5,020 Income Tax Information: (Annual) Total Additional Income Tax Generated: $1,200 Company Requirements: Adopted Affirmative Action Policy g_,._..,.--·ves D No Meeting w/ City Affirmative Action Director w/ Yes D No Signed Tax Abatement Contract D,./Yes D No Taxes Paid In Full 1w·/Yes D No Appropriate Zoning CY"'Yes D No · Matthew Dugene{) Ken James Business Development Affirmative Action . . DYMET R POWDERMEfALLIJRGY A QS9000 COMPANY DYMET CORPORATION 1901 PECK STREET MUSKEGON MICHIGAN 49441 231-726-5061 FAX 231-728-1465 February 20, 2001 johnholman@dymetcorp.com State Tax Commission Michigan Department of Treasury P.O. Box 30471 Lansing, Ml 48909-7971 Attention: Diane Wright - Manager Exemption Section Subject: Dymet Corporation Industrial Facilities Exemption Dear Ms. Wright, Pursuant to instructions from Ms. Debby Abbruzze of your office, Please accept this letter as a request from Dymet Corporation to revoke the real portion of our Industrial Facilities Exemption Certificate (No. 99-699). Due to a need to purchase additional machinery to meet production demand, our entire capital budget for this project was expended on personal property. The estimated $52,000, identified in our application for real property improvements, has been reallocated to the purchase of machinery and equipment. At the present time the City of Muskegon is processing a request from Dymet to amend the personal property component of our certificate. If you have any comments or questions or require any additional information, please do not hesitate to contact me at the phone, fax or email numbers shown above. Thank you for your prompt attention to this request. Sinc;er~ly, ..• t:•:,-2;:;'~~c-''L~"-'J:·~w:::',"'·=••'"'•=- John Holman President Cc: Debby Abbruzze - State Tax Commission Lonna Anguilm -Muskegon City Ass't Planner'"~,-,·· Gail Kundinger - Muskegon City Clerk Dennis Bums - Muskegon City Assessor Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Recommendation for Annual Renewal of Liquor Licenses SUMMARY OF REQUEST: To adopt a resolution recommending non- renewal of those liquor license establishments who are in violation of Section 5-270 and 5-271 of the Code of Ordinance for the City of Muskegon. These establishments have been found to be in non- compliance with the City Code or Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 31, 2001, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adoption of the resolution. LIST OF VIOLATIONS BUSINESS NAME ADDRESS FORM $DUE Rite-Aid 821 Apple X X X 22.00 Jalapeno's 1601 Beach X X 1,835.86 Clover Bar 817 Forest 1,004.42 Tom's Drink All 1500 Getty X H & J Party Store 1813 Getty X X X 594.78 Joey's Place 157 Getty 1,222.04 VFW 165 Getty X Express Lane 1992 Getty X Sunny Mart 1100 Hackley X Adolph's 2185 Hemy X X 1,023.45 Sardine Room 2536 Henry X X Lakeshore Tavern 1963 Lakeshore X X 36.28 Lakeside Pharmacy 1965 Lakeshore X 195.29 Sonento's USA Cafe 2020 Lakeshore X X 1,850.62 Musk. Country Club 2801 Lakeshore X X Beach Party Store 3200 Lakeshore 59.83 H&JMarket 381 Laketon X X Main Event 677 Laketon 1,582.74 Express Lane 812 Laketon X Wesco 1075 Laketon X Kwik-Way 45 E Muskegon X X X 231.48 Brutters 978 Pine X 839.06 Super Stop 2390 Sherman X X X Applebees 1825 Sherman X X Someplace Else 1508 W Sherman 637.65 Frontier Liquor 631 W Southern X Rafferty's Restaurant 601 Tenace Point 217.52 Musk. Family Foods 1157 Third X Brunswick 441 W Western X X Racquets 446 W Western 952.75 Eagles 625 W Western X X . ~' CITY OF MUSKEGON - LIQUOR LICENSE RENEWAL FOR 2001 UNPAID MONIES DUE TO THE CITY OF MUSKEGON PREPARED BY: TAMMIE THOMPSON, REVENUE CLERK DATE: March 2, 2001 TAX AMOUNT AMOUNT AMOUNT TOTAL BUSINESS ADDRESS PARCEL# YEAR DUE INVOICES DUE WATER DUE DUE POP A TOP TAVERN & DELI 2185 HENRY ST 24-900-251-5015-00 2000 714.26 330-085-101 309.19 $ 1,023.45 BEACH PARTY STORE 3200 LAKESHORE DR 24-900-251-0670-00 322-045-101 59.83 $ 59.83 LAKETON QUICK STOP 939 E LAKETON AVE 24-900-251-0840-00 2000 251.10 $ 251.10 BRUTTERS INC 978 PINE ST 24-900-251-0925-00 2000 591.50 210-082-503 247.56 $ 839.06 LIL IRELAND 817 E FOREST AVE 24-900-251-3775-00 2000 1004.42 $ 1,004.42 DOCKER'S 3505 MARINA VIEW 24-900-251-1695-00 2000 2187.42 399-245-701 513.41 $ 2,700.83 H J PARTY STORE 1813 GETTY ST 24-900-251-2570-00 2000 228.78 9810514 231.00 $ 459.78 H J PARTY STORE 1813 GETTY ST 24-900-251-2570-00 9818207 135.00 $ 135.00 GRIFFING --f:::IABEDI !FFFOJYPJE YACH I CLUB JP ALLENS/NATHANIEL ALLEN 1934 PECK ST 3425 FOL ION 913 PINE ST 21 000 251 2§96 gg 2888 163.13 9805738 122.00 218-400-201 141.44 $ $ $ 141.44 463.13 122.00 ra 3/-,-o 1 MARQUETTE INC DBA/JALAPENOS 1601 BEACH ST 24-900-251-3955-00 2000 1835.86 $ 1,835.86 JOEYS PLACE 157GETTY ST 24-900-251-3205-00 2000 1222.04 $ 1,222.04 KWIK WAY FOOD MARKET 45 E MUSKEGON 24-900-251-3475-00 2000 5.00 9816640 25.00 211-145-601 126.48 $ 156.48 KWIK WAY FOOD MARKET 45 E MUSKEGON 24-900-251-3475-00 9818208 75.00 $ 75.00 LAKESHORE TAVERN 1963 LAKESHORE DR 24-900-251-3585-00 2000 36.28 $ 36.28 LAKESHORE PHARMACY 1965 LAKESHORE DR 24-900-251-3610-00 2000 195.29 $ 195.29 MUSKEGON FURY HOCKEY 470 W WESTERN 24-900-251-4440-00 2000 373.86 $ 373.86 MAIN EVENT 677 W LAKETON 24-900-251-3905-00 2000 1333.64 329-002-502 249.10 $ 1,582.74 W _ -OEANS MARKE I 1157 ' f H l l ' t ~ 244-036-002 19&84-$---49lM34-._p 3-S 01 POLISH NATL ALLIANCE 871 PULASKI 24-900-251-5005-00 2000 228.78 $ 228.78 · RACQUEST RESTRUNG 446 W WESTERN 212-271-002 952.75 $ 952.75 RAFFERTYS RESTAURANT 601 TERRACE POINT 299-095-501 217.52 $ 217.52 RITEAID 821 EAPPLE 9812255 22.00 $ 22.00 THE GLENSIDE PUB 1504 W SHERMAN 24-900-251-6160-00 2000 602.65 9815327 35.00 $ 637.65 SORRENTO$' USA CAFE 2020 LAKESHORE DR 24-900-251-6425-00 2000 150.66 9815596 122.00 316-065-503 1577.96 $ 1,850.62 TOTAL $11,424.67 $ 767.00 $4,594.08 $16,785.75 CITY OF MUSKEGON NOTICE OF PUBLIC HEARJNG LIQUOR LICENSE RENEWALS Please take notice that a public hearing will be held on Tuesday, March 13, 2001, at 5:30 p.m. for the renewal of liquor licenses held within the City of Muskegon. The public hearing will be held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan. Any interested person wishing to address the City Commission regarding this matter is welcome to attend and voice their opinions. ADA POLICY The City will provide necessa1y appropriate auxiliary aids and services to individuals with disabilities who wantto attend the meeting, upon twenty-four (24) hour notice to the City of Muskegon. Please contact Gail Kundinger, City Clerk, 933 Terrace Street, Muskegon, Ml49440 or by calling (616) 724-6705 or TDD (616) 724-6773. Please publish March 3 and March 10, 2001. Acct #101-20215-5354 Gail A. Kundinger, CMC/AAE Muskegon City Clerk CITY OF MUSKEGON - LIQUOR LICENSE RENEWAL FOR 2001 UNPAID MONIES DUE TO THE CITY OF MUSKEGON PREPARED BY: TAMMIE THOMPSON, REVENUE CLERK DATE: March 13, 2001 TAX AMOUNT AMOUNT AMOUNT TOTAL BUSINESS ADDRESS PARCEL# YEAR DUE INVOICES DUE WATER DUE DUE LAKETON QUICK STOP 939 E LAKETON AVE 24-900-251-0840-00 2000 253.60 i25~-!iQ ~ BRUTTERSINC 978 PINE ST 24-900-251-0925-00 2000 597.38 210-082-503 247.56 $ 844.94 J e 8!.L.Ef:l!SLf:l!8It!8~IEL 8L.L.Ef:l! 9lJ elf:l!E ST 9BQ5ZJB 122,QQ $ 122.0Q~ JOYES PLACE/PATS ROADHOUSE 157 GETTY ST 24-900-251-3205-00 2000 1 234.19 S 1,234.19 THE GLENSIDE PUB 1504 W SHERMAN 24-900-251-6160-00 2000 608.64 9815327 35.00 s 643.64\/" SORRENTOS' USA CAFE 2020 LAKESHORE DR 24-900-251-6425-00 2000 152.16 9815596 122.00 316-065-503 1,628.84 $ 1,903.0~ SORRENTOS' USA CAFE 2020 LAKESHORE DR 24-900-251-6425-00 9816701 122.00 $ 122.0 TOTAL $ 2,845.97 S 401.00 $1 ,876.40 $ 5,123.37 LIST OF VIOLATIONS BUSINESS NAME ADDRESS FORM $DUE H & J Party Store 1813 Getty X Joey's Place 157 S. Getty 1,234.19 Sunny Mart 1100 Hackley X Sorrento's USA Cafe 2020 Lakeshore X X 2,025.00 Wesco 1075 Laketon X Kwik-Way 45 E Muskegon X Brutters 978 Pine X 844.94 Applebees 1825 Sherman X X Someplace Else 1508 W Sherman 643.64 /J J- J · //larJ'er LIST OF VIOLATIONS - 1813 GETTY 1. Repair or replace rotting fascia on store exterior. 2. Repair or replace damaged ceiling tiles. 3. Remove all extension cords. · 4. Repair exterior block wall on North side of building. 5. Freezer unit on exterior of building needs to be repaired or removed. 6. "Open" sign powered by extension cord. 7. Coolers powered by extension cords. 8. Open junction boxes in cooler. 9. Repair or replace bathroom fan. 10. Storage not permitted in front of electrical equipment. 11. Outlet covers missing. 12, MC cable enters load center without fitting. 13. Service sink faucet broken. 14. Return air grill needs cleaning. LIST OF VIOLATIONS- 1100 \V. HACKLEY 1. Front window glass pane broken. l4 'J7l 2. Storage must be maintained minimum 18" from ceiling. 3. Aisle clearance must be maintained at 36". Im, ier 4. Freezer door kick plate needs repair. 724 U7l 5. Barrier free counter access required for newly installed service counter. 6. Exterior outlets not weatherproof. lne, 72• 7. All extension cords must be removed. U7l 8. Main electrical panel overfilled. met 9. Storage not permitted in front of electrical equipment. 724 :m De 724 ,m ,me 724 ,m • S) '724 (fl) Urt '724 (.nl 1ag, '724 (rll for• '724 U7l ,cct 1724 'U7l min 172• tfJ72 ice [ m• vn ,Uc' n24 X/71 •HUI n24 xm ter I n24 '1(/71 ter l m• xm We .s co LIST OF VIOLATIONS - 1075 \V LAKETON 1. Crash protection needed for propane tank. 2. Storage in exit way not allowed. 3. Storage shall be 36" from heating unit. 4. Storage shall be minimum 18" from ceiling. 5. Storage not permitted in front of electrical panel (load center). 6. Aisles must be maintained at 36". 7. Address on door or window should be white letters for contrast. Must be visible from street. 8. Need 6-month inspection on hood fire suppression. Last service noted was 6/99. 9. Metal caps needed for fire suppression nozzle on hood. ro. Fire extinguisher (wet chemical) needs to be mounted. 11. Cover missing on pump relay. 12. Power cord through ceiling by ATM not permitted. 13. Close open knock out in junction box in hall. 14. Exterior outlets not weatherproof. 15. Rubber cord not permitted as a replacement for permanent wiring. 16. Backflow prevention required on filters for soda. 17. Need individual backflow prevention-on carbonation pumps. LIST OF VIOLATIONS - 45 E MUSKEGON 1. Remove deadbolts on exit door-install panic hardware. 2. Storage must be minimum 18" from ceiling. 3. Replace numerous damaged ceiling tiles. 4. Cooler has serious structural damage to floor, ceiling needs to be repaired or replaced. 5. Light covers need to be secured. 6. Fascia rotted on building exterior. 7. Grafitti to be removed from -exterior of building. 8. Block wall in need to structural repair on North side - cracked and mortar needs repair. 9. 3/8 flex not pem1itted for wiring to switch and outlet in stockroom. 10. Exterior lights incomplete. l.L Timer improperly wired. 12. Storage not pem1itted in front of electrical equipment. 13. Romex improperly terminated at load center. 14. Rubber cord not permitted to pass through wall. 15. All extension cords must be removed. 16. Bonding jumper missing on water meter. 17. Globes missing on cooler light. 18. Open junction box in cooler. 19. Hall light incomp lete. 20. Water heater needs to be panned. 21. Storage not permitted in front of furnace. 22. Bathroom exhaust fan needs cleaning. 23. Gas meter needs sump posts. 24. Walk in cooler condensate-needs drain. LIST OF VIOLATIONS - 978 PINE 1. Repair rear door exit, must have panic hardware. Latches or hasps not allowed on door. 2. Door hardware needs repair on cooler door. 3. Vacuum breaker required on utility sink. 4. Cords for lights cannot be spliced. 5. All CO2 tanks must be secured. 6. Exit and emergency lights must _be repaired or replaced. 7. Conduit under bar damaged. 8. All extension cords must be removed. 9. String Christmas lights must be removed. .. IO. Wires in basement improperly terminated . 11. Close all unused openings in electrical boxes. 12: Fire extinguishers mounted too high- shall only be 4' from ground level. 13. Need signage for extinguishers. 14. Extinguishers need service. 15. Propane grill must be removed. 16. Exit sign required on rear door. 17. Storage near hot water heater in basement not permitted. 18. Storage not allowed under stairwell in basement. 19. All paint must be removed. ~~.<-'· 20. Capacity for building needs to be re-figured. Contact Fire Inspector. TO: Linda Potter CC: Chief Tony Kleibecker FROM: Det. Kurt Dykman DATE: 2-28-01 RE: Annual Renewal City Liquor Licensed Establishments This investigator received a listing of all licensed liquor establishments in the city of Muskegon from the city clerks office as received by the Liquor Control Commission. A 2000 incident search was done on each establishment with attention given to any alcohol/liquor reports. No major problems were evident but there were several establishments that have been cited for the sale of alcohol to minors, some of those have served a three-day suspension of their license. Listed below are those with records of those sales: Dasmesh Mart, 1301 E. Apple - one (I) sale to minor. Sunny Mart, 1100 Hackley - one (1) sale to minor. H&J Market, 381 Laketon - one (I) sale to minor. Express Lane, 812 W. Laketon - served ten-day suspension for three prior violations. Brutters Bar, 978 Pine - one (1) narcotics arrest inside & about three outside. Super Stop, 2390 Sherman- one (I) sale to minor. Porthole Bar (Nauty's), 1300 W. Sherman - served three-day suspension. Frontier Mart, 631 W. Southern - two (2) sale to minor. Racquets, 446 W. Western Ave - served three-day suspension. Besides the listed violations I find no reason to revoke, oppose the issuance, renewal or transfer of any liquor license. Respectfully submitted, .,.-· ? .--<--- / ;c::~~ . . ~ Y - - Detective Kurt Dykman Potter, Linda From: Hichue, Laura Sent: Monday, March 05, 2001 10:24 AM To: Potter, Linda Subject: Liquor License Renwals The following establishments do not have a current Certificate of Occupancy (either permanent or temporary): 821 E. Apple Rite Aid 1500 Getty Tom's Drinkall 1813 Getty H & J Market 1992 Getty Express Lane (reinspection set for Friday) 1100 W. Hackley Sunny Mart 812 W. Laketon Express Lane (reinspection set for Friday) 1075 W. Laketon Wesco 45 E. Muskegon Kwik-Way 978 Pine Brutters 2390 W. Sherman Super Stop 631 W. Southern Frontier Mart 1157 Third Muskegon Family Foods If you have any questions, please contact me at 6758. Laura 1 2001-28(b) RESOLUTION RECOMMENDING STATE WITHHOLD RENEWAL OF LIQUOR LICENSES FOR CODE VIOLATIONS THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the following business establishments in the City of Muskegon have liquor licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the Code of Ordinances of the City of Muskegon: SEE ATTACHED LIST OF VIOLATIONS AND WHEREAS, a hearing was held on March 13, 2001, before the City Commission to allow such licensees an opportunity to refute the determination of the City Commission that such establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission; and WHEREAS, an affidavit of mailing of Notices of Hearing and Notification ofNon- Compliance to City Standards to the licensees has been filed; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon hereby recommends that these liquor licenses not be approved for renewal, and a copy of this Resolution be sent to the State Liquor Control Commission. If any of these establishments come into compliance before March 31, 2001, they will be removed from this Resolution. Approved and adopted this 13 th day of March, 2001. AYES: Schweifler, Sh epherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen NAYS: None ABSENT: None By: ~ 0 - ~ Gail A. Kundinger,CityCl-k 2001-28(b) CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on March 13, 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 LIST OF VIOLATIONS BUSINESS NAME ADDRESS FORM $DUE H & J Party Store 1813 Getty X Joey's Place 157 S. Getty 1,234.19 Sunny Mart 1100 Hackley X Kwik-Way 45 E Muskegon X Brntters 978 Pine X Commission Meeting Date: March 13, 2001 Date: March 6, 2001 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department (_N S RE: Public Hearing regarding 2001 - 2002 CDBG/HOME Allocations. SUMMARY OF REQUEST: To conduct a public hearing in regards to the 2001 - 2002 CDBG/HOME allocations in references to the recommendations of the city's administration and the city's Citizen's District Council and to make a preliminary allocation decision. FINANCIAL IMPACT: Uncertain at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the administration recommendation. COMMITTEE RECOMMENDATION: See attached spreadsheet. \ 2001 - 2002 CDBG I HOME ACTIVITY Community Development Block Grant City Commission Administration Citizen District Council Preliminary City Commission Organization Name/Program Title Amount Requested Recommendation Recommendation Recommendation Final Decision 1 Muskegon Community Health Project $ 5,000.00 $ 5,000.00 0 "Miles for Smile Dental SeNices" 2 West Michigan Veterans 5,000.00 5,000.00 0 Veterans Assistance 3 Love, Inc 8,600.00 5,000.00 0 Free Home Repair to /ow-income 4 HealthCare 5,951.00 5,000.00 0 Health screening to low-income 5 American Red Cross 5,000.00 5,000.00 0 Senior Transportation 6 Volunteer Muskegon 23,700.00 5,000.00 0 Youth Sun;ey/Mapping 7 Volunteer Muskegon 80,000.00 5,000.00 0 Keep Kids in School Truancy 8 Legal Aid of Western Michigan 36,814.00 0 Counseling/Legal Education 9 Family Services Center, !nc 74,713.25 0 Comprehensive Housing Assistance 10 Oakview Neighborhood Association 7,231.00 $ 5,000.00 Repairing of Community Center Roof 11 Fire/Inspection 155,000.00 85,000.00 85,000.00 Dangerous Buifding/Demofition 12 Leisure Services 60,000.00 30,000.00 Playground equipment at McCrea Park 13 Community and Neighborhood Services 570,246.00 510,000.00 510,000.00 Housing & Rehabilitation Services 14 Community and Economic Development 86,000.00 45,000.00 45,000.00 Code Enforcement City Commission Administration Citizen District Council Preliminary City Commission Organization NametErogram Title AmQ!,mt Be:Que:sted Rgi;;:ommgndatiQn Rgi;;:QmmgnQsitiQn Be:~2mme:ndatign Final Decision 15 Community and Neighborhood Services $ 182,267.00 ** 155,000.00 155,000.00 CDBG Administration 16 Depart of Public Works 97,307.02 • 47,000.00 47,000.00 Senior Transit 17 Manager's Office 30,000.00 15,000.00 15,000.00 Contract Compliance 18 Engineering I CNS 180,000.00 100,000.00 100,000.00 Sidewalk Assessment Relief 19 Planning/DPW 90,000.00 75,000.00 75,000.00 City-lot upkeep program 20 Leisure Services 90,500.00 • 70,000.00 70,000.00 Inner city-youth recreation 21 Finance Dept 240,000.00 240,000.00 240,000.00 Repayment of Shoreline Dr. Bond Total CDBG Request 2,033,329.27 1,377,000.00 1,377,000.00 Total CDBG Allocated 1,387,000.00 Al!ocated/Request Difference $ (646,329.27) $ 10,000.00 $ 10,000.00 Total Amt of Public Service* 529,816.27 152,000.00 $ 122,000.00 Public Service mandated Amt < or= to 15% 208,050.00 Difference $ (321,766.27) $ 56,050.00 $ 86,050.00 Total Amt of City Administration Request 212,267.00 155,000.00 $ 155,000.00 Administrative mandated Amt 20% 277,400.00 Difference $ 65,133.00 $ 122,400.00 $ 122,400.00 HOME City Commission Administration Citizen District Council Preliminary City Commission Organiza!iQn Name/Program Title Amount Reguested Recommendation Recomme:n!Jstio• Recommgndatign Final Decision 1 Community and Neighborhood Services $ 125,000.00 114,800.00 $ 114,800.00 Tax-reverted lnfHI 2 Community and Neighborhood Services $ 100,000.00 100,000.00 $ 100,000.00 Tax-reverted Rehabilitation 3 Community and Neighborhood Services 100,000.00 30,000.00 $ HOME Rental Rehabilitation 4 Community and Neighborhood Services 130,000.00 130,000.00 $ 130,000.00 HOME Infill Program 5 Community and Neighborhood Services 57,200.00 *** 57,200.00 $ 57,200.00 HOME Administration 6 Neighborhood Investment Corp 75,000.00 · - 40,000.00 $ 70,000.00 Housing Rehab, Neighborhood Imp. 7 Bethany Housing Ministries, !nc 40,000.00 **- 40,000.00 $ 40,000.00 Housing Rehabilitation 8 Muskegon County Habitat for Humanity 31,000.00 **** 30,000.00 $ 30,000.00 New Construction/Rehabilitation 9 Trinity Village Non-Profit Housing Corp 59,935.00 **"'* 30,000.00 s 30,000.00 Single-Family Acquisition Total Amt of HOME Request 718,135.00 $ 572,000.00 $ 572,000.00 Total Amt HOME Allocation 572,000.00 $ 572,000.00 $ 572,000.00 Difference $ (146,135.00) 0 0 Total Amt of HOME Administration $ 57,200.00 $ 57,200.00 $ 57,200.00 Total Amt mandated= 10% $ 57,200.00 $ 57,200.00 $ 57,200.00 Difference 0 0 0 Total amt of HOME CHOO request $ 205,935.00 $ 110,000.00 $ 170,000.00 Total Amt mandated 15% 85,800.00 $ 85,800.00 $ 85,800.00 Difference $ (120,135.00) $ (24,200.00) $ (84,200.00) NOTE *Public Service, **City CDBG Administration, ***HOME Administration, -**CHOO Request Q:CNS\Commorr\Excel\01. 02_Act City of Muskegon Commission 3//13/01 Muskegon Community Health Project "Miles of Smiles" History: EncQun_ters Visits }>atients Cost/% Total Referrals '98 113/246 5 $ 6,820--26% '99 319/623 17 129/360 $21,675--50% '00 229/486 20 195/419 $28~060-49%, 28@ estimated $40,000 661 42 324 $56,555 Proposed Minimum: '01 140/434 10 28,638/44% • Local public dollars used to leverage private/co_rporate funds • MOS nominated by Wilmern Griffen in 2001 for the HUD Best Practices Model Award Peter Sartorius, Finance & Special Projects Coordinator Dianne Bohl, Outreach Coordinator ~ City of Muskegon City Manager's Office Memo To: Mayor Nielsen and City Commissioners From: Bryon L. Mazade, City Manager 6/tfj CC: Wil Griffin Date: 03/13/01 Re: CDBG Budget At last night's City Commission work session the CBO component of the proposed CDBG budget was discussed at length. The concern was that the proposed CDC recommendation was to not fund any CBO's except Oakview Neighborhood Association. One potential solution that was discussed is to take the $30,000 proposed for playground equipment and the $5,000 proposed for Oakview and divide that amount ($35,000) evenly among eight organizations. This would provide each of those agencies with $4,375. The agencies and their amounts would be as follows: Muskegon Community Health Project $4,375.00 West Michigan Veterans $4,375.00 Love, Inc. $4,375.00 HealthCare $4,375.00 American Red Cross $4,375.00 Volunteer Muskegon - Youth Survey $4,375.00 Volunteer Muskegon - Truancy $4,375.00 Oakview Neighborhood Association $4,375.00 Total $35,000.00 • Page 1 Date: February 21, 2001 To: Honorable Mayor and City Commissioners from: RicScott / ~ RE: Arena Basketball floor Sale SUMMARY OF REQUEST: To authorize the sale of the basketball floor at Walker Arena to Wings Stadium FINANCIAL IMPACT: $10,000 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: AffirmnHve Action 231/724-6703 ' FAX/722-1214 Assessor 231 /724-6708 FAX/726-5181 Ccmclcty 23 I /724-6783 FAX/726-5617 Civil Service 23 l /724-6716 F AX/724-4405 West Michigan's Shoreline City Clerk 23 l /724-6705 FAX/724-4 178 Date : February 21 , 2 001 Comm. & Neigh. Services To: Honorable ~a~~~ City Commissioners 23 l /724-67 17 FAX/726-2501 From: Ric Scott ~ c/Zff Engineering 23 l /724-6707 Re: Arena Basketball Floor Sale FAX/727-6904 Wings Stadium has asked to purchase the basketball floor Flnnnce 231/724-6713 from Walker Arena. They have offered $1 0 ,0 00 . We have FAX/724-6768 also received a second quote of $7 , 999. We have also Fire Dept. checked with a flooring company and found the quote to 231/724-6792 be a fair price. FAX/724-6985 Income Tax The basketball floor has not been used for many years 231/724-6770 and is almost 4 0 years old . It needs resurfacing and FAX/724-6768 new baskets. It takes up a lot of storage space in the Info. Systems arena. This space would be turned into an additional 231/724-6744 FAX1722-4301 lockerroom, which will in turn , generate additional ice rental into the building. Lelsu re Service 231 /724-6704 FAX/724- 1196 The agreement with Wings Stadium will also allow the arena to use the floor when necessary either free , or Manager's Office 231/724-6724 for an additional rental fee later on . A new floor FAX/722-1214 would cost at least $7 0,000 . Mayor's Office 231/724-6701 I would ask that you authorize the sale of the FAX/722-1214 basketball floor at Walker Arena to Wing Stadium for I nspection Services $1 0, 0 0 0 . 23 I /724-67 15 FAX/726-250 1 Thank you for your consideration . Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231/724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4 188 Treasurer 231/724-6720 FAX/724-6768 Wutcr BIiling Depl. 231/724-67 18 FA X/724-6768 Wntcr Filtration 23 I /724-4 l 06 FAX/755-5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 [' ' 2 AdMin;strotion 231 •726•2939 FAX 231 •726•4620 Tickets 23 i • 726 • 2400 Operated by A reno Mc:magement Group, l. LC. Febrnary 20, 2001 Dear Sir or Madam: The L.C, Walker Arena (City of Muskegon) currently owns a wooden bllketball floor, whieh I esrimaie, was purchased in the year 1960. The floor, in my opinion, considering it's age is in "fait" shape, I have spoken with Bill Gappy at Horner Flooring about the floor. He thought refinishing the floor would cost between $10,000.00 and $15,000,00. W1,cn asked if he could give me a fair market value of the floor, he said he would not put anything in wricing. In regards to the Wing, stadium bid of $10,000.00(below), Bill ,rated that he felt it was a good one. The teason we o.re looking into the options for thf! basketball flooring io that we hive received two bids to purchase the flooring. The first bid, from Wings smdium, was an offer ol $10,000.00. The ,econd bid WllS on offer of $7,999.00 from Becker Arena Products. Wings stadium knew that we had the basketball !loot and therefore tnadc u, an offer. If the bid from Wings sw.dium were to be accepted, I would include a stipulation that we could c,se the floor at least thtee time, at no cost. Ot we could include whatcvu provision you would like (of course there would still be the cost of ttansport-ation and man hours for pick up and return of the floor). The bat Basketball e~cnt held hete in the arena was the Gund Rapid• Hoop• in 1997. Thi, event drew approximately 1000 people. 1'he L.C. Walker arena will be housing an invitstional besketball tournament this summer for youth in July ZOO!, but it will be played on the cement floor. The reason for playing on the cement i, that there will be two games playing oimu!taneouoly. The sole of this floor open, possibilities to us. The storage of this flooring takes up a very large room that l believe could be used to geneutc additiom,l ice rental incotne ~s well as used for storage space. If we had this space available to us on a permanent basis, I estimate an additional .ice rental income of approximately $15,000.00. Since the,c bidi have come in, and we do not know if this opportunity will come along again, I am a,!cing you to consider the•• bid, for purchase of the basketball flooring. NH/pw 9.H FOURTH S'tl\BB'I' • M(.)~KEGON, MtCHIGAN • 49440 PHONE! 231-726,203\l • P.'\X: 2!1.726,-+620 955 4th Street at Shoreline Drive • Muskegon, Michigan • 49440-1099 No.8147 P. December 29, 2000 Walker Arena ATTN: Mr. Neil Hawri!iew 470 W Western Avenue Muskegon, MI 49440 Dear Neil, Wings Stadium would like make an offer of $10,000.00 for the Walker Are1111's old Basketball Floor, including Goals. If this is acceptable please let me know by January 15, 2001. My phone number is (616) 345-1125 ext. 265. Have a Safe and Happy New Year! Sincerely, Andrea Pluta Event Coordi1111tor cc: Ted Parfet Ernest Fitzgerald Paul Pickard ,L,':EDI' ,,1r:,.·, 1..I;/"'\ r', ·l,1'"1· 1,U) .. No.6747 r. 4 February 1, 200 I Mr. Neil Hawryliw L. C. Walker Arena 955 4111 Street Muskeegan, MI 49440 Re: L. C. Walker Arena old basketball flooring Dear Neil: Pursuant, to our co11Versation regarding the 40 year old L. C. Walker 112' x 62' Maple Basketball Flooring that you have in storage, Becker Arena Products, Inc. would like to offer the sum of$7,999.00 for the entire lot. Based 011 our assessed value of the flooring, we believe that this is a fair market value for your asset, Should you have any farther questions regarding our offer, please feel free to contact us at 1-800-234-5 522. Backer Arena Products, Inc. (952) 890-2690 3270 County Road 42 West (800) 234-5522 Burnsville, MN 55337-4804 (952) 890-2680 Fax On Ice Performance-Plus ARENA PRODUCTS, .INC, www.beckerarena.com Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Create Special Assessment District for: BARNEY STREET FROM VALLEY TO ROBERTS SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Barney Street from Valley to Roberts 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 FINANCIAL IMPACT: None at this time. 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. 2001-28 ( d) Resolution At First Hearing Creating Special Assessment District For Barney Street from 2.5' East of the Easterly R-OW line of Valley to 20' West of the Westerly R-O-W line of Roberts Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on March 13, 2001 at 5 :30 o'clock p.m. at the City Conunission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 13, 2001, there were 17. 79 % objections by the owners of the property 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 Conunission has considered the value of the property 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 property set forth in Exhibit A attached to this resolution. 2. The City Conunission 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 Spataro and _ _S_he~p~h_e_r_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 35.86% 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 confomation of the special assessment roll. T his resolution adopted. Ayes___S_,_p_a t_a_r_o_,,_ A_s_l_ak_s_o_n_,_,_Ni_e_l_s_e_n_,_,~S_ch_w_e_i_f_l_P._r~,_s_-h_ P._,__ . p_h_e_ r _d .,__,_S_i_e_r_a_dz_ .. k_i_ _ Nays ___B_e_ne_d_1_·c_t_ __ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 13, 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 ~ - :.a: : : : . =.~ Gail A. ~undinger, Clerk L . .:. .~~ .: :.-= EXHIBIT A BARNEY Street from VALLEY TO ROBERTS SPECIAL ASSESSMENT DISTRICT All properties abutting that section of All properties abutting Barney from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street AFFIDAVIT OF MAILING BY CITY CLERK STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS THE CITY CLERK OF THE CITY OF MUSK.EGON; THAT AT A HEARING HELD ON THE 13 TH DAY OF MARCH, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street. A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION . IN THE CITY OF MUSKEGON, ON MARCH 3, 2001. DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON TIIE 2ND DAY Oz : : : :001. ~0 - GAIL A. KUNDINGER, CITY LERK r SUBSCRIBED AND SWORN TO BEFORE ME THIS J.S-t/2 DAY OF /Jlq rc-A , 2001. ~ 4, ~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES f - a! J-~o c?--,___ lS SllJ380lJ r"' u ' :,, ~ ~= ~ ~ t---------t----- ~00 ~.... . 00 e"' 11111 rrrT 1 1111111111111111 ~~ i----------l 111111 lJJ I I I ~~ 11 111 11111 I I ~ Ii:~ - illlllll llllllill\111111111 00 i ~ 1111 11111 I I I 111111 I 1111 w ~ 3 00 I 11 rrr 1i I 111 I I I I 1111 111 ENGINEERING FEASIBILITY STUDY For BARNEY STREET FROM VALLEY TO ROBERTS The reconstrnction of Barney Street between Valley to Roberts, see attached location map, was initiated by the City due to the conditions of the road and the fact that this project was on the five year capital improvement plan. The proposed improvement consists of total removal of all existing pavements including curb and gutter and the placement of a new street pavement that will include a new curb and gutter. In addition to the roadway work, we will, if the district is created, construct a new 12" water main that would replace the existing 6" as well as replace the existing lift station. A memo from the Assessor's office, which addresses the appraisal and benefit information is attached. The preliminary cost estimate for the work associated with paving is approximately $300,000 with the length of the project being approximately 1,572 lineal feet or 2,959.58 of assessable front footage. This translates into an estimated improvement cost of$101.37 per assessable foot. The assessment figure will be at a cost not to exceed $36.36 per front foot as established in the 2001 Special Assessment for this of improvement. I MUSKEGON COUNTY I M C H G A N 173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442 (231) 724-6386 FAX (231) 724-1129 I BOARD OF COMMISSIONERS EQUALIZATION DEPARTMENT I Kenneth J. Hulka, Chair Bill Gill, Vice Chair Paul Baade Douglas Bennett I Nancy G. Frye James J. Kobza Louis McMurray Tony Moulatsiotis February 28, 2001 st Clarence ar'Mohammed Al-Shatel, City Engineer I City of Muskegon 933 Terrace Street I Muskegon, MI 49443 I Mr. Al-Shatel: In accordance with your request, I have examined the proposed special I assessment district entailing the reconstruction of Barney Avenue between Roberts Street and Valley Street. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying I any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is I February 28, 2001. In conclusion, it is my opinion that the special assessment amounts justly and I reasonably represents the accrued benefits to the properties encompassed by this project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in I property values due to an improved quality of life created by the proposed project. As previously presented, the proposed special assessment district encompasses a mixture of properties, but the front foot rate of$36.35 appears reasonable in light of analysis that indicates a possible enhancement of $38.25. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, h a: 2t-~~1 Jerry A Groeneveld, CMAE 3 Senior Appraiser TDD (231) 722-4103 • An EEO I ADA IM Employer n:~r.vdArl n::,npr ,\ffinnatiw .\dion 231/72-1.(,703 F.\.\17!2-l!I-I MUSKEGON .\'-"l'SSIJr 231172-l-670S F.\.\/1Y,-:il81 ( .l'Hll'll'f) 2J 1:72-I-C,7SJ March 2, 2001 F.\.\!726-:i(, 17 ( 'j\ii Sn1 in· 231..-72-1-C,716 F \.\/71-1-rnl:i West ~UcWgan's Shoreline aty {'ll•rl. 231172-1-670:i F \_\:7!-1--1178 231172-1-6717 F \\/72(,-2:iOI rni,:1t1l'l'rini,: NOTICE OF HEARING ON SPECIAL ASSESSMENT !J]/12-1-(,707 I' \\/727-6'!0-I Dear Property Owner: l·i11;1nn• 2Jl/72-l-(,71J F \.\/72-1-C,".'6/~ The Muskegon City Commission is considering whether or not to create a special hn·De11t. assessment district which would assess your property for the following paving project: !J]/72-1-(,7')2 F. \\172-1-C,'J/i:i Barney Avenue, Valley Street to Roberts Street. l11ro111,• la\ 2J 1172-1-(,7711 F.\\/72-1-67(,S The proposed special assessment district will be located as follows: Info. S~sll'nl~ 2J !/72-1-(,74-1 All parcels abutting Barney Avenue from 2.5' east of the easterly ROIN of Valley F.\.\/722--IJHI Street to 20' west of the westerly ROW of Roberts Street. Lehun· Sl'n in• 2J 1172-1-670-1 F.-\\!72-1-11 % It is proposed that a portion of the above improvement will be paid by special \laua:.:l•r's Office assessment against properties in the aforementioned district. Following are conditions 2J I /7 2-1-C, 72-1 of the proposed special assessment which are important to you. I· \.\/722-121-1 \l;1)or•~ OffiCl' Public Hearings 2Jl:72-l-h701 l-'.\.\1722-121-1 An initial public hearing to consider the creation of a special assessment district will be held at the City of Muskegon City Commission Chambers on MARCH 13, 2001 at 5:30 231172-1-(,71:i F \.\172(,-2:'i0I P.M. You are encouraged to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the proposed special l'lauoin:.:11.onini.: 2Jl/72-I-C,702 assessment. We are enclosing a Hearing Response Card for you to indicate your F \ \172-1-67')0 agreement or opposition to the special assessment. This card includes the property l'o!in· llept. identification and description, assessable footage per City policy, and the estimated cost 2.11;72-1-C,7:'iU F \\1722-:il-lCI of the assessment. You may also appear, as above, in lieu of, or in addition to mailing your response card to the City Clerk. Written objections or appearances must be made l'uhlk \\orlis Bl/724--lltfO at or prior to the hearing. NOTE: THE SPECIAL. ASSESSMENT WILL BE CREATED F \\/722-.tlSS OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT ln•a,un·r THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL 231/72-1-(,720 F.-\.\/72-1-(, 7(,S ASSESSMENT. \\ aler Billin~ lkpt. 2Jl/7H-671S FA.\/724-6 7(,H \\-ater Filttatio11 2Jl/72-1-4106 F.-\X/75:i-:'i29tl Ill City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 A second public hearing will be held to confirm the special assessment roll after the project is under way. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $300,000 of which approximately 35.86% ($107,580.73) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department located on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P .M. Monday through Friday except holidays. Sincerely, ~r/a~ lt/Jd,/ Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options ~roperty owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON BARNEY AVENUE H-1527 REQUEST FOR WAIVER OF SPECIAL ASSESSMENT Note: You may receive this application several times -Ifyou have alr'eady ~jiplied, j,_{ease dfscard. Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income docs not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2000 65% MEDIAN HOUSEHOLD INCOME CHART FAMILY SIZE INCOME LIMIT I $22,800 2 26,040 3 29,340 4 32,580 5 35,160 6 37,800 7 40,380 8 43,020 For each extra, add 3,240 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicant$ must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, MI 49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurred from repairs done by a private contractor or by doing them yourself, will not be reimbursed. SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: MARCH 13, 2001 Project Title: Barney Avenue, Valley Street to Roberts Street. Project Description: All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street. 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: Feet Estimated Front Foot Cost: ESTIMATED TOTAL COST Property Description A PARCEL IN NE 1/4 OF SW 1/4 SEC 33 T10N R16W DESC AS: COM AT CENTER OF SD SEC TH S 89 DEG 31 MIN ALG E/W 1/4 LINE 906 FT TH S 00 DEG 48 MIN 652.5 FT TH N 89 DEG 31 MIN 40 FT TO POB TH N 00 DEG 48 MINE 602.5 FT TH N 89 DEG 31 MIN E 260 FT TH S 00 DEG 48 MIN W 602.5 FT TH S 89 DEG 31 MIN W 260 FT TO POB. Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner • 1AM IN FAVOR -------------- Owner Signature ______________ Signature _ _ _ _ _ _ _ _ _ _ _ __ 1AM OPPOSED • Address Address Thank you for taking your time to vote on this important issue. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City Commission for the following projects: LAKETON, WOOD TO PECK & BARNEY, ROBERTS TO VALLEY The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting Laketon from Peck Street to 350' west of the centerline of Hoyt Street & from 680' east of the centerline of Hoyt Street to 147' west of the westerly ROW of Wood Street & • All properties abutting Barney from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street It is proposed that a percentage of the cost of the improvement will be paid through special assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may be examined during regular business hours at the Engineering Depatiment between 8:00 A.M. and 5 :00 P.M. on weekdays, except holidays. THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MARCH 13, 2001 AT 5:30 O'CLOCK P.M. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING ORIN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Chatter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hem-ing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: March 3, 2001 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 H-1527 Barney Avenue, Valley Street to Roberts Street. 24-133-300-0001-00 MCINTYRE JOHN R/LISA LYN ASSESSABLE FEET: 40 24-31-33-300-001 PO BOX 1088 COST PER FOOT: $36.35 @ OE BARNEY AV MUSKEGON Ml 49443 ESTIMATED P.O. COST: $1,454.00 24-133-300-0002-00 BAY CARTAGE CO ASSESSABLE FEET: 260 24-31-33-300-002 2653 OLTHOFF ST COST PER FOOT: $36.35 @ OE BARNEY AV MUSKEGON Ml 49444-2680 ESTIMATED P.O. COST: $9,451.00 24-133-300-0014-00 GETTYRIDGE ASSESSABLE FEET: 286.98 24-31-33-300-012 696 PINE MEADOWS LN COST PER FOOT: $36.35 @ OE BARNEY AV WILLIAMSTON Ml 48895-1669 ESTIMATED P.O. COST: $10,431.72 24-133-300-0015-00 TRIDONN DEVELOPMENT CO ASSESSABLE FEET: 211.8 24-31-33-300-022 1838 RUDDIMAN COST PER FOOT: $36.35 @ OE BARNEY AV MUSKEGON Ml 49445 ESTIMATED P.O. COST: $7,698.93 24-133-300-0009-00 INTRA CITY DISPATCH ASSESSABLE FEET: 314.76 24-31-33-300-007 951 E BARNEY AVE COST PER FOOT: $36.35 @ 951 E BARNEY AV MUSKEGON Ml 49444 ESTIMATED P.O. COST: $11,441.53 24-133-300-0001-10 MUSKEGON TOOL PROPERTY C ASSESSABLE FEET: 250 24-31-33-300-001 1000 E BARNEY AVE COST PER FOOT: $36.35 @ 1000E BARNEY AV MUSKEGON Ml 49444 ESTIMATED P.O. COST: $9,087.50 24-133-300-0004-00 JOHNSTONS ENTERPRISES ASSESSABLE FEET: 284.67 24-31-33-300-024 7300 CLYOE PARK SW COST PER FOOT: $36.35 @ 1122E BARNEY AV GRAND RAPIDS Ml 49509 ESTIMATED P.O. COST: $10,347.75 03/02/2001 Page 1 of 2 H-1527 Barney Avenue, Valley Street to Roberts Street. 24-133-300-0005-00 BAY CARTAGE CO ASSESSABLE FEET: 209.67 24-31-33-300-021 2653 OLTHOFF ST COST PER FOOT: $36.35 @ 2285 ROBERTS S MUSKEGON Ml 49444-2680 ESTIMATED P.O. COST: $7,621.50 24-133-300-0016-00 BTOH INC ASSESSABLE FEET: 833.5 24-31-33-300-013 PO BOX 28606 COST PER FOOT: $36.35 @ 2399 ROBERTS S ATLANTA GA 30358-0606 ESTIMATED P.O. COST: $30,297.73 24-861-000-0193-00 TRINITY VILLAGE II LTD ASSESSABLE FEET: 268.2 24-31-33-304-002 DIVIDEND HOUSING ASSOC. COST PER FOOT: $36.35 @ 0 VALLEY ST MUSKEGON Ml 49444-0000 ESTIMATED P.O. COST: $9,749.07 SUM OF ASSESSABLE FOOTAGE: 2959.58 SUM OF ESTIMATED P.O. COST: $107,580.73 % OF TOTAL PROJECT: 35.8602443333333 03/02/2001 Page 2 of2 SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: MARCH 13, 2001 Project Title: Barney Avenue, Valley Street to Roberts Street. Project Description: All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street. IN$JRUCTIOl\lli 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: 951 E BARNEY AVE Parcel Number 24-133-300-0009-00 MAP Number: 24-31-33-300-007 Assessable Frontage: 314.76 Feet Estimated Front Foot Cost: $36.35 per Foot ESTIMATED TOTAL COST $11,441.53 Property Description i, 228.5 FTOF S H2 OFNW 1/4 Or SW 1/4SEC 33T10N R16WLYINGWOFM R & N R/W EXCW833 FT & EX N 33 FTOFW 196 FT THEREOF Your vote COUNTS! • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED I AM IN :~VORJ Owner (.'',<,,./·, "/ v I: T<'. Owner Signature /~:>-::<;?/c...~::f'~ Signature _ _ _ _ _ _ _ _ _ _ __ Address ,-f!-;.:--;-'· ,::t)-i ·:~ /- /7~-; /T .\_;:~:>./ _....;....;.....;;;...;....;.._....;....;....;........,.;.._ Address i'I f:;.:,, 5 Thank you for taking your time to vote on this important issue. ---- ":'--,\ SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: MARCH 13, 2001 Project Title: Barney Avenue, Valley Street to Roberts Street. Project Description: All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street. 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 wj,ether 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: 0 E BARNEY AVE Parcel Number 24-133-300-0015-00 MAP Number: 24-31-33-300-022 Assessable Frontage: 211 .8 Feet Estimated Front Foot Cost: $36.35 . per Foot ESTIMATED TOTAL COST $7,698.93 Property Description COM AT SECOR SW.1/4 SEC 33 T10N R16W TH N ALONG N/S 1/4 LINE TO S LINE OF RARNfV AVE T H \IV 541.35 FT TO PO!:! TH CONTINUE W 611 .8 FT TO ELY LINE OF GT RR RNV TH SLY ALONG ELY LINE SAID R/W TOW LINE OF NE 1/4 OF SW 1/4 TH S ALONG SAID LINE 178 FT TO S LINE SAID NE 1/4 OF SW 1/4 TH E ALONG SAID LINE 784 FT TH.N O DEG 04 MIN E 621.9 FT TO POB EXC E 400 FT THEREOF Your vote COUNTS! I AM IN FAVOR · • Please vote either in favor or opposed to the Special Assessment Street Paving Project. I AM OPPOSED 0 Owner x1dooo J)e\Je,loproe.o:\:: Owner $)(JO\)(\ \)e\}e \o 1;u;oRD,i- (b , Signature - - - - - - - - - - - - Signature l)an¢0dl,~ ., . Address - - - - - - - - - - - - - Address t?>51$: 31\,ro~:;~~~ 1 ~ ~-; ~ ;.. ~~>SKfo/f'\ Thank you for taking your time to vote on this important issue. H-1527 BARNEY STREET, ROBERTS TO VALLEY PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION TOTAL NUMBER OF PARCELS =10 FOR OPPOSE # ADD MAP# FT # ADD. MAP# FT = PERCENTAGE 4 0 24-31-33-300-022 211.8 TOTAL ASSESSABLE FRONT FOOTAGE 2959.58 5 951 24-31-33-300-007 314.76 FRONT FEET OPPOSED 526.56 17.79% RESPONDING FRONT FEET IN FAVOR 0.00% NOT RESPONDING - FRONT FEET IN FAVOR 2433.02 82.21% TOTAL FRONT FEET IN FAVOR 2433.02 82.21% TOTALS 0 526.56 TABULATED AS OF: 03113/01 05:15 PM Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Heating Create Special Assessment District for: LAKETON AVE. FROM PECK TO WOOD SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of the Laketon Ave. from Peck to Wood 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 FINANCIAL IMPACT: None at this time. 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. 2001-28 ( e) Resolution At First Hearing Creating Special Assessment District For Laketon from Peck Street to 350' west of the centerline of Hoyt Street & from 680' east of the centerline of Hoyt Street to 147' west of the westerly ROW of Wood Street Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on March 13, 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 report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 13, 2001, there were O. 0 % objections by the owners of the property 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 property 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 property set fotth 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 Depatiment shall prepare plans for financing including submission of application to the Michigan Department of Treasmy and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Shepherd and - -Spataro ~-------- 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 7.74% 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. As~l~a~k~s~o~n~,_N~,~·e~l~s~e~n~,_S~c~h~w~e~i~f_le= r_,~S_h~e~p_ Ayes___ h e=r_d~,~S_i~e~ar_d~z~k_i~·~ S~pa~t_a=r~o_ _ Nays___B_e_ne_d_i_c_t_ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ _ __ CITY OF MUSKEGON ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 13, 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 4.ttScti~ tn~ EXHIBIT A LAKETON AVENUE from PECK TO WOOD SPECIAL ASSESSMENT DISTRICT All properties abutting that section of All properties abutting Laketon from Peck Street to 350' west of the centerline of Hoyt Street & from 680' east of the centerline of Hoyt Street to 147' west of the westerly ROW of Wood Street AFFIDAVIT OF MAILING BY CITY CLERK STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A HEARING HELD ON THE 13 TH DAY OF MARCH, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: All parcels abutting Laketon Avenue, from Peck Street to 170' west of the centerline of Leahy Street & from 233.5' east of the centerline of Hoyt Street to 147' west of the westerly ROW of Wood Street._ A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF MUSKEGON, ON MARCH 3, 2001. DEPONENT FURTHER SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF M RCH 200 1. SUBSCRIBED AND SWORN TO BEFORE ME THIS /.,_DA DAY OF J72are,,,/2 , 2001. NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES f - c2s-~o.;i__ ENGINEERING FEASIBILITY STUDY LAKETON AVENUE PECK TO WOOD The proposed improvements on Laketon Avenue, Peck to Wood, see attached location map, consists of milling and resurfacing the existing pavement as well as constructing a left turn lane where one doesn't exist. The City, due to the following reasons, initiated the proposed improvements: 1. The road surface has deteriorated to a point where typical maintenance activities such patching, crack sealing and resurfacing are no longer feasible and would have no impact on the life of the pavement. It is also evident that the pavement condition is at a critical stage where holding off this improvement might increase the possibility for the need to reconstruct rather than mill-resurface. 2. Accident history for 1997, 1998 & 99 revealed a total of 15-left turn related accident. Therefor, by constructing a left turn lane the number of left turn related accidents should drop considerably, if not eliminated. A memorandum from the Equalization office, which addresses appraisal and benefits to abutting properties, is attached. The preliminary cost estimate of the project is $350,000. The total length of the project is 2,819' with 1,530.80 of assessable footage. This translates into an estimated improvement cost of $228.64 per assessable foot. However, the assessment amount will be at a cost not to exceed $17.70 per assessable front foot. I MUSKEGON COUNTY I M C H G A N 173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442 (231) 724-6386 FAX (231) 724-1129 IBOARD OF COMMISSIONERS EQUALIZATION DEPARTMENT IKenneth J. Hulka, Chair Bill Gill, Vice Chair Paul Baade Douglas Bennett Nancy G. Frye IJames J. Kobza Louis McMurray Tony Moulatsiotis Clarence Start February 28, 2001 Mohammed Al-Shatel, City Engineer City of Muskegon 933 Terrace Street Muskegon,MI49443 Mr. Al-Shatel: In accordance with your request, I have examined the proposed special assessment district entailing the milling and resurfacing of Laketon Avenue between Wood Street and Peck Street. The purpose of this analysis is to document the reasonableness of this special assessment district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power and eminent domain. The effective date is February 28, 2001. In conclusion, it is my opinion that the special assessment amounts justly and reasonably represents the accrued benefits to the properties encompassed by this project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. As previously presented, the proposed special assessment district encompasses a mixture of properties, but the front foot rate of $17. 70 appears reasonable in light of analysis that indicates a possible enhancement of $18.58. The conclusions are based upon the data presented within this limited analysis in restricted format, and on supporting information in my files. Sincerely, q; . 17 /' ~ Q, ~ - c : \ ' . ferry £Groeneveld, CMAE 3 Senior Appraiser TDD (231) 722-4103 • An EEO I ADA I AA Employer recycled paper Affirrnatin.' Action 23 I /724·(> 703 [,"_,\ .\/72 2-121.t ,\~sc~so r 2311724-(170/i F.-\\/726-51111 ( \•11H•lcl') 23 IJ124-<,71U March 2, 2001 F.\.\/'72<,-5617 Chi! Sen ice 231/724-6716 F.\.\l724-441JS West MlcWgan's Shoreline City ( ·krh 23 l/724-67115 F.\.\1724-41711 231/72.t-(,717 r \\112<,-2501 ~,ngin,•,•ring 2J 1/724-(,707 NOTICE OF HEARING ON SPECIAL ASSESSMENT F.\X/727-f,'lll.t l'm,HKl' 23 11724-(,7 IJ Dear Property Owner: I'. \\/724-(, ""<,II Fin• l)qlt. The Muskegon City Commission is considering whether or not to create a special 2J 1/724-67')2 assessment district which would assess your property for the following paving project: F. \ \.17 24-6'/115 Income T11\ 2311724-6770 Laketon Avenue, Peck Street to Wood Street. F.\\./724-6768 Info. S~stcms The proposed special assessment district will be located as follows: 2J 11724-6744 F.\\./722-4301 All parcels abutting Laketon Avenue, from Peck Street to 170' west of the l.l•i,u1·1' Sen ice 2Ji/724-67114 centerline of Leahy Street & from 233.5' east of the centerline of Hoyt Street to F.-\.\/724-11% 147' west of the westerly ROW of Wood Street. \l;magt•r'\ Officl' 2311724-6724 It is proposed that a portion of the above improvement will be paid by special F \\1722-121.t assessment against properties in the aforementioned district. Following are conditions \la~1,1·', Offin• !J 11724-67111 of the proposed special assessment which are important to you. F.\\./722-1214 \l'igh. 8, Const. Public Hearings sl'ITin•., 2311724-(,715 I·\ V:'2<,-2501 An initial public hearing to consider the creation of a special assessment district will be l'lanning/1.oning held at the City of Muskegon City Commission Chambers on MARCH 13, 2001 at 5:30 !J l/724-<,7H2 P.M. You are encouraged to appear at this hearing, either in person, by agent or in F.\\1724-(,7'111 writing to express your opinion, approval, or objection concerning the proposed special l'olin• l>qiL assessment. We are enclosing a Hearing Response Card for you to indicate your 2Jl/724-<,75H F \\1722-5140 agreement or opposition to the special assessment. This card includes the property identification and description, assessable footage per City policy, and the estimated cost l'uhlic \\ orks 23]/724-4100 of the assessment. You may also appear, as above, in lieu of, or in addition to mailing F.\\1722-411ill your response card to the City Clerk. Written objections or appearances must be made 1·1·1'a,ur,•r at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED 2Jl/724-(,72H F.-\.\1724-(,7(11i OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL \\"all'r Billing Dept. 2Ji/724-671H ASSESSMENT. FA.\/724-C,761i \\ ater Filtration 231/724-4106 F,\\/755-521JU City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 A second public hearing will be held to confirm the special assessment roll after the project is under way. You will be mailed a separate notice for the second hearing. At this second hearing the special assessment costs will be spread on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the properties to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. Estimated Costs The total estimated cost of the street portion of the project is $350,000 of which approximately 7.74% ($27,095.16) will be paid by special assessment to property owners. Your property's estimated share of the special assessment is shown on the attached hearing response card. The remaining costs will be paid by the City. The street assessment, which covers improvements to the roadway, may be paid in installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks will be assessed to the property at actual contract prices and these costs may also be paid in installments over ten (10) years. Please note this work is in addition to the street special assessment. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and financial assistance programs available. I urge you to return the enclosed hearing response card indicating your preference and to attend the scheduled public hearing. Your views are important to the City and to your neighbors. Additional information, including preliminary project plans and cost estimates is available in the Engineering Department localed on the second floor of City Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays. Sincerely, Mohammed AI-Shatel, P.E. City Engineer CITY OF MUSKEGON LAKETON AVENUE H-1442 REQUEST FOR W AIYER OF SPECIAL ASSESSMENT Note: You may receive this application several times -Ifyou have alreaaj,aj,plied, please discard. Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2000 65% MEDIAN HOUSEHOLD INCOME CHART· FAMILY SIZE INCOME LIMIT I $22,800 2 26,040 3 29,340 4 32,580 5 35,160 6 37,800 7 40,380 8 43,020 For each extra, add 3,240 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurred from repairs done by a private contractor or by doing them yourself, will not be reimbursed. Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood SeNices Department at 724-6717. SPECIAL ASSESSMENT HEARING RESPONSE CARD To have your vote count, please Return This Card By: MARCH 13, 2001 Project Title: Laketon Avenue, Peck Street to Wood Street. Project Description: All parcels abutting Laketon Avenue, from Peck Street to 350' west of the centerline of Hoyt Street & from 233.5' east of the centerline of Hoyt Street to 14 7' west of the westerly ROW of Wood Street. 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: 0 Parcel Number MAP Number: Assessable Frontage: Estimated Front Foot Cost: ESTIMATED TOTAL COST Property Description R P EASTONS 2ND SUB DIV OF PART OF SEC 32 T 10 N R 16 WW 90 FT OF E 536.36 FT OF LOT 1 BLK 1 Your vote COUNTS! Please vote either in favor or opposed to the Special Assessment Street Paving Project. Owner 1AM IN FAVOR • Owner Signature _ _ _ _ _ _ _ _ _ _ _ _ _ Signature _ _ _ _ _ _ _ _ _ _ __ I AM OPPOSED • Address Address SCHLIITEMA HENR y':... Thank you for taking your time to vote on this important issue. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICTS PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City Commission for the following projects: LAKETON, WOOD TO PECK & BARNEY, ROBERTS TO VALLEY The location of the special assessment districts and the propmiies proposed to be assessed are: • All parcels abutting Laketon from Peck Street to 350' west of the centerline of Hoyt Street & from 680' east of the centerline of Hoyt Street to 147' west of the westerly ROW of Wood Street & • All properties abutting Barney from 2.5' east of the eastel"ly ROW of Valley Street to 20' west of the westerly ROW ofRobe1is Street It is proposed that a percentage of the cost of the improvement will be paid through special assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays. THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MARCH 13, 2001 AT 5:30 O'CLOCK P.M. YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. By City Charter, if the owners of more than one-half of the property to be assessed shall object to the assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission determines by affirmative vote of all its members that the safety or health of the public necessitates the improvement. PUBLISH: March 3, 2001 Gail Kundinger, City Clerk ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, Ml 49440 (231) 724-6705 or TDD (231) 724-6773 H-1442 Laketon Avenue, Peck Street to Wood Street. 24-720-001-0001-00 SCHUITEMA HENRY L ASSESSABLE FEET: 59 24-31-32-127-010 1433 BEARDSLEY AVE COST PER FOOT: $17.70 @ 0 MUSKEGON Ml 49441 ESTIMATED P.O. COST: $1,044.30 24-810-000-0003-00 ALLISON LARRY S ASSESSABLE FEET: 50 24-31-32-127-003 4059 W. RIVER ROAD COST PER FOOT: $17.70 @ OE LAKETON A MUSKEGON Ml 49445-9606 ESTIMATED P.O. COST: $885.00 24-205-308-0010-10 CITY OF MUSKEGON ASSESSABLE FEET: 59 24-31-29-386-015 BETWEEN WOOD & SMITH COST PER FOOT: $17.70 @ 0 E LAKETON A ESTIMATED P.O. COST: $1,044.30 24-205-307-0010-10 CITY OF MUSKEGON ASSESSABLE FEET: 91 24-31-29-385-014 BETWEEN SMITH & PINE COST PER FOOT: $17.70 @ 0 E LAKETON A ESTIMATED P.O. COST: $1,610.70 24-205-306-0010-00 CITY OF MUSKEGON ASSESSABLE FEET: 90 24-31-29-384-008 BETWEEN PINE & TERRACE COST PER FOOT: $17.70 @ 0 E LAKETON A ESTIMATED P.O. COST: $1,593.00 24-810-000-0001-00 ALLISON LARRY S ASSESSABLE FEET: 64.7 24-31-32-127-001 4059 W RIVER ROAD COST PER FOOT: $17.70 @ 287E LAKETON A MUSKEGON Ml 49445-9606 ESTIMATED P.O. COST: $1,145.19 24-810-000-0002-00 ALLISON LARRY S ASSESSABLE FEET: 50 24-31-32-127-002 4059 W RIVER ROAD COST PER FOOT: $17.70 @ 293E LAKETON A MUSKEGON Ml 49445-9606 ESTIMATED P.O. COST: $885.00 03/02/2001 Page 1 of 2 H-1442 Laketon Avenue, Peck Street to Wood Street. 24-810-000-0004-00 WARNER-SCHUITEMA ASSESSABLE FEET: 150 24-31-32-127-004 327 E LAKETON COST PER FOOT: $17.70 @ 309E LAKETON A MUSKEGON Ml 49442 ESTIMATED P.O. COST: $2,655.00 24-810-000-0007-00 SCHUITEMA HENRY L ASSESSABLE FEET: 50 24-31-32-127-007 1433 BEARDSLEY AVE COST PER FOOT: $17.70 @ 327E LAKETON A MUSKEGON Ml 49441 ESTIMATED P.O. COST: $885.00 24-810-000-0008-00 WARNER-SCHUITEMA ASSESSABLE FEET: 85.1 24-31-32-127-008 327 E LAKETON AVE COST PER FOOT: $17.70 @ 329E LAKETON A MUSKEGON Ml 49442 ESTIMATED P.O. COST: $1,506.27 24-530-000-0001-00 HACKLEY HOSPITAL ASSESSABLE FEET: 259 24-31-29-358-001 1700 CLINTON ST COST PER FOOT: $17.70 @ 115E LARCHAVE MUSKEGON Ml 49442 ESTIMATED P.O. COST: $4,584.30 24-675-005-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 523 24-31-32-101-001 MARSH FIELD COST PER FOOT: $17.70 @ 1800 PECK ST ESTIMATED P.O. COST: $9,257.10 SUM OF ASSESSABLE FOOTAGE: 1530.80 SUM OF ESTIMATED P.O. COST: $27,095.16 TOTAL NUMBER OF ASSESSABLE PARCELS 43 % OF TOTAL PROJECT: 7.74147428571429 03/02/2001 Page 2 of 2 H-1442 LAKETON AVE., WOOD TO PECK PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION TOTAL NUMBER OF PARCELS =12 FOR OPPOSE # ADD MAP# FT # ADD. MAP# FT EEEI PERCENTAGE TOTAL ASSESSABLE FRONT FOOTAGE 1530.80 FRONT FEET OPPOSED 0.00% RESPONDING FRONT FEET IN FAVOR 0.00% NOT RESPONDING - FRONT FEET IN FAVOR 1530.80 100.00% TOTAL FRONT FEET IN FAVOR 1530.80 100.00% TOTALS 0 0 TABULATED AS OF: 03/13101 05:16PM AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 03/13/01 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: March 7, 2001 RE: Stray Cats SUMMARY OF REQUEST: At the City Commission meeting on 3/27/01, the City Commission requested staff to review the stray cat problem in the City and make a recommendation at this meeting. Staff has reviewed the situation and believes additional investigation into a solution is necessary before a final recommendation is provided. The following are the areas that staff has and will continue to investigate: 1) Cooperative effort with the County Health Department and Animal Control to abate stray cats; 2) Prohibition of nuisance feeding; 3) Licensing of cats; and 4) Neutering assistance program. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: That City staff pursues the aforementioned potential solution to the City's stray cat problem. COMMITTEE RECOMMENDATION: None O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0: {STRAY CATS) March;5, 2001 TO WHOM IT MAY CONCERN: On the varmint (cat) problem •..•• +f your city halh, all municipal a nd county governmeat buiilid~ :tngs became infested with rats and mice wo.uild· :the city c0m-- m:Lssion. wajj:t_ for an investigation,, re:seareh, stud:y:: or consul- tan..rts -uo :wrnmed1iatly solve the pr oc.l.em or use the stal] tac- tics? Hmm'? Uni ve.rsi ties. stI·ess immediate·, action, is of utmost importance· for problem solving. If there is no1 reguTiation enact one in deta:Ll; not a dog .reuJ.ation incompleiie ( for example). What sih0.1J.ld a master do. after his. dog craps in an are-a not h:is own? fn. one hand unenforcibJJy does not carry a pooper scoo,per ito. car;_ry, the doc. doo home. Thoae who- bring scrnope·r s r.ettu.Jm them empt.y. Complete that law this monrth ~ As you keep citizens content votings will l).e in youiL' favor. Respe·ctfuJJly submd.:--ttex1, o2:2..f0i/ L~ 2 NYU..V. Beru Sz·c:/s/y~--. 6 J:941 cutler Ave. s RECE~VEO MAR 12 200l City Clerks Office Commission Meeting Date: March 13, 2001 Date: March 5, 2001 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Rehabilitation of tax-reverted structure SUMMARY OF REQUEST: To approve the Community and Neighborhood Services department to bid out the total rehabilitation of the city-owned tax-reverted residential structure at 315 Catawba. The structure was obtained by the city last year through the tax-reversion process. During the rehabilitation process an eligible family will be selected to purchase the structure after rehabilitation through one of the city's Community Housing Development Organizations. FINANCIAL IMPACT: The funding for the rehabilitation will be from the city's HOME funding. The staff cost estimate is $55,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved the project. Page 1 of2 file://\\Muskdata\data\CNS\Griffin\pics\Catawba.jpg 315 Catawba- Request by Community & Neighborhood Services to complete a full rehabilitation of the home. Due to its numerous code violations, this house in on the Inspection Department's list of dangerous properties. Once the rehab is complete, CNS plans to sell the home to a low/moderate income family. The house is located in an area that currently possesses a significant number of empty lots. After completion of the project, it is the hope of the department to initiate some in-fill activity in the neighborhood. Staff report given by W. Griffin, presented options for either option of demolition or rehabilitation of the four bedroom home. The lot next door may come up for possible tax sales and could be combined with 315 Catawba for a larger lot size. S. Sieradzki moved to recommend to City Commission to approve full rehabilitation of 315 Catawba. Unanimously supported. OTHER S. Sieradzki acknowledged and thank L. Van Reese for his years of service on the committee. The meeting adjourned at 4:06 p.m. dm/1/19/01 ( ( DANGEROUS BUILDING INSPECTION REPORT 315 CATAWBA 11/8/00 Inspection Noted: 1. Cracked foundation walls, tuck pointing needed. 2. Deteriorated front porch steps. 3. Missing siding on home. 4. Roof system on home severely damaged, roof covering, sheathing, and fascia. • · , 5. Chimneystack neeqs repair, flashing~ 6. Interior electrical, plumbing, mechanical and building inspection required . . . before any permits or occupancy will be issued . ,. \ BASED UPON MY RECENT INSPECTl'ON OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. • Date: February 21, 2001 To: Honorable MayJf and City Commissioners From: Ric Scott if/irt~ R.E: Charter Parks SUMMARY OF REQUEST: To adopt the attached resolution creating eight new Charter Parks FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmallve Action 231/724-6703 FAX/722-1214 Assessor 231 /724-6708 FAX/726-5 181 Cemetery 231/724-6783 FA X/726-5617 Civil Service 231 /724-6716 FAX/724-4405 West Michigan's Shoreline City Clerk 231 /724-6705 FAX/724-4 178 Date: February 21 , 2001 Comm. & Neigh. Services 23 I /724-67 17 FAX/726-2501 To: From: Honorable Ric Scott ~::x ffP<r nd City Commissione rs Engineering 231 /724-6707 Re : Charter Parks FAX/727-6904 The attached resolution creates eight additional Char ter Flnancc 231/724-6713 Parks. The only park no included from the previous list FAX/724-6768 is Sheldon Park . We discovered that the schools failed Fire Dept. to deed the entire park to us. They have indicated that 231/724-6792 they will do that in March. FA X/724-6985 Income Tax The resolution includes Lakeshore and Addison, Jaycee' s 231 /724-6770 Launch Ramp , Lake Michigan Park , Kruse Park , Bronson FAX/724-6768 Park , The Gas Company property (PMP) , Richards Park , and Info. Systems the park at Peck and Ransom (Bott Park) . 23 I /724-6744 FAX/722-4301 I would ask that you adopt the attached resolution Leisure Service creating these parks as Charter Parks . 231 /724-6704 FAX/724-1196 Thank you for your consideration. Mannger's Office 231 /724-6724 FAX/722-12 14 Mayor's Office 231/724-6701 FAX/722-12 14 Inspection Services 231 /724-6715 FAX/726-2501 Planning/Zoning 231/724-6702 FAX/724-6790 Police Dept. 231 /724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 23 I /724-6720 F AX/724-6768 Wuter Dilling Dept. 231/724-6718 FAX/724-6768 Water Filtration 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 CITY OF MUSKEGON lVJIUSlf(]EGON COUNTY, MlfCl!lflfGAN Resolution No. 2001-30 ( b) A Resolution Establishing Certain Charter Parks. Recitals The City of Muskegon's Charter was amended in 1998 by the addition of Article XX providing for the establishment of chatter pat1cs. The City Commission has exmnined certain parks located in the City and has determined that the lands involved at·e owned in fee simple by the City and that they should be preserved as parks. Public notice of this proposed action by the City Commission has been given. For the pmpose of preserving the said parks, in accordance with the provisions of Article XX of the City Chatter and subject to those provisions, the City, by this Resolution, intends to establish the said parks as charter parks. In acco1·dance with the Charter, aftei· recording this Resolution no such park land may be sold, mortgaged, transferred or conveyed by the City, except with the approval of the majority of the electors voting at an election held in the City. NOW, 'fflERIEFORIE, the City Commission ofthe City of Muskegon lllerel!Jy resolves that tile following parks, idel!ltified by name in this Resolntiol!I, are declared by the City Commission of tllne City of lVIuslkegon to Ille charter parks. The said lands shall be preserved as parks in accordal!lce with the said Charter prnvisions. The legal descriptions of the lands included in the said parks are attached and incorporated in this Resolution. This Resolution may be recorded with the Muskegon County Register of Deeds for the purpose of giving record and public notice of this determination and designation by the City Commission. The parks to be deemed charter parks upon recording of this Resolution, and their legal descriptions, are as follows: lLakeshore & Addison Charter Park: Deeded to the City of Muskegon in 1952 and recorded at Liber 611, Page 249: Part of Lot 21 of Block 611 of the Revised Plat of 1903 of the City of Muskegon, as per plat of record in the office of the Register of Deed for Muskegon County, described as commencing at the Northeast comer of said Lot 21; thence running South on Addison Street 140 feet; thence Northwesterly 100 feet; thence North 115 feet to Lake Street; thence East 100 feet to place of beginning. Jaycees Lamnch Ramp Charter Pairik: The West 200.00 feet of that part ofB!ock 605 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan, lying East of a line drawn North and South from the Easterly comer of Block 698 of said Revised Plat, and North of Lake Shore Drive. lEXClEPT the following described parcel: That part thereof lying West of the following described line; Commencing at said Easterly comer of Block 698; thence North 207.70 feet for Point of Beginning of said line; thence North 15°29'15" East to the shore of Muskegon Lake, which is the Point of Ending of said line. ALSO That part of said Block 605, described as follows: Commencing at the most Easterly corner of Block 698 of said Revised Plat; thence North 72.90 feet to the Northerly line ofLakeshore Drive for Point of Beginning thence North 65°03'30" West along the Northerly line ofLakeshore Drive 58.27 feet to a point which is the intersection of the Northwesterly line of Cottage Grove Avenue extended to the Northerly line ofLakeshore Drive; thence North 47°09'45" East along said Northwesterly line of Cottage Grove Avenue extended 40.92 feet; thence North 15°29'15" East 85.53 feet; thence South 134.80 feet to Point of Beginning. Laike !VllicllJigan CIIJarter JP>arlk: That part of Block 713 of said Revised Plat of 1903 lying Northerly of the following described line: Commencing at a point on the shore of Lake Michigan, 1457.8 feet Southeasterly from the intersection of the East and West quarter line of Section 33, Town 10 North, Range 17 West, with the shore of Lake Michigan for Point of Beginning of said line; thence Northeasterly to the most Southerly corner of Block 706 of said Revised Plat of 1903 for Point of Ending of said line. ALSO Block 714 of said Revised Plat of 1903; EXCEPT That part there of included in Bluffton Bay Estates, a Site Condominium, recorded as Condominium Plan No. 61, in Muskegon County; ALSO EXCEPT That part of said Block 714, lying Northerly of the following described line: Commencing at the Southeast corner of Block 716 of said Revised Plat for Point of Beginning of said line; thence South 70° West 393 feet more or less to the shore of Lake Michigan for Point of Ending of said line; ALSO That part of Lot 12 of Block 702 of said Revised Plat of 1903, described as follows: Commencing at the Southwest corner of said lot for Point of Beginning; thence North 00°43'48" East along the West line of said Lot 206.71 feet; thence south 63°13'02" East 165.05 feet to the Northwesterly line of Sampson Street; thence South 48°34'44" West along said Northwesterly line 200.00 feet to Point of Beginning. lK1·!111se Clrnirter Pairik: Block 712 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, :Michigan f'•\\t,JJMnn1111~1Tc:~~01of'i::;,1,1~ nnr EXCEPT THE FOLLOWING: Beachwood Subdivision No. 1, as recorded inLiber 14 of Plats, Page 19; and Beachwood Subdivision No. 2, as recorded in Liber 15 of Plats, Page 17; ALSO That part of Block 713 of said Revised Plat of 1903, lying Southerly of the following described line: Commencing at a point on the shore of Lake Michigan, 1457.8 feet Southeasterly from the intersection of the East and West quarter line of Section 33, Town 10 North, Range 17 West, with the shore of Lake Michigan for Point of Beginning of said line; thence Northeasterly to the most Southerly corner of Block 706 of said Revised Plat of 1903 for Point of Ending of said line. BroHllson Clharte1r Pairlk: Government Lot 1 of Section 3, Town 9 North, Range 17 West, City of Muskegon, Muskegon County, Michigan. Gas CompaH11y (PMIP') Charter P1111rl,: That part of Blocks 731, 732, 733 and 734 of the Revised Plat of 1903 of the City ofMuskegon, Muskegon County, Michigan, described as follows: Commencing at the Northeast comer of Block 715 of said Revised Plat of 1903; thence West 1554.00 feet; thence North 15°11'30" West 433.10 feet for Point of Beginning; thence North 72°56'30" West 363.00 feet; thence South 64°30'00" West 315 feet more or less to the East shore of Lake Michigan; thence Northwesterly along said shore to a point where a line bearing South 89°39' West from the Southeast comer of Block 738 of said Revised Plat, intersects said shore; thence North 89°39' East 625 feet more or less to the Southeast corner of said Block 738; thence South 25°40'30" East 847.50 feet; thence South 87°05'30" East 446. 72 feet; thence South 62°59'30" East 583.20 feet to the point of curvature of a 47°31 '39" curve; thence Southwesterly along the arc of said curve 187.37 feet to the point of tangency; thence South 26°03'30" West 414.02 feet to Point of Beginning; EXCEPT that part thereof deeded to the Muskegon Public Schools for Bluffton School in a Deed dated July 21, 1953, and recorded January 8, 1954, in Liber 632, Page 374. lRiclhianl!s Clhiarter Pa1rlk: That part of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 17, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan; lying Southerly of the North Channel of the Muskegon River; Easterly of CSX Railroad Right of Way and Westerly of State Highway U S-31 Business Route. ALSO, Lot 1 of Block 545 and that part of Block 545 lying ·westerly of State Highway U S-31 Business Route of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan. Bott, lRallllsom and Peck Ch1111rter Pal"i.: Part of the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan described as follows: A triangle bounded on the Southerly side by Lot 1 of Block 228 of said Revised Plat;_ on the Easterly side by Ransom Street and on the West side by Peck Street. Formerly described as Block 54 of Sanford's Addition to the Village of Muskegon, as Recorded in Liber 1 of Plats, Pages 11 and 12. ALSO, entire Diana Avenue lying Southerly of said Block 54, between Ransom Street and Peck Street. ]['JI' 1lS JFURTll3IJER RJESOLVlE][J), that the designation as a charter park does not require that the name of any such park cannot be changed in the future. The names of the parks set forth in this Resolution are for identification and reflect current decisions as to appropriate memorials or acknowledgements. · THIS RESOLUTION ADOPTED AYES Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen NAYS None CITY OF MUSKEGON / . By ~ a- ~~ Gail A Kundinger, Clerk 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, Michigan, held on the ·13th day of March , 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, Publi A~s ofQ chi~ Gail A Kundinger, City Clerk PUBLIC NOTICE City of Muskegon Public Notice of Meeting to Consider the Establishment of Charter Parks On /fJarc/2 / 3 , 2001, the City Commission of the City of Muskegon will consider at its regular meeting the designation of certain city owned lands as Charter Parks. The lands to be considered include: I. Lakeshore and Addison Park, located at the comer ofLakeshore and Addison Streets. 2. Jaycees Launch Ramp Park, at Lakeshore Drive and Cottage Grove Avenue. 3. Lake Michigan Park, located southerly of the Water Works and adjacent to Bluffton Bay Estates and Beachwood Park. 4. Kruse Park, located at the west end of Sherman Boulevard. 5. Bronson Park, located at the west end of Sherman Boulevard. 6. Gas Company (PMP) Park, located on Lake Michigan from near Bluffton School on Lakeshore Drive to the southerly boundary of Pere Marquette Park on Beach Street. 7. Richards Park, located at the northerly end of Ottawa Street. 8. Park at Ransom and Peck Streets, located at the intersection of Ransom and Peck, a triangular piece of land opposite Diana Avenue, otherwise known as "Bott Park." Any person may appear atthis meeting and be heard. Any land designated as a Charter Park may not thereafter be sold, transferred, mortgaged or conveyed without an affirmative vote of the people of the City. This is a regular City Commission meeting, which will be held in accordance with the Open Meetings Act of the State of Michigan. CITY OF MUSKEGON By_ _ _ _ _ _ _ _ _ __ Published: Fe Jm aG,<? o?t olOJI Gail A. Kundinger, City Clerk r,\\J\l!f,,lr\f'l\1\/<;!\TC~AO\Ori:::AJII::: r\("\f" Date: February 23, 2001 To: Honorable Mayor and City Commissioners From: Ric Scott J#d- RE: Farmer's Market Rate Increase SUMMARY OF REQUEST: To establish a new rate structure for the Farmer's Market FINANCIAL IMPACT: Approximately $3,000 of new revenue BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Affirmnllvc Action 231/724-67Q3 FAX/722-1214 Assessor 231/724-6708 FAX/726-5181 Cemetery 231/724-6783 FAX/726-5617 Civil Service 231/724-6716 FAX/724--4405 W~t Michigan's Shoreline City Clerk 231/724-6705 FAX/724--4 178 Date: February 23, 2001 Comm. & Neigh. Services To: Honorable M: ~ and City Commissioners 23 I /724-6717 FAX/726-250 1 From: Ric Scott l('/Z-# Engineering 231/724-6707 Re: Farmer's Market Rate Increase FAX/727-6904 Rates have remained the same for the Farmer's Market for Finance 231/724-67 13 several years. Cheri Burdick , the Market Master, did F AX/724-6768 some research on what other markets are charging and Fire Dc11t. came up with a new rate structure based how often people 231 /724-6792 use the market . FAX/724-6985 Income Tax I met with several of the long-term renters to discuss 23 I /724-6770 the increase. They were concerned about how the money FAX/724-6768 would be spent . They would like us to do more Info. Systems advertising and some improvements to the facility 231 /724-6744 FAX/722-4301 including signage. We will try to get most of this done this year. Leisure Service 23 I /724-6704 FAX/724-1 196 They were also concerned that we weren't charging the non-seasonal renters enough. However , when they Manager's Office 231/724-6724 realized we doubled the price for Saturday's they seemed FAX/722-1214 to be supportive. Mayor's Office I am recommending that you adopt the a ttached rate 231/724-6701 FAX/722-1214 structure for the Farmer's Market. It should generate Inspccllon Services at least $3,000 in new revenues. 231/724-6715 FAX/726-2501 Thank you for your consideration. Plannlng/Zonlng 231/724-6702 FAX/724-6790 Police Dept. 23 l /724-6750 FAX/722-5140 Public Works 231/724-4 100 FAX/722--4188 Treasurer 231/724-6720 FAX/724-6768 Water Dllllng Dept. 231/724-6718 FAX/724-6768 Waler Filtration 231/724--4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 Aflirma tivc ,\1.:lion 2.1 I/724-.6 70J L\.\1722- 1214 . \ S$l' !l~Or 231/724-(,7118 F.-\ .\/726-5 18 1 ( 'l'llll'lcry 231/724-(,783 F,\.\/72 6-:i6 I 7 Civil St•nin• 23 1/724-(,7 16 F, \.\/72 4-440:i West Michigan's Shoreline City Ckrk 23 11724-6 711:i FA.\/724-4 178 To: Muskegon Farmer's Market Vendors Subject: 2001 Seasonal Stall Rate Increase 2J 1/724-!, 7 I 7 F.-\.\ /72<,-2,U I - - PLEASE READ - - En}!inccring 23 1/724-670 7 F.\.\ /727-69 04 The Muskegon Faimer's Market and the Department of Leisure Services staff is recommending to the City Commission a new fee strncture for rates to be more in line Fi11:111t.:c 2J 11724-(, 7 IJ with sales season use. F,\.\/7 24-6768 Fil'l' lh-pl. In the past, we have raised all stall rents an equal amount, regardless of use. After 2J 1/724-6792 F.\.\/724-<,'IX, checking with several other Michigan farmer's markets which are similar in size, services, population, and demographics the concept ofrate increases based upon actual l 11t.:0111c Ta:\ 231 1724-6 770 time used was inspired by how some of the other markets base their rates. FA .\1724-6768 Info. Sys tems The Muskegon Farmer's market runs for an eight-month season. However, many of the 23 11724-<,7-14 F.-\.\/72 2-43111 vendors have a sales season of less than eight months. The average sales season is six months. 1.ch:urc S crvin:- 2J 11724-6 7U4 F.-\ .\172-1- 11% We have a few vendors with less than a four-month sales season. The rate increase for ,\ la11agcr's Onie(• 2001 will reflect the use differential of the vendors. 2J 11724-1,724 F. \.\/722- 12 14 ;'\ Jayo r ', Offil'c 2J 1/724-6711 I F ..\.\/722- 12 14 USE- PERCENTAGE BASE RATE SCALE Current Rates: 2.ll/724-(,7 1:i Front walk corner $300.00 per season 11 F.-\ .\/72/,-25111 Front walk non-corner 275.00 ti Pla1111i11g/Zu11ing Back walk corner 175.00 ti 11 2J 1/724-6702 Back walk non-corner 150.00 ti 11 F,\.\/7H-679ll P ulil'c Dcpt. Daily rental - per stall 2J 11724-6750 I'. \.\/722-S 1411 Tuesdays, Thursdays, Saturdays: 10.00 ti ti Puhlil' \Vork s 2J 1172-1--111111 FA .\/72 2-4 188 Tn•a5un· r 23 1/724-67211 FA.\1724-6768 Waler l!ill in~ Dept. 2.1 1/724-(,7 18 F,\.\/724-6768 \\ :tl('f FillnHio11 2J 11724-~ I 06 F.\.\/755-52'111 C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 USE-PERCENT INCREASE (2001 ONLY) 0-2 Month Sales Season No Increase 3 Month " " 10% 4 Month " " 12% 5 Month " " 15% 6 Month " " 18% 7 Month " " 20% 8 Month " " 25% Daily rental - per stall Tuesdays and Thursdays: $10.00 Saturdays: $20.00 FARMER'S MARKET 2001 RATE SCHEDULE FRONT CORN. FRONT REG. BACK CORN. BACK REG. 0-2 $300.00 $275.00 $175.00 $150.00 3MO. $330.00 $303.00 $193.00 $165.00 4MO. $336.00 $308.00 $196.00 $168.00 5MO. $345.00 $316.00 $201.00 $173.00 6MO. $354.00 $325.00 $207.00 $177.00 7MO. $360.00 $330.00 $210.00 $180.00 8MO. $375.00 $344.00 $219.00 $188.00 EXAMPLE: A vendor renting a front-walk corner stall for a sales season of six months would realize an 18% increase in their 2001 rental fees. The amount would be $54.00 for the stall. ($300.00 x .18) = $54.00. NOTE: There will be NO PRORATION for partial month, regardless of which part of the month that you begin or end on. Beginning in the 2002 sales season vendors MAY be charged an arumal fee increase of up to 5% of the 2001 use-percent upgrade. This will be an "as needed" upgrade, not an automatic, annual upgrade. INCLUDED WITH YOUR 2001 VENDOR INFORMATION SHEET WILL BE A FORM WHICH WILL HELP YOU TO EASILY FIGURE YOUR NEW STALL RENTAL FEES. FAILURE TO FILL IN AND RETURN THIS FORM WILL RESULT IN YOUR INCREASE BEING SET AT THE 25% FULL-SEASON RATE. VENDOR INFORMATION SHEETS WILL BE SENT OUT IN MARCH 2001, AND ARE DUE ON OR BEFORE JUNE 1, 2001. If you have any questions about the rate increases, or how to figure your sales season ... please phone me at home: (231) 821-1236 Thank you for your assistance! Cheri Burdick Date: 3/05/2001 To: Honorable Mayor and City Commission From: Kelly Defrench, DPW Supervisor RE: Budgeted Vehicle Replacements SUMMARY OF REQUEST: Approval to purchase four Dodge ¾ ton 2wd pickup trucks at $17,365.78 each and one Dodge 1 ton pick up at $18,182.78 from Bill Snethkamp Dodge, Inc, through the State of Michigan group purchasing contract. FINANCIAL IMPACT:$ 87,645.90 (Equipment Fund) BUDGETED-$ 97,000 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve purchases of four¾ ton pick ups at$ 17,365.78 each and one 1 ton pick up at $18,182.78 from Bill Snethkamp Dodge Memorandum To: Bob Kuhn, Director of Public Works From: Kelly DeFrench Date: 03/07/01 Re: Budgeted Vehicle Replacement We have included in the 2001 Equipment budget for the replacement of four¾ ton pick ups and one 1 ton pick up. The new¾ ton trucks will replace# 495,497,501 and 504, these are older trucks assigned to various Departments that have high mileage.(see attached) The new 1 ton will replace #30098 and will be used in the Traffic Dept. We will rotate #30098 over to the Highway Department. We have budgeted $97,000.00 for these purchases The low bid through the State Purchasing contract is Bill Snethkamp Dodge Inc. State Purchasing Contract Bill Snethkamp ¾Ton Pickup $17365.78ea.x4= $69,463.12 1 Ton Pick up $18,182.78 ea. = $18,182.78 Total $87,645.90 Oakland County Red Holman ¾ Ton Pick up $ 17,919.00 ea x 4 = $71,676.00 1 Ton Pick up $19,332.00 ea. = $19,332.00 Total $ 91,008.00 1 # 30495 Year 1987 - 104,000 Miles # 30497 Year 1987 - 97,000 Miles # 30501 Year 1988 - 103,000 Miles # 30504 Year 1989-110,000 Miles Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids 2001 Sidewalk Replacement Program SUMMARY OF REQUEST: The 2001 Sidewalk Replacement contract be awarded to Jordan Smith Concrete Construction out of Lake Odessa. Jordan Smith was the lowest, see attached bid tabulation, responsible bidder with a bid price of $668,872.25. However, E & K contractors who worked on the sidewalk for the last four years, submitted the attached letter requesting that the contract be awarded to them. FINANCIAL IMPACT: The construction cost of $668,872.25 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Jordan Smith Concrete. COMMITTEE RECOMMENDATION: SIDEWALK REPLACEMENT PROGRAM FOR 2001 BID TABULATION ENGINEER'S ESTIMATE C&D HUGHES E&K CONSTRUCTION JORDAN SMITH CONCRETE KENT COMPANIES NOBLES INC ITEM OF WORK UNIT QUANTITY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE 1 BORROW FILL CUYD 50 $15.00 $750.00 $10.00 $500.00 $25.00 $1,250.00 $4.00 $200.00 $6.00 $300.00 $13.86 $693.00 2 CEMENT TON 10 $150.00 $1,500.00 $250.00 $2,500.00 $190.00 $1,900.00 $100.00 $1,000.00 $120.00 $1,200.00 $43.76 $437.60 3 CONCRETE CURB,6" X 14" LFT 200 $18.00 $3,600.00 $17.00 $3,400.00 $21.00 $4,200.00 $15.00 $3,000.00 $12.00 $2,400.00 $23.06 $4,612.00 4 CONCRETE CURB & GUTTER, AS DIRECTED LFT 50 $20.00 $1,000.00 $24.00 $1,200.00 $23.00 $1,150.00 $15.00 $750.00 $14.00 $700.00 $23.06 $1,153.00 5 CONCRETE DRIVE APPROACH, 6" SQYD 2,698 $27.00 $72,846.00 $15.00 $40,470.00 $28.20 $76,083.60 $22.50 $60,705.00 $26.10 $70,417.80 $51.81 $139,783.38 ·6 CONCRETE SIDEWALK, 4" SQFT 114,555 $2.85 $326,481.75 $3.00 $343,665.00 $2.45 $280,659.75 $2.75 $315,026.25 $2.46 $281,805.30 $3.92 $449,055.60 7 CONCRETE SIDEWALK. 6" SQFT 8,550 $3.35 $28,642.50 $4.00 $34.200.00 $3.05 $26.077.50 $3.00 $25.650.00 $2.90 $24,795.00 $5.81 $49,675.50 8 CONCRETE SIDEWALK RAMP,TYPE I OR TYPE Ill SQFT 11,550 $3.65 $42,157.50 $3.00 $34,650.00 $3.95 $45,622.50 $2.75 $31,762.50 $2.80 $32,340.00 $3.91 $45,160.50 9 EXCAVATION CUYD 25 $10.00 $250.00 $10.00 $250.00 $32.00 $800.00 $6.00 $150.00 $40.00 $1,000.00 $87.46 $2,186.50 10 REMOVING CONCRETE CURB LFT 1.200 $5.00 $6,000.00 $6.00 $7,200.00 $9.00 $10,800.00 $3.00 $3,600.00 $9.00 $10,800.00 $3.22 $3,864.00 11 REMOVING CONCRETE CURB & GUTTER LFT 50 $10.00 $500.00 $10.00 $500.00 $15.00 $750.00 $3.00 $150.00 $10.00 $500.00 $3.62 $181.00 12 REMOVING CONCRETE DRIVE APPROACH SQYD 2,698 $10.00 $26,980.00 $6.00 $16,188.00 $10.00 $26,980.00 $6.75 $18,211.50 $17.00 $45,866.00 $1.78 $4,802.44 13 REMOVING CONCRETE SIDEWALK SOFT 138,405 $1.30 $179,926.50 $2.00 $276,810.00 $1.25 $173.006.25 $1.40 $193,767.00 $1.50 $207,607.50 $0.86 $119,028.30 14 ROOT CUTTING FORS. W. INSTALLATION, 10"- 20" TREES EACH 170 $25.0C $4,250.00 $50.00 $8,500.00 $35.00 $5,950.00 $25.00 $4,250.00 $30.00 $5,100.00 $30.50 $5,185.00 15 ROOT CUTTING FOR SW. INSTALLATION, 20"-30" TREES EACH 170 $50.00 $8,500.00 $75.00 $12,750.00 $60.00 $10,200.00 $35.00 $5,950.00 $40.00 $6,800.00 $30.50 $5,185.00 16 ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30" EACH 60 $75.00 $4,500.00 $100.00 $6,000.00 $100.00 $6,000.00 $45.00 $2,700.00 $50.00 $3,000.00 $30.50 $1,830.00 17 RETAINING WALL 18" BY 8" WITH RE-ROD LFT 100 $25.00 $2,500.00 $30.00 $3,000.00 $25.00 $2,500.00 $20.00 $2,000.00 $42.00 $4,200.00 $11.44 $1,144.00 TOTAL $710,384.25 $791,783.00 $673,929.60 $668,872.25 $698,831.60 $833,976.82 12 E+K CONSTRUCTION OF HOLIAND CO. INC. 13134QUINCY STREET HOLLAND Ml 49424 Phone 616-3991921 Fax616-399-3110 Email Ekoon@wmol.com Mohammed S. Al-Shatel City of Muskegon 933 Terrace Str. P.O. Box 536 ' .. -L. •· :. 2~01 Muskegon MI 49443--0536 RE: 2001 Sidewalk Replacement Program Dear Mohammed, I am writing this letter in regards to the Feb 20 bid letting on !he 200 I sidewalk replacement project. I ask the city to consider E+K Constructions past experience and workmanship on previous Sidewalk projects. With the bids being so close there are also factors that you cant put A price on. Because we have done past projects we know what the city expects with workmanship and getting done in a timely manner. I also believe we have learned a good system in performing the project that works for all departments and people involved. E+K has always took these projects seriously. Its always hard being 2nd by a small amount and I am not saying anything bad or misleading about any other contractor but I think E+K's experience would be in the cities best interest. Whatever the outcome thank-you for your time and we look forward to working with the City of Muskegon in the future. Sincerely Jack Kalkman President E+K Construction of Holland Co. Inc. Date: March 13, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Janitorial Services for 2001 - 2003 SUMMARY OF REQUEST: To award a janitorial services contract to Edwards Janitorial to clean City Hall/police department and Public Service Building only for the next 3-years starting May 1st 2001 until April 30th of 2003 with an option on the fourth year. Edwards Janitorial was the lowest responsible biddei;,. see attached tabulation sheet, with a bid price as follow; 2001 2002 2003 Total City Hall & P.D $51,561.30 $53,092.73 $54,700.59 $159,354.62 Public Service $15,852.93 $16,304.92 $16,790.48 $48,948.33 Building FINANCIAL IMPACT: The above stated annual costs BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To award a three year contract to Janitorial COMMITTEE RECOMMENDATION: BID TABULATION JANITORIAL SERVICES CONTRACT-2001-2002-2003 PUBLIC SERVICE BLDG CITY HALL CEMETARY OFFICE I CONTRACTOR 2001 2002 2003 OPTIONAL LUUL LUUO ,_,, ',,_,, .,. ... LUU1 ovvo ovvv ~• ,,_,.c,• " GRAND TOTALS 1 EDWARDS JANITORIAL SERV $15,852.93 $16,304.92 $16,790.48 $17,278.65 $51,561.30 $53,092.73 $54,700.59 $56,152.15 $1,841.90 $1,882.59 $1,923.50 $1,964.66 $289,346.40 3 MID STATE CLEANING $24,254.09 $24,729.09 $24,739.09 $24,986.01 $76,700.00 $78,234.00 $78,234.00 $78,840.00 $2,496.00 $2,545.00 $2,545.00 $2,545.00 $420,847.28 EDWARDS JANITORIAL SERVICE MID STATE CLEANING ,vv1 •vv• ,vvv OPTIONAL 2,001 2,002 2,003 OPTIONAL ,·uoclG ,,. :1- l::5LU1.:1 $15,852.93 $16,304.92 $16,790.48 $17,278.65 $24,254.09 $24,729.09 $24,739.09 $24,986.01 CII Y nM1.<.. $51,561.30 $53,092.73 $54,700.59 $56,152.15 $76,700.00 $78,234.00 $78,234.00 $78,840.00 VL..IVIL.. I T"\l ~ I '-"' l ''-''- $1,841.90 $1,882.59 $1,923.50 $1,964.66 $2,496.00 $2,545.00 $2,545.00 $2,545.00 YEARLY TOTALS $69,256.13 $71,280.24 $73,414.57 $75,395.46 $103,450.09 $105,508.0 $105,518.0 $106,371.01 GRAND TOTALS $289,346.40 $420,847.28 I I I I I DATE: March 5, 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 463 Houston SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 463 Houston 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals. Location & Ownership: This 4-unit apartment house is located on Houston near seventh street. The property is owned by Daniel Heller who sold the property on a land contract to CJ Investments (Charles Wishart) whom quit claimed the property back to Heller in December of 2000. History: A dangerous building inspection was conducted on 1/24/00. On 1/27/00 a notice and order was sent to the owner. The owner did not comply with the order and the Housing Board of Appeals heard the case on 4/6/00. The board declared the structure unsafe and forwarded the case to the commission on May 9, 2000. A Temporary restraining order was filed and the Courts remanded the case back to the housing board of appeals on July 6, 2000 and the Board gave the owner 120 days to complete all repairs. On 12/5/00 Mr. Wishart submitted a copy of a quit claim deed proving that he gave the property back to Dan Heller. The Board reviewed the case again on January 4, 2001. Mr. Heller did not show up to the meeting and the condition of the home remains the same. The Board declared the structure dangerous and forwarded the case to the commission for concurrence in the demolition of the structure. State Equalized Value: $19,300.00 Estimated cost of repairs: $15,000.00 City Commission Recommendation: The Commission will consider this item at it's meeting on 3/13/01. < 7 < DANGEROUS BUILDING INSPECTION 463HOUSTON 1/24/2000 APARTMENT HOUSE 1. Front apartment is completely stripped and in need of complete building, electrical and plumbing. 2. Broken out windows and ripped screens. 3. Damaged apartment entry doors. 4. Illegal use of extension cords supplying other apartments with electrical service. 5. Need electrical, plumbing, and mechanical certified safe . •. 6. Soffit on roof system is falling off. 7. Cornice of roof needs completion. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCWRE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. FAL INOWSKI, BUILDING INSPECTOR CONCURRED IN: ~_,Wc* /.- IB~CINT~BUILDING OFFICIAL •/ (/ AT 4:19 o.m. FOR HOUSTON 463 PAGE 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 transferinq ownership. Notice must include name, address and phone number of new owner. 3 NOTE: Non owner-occupants must use licensed contractors for most elettrical, plumbing or mechanical repair work. Call 724-6758 for more information. _;- .,.A" APT. 2 ~, 5 NOTE: -(~- ,,:' ,, -:,· -'--~-· -'·, · ,.,,r/ · · Has roaches. 5 B APT. 2 BATH Faucet is dripping. ,• ,: , 6 B.. APT. 2 BATH • Has low cold water pressure . .....::;_z___:: AF·T. 2 BATH Has low hot water pressure. _C) 8 APT. 2 ENTRY · Door is loose or coming off of its hinges. ;R:!) 8 APT. 2 ENTRY '-.:::::::, door doorstop is broken or missing. 10 A APT. 2 GENERAL Dwelling or unit is infested with cockroaches. 11 8 APT. 2 GENERAL Roof leaks. -- s..-;t:1 B AF"T. 2 GENEF:!',L i Floor covering has holes, r·ips or is missing or· is not sealed ,-- ' _____ on edges. ~- P,F·T. 2 NOTE: ___,.,..,. Mus.t use good v;or-km,.:~,rish i p. ---~-~=--~ ----- APT. 2 STAIRWAY CcJmmori lighting not working~ 15-- A P,PT. 3 l,!Jaste is leaking. ,·•" ·, " ·'F'T • ·-· f--1 -::- / -.,,,.--;:::r . _,, • / i /' , --~ ..../ , . - -· / Ceiling is water damaged. 1-7- E< hPT. 3 ,,. ! • Wall(s) is/are water damaged. .~----.;;- 18 h APT. 3 ~ /. . .I .,, •'. ·' Step is broken or rotted. -~- 19 b AF"T. 3 ·~ ,, . ~ ... ,, r-;1:..,._• Ceiling needs 1/2 in. drywall. / 20 j._'li< BATH Toilet tank cover is broken or missing. '21. 8 BhTH Light fixture globe is broken or missing. 22 BATH - SINK NOTE: ~later d,··ips. December -. AT 4: 19 p.m. FOR HOUSTON 463 F'AGE No Cat Violation --- === 23 B ---------------------------------------------------------==------ EXTERIOR Operable window(s) do not have a screen - must cover the complete bottom sash. 24 B EXTERIOR - FRONT DOOR Needs closure. 25 EXTERIOR - FRONT DOOR Repalce - not properly repaired. 26 A EXTERIOR - UF'F'ER FRONT Remove cover from space heater vent. 27 A EXTERIOR - UF'F'ER WEST Window has broken or cracked glass. 28 A EXTERIOR - W SIDE REAR Window has broken or cracked glass. 29 A EXTERIOR GENERAL Window has broken or cracked glass . ..• ··•.3Q . ·B . EXTERIOR GENERAL Operable window(s) do not have a screen - must cover the complete bottom sash. 31 B EXTERIOR GENERAL ).. ) Window screen is torn or damaged. ;'\ 32 A LIVING ROOM Window has broken or cracked glass. ~":!' ·-··-· B REAR BEDROOM Ceiling tile are missing or falling down. 34 A REAR BEDROOM Smoke detector is missing or inoperative near the bedrooms. ._,...J ~i= B REAR BEDROOM Does not have privacy door. 31~,;, B REf',R BE:.OF:OOM door· doorstop is br • ~(en or missing. 37 B REP,R .BEDF:OOM Door· har-dware is bro~,en, niissing o~ incomplete. 38 B Fff~,n BF:OF:OIJl'1 Cr::1iling stained~ EMO OF L.IST ) ''· ''· , , J : \,\' I I \ 1\ ' ;" I \.• f .t \t''l1m.lli\,' \dilln ,,i,, -~4.,,•1u 7 \_\. ·:,4.1,-'l() MUSKEGON 1,ll, .. 14-o .. 08 ~ \ \ ... H-6 .. M Ccmctcr) hl6 .. 2-t-6'.'83 F \.\ ... 22-4188 ('i\il Sei,ice 616, "l.J-6716 F.-\XJ724-6790 West MlcWgan's Shoreline Oty Cll'rk 616/72.J...6705 NOTICE AND ORDER FAX1724-4178 Comm. & Neigh. Ser.ices January 27, 2000 6(6/724-6717 FAX/726-2501 Engineering 616/724-6707 FAX/724-6790 Daniel Heller P. 0. Box 181 Finance 6(6/72.J...6713 Hesperia, Mi. 49421 F,~/72.t-6J6~ Fire Dept, Dear Property Owner: 616/72.J...6792 FAX/724-6985 Subject: 463 Houston (apartment house) Income Tax 616/72.J...6770 W ½ lot 5, Block 370 FAX/724-6768 Info. Systems The City of Muskegon Building Official has recently inspected the subject property and has 616/724-6975 FAX/72-t-6768 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City Code. Leisure Ser.ice 616/72.t-670.J FAX/724-6790 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the .\lanager's Office structures within thirty (30) days . 6!6/724-6724 FAX/724-6790 If you elect to repair the structures, you must secure all required permits and physically .\la~·or's OHice 6!6/724-6701 commence the work within thirty (30) days from the date of this order. F.-\X/724-6790 .'\'cigh. & Const. Should you have any questions concerning this matter, please do not hesitate to contact our Sen·ices Building Official, Jerry McIntyre at 724-6715. 616/724-6715 ~e:;Q:ilJJl FAX/724-6790 Pl;1nning/Zoning 6!6/724-6702 FAX1724-6790 ~~ Police Dept. 616/724-6750 FAX/722-5140 R~k; ~inski Fire Marshal/Inspection Services Public Works 616/724--1100 FAX/722--1188 Treasurer 616/72-1-6720 FAX/724-6768 Water Dept. 616/724-6718 F.-\X/72.J...6768 \\ a1cr Filtntion 616 ""H-41U6 F-\_\ ·"155-5290 Cit)· of Muskegon, 933 Terrace Street, P.O. Bo, 536, Muskegon, Ml 49443-0536 \ffirnntiH' Action olo,~24.6703 F.-\X/'124--6790 .-\~cssor 6161724--6 708 F.-\.X.•724-6768 Cemetery 6l6n24-6783 FAxn22-,U88 Civil Service 6!6/72-4--6716 F Axn24-6790 West Mlchlgan's Shoreline City Clerk CITY OF MUSKEGON Gl6n24-6705 F Axn24;:6768 NOTICE OF HEARING ON Comm. & Neigh, Services DANGEROUS AND UNSAFE CONDITIONS 6t6n24-6717 FAxnl4-6790 Engineering 616n24--6101 FAX/724--6790 DATE: March23,2000 Finance 616/724--6713 TO: Daniel Heller F,._X/724--6768 Fire Dept. SUBJECT: Dangerous Building Case #00-20 - 463 Houston 616/724-679? F AX/724-6985 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City Income Tax 616/724-6770 of Muskegon will be held on April 6, 2000 at 5:30 p.m. at the Muskegon City Hall FAxn24-6768 Commission Chambers on the first floor. Said hearing will be for the purpose of Info. Systems determining whether the structure should be demolished or otherwise made safe. 616/724-6975 FAX1724-6768 Officials from the Inspection Services Department have inspected the structure and it is Leisure Sen-ice 616/724--6704 alleged that it has defects as listed on the attached page(s). FAxn24--6790 Manager's Office The defects are violations of Section 4-23 of the Muskegon City Code, which defines 616/724-6724 dangerous buildings. FAX/724-6790 Mayor's Office 616/724-6701 At the hearing, the Inspection Services Department will present testimony regarding the FAX1724-6790 alleged defects. You are advised that you or your representative may cross examine the Neigh. & Const. City's witnesses and you may present testimony in your own behalf and call witnesses in Services your own behalf. We encourage you to attend the meeting since it is always better if 616/724-6715 FAxn24-6790 someone is available to answer any questions the Board may have. ' Planning/Zoning 616/724-6702 Inspection Services FAX/724-6790 City of Muskegon Police Dept. 616/724-6750 FAX.1722-5140 Public Works 616/724-4100 FAX/722-4188 Treasurer 616/724-6720 F AX/724-6768 Water Dept. 616/724-6718 FAX/724-6768 Water Filtration 616/72-1--1106 F.-\X175S--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 NAYES: EXCUSED: ABSENT: g Borgman Ro rt Johnson Fred ·elsen Willia RandyM John Warne Clint Todd The motion carrie #99-27 - 381 OAK- ST NATIONAL ACCEPT~1~.,,, PO BOX 4010, E LANSING, MI. A ONY HUFFMAN, 928 . NORTON, MUSKEGON, MI. Mr. Huffman was in attendanc He asked for extension of 30 days to call for an inspection and to take care of the shed. This rought back to the May meeting if not complete. John Warner, supported by Randy ade a motion to support the extension. AYES: ABSENT: Greg Borgman Robert Johnson Fred Nielsen William Anderson Randy Mackie John Warne Clint To #00-20 - 463 HOUSTON - DANIEL HELLER, PO BOX 181, HESPERIA, MI. Mr. Heller did not attend the meeting. The Staff recommended to declare this structure substandard, unsafe, a public nuisance and forward to the City Commission. Randy Mackie mad a motion, supported by John Warner to accept the Staff recommendation and forward the case to City Commission for concurrence. · AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Robert Johnson Fred Nielsen William Anderson Randy Macki John Warner Clint Todd The motion carried. 3 \ffirrn.lllll' \<1101\ h!6,':!.l-6~0~ F \.\, .. ?4-6':68 t:tm.:ltl) 616,724,..6'.'83 F.\.:\;722-4188 Ci1 ii Senice 6161724-6716 FAX/7?4,..6790 West Michigan's Shoreline (lty Clerk 616/724-6705 F AX/724-4178 MUSKEGON HOUSING BOARD OF APPEALS Comm. & l'/eigh. Sen·ices 616/7H-67l7 DATE: April 10, 2000 FAX/726-2501 CASE: 00-20 -463 Houston Engineering 616/724-6707 FAX/724-6790 Mr. Daniel Heller Finance PO Box 181 616/724,..6713 Hesperia Ml 49421 F AX/724-6768 fo,o,p1. FINDING OF FACTS AND ORDER 616/724-6792 FAX/724-6985 Income Tax The following action was taken at a session of the Muskegon Housing Board of Appeals 616/724,..6770 held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on April 6, 2000. The F AX/724-6768 Inspection Services Department of the City of Muskegon, having inspected the building Info. Systems structure located upon the property, described as the West½ of Lot 5, Block 370, also 616/724-6975 FAX/724,..6768 known as, 463 Houston Ave, 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 6\6/724-6704 Ordfnances. F AX/724-6790 "'"'•"·,orr.ce The Board further found that these conditions exist to the extent of endangering life, "'m'- 6 "' FAX/724-6790 safety and the general welfare of the public. ;:;;;;;\~~" Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is Fum,-67,o declared to be unsafe, substandard and a public nuisance. '.\'eigh. & Cons!. Sen·ices It is, therefore, ordered that the •)wners or other interested parties take such action .t.i. 616/724-6715 F·\X/7H-6790 s.ipeir GF remove said structure, or appeal this order within 20 days of the rec-eipt of this order. Planning/Zoning 6\6/724-6702 F.-\X/72-1-6790 It is further ordered that if the owners or other interested parties fa" to repair e. remove Police Dept. said structure, or appeal this order within 20 days of the receipt of this order, the 616/724-6750 FAX1722-5140 BuildingOfficial shall take bids and remove said structure. Public Works 616/72-l-4100 FAX/722-..il88 Treasurer 616/724-6720 FAX1724-6768 Water Dept. 6l6/7H-6718 FAX/724,..6768 \\ :all'r Filtration 61617H--H06 F.\X '755-5290 City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 494-13-0536 If you wish to appeal this order you must do so within twenty days. You may obtain the appeal fonn at the City's Inspection Services Department, City Hall, 933 Terrace Street. BOARD OF APPEALS ·• \ffirm.uh e -\.,:tlon :J 1- "'1-l-<i':0J [--\:X.',-22·121-l \>~eHor !Jl 7.24-6708 f.--\X,/26-5181 Cemelei-y DlnH--6783 F.--\xn26-5617 CM! Ser.ice 2Jln24-6716 FAX/724--4405 West Michigan's Shorellne (lty Clerk May 10, 2000 231/7?4-6705 FAX/724-4178 Comm. & Neigh. Senlces Daniel Heller 231/724--6717 PO Box 181 FAxn26-2501 Hesperia MI 49421 Engineer:lng 231/724-6707 FAXfl27-6904 Dear Property Owner: Finance 23In24-6713 SUBJECT: 463 Houston FAxn24-6768 Muskegon, Michigan Fire Dept, 231/724-6792 FAX/724-6985 On May 9, 2000, the Muskegon City Commission concurred in the determination Income Tax previously made by the Muskegon Housing Board of Appeals that the subject property is 231/724-6770 unsafe, a public nuisance and a dangerous building under the City Code. As a result, the FAxn24--6768 Commission ordered that the building be demolished within thirty (30) days. Info. Systems 231/724-6744 FAX/722-4301 If this building is not demolished by June 9, 2000, the City will proceed to cause it to be Leisure Service demolished and the costs associated therewith will be filed as a lien against the property. 231/724-6704 FAX/724-1196 Please note that you have the right to appeal this order to the circuit court for the County :\tanager', Office of Muskegon by filing a petition within twenty (20) days from the date of this letter. 231/724-6724 FAX/722-1214 :\layor's Office Should you have any questions concerning this matter, please do not hesitate to contact ?Jl/72-1--6701 me at 724-6765. FAX/722-1214 •nspectlon Services Sincerely yours, tJ,j_ ~ Lkll i.J • '724-6715 FA-,<1726-2501 Planning/Zoning 1 231/72-1--6702 FAX/724-6790 t~~binski Police Dept. Fire Marshal/Inspection Services 231/724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231/724-6720 FAX./724--6768 Water Bllllng Dept, 231/724-6718 FAxn24--6768 Water FU1ratton 231/724--4106 FAX/755--5290 City of Muskegon, 933 Terrace Street, P.O. Bo, 536, Muskegon, MI 49443-0536 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MUSKEGON The Honorable Timothy G. Hicks Circuit Judge ' IN RE: DANIEL HELLER, FILE NO. 00-40139-AS _____________/ David L. Bossenbroek (P24289) BRITTON & BOSSENBROEK, P. C. Attorneys for Daniel Heller G. Thomas Johnson (P15523) PARMENTER O'TOOLE Attorneys for City of Muskegon ORDER REMANDING TO HOUSING BOARD OF APPEALS County and State aforesaid on this /pJh day of r, At a session of said Court held in the County Build~ng _in the City of Muskegon, :,y ,~ : 2000. PRESENT: HONORABLE TIMOTHY G. HICKS, CIRCUIT JUDGE The parties having stipulated and the Court being fully advised in the premises, IT IS HEREBY ORDERED that this cause is remanded to the City of Muskegon Housing Board of Appeals for further action in accordance with this Order. IT IS FURTHER ORDERED that the Building Permit No. 00-0451 issued for the premises at 463 Houston on June 14, 2000, and then later withdrawn as inadvertently issued, is hereby ordered reinstated, with a requirement that the work be commenced within 30 days from July 6, 2000. A copy of the said permit is attached to this Order. In its discretion the City may substitute a new Building Permit with the same provisions. IT IS FURTHER ORDERED that the matter shall be brought before the Housing Board of Appeals by the City for review, but that the Plaintiff or persons in concert with Plaintiff may H:ILIBIEDSl\001001144616\PLDG\REMANDIN.ORD act upon the building permit upon the entry of this Order. This Order shall have the effect of a Housing Board of Appeals' order made pursuant to the first paragraph of Section 4-25 of the city ordinances ordering the house secured and thereafter repaired. IT IS FURTHER ORDERED that the court retains jurisdiction of this matter in the event further review is necessary. Honorable Timothy G. Hicks Circuit Judge APPROVED FOR ENTRY: 'TOOLE H:ILIB\EDSl\001001144616\PLDG\REMANDIN.ORD 33 •25 :l 100•00 CA 16 • 7 5 001 11-15 003 '-/(;3 /-fouyk~ \J Qf /\\rt YL,7::0 h",:, .· , •J I ( < '- • \,\~Hi)( :H "'!+-4"03 FILE COPY f \.\. "'!6-5111 CtmtUI')' ?Jlm+-67IJ • F..\..'<112 5'17 ChUStMce lJl/71+-6116 FAXm4-4<05 Otrk lJl/71+-6705 FAXnl+-6171 , Comm. & Nd&b. MUSKEGON HOUSING BOARD OF APPEALS Scrvlctt IJl/71+-6717 FAlCnl~l501 Enclnttrh11 July 12, 2000 lJl/71+-6707 FAXnl7-<,904 nnance 131/71+-6713 Charles Wishart FAX/71+-6761 1210 Amity# 1 Fire o,pt. Muskegon MI 49442 lJlnU-6792 FA.X/714"'985 Dan Heller lncom, Tat lJlnU-6770 PO Box 181 rAXn14"'761 Hesperia MI 49421 Info. Systenu IJl/71+-6744 FAXnll-4301 Dear Property Owner: Lelsurt Stn1ce ntnu-610,& Subject: Dangerous Building Case #00-20-463 Houston Ave., Muskegon MI. FAXn24-1196 Mana1er'1 Office FINDING OF FACTS & ORDER lJlnU.-6714 FAX/121-1214 At the July 6, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed by Mayor's Office JJtnU-6701 the Board to GRANT Case #00-20 - 463 Houston Ave., 120 days to complete all repairs. F..\..X/1ll-UU If repairs are made and final inspections are completed within the agreed upon timetable tnsptctlon SeMcu October 4, 2000) you will not have to come back to the Hosing Board of Appeals. If 231n24-611s repairs are not complete and a final inspection has not been conducted, this case will be • FAX/12 1501 heard before the Board again on October 5, 2000. Plan nln&fl,onln& llln14-6701 FAXnl4-6790 If you have any questions, please call the Inspections Department at (231) 724-6715. Police Dept. lltnl-t-6750 Sincerely, FA.xnll-5140 Public Works 13tn14-4l00 FAX/711 118• Treuurer obert Grabinski lJlnU-6710 Fire Marshal/Inspection Services FA.'(172+-6761 Water BUlloa Dtpl. 1JtnlU711 FAX/714-6768 Wattr Ftltndoo llln14-4106 r A.xnss-s190 City of Muskegon, 933 Terrace Street, P.O. 801 536, Muskegon, Ml 49443-0536 S'(A 1C OF MIC1~\Gi COUNTY OF MUS'\E N HCCE\VEO r-oR REC RO QUIT CLAIM DEED THE GRANTOR(S) CHARLES Ii WISHART, JR. and wife, JENNIFERL. WISHART of 1210 Amity Ave., #1, Muskegon.MI 49442 QUIT a.AIM(S) 10 DANIEL HELLER and wife, MARY KAY HELLER ofP.O. Box 181, Hesperia, Ml 49421 the fullowu,g d<sail>cd p,,,mses situar.d in the City of Musk,goo, County of Musk,goo, and State of lllichi8"', and - .. fullows: West 1/2 ofLot S, Bloclc 370. Abo known as 463 Houston, Ave., City ofMusk,goo, Mmg,n 49442. 24-20S..370-0005-0:l Subject to all rood,, lughway,, cascments, """"'°ons and use restrictions of record. This de<d is gJaDtcd to rdease any int=st sra-'• bold fur 463 Houston Ave., City of Musk,goo, Musk,goo, lllichip. as listed in a Assigmnent and Sales Agreemellt between the parties, commeoang May 1,2000. This de<d is gJaDtcd with the Wldcnlandlng - · · will be ....,.,,...1.fur any li,bility fur . . . . . demolition. zoning violations, or any other civil or aiminal liability, future or pending. concerning the City ofMmkegon or Muslcegon Cou.nti', This deed is exempt from tnmsfer tax per MC.L.A 207,S0S(a). fur the sum of One and 00/100th ($1.00) DollM. . Dated this 5 -/1" day of "v« -eM'io-<A. ,2000 SpinprcsellCOOf Spby: b M rutl ~':,/2 ~::1- fl,,£ J ·t Hunt STATE OF MICHIGAN) rft~eonifcr .Wishart COUNTY OF OCEANA) T b c f - insttumont was acknowledged bcfurcme this s~ day of IQQ,:.,.-,.,,\,.q 2000, byCbarlosli w.-i, Jr. and wife, - L . w.-i, .. _ . . ' ':i~ '16. n o·vwi KimNoirot Notary 8 Newaygo County, MidDgan My COlllll1Winn expires: Of,/09/2002 Acting in Oceana County, Ml When R«:oRlal Return To: S""1Subs<quclltTaxBill To: . Damd & MMy Hdlcr P.O. Box 181 Hcspcrio..MI 49421 .... """"'" ......., Mark A. Schropp, P.O. Same 93Nonl!Otvlalon,P.0,8ox381 H.-perla.MIQhl;anG421 ;t? 1-,154-1335 MUSKEGON HOUSING BOARD OF APPEALS TING MINUTES JULY 6, 2000 #00-05 - 491 AYES: NAYS: ABSENT: Greg Borgman John Warner Randy Mackie Jerry Bever Rev. Anderson Clint Todd Mayor Niel #00-20 - 463 Houston - Charles Wishart - Muskegon Ml Mr. Grabinski informed the Board that this case was in circuit court this morning as a matter of fact and there is an order that remains this case back to Housing Board of Appeals. If you recall when this case first came before you this property was owned by Mr. Heller and then proceeded through with the dangerous building process. The court has asked to take this back to HBA because of some problems with that process. They also asked that we institute the building permit that they applied for and Mr. Wishart has applied for that and it is issued at this time. What he is requesting is 30 days per unit there is 4 units and it works out to 120 days to have it ready to get some occupants in there. Reviewing that with him the staff recommends to grant 120 days to complete repairs. John Warner made a motion to accept staff's recommendation and grant the 120 days. Randy Mackie supported the motion. A roll call vote was taken: AYES: NAYES: EXCUSED: ABSENCE: Greg Borgman Fred Nielsen John Warner Randy Mackie Clint Todd William Anderson Jerry Bever The Motion Carried. F:\lnspections\Everett\WORD\HBA MEETINGSIAGENDA - MINUTES 2000\MINUTES 7-6-00.doc CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: 0 I /08/0 I To: Dan Heller, PO Box 181, Hesperia MI 49421 Owners Name & Address None known at this time Name & Address of other interested parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday. January 4, 20Jl.l does hereby order that the following structure(s) located at 463 Houston, 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. W ½ of Lot 5, Blk 370 The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 30 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case in 30 days 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:IINSPECTIONSIEVERETnHBA MEETINGSIHBA ANSWER_1-f·Q1\ORDER TO DEMOLISH-463 HOUSTON.DOC NOTICE TO O\VNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair _of the said strnctures. 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. Dated: < > J ~ 'S , .d- CR)/ F:IINSPECTIONSIEVERETT\HBA MEETINGSIHBA ANSWERJ-t·Q1\ORDER TO DEMOLISH-463 HOUSTON.DOC HBA :-Vleeting Minutes 01/04/01 cas r 60 days in order to allow barb close on the sale and let the ne submit· · e table for repairs. Randy Mackie, Supp by John Warner, made a moti o support Staff's recommendation to table the case for 60 days. '• A roll call vote was taken: Ayes: ABSENT: Greg Borgman Clinton Tod Fred Nielsen William Anderson John Warner Randy Mackie Jerry Beve 00-20 - 463 Houston - Dan Heller, PO BOX 181 , Hesperia MI 49421 Mr. Grabinski informed the board of the history of the case. He stated that the case was started in 1999. It is a property that was owned by Dan Heller and was sold to Mr. Charles Wishart. Due to some financial constraints and other issues, Mr. Wishart quit claimed the property back to Mr. Heller. Mr. Heller has not contacted us since September of 2,000. We have seen no activity at this property. NO traffic nothing being done. In essence, Mr. Wishart took out the permit, so that one is voided also. Because of those things and because of the structure, it is Staff's recommendation that you declare this building substandard, unsafe, a public nuisance and forwards the case to the City Commission for concurrence. John Warner made a motion, supported by Randy Mackie to declare the structure substandard, unsafe, a public nuisance and to forward the case to the City Commission for Concurrence. A roll call vote was taken: Ayes: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Fred Nielsen William Anderson John Warner Randy Mackie Jerry Bever The motion carried. Discussion: Fred Nielsen asked if Mr. Wishart ever said why he turned the property back over to Mr. Heller. Grabinski said a couple of reasons, One because he bit off more than he could chew. Once he got in the structure and realized the magnitude of the job, he realized that he didn't have the money to finish it. Nielsen said that he was glad that Mr. Wishart admitted that and stated that Mr. Wishart was a good man, Borgman agreed. End of Discussion. Page 3 of6 F:\lnspections\Everett\WORD\HBA MEET!NGS\AGENDA- MINUTES 2001\MINUTES - l-04-0!.doc File Number - 409611 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan described as follows: The West 1/2 of Lot 5. Block 370 of the Revised Plat (of 1903) of the City of Muskegon. as recorded in Liber 3 of Plats. Page 71. Muskegon County Records. Permanent Property No. 61-24-205-370-0005-00 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 information has been received by the Treasurer in the form of an assessment rolt. This report also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village and Township Treasurers, and from Treasurers of Cities other than the City of Muskegon, lnh~ritance or Estate Taxes and Federal Tax Liens, if any, are not included in this report. CITY DR VILLAGE TAXES No 1999 City taxes. STATE AND COUNTY TAXES 1998 County tax due in the amount of $976.52. plus penalties and interest. 1999 County tax due in the amount of $990.45. plus penalties and interest. SPECIAL ASSESSMENTS City of Muskegon invoice due in the amount of $100.00. plus penalties and interest. City of Muskegon infraction information unavailable at this time. Delinquent water usage due in the amount of $362.01. TAX SALES State Equalized Value $19,300.00. Taxable Value $18,259.00. MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION Form No. M867.6 (Previous No. T814) DATE: March 5, 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 734 Hill Ave. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 734 Hill Ave 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals. Location & Ownership: This Two-unit rental home is located on Hill Avenue near Kenneth Street. The owner is Conseco Mortgage Company of Tempe Arizona. History: On 9/22/00 a dangerous building inspection was conducted. On 10/31 /00 a notice and order was sent to the owner. On 1/4/00 the housing board of appeals declared the structure dangerous and an order to demolish the structure was sent tot he owner on 1/8/00. On 3/2/01 Stacy from Conseco Mortgage called and stated that the bank would be filing a Temporary Restraining Order. State Equalized Value: $14,300.00 Estimated cost of repairs: $8,000.00 City Commission Recommendation: The Commission will consider this item at it's meeting on 3/13/01. '' =1-• u ti1 1 111 H-t1 11 1 I11111 IJJ I I I I I H~tJ LJI 1 1111111 1- 111 [I] TI 81_1 II RU 1111 . If I I Ill I 1~11111111 H6 I I IIII J 111 111111 I [TI] ~CATt=rn ,-11a~1~1 , 11 1a - -~ .-----,.-----,-~ 1 111 11 .. - - 11 1 - r. ,----,------,--- . - - - 1 111 1 1 [III . 01111 ... ' . ..-=g11111=m .. .,,. ]] - .-~1 .. - ~ . ; wITTrl ,8 ~ ' ~ 1.---- .L_~I _/ I I I _I I BENTON AV I 11 I.I 1111111 !H= 111 nnr 111 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 734 HILL STREET 9/22/00 Inspection Noted: 1. Roof covering deteriorating. 2. Fascia on home and trim in need of repair and paint. 3. Garage roof in state of structural collapse. 4. Garage walls, siding rotting. 5. Interior inspections by building, electrical, plumbing and mechanical inspectors are required before any permits or certificates 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. CONCURRED IN: CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: I 0/31/00 Address of the Property: 734 Hill St.. Muskegon, Michigan Description of the Structure: E 35 Ft of Lot 12, block 88, Revised Plat (of 1903} of the City of Muskegon, according to the recorded plat thereof in Liber 3 of Plats, Page 7 l, Muskegon MI County Records. TO: Conseco Mortgage [Name of Owner] 7360 S. Kyrene, Tempe AZ, 85283 [Address of Owner] [Names of Other Interested Parties] [Addresses] The Building L1spection Department of the City of Muskegon has detem1ined that the stmctures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all pem1its required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. Obtain the issuance of the appropriate petmit 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 . .r F:\INSPECTIONS\EVERETT\STANDARD FORMS\INSPECTIQNp QEPARTMENT NOTICE AND ORDER.DOC 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. Fire Marshal/Inspection Dept. Position Dated: 10/31/00 SCHEDULE OF CONDITIONS The following conditions are present at the structure at 734 Hill St., Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public mnsance. (Please see attached inspection report) CTION DEPARTMENT Fire Marshal/Inspection Dept. Position Dated: --~==~------------ 11/01/00 F:IINSPECTIONSIEVERETTISTANDARD FORMSIINSPECTIQNJ QEPARTMENT NOTICE AND ORDER.DOC CITY OF l\IUSKEGOl'i CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: 0 l /08/0 l •• To: Conseco Mortgage, 7360 S. Kyrene, Tempe AZ. 85283 Owners Name & Address None Known at this time Name & Address of other interested parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, January 4, 20Jll, does hereby order that the following structure(s) located at 734 HILL , Muskegon, Michigan, shall be demolished for the reason that the said strncture or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. E 35 Feet of Lot 12, Block 88 The owners or persons interested shall apply for the required pem1its to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case in 30 days 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\HBA MEETINGSIHBA ANSWER_1-f-Q1\ORDER TO DEMOLISH-734 HILL.DOC l'iOTICE TO O\VNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair .of the said strnctures. 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 . Grabinski, Fire Marshal/Inspections Dept Dated: ~ 'is, ol-ao I F:IINSPECTIONSIEVERETTIHBA MEETINGSIHBA ANSWERJ;fQ1\0RDER TD DEMOLJSH-734 HILL.DOC \!llrurnlivc _\.:rion B!:724-670.l F.-\X/721-1214 MUSKEGON AH<-'ssor 2311724-6708 FAX/726--5181 Cemetery 231/724-6783 FAX/726--5617 Ch·II Senice 231/724-6716 February 26, 2001 F AX/724-4405 West Michigan's Sborellne City Clerk 231/724-6705 FAX/724-4178 Comm. & Neigh. Mr. Bill Poplaski Services 231/724-6717 Rep. for Owner FAX/726--2501 (Conseco Mortgage) Engineering Fax: (231) 733-0941 231/724-6707 FAX/727-6904 Re: 734 Hill Street, Muskegon Ml Finance 231/724-6713 F AX/724-6768 Dear Mr. Poplaski: Fire Dept. 231/724-6792 I have attached the Order to demolish the structures at 734 Hill Street that was FAX/724-6985 issued by the Housing Board of Appeals. Originally I had told you that this case Income Tax has been heard before the City commission and that they concurred with the 231/724-6770 FAX/724-6768 Housing Board for the structure(s) to be demolished. This is incorrect. The City Info. Systems Commission has not heard the case yet. This means that a Restraining order is 231/724-6744 not necessary at this point. FAX/722-4301 Leisure Service I have also attached the dangerous building inspection report as you requested. 231/724-6704 FAX/724-1196 Please have the owner's contact Mr. Bob Grabinski at (231) 724-6715 to discuss Manager's Office their plans with the property at 734 Hill Street. 231/724-6724 FAX/722-1214 Sincerely, Mayor's Office 231/724-6701 FAX/722-1214 Inspection Services 231/724-6715 &iLr~ Cathy Everett FAX/726--2501 Inspection Services Dept Planning/Zoning Secretary 231/724-6702 F AX/724-6790 Police Dept. 231/724-6750 FAX1722-5140 Public Works 231/724-4100 FAX17224188 Treasurer 231/724-6720 F AX/724-6768 Water Billing Dept. 231/724-6718 F AX/724-6768 Water Filtration 231/724-4106 F AX/755-5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 File# 412584 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan Described as follows: The East 35 feet of Lot 12, Block 88, 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.: 61-24-205-088-0012-00 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 infonnation 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 form of an assessment roll has received infonnation. This report also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof, infonnation 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 is due in the amount of $810.89 if paid by 10-31-00 or $818.00 if paid by 11-30-00 State Equalized Value $14,300.00 Taxable Value $13,348.00 NOTE: No Homestead filed NOTE: Invoices, Infractions, Special Assessments and Water bills have not been checked. Contact the City Treasurer for this information. BY Dau &Lh11121 Diane M. Kroll DATE: September 20, 2000 at 8:00AM MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION DATE: March 5, 2001 TO: Honorable Mayor and City Commissioners FROM: Robert 8. Grabinski, Fire Marshal/Inspection Services Dept. RE: Concurrence with the Housing Board of Appeals Finding of Facts and Order for 423 Ottawa. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 423 Ottawa 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 the demolition will be paid with CDBG Commercial clearance funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Concur with the Housing Board of Appeals. Location & Ownership: This commercial property (Sealmore Corp) is located on Ottawa Street between Jackson and Sumner. Jim Vaandering owns the property. History: An inspection was conducted on 9/5/00. Some correspondence was received by the City from an engineering company that Mr. Vaandering contracted out to complete repairs. The proposal was denied by the Fire Marshal on 10/19/00. A notice and order was sent on 11/1/00. On 11 /13/00 a structural inspection was conducted by an engineer and found that the structure could not with stand the snow load. On 11/21/00 the building was ordered to shut down. On 1/4/01, the Housing Board of Appeals heard the case and ordered that the structure be demolished. The condition of the structure remains the same. State Equalized Value: $23,600.00 Estimated cost of repairs: $35,000.00 City Commission Recommendation: The Commission will consider this item at it's meeting on 3/13/01. ,r . - - --- _,' ). [ CITY OF MUSKEGON INSPECTION DEPARTMENT DANGEROUS BUILDING INSPECTION REPORT 423 OTTAWA !!/5/00 INSPECTION NOTED: 1. Exterior walls on building have serious structural cracks, walls starting to fail, bowing. 2. Structural beams, Headers, lintels failing 3. Improper fire separation from business shop area. 4. Means of egress, exiting violations, hazards, blocked off, no steps on one . exit door. 5. Roofing deteriorated, failing structural covering. 6. Shop ceiling falling away from rafter - ceiling joists. 7. Parapet caps on roofing missing, loose. 8. Shop overhead door in need of structural repair. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ALTINOWSKI, BUILDING INSPECTOR F:llnspections\Everett\Cathy\423 Ottawa\DB INSPECTION REPORT.doc { To: Bob Grabinski Re: 423 Ottawa Upon inspection of the above address I found the following problems to exist Plumbing 1. Chemical waste piping to be in state of dissrepair 2. Little or not support on any piping 3. Unsure as to if chemical waste piping is approved for application 4. No apparent venting of fumes 5. Sanitary system unkept Mechanical 1. Unit heaters not vented 2. Mechanical systems in severe state of dissrepair 3. No apparent life saftey systems in place Rick Clark Plumbing/Mechanical Inspector City of Muskegon FIRE SAFETY CODE VIOLATIONS SEALMORE CORPORATION 423 OTTAWA September 5, 2000 1. Address shall meet requirements for size, height and placement (color contrast). 2. Key box needed for fire department access. 3. Structural integrity of building considered dangerous building by fire and building inspector. 4. Open penetrations in ceiling, walls (leaking roof). 5. Numerous electrical hazard (temporary use of extension cords and improper wiring of machinery). 6. Heating hazard gas fire fueled heating not vented properly, wired incorrectly and poor installation. Danger to occupant. 7. Improper storage of flammable liquids. Shall meet N.F.P.A. and Uniform Fire Code requirements. 8. Improper storage of hazardous materials and also have exceeded the exempt amounts that are allowed on site. 9. No containment for hazardous materials. 10. Need hourly separations from office to shop. 11. Numerous amounts of ground contamination. 12. Exits (2 doors) blocked that currently have exit signs on them. 13. Need to meet N.F.P.A. 10 requirements for fire extinguishers. 14. Emergency contingency waste plan shall be in place and submitted to local fire department. 15. All M.S.D.S. sheets shall be submitted to fire department. 16. There are currently 14 ~ m s of corrosives on site with some 5 gallon oxidizers that may total 8-10 containers. All hazardous materials spills shall be remediated . •• CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: 01/08/0 I To: James Vaandering, 423 Ottawa, Muskegon MI 49447 Owners Name & Address None Known at this time Name & Address of other interested parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, January 8, 20...Ql does hereby order that the following stmcture(s) located at 423 Ottawa, 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. Lot 3, Block 145 The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case in 30 days 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:IINSPECTIONS\EVERETTIHBA MEETINGSIHBA ANSWERJ-f-Q1\0RDER TO DEMOLISH-423 OTTAWA.DOC .. --,. NOTICE TO 0-WNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of.the said strnctures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Robert . l; Dept Dated: ~Y\.. l?' , 2001 F:IINSPECTIONSIEVERETnHBA MEETINGSIHBA ANSWERJ1·Q11ORDER TO DEMOLISH•423 OTTAWA.DOC fllrn'i,1th,• .\~t!on f •.1- 1, ·!.t-6~0J \'\..~11-1!14 MUSKEGON ! \11 .. ,i,n f !JI 71-1-6.08 / F-\.\. "'16-5181 C<'metery I I 2Jl.71-l--6783 F.-\X,'726-5617 I / Cl\·IJ Senice ?Jl/724-6716 FAXn24--4405 November 21, 2000 West Michigan's Shoreline City Clerk 231/724-6705 FAX/724-4178 Comm. & Neigh. Jim Vaandering Services 231/724-6717 Seal More Corporation FAX/726-2501 423 Ottawa St. Engineering Muskegon Ml 49442 23 In24-6707 FAxn27-6904 Re: Dangerous Building Case# 00-70 - 423 Ottawa St., Muskegon Ml Finance 23tnl4-6713 F AX/724-6768 Dear Mr. Vaandering: Fire Dept. 231/724-6792 Due to accumulated snow and the belief of this office that your structure will not FAxn24-6985 support any snow load, you are hereby ordered, to cease all operations and Income Tax vacate the property. 23tn24--6770 F AX/124-6768 Info. Systems If you have any questions, please contact me at (231) 724-6715. 231n24-6744 FAX1722-4301 Sincerely, Leisure Service 231n24-6704 FAX/724-1196 Manager's Office 231/724-6724 FA..xnll-1214 1c&d13.ik1· Robert B. Grabinski Fire Marshal/Inspection Services Mayor's Office 23tnl4-6701 FAX/722-1214 Cc: Bryon Mazade, City Manager Pat Simpson, Fire Chief Inspection Services 2J1n2u11s FAX/726-2501 Planning/Zoning 23ln24-6702 F AX/724-6790 Police Dept. 231n24-61so FAX/722-5140 Public Works 23In24-4100 FA..'X/722-4188 Treasurer 231n2u120 F A..'<n24-6768 Water Bllllng Dept, n1n24-611s F A..X/724-6768 Water FUtratlon 231n24--4l06 F A.."<nSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 < ,____.Nov-22-00 03:30P P.02 Engineering IJ Dimensions, Inc. !I Ii.. W www. '°'' ll•v~1dw;.1y • M~1ske9nr·,, Ml ti 94 ,t 1 Tt:tl. (23'!) Jf,h-:.>./00 - I 1•K (l~J I) 1r~r,.)"'l&l i:,a,, 1,~,•, i f>CJ<J,n1n n •1i r) na, co,1, November 13, 2000 Mr. James Vaandcring Sealmorc Corporation 423 Ottawa Muskegon, Ml 49442 Dear Jim, RE: Structural study of your building I have examined your building and found that the existing roof structure is not adequate to handle a snow load. The foundations appear to be in good shape. l saw no indication of settling on any of the walls. The end walls arc both in need of partial rebuilding due to freeze-thaw cycles pushing the brick, etc out from the center of the wall. The front wall should be rebuilt from above the windows to the top. The rear wall should be rebuilt around the southwest corner. The sidewalls are currently structurally sound, hut they will soon be destroyed unless they are repaired where moisture has gotten into the wall. All holes need to be filled with structural concrete or concrete blocks and mortar and the entire surface made water tight by means of siding or stucco and paint, The roof can be corrected by one of two possible methods. The first is to tearoff all of the roofing including the roof deck and rebuilding with new 2x 12 's to create a pitch of 6" to three separate roof drains. These new 2xl2's would need lo be nailed to the existing Douglas fir 2xl2's in the back part of the plant. The frnnl part of the plant would require new 2x 12 's to replace the existing 2x8's as well as 2id2's nailed to these to create the roof pitch. The roof deck could be¾" plywood with two layers of I ½" rigid insulation and a fully adhered EPDM membrane. The membrane will need to extend up over the parapet walls, using suitable cant strips to waterproof the entire roof. There are several points on the inside of the building that require new columns, beams, and angles as well as existing columns that need to be straightened in order lo support this type of roof. Ncv-22-00 03:30P P.03 The second method would be to raise all of the parapet wall~ to a level top and install new roof trusses with a minimum of a 4/12 pitch over the 32-foot span of the roof. This could be sheeted with ½' plywood and covered with conventi()nal shingles. Insulation could be added under this roof at a later date. This method would require adequate venting of the ridge and soffits to prevent moisture from accumulating below the roof deck.. This method would need watertight siding to be installed on the gable ends. This could come down in the front to the top of the windows. If I can be of any further assistance or if you have any questions, please do nQt hesitate to call me at 23 l-7S5-2200 extension 60. Sincerely, ~~ William G. Grant, P. E. ENGINEERlNG DIMENSIONS, INC. CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE Address of the Property: 423 Ottawa, Muskegon, Michigan Description of the Structure: Lot 3, BLK 145 TO: James Vaandering [Name of Owner] 423 Ottawa, Muskegon MI 49442 [Address of Owner] NONEKNOWN [Names of Other Interested Parties] [Addresses] The Building Inspection Department of the City of Muskegon has detennined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 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 pennit for the demolition Qf structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:\lnspections\Everett\STANDARD FORMS\lnspections Department Notice and Order.doc Page 1 of 3 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 couns_el 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 423 Ottawa, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public mnsance. (Please see the attached inspection report) ECTION DEPARTMENT Fire Marshal/Inspection Dept. Position Dated: --'-1l~/-'-'1/"'0""0_ _ _ _ _ _ _ _ _ _ __ F:\lnspections\Everett\STANDARD FORMS\lnspections Department Notice and Order.doc Page 2 of 3 • \ \ •: :. : : : ~ \.,' et, ii St nice ~JI i:U.-!.716 FAX 724-4405 West \Uchlgan's Shoreline City Clerk October 19, 2000 2J lli24-6i05 FA:<n2;1-J t 78 Comm. & :'lielgh. Sen·lces 2Jl/724 67L7 • Sealmore Corporation FAX/726--2501 James Vaandering Engineering 423 Ottawa 2Jtnu.6101 FA:<n27-690-I Muskegon MI 49442 Finance 2J1n24-67t3 Ref: Tailored Building Systems Proposal FAX1724-6768 Flre Dept. Dear Mr. Vaandering: 231/724-6792 F.-\X/724-6985 I have received the listed proposal and find it deficient in several areas. Therefore, Income Tu: 231/724-6770 your proposal is denied. Following are some of the areas of concern. This is not a FA.X/724-6768 complete list but will address some of the obvious problems. Jnro. System1 23 l/724-6744 FAX/7U4301 First, using this proposal only places a "shell" over the existing structure. It does nothing to address the structural problems, identified by this office and the engineer Leisure Senlce 23 l/724-670-I you hired, with the current structure. FAX/724-1196 Manager's Office Second, there are several electrical, mechanical, plumbing, and fire code issues that 2J 1n2-1-6124 FAX/722-1214 must be addressed to allow further occupancy. Mayor's Office 2Jln24-670t Finally, if the current structure is to be removed upon construction of the proposed FAX/722-1214 building the plans do not indicate this and are incomplete. The code would require Inspection Services that architectural drawings, sealed by a Michigan licensed architect, be submitted for 2Jtn24-671S review and approval prior to construction. These must include structural, i;,lumbing, FAX/726--2501 mechanical, and electrical p !ans. · • · Planning/Zoning 231/724-6702 FA..X/724-6790 Due to the above disapproval and based on this offices observations, as well as the Police Dept. recommendations of your engineer, you are required to cease operations and vacate 231n2u1so your present location on or before November I, 2000. This action is necessitated by FA..'<1722-5140 the condition of your facilities and with the safety, health, and welfare of you and Public Works n1n24-4100 your employees in mind. FA..'<17224188 Treasurer 231n24-6720 FA..'<1724--6768 Water BIUinz Dept. 2Jtnl4-6718 FA..X/724--6768 Water Filtr:atlon 231n2+-uo6 FA.'<1755-,5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, ~II 49443-0536 If you have any questions, please contact me at 724-6715. Sincerely, .LbJe. obert B. Grabinski, Fire Marshal C i,;om Johnson, City Attorney vBryon Mazade, City Manager Pat Simpson, Fire Chief MUSKEGON AMt'S!Or 616nU.6708 FAXnU-4178 Cfmetery 616nU-678J FA:<n26-5617 Civil Servict 616/724-6716 West Mlchl!!an's Sborellne Oty FA:<nl4-40SS Clerk ( 616n24-670S FAX/7244!78 September 14, 2000 Comm. & ~tigh. Services 616/7U-6717 FAXii26-?S0 I Mr. Jim Vaandering, Plant Manger Engineering 616/724-6707 Sealmore Corporation FAX/727-6904 423 Ottawa Finance Muskegon, MI 49440 616/72-1-6713 F.-\.\17:U-6768 · Dear Jim: Fire Dept. 616/724-6792 FAX/72 ..-698$ On September 5, 2000 a fire inspection was conducted at your facility. During the Income Tax inspection several violations were noted and you were informed about those items. 616i71-l-6 770 At the conclusion of the inspection it was determined that the building structural FA:\, il-i-6768 integrity is within question. Therefore, per the Uniform Fire Code this building Info. Systems 616/72..1-6706 located at 423 Ottawa has been deemed an unsafe building. FAX/722--1301 Leisure Sen·ice U.F.C. 103.4.1.3 Unsafe heating or electrical equipment and structural 616/72-1-6704 hazards. When the chief deems any chimney, smokestack, stove, oven, FAXf724- I I 96 incinerator, furnace or other heating device, electrical fixture or any .\tanager's Office appurtenance thereto, or anything regulated under a nationally recognized 6161724-6724 F.-\X/722-1214 standard in or upon any building,structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create a hazard, the .\layor's Office 616/724-6701 chief is authorized to serve upon the owner or the person having control of FAX/722-1214 the property a written notice to repair or alter as necessary and shall notify ;'1,'eigh. & Const. any other authority enforcing codes regulating such equipment. The chief is Sen·ices 616/724-671$ authorized to affix a condemnation tag prohibiting the use thereofuJltil such FAX/726-2501 repairs or alterations are made. When affixed, such tag shall only be Planning/Zoning removed by the order of the chief when the hazard to which the order 616/724-6702 pertains has been eliminated in an approved manner. Until removed, that FAX/72-1-6790 item or device which has caused the hazard shall not be used or be permitted Police Dept to be used. 616/724-67$0 FAX/722-5140 Public Works When an apparent structural hazard is caused by the faulty installation, 616/724-4100 operation or malfunction of any of the items or devices listed in this section, FAxnlZ-4188 the chief shall immediately notify the building official to investigate such Treuurer hazard and cause such hazard to be abated as required by the Building Code. 616/724-6720 FAX/714-6768 Water Billing Dept. 616nl4-6718 FAxnl4-6768 Waler Filtration 616nu.4106 FAXfl55-!il90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Sealmore Corporation September 14, 2000 Page2 U.F.C. 103.4.5 Unsafe Buildings. Buildings oar structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are, for the purpose of Section 103.4.5, unsafe buildings. Such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. During a recent inspection conducted by the engineer that was hired by you and your company it was determined that this building does not have potential to be upgraded to meet current applicable code requirements for safe occupancy. Therefore, the date of November 1, 2000 hs been targeted for abandonment because of snow load overstressing. Also, electrical, containment, accesses, storage, MSDS, fire extinguisher and other code problems need to be addressed within 30 days, or before October 5, 2000. Major Metcalf Fire Inspector 09/13/2000 22:14 bl684233bl '............ .., . ( .15471 Qak Drive; Spring Lake, Ml 49456 phone & fax: (618)842-3361 8, l l ll\iiJ,j IZ1 l(nj• • E1 ':)lll!'('f 111:J, !1 \( Fax Frank J. Brechling Jr. P.E. - Qncl. this sheet) 3 c c, _,u,....e ;1,... II..._ • "-Cauw.•it • ,._ 11.,a, C "'-11ecvci- • Cc aolw Pleau call if an pages not recel\led. ec, (5u,1..(J1rvC. J..N~fe;.CTlb"'.S . r= I a~ LAIS' f ~ n I I,".,-.~ e -it;I Qi, jC,t'WE ~ 09/13/2000 :?:14 &158423351 t:Sk'l::.LH I 1 Nl.1 J:'.!t< 1 Lilli:. Brechting Bridb2 & Engineering, Inc. FRANK J. BRECHTING JR. P E., PRESIDENT 15471 OAK DRIVE SPRING LAKE. Ml 49456 PH & FAX: (616) 842-3361 E· MAIL :frankbrechtins@novapte.com September 13, 2000 Mr. Major Metcalf Fire Inspector City of Muskegon Fire Department 75W. Walton Muskegon, Ml 49440 Re: Sealmore Corporation Bulldlng 423 Ottawa St.; Muskegon, Ml Dear Major: Breehting Bridge & Engineering, Inc. was contracted by James Vaandering, CEO of Sealmore Corp. to perform an inspection and engineering evaluation of the structural system in this building. Frank J. Brechting Jr. P.E. and Frank J. Brachling Ill P.E. completed a thorough inspection of the primary structural aystem on Sept. 8, 2000. This building was closed to use as in "Imminent danger of collapse" by the City of Muskegon Building Inspector on Sept. 6, 2000. Our job order included: A. A thorough inspection and evaluation of the existing structural system to function for temporary occupancy. 8. Repair recommendations to bring the bu,ilding up to a level of safe occupancy, even on a temporary baeia. C. Engineered evaluation of the roof system and walls wtth engineering recommendations to upgrade. or replace as needed to bring the structure in compliance wilh appilcabte oodes. It is our findings that certain minor repairs and upgrades could be utilized to bring this structure to a level of safe use on a temporary basis. Such repairs include: 1. The re-alignment and anchoring of the W8X31 structural column In the center of the building 2. The straightening-up of the pipe column supporting the wood beam near the western ¼ of the building. 3. The addition of a span of wood beam and columns to support the ceiling joists at. approximately 28-36' from the westem wall 4. The addition of a plate diaphragm placed below the S10X25.4 steel centerline beam supporting the celling Joists in the eastern half of the manufacturing area. We envision a minimum diaphragm detail to be simply a continuous 115• strip of ¾'' plywood with (2) deck scn,ws @ 3" long screwed Into each celling joist on both sides of the centerline beam. This will tie the Joists Into the beam and bottom flange white adding security to the outside walls. 09/13/2000 il:Jq bJb~QL~~o, .... Brechtlng Bridge & Engineering, Inc. ,_ 5. The fencing off of the we,tem 25 feet of the building with MCurity fencing to keep people out of this area. No evaluation with upgrade reoomrnendallons hat been eompl-1ed for thi1 crumbling portion of the building. Due to the extremely poor workmanahip and condition of this atructure, Brechtlng Bridge & Engineering, Inc. does not consider this building to have the potential to be upgraded to meet current appHcable code requirement, for safe occupancy. Therefore, work item C, "Engineered evaluation of the roof system and walla with engineering recommendations to upgrade, or replace ea needed to bring the structure In compliance with applicable codes", was not petfotmed. Our analysis shows this building to be overstressed with any snow load and we recommend an abandonment date of Noven"ber 1, 2000. a.Very T.ruly Yours, ~A4.:~~ (?t. Frank J. ~echting Jr., P.E. Prealdent encl: cc. Jamee Vaandering • Sealmore Corp. Brian Grabinski - City of Muskegon Building Inspector City of Muskegon Fire Inspections City of Muskegon Attorney BRECHTING BRIDGE Name sE:AL.M 0 R'i? Q%f. Sheet _ _ _ _ o f - - - - & ENGINEERING, INC. Location _ _ _ _ _ _ _ _ _ _ _ Computed Date _ __ 15471 Oak Drive Job No. _ _ _ _ _ _ _ _ _ _ _ Cllecked Date _ __ Spring Lake, Ml 49456 Client, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Phone & Fax (616) 842-3361 i. '/ z iz:!J=- ... · ,j () ' :. If'. ,. .· ....~'I- -l ~ ~- )f . . ! I / ---3 $ {' r o=:::-.- \ '--'.' tJI l'5 i:,il ~ ' '-,,:> V, I. ~" t -~ n f ~i k 32:..' BRECHTING BRIDGE & ENGINEERING, INC. Name ~€A~~(!µ &:i, Sheet _ _ ,of Location _ _ _ _ _ _ Computed_·_Da-te -q,-1-k-,./4o 15471 Oak Drive Job No. Checked _ _ Date _ _ Spring Lake, Ml 49456 Client,_ _ _ _ _ _ _ _ _ _ _ _ __ Phone & Fax (616) 842-3361 L--v¼- i+ '1"'-c<l- tV'\\-5, 'leGON')t{\.__r'A,u.110() for . f-eM p ral''.( k)e. "(\owl\ 0 c:>ccv~a:.r-ot ~o~ {\~ ex,t-erJ. -to fer-,ods 6P s 90--v loaJ ©0 t¾e. "V"'bof_ N?$edti I\1 'zi'v bfY\01-'eJ\ 1 c=--~fa(l_~ t,(?f. ; - ' 61,-c-cro AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of _ _ _ day of _ _ _ _ _ _ __ in the year of Two Thousand by and between the Sealmore Corporation (hereinafter called OWNER) and Brechting Bridge & Engineering, Inc. (hereinafter called ENGINEER). OWNER intends to: 1. Have the business building at 423 Ottawa in Muskegon structurally inspected and analyzed by a Professional Structural Engineer. 2. Secure structural recommendations to meet minimum building code requirements. NOW THEREFOR Brechting Bridge & Engineering, Inc. agrees to furnish professional services. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals, this _ _ _ day of _ _ _ _ _ _ _ __, 2000 ACCEPTED: SEALMORE CORPORATION Date:._'J-1-)_8+-/_cn_ _ r' DATE: March 5, 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 667 Hill. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 667 Hill 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals. Location & Ownership: This single family home is located on Hill Avenue near Holt Street. The owner is Associates Home Equity and the Agent is Dave Lue of Century 21 Homestead in Freemon!. History: A dangerous building inspection was conducted on 9/19/00. On 10/20/00 a notice and order was sent. On 11/27/00 Dave Lue of Centry-21 Homestead called inquiring about the status of the case. He claimed he was the agent for the owners. On 11 /27 /00 a notice of hearing was sent and on 12/6/00 a letter was received from Mr. Dave Lue asking staff to recommend to the housing board of appeals to table the case to allow time for him to get a buyer for the property. On 12/7/00 the board declared the structure as dangerous but delayed forwarding to the City Commission for concurrence for 30 days. There has been nothing further from Mr. Lue to this date. State Equalized Value: $13,200.00 Estimated cost of repairs: $10,000.00 City Commission Recommendation: The Commission will consider this item at it's meeting on 3/13/01. " ,I I----- ' ' ' ) I "·" I I I HOf'T ST ) I I l I 1li'IIJIIIIITJ"TT"J IR C 1.J IJ HI., 11 . 111111 tSl ,_ _ _ , l '" _, / :t: N r- . I , r- \\ ..-·- ... - CITY OF i\lUSKEGO:'i D.-\:'iGEROUS BUILDl:'iG I:'iSPECTIO:'i REPORT 667 HILL 9/19/00 Inspection noted: L Missing siding, deteriorating window frames, broken out windows. 2. Roof covering on home faili11g. · 3. Fascia rotting. 4. Interior wall damage, holes through exterior walls, animals going in home. 5. Shed rotted, deteriorating. 6. Doors knocked off rooms. 7. Home- shed canopy rotted, not to code. 8. Interior inspection by electrical, plumbing, and mechanical required before any pem1its or certificates of occupancy will be issued. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED IHAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ' HENRY FALTINOWSKI, BUILDING INSPECTOR CONCURRED IN. ) DING OFFICIAL F:\lnspections' herett' 66 7 HILL IDB 1:-;SPECTIOJ\: REPORT.doc CITY OF MUSKEGON 1t"',1 1 NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE Opt Address of the Property: 667 HILL A VE. Muskegon, Michigan Description of the Structure: _,L"-'O"'-T"----"6'-'B""L=K'--"--"9'-'0'------------------- TO: ASSOCIATES HOME EQUITY [Name of Owner] PO BOX 200418 DALLAS TX 75320 - 0418 [Address of Owner] ORLANS ASSOC. P.C. DAWN ALLI 3001 W. Big Beaver, Suite 600, Troy MI 48084 CENTRY 21-KAREN PATITUCCI 2440 Glade St. Muskegon MI 49444 [Names of Other Interested Parties] [Addresses] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitllte 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 tne attached schedule. F:IINSPECTIONSIEVERETDNEW HBA FORMSIC-REP-VA.NQ7l:QOC 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 667 HILL , Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public musance. · PLEASE SEE THE ATTACHED INSPECTION REPORT CTION DEPARTMENT R bert B. Grabinski, Fire Marshal/Inspection Dept. Position Dated: _ _ _ _ _1..,,0CI.,/2""0"-'/0,.,0,__ _ _ _ _ _ __ (Detailed records of inspections are attached for further information.) F:\INSPECTIONS\EVERETTINEW HBA FORMS\C-REP-VA.N91!QOC CITY OF MUSKEGO:\ -..,. (',,., &~ . CITY OF l\,~USKEGON HOUSING (BUILDING) BOARD OF APPEALS'''~,tbt NOTICE OF HEARING Address of the Property: 667 HILL A VE. Muskegon, Michigan Description of the Structure: Lot 6 Blk 90 TO: Associates Home Equity 45 l 7th St. SW Washington DC 20024 [Name of Owner] [Address of Owner] Associates Home Equity. PO Box 200418, Dallas Tx 75320-0418 Orlans Associates Pc Attn: Dawn Alli 3001 W Big Beaver, Ste 600, Troy MI 48084 Centry 21 Attn: Karen Patitucci 2440 Glade ST .• Muskegon MI 49444 [Names of Other Interested Parties] [Addresses] Please take notice that on Thursday, December 7, 2000, the City of Muskegon Housing Board of Appeals will hold a hearing at The City of Muskegon City Hall, 933 Terrace St., in the Commission Chambers {room 103), on the first floor 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 October 20, 20..QQ. At the hearing on Thursday. December 7, 20 00, at 5:30 p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY OF MUSKEGON INSPECTION DEPARTMENT, ON BEHALF OF THE HOUSING BOARD OF APPEALS By (~~~ Cathy Effltt,ecretary F:\INSPECTIONS\EVERETTl485 E APPLE AVE\NOTICE OF HBA HEARING.DOC &3) - 9rJ1/- S'ti~ FAX COVER SHEET City of Muskegon 933 Terrace Street PO Box 536 Muskegon Ml 49443-0536 Phone: (231)7;;14-loilS Fax: (231) 728-4371 To: From: ()qt&J,t_s ?1 ef6l::b, Tn~c~i o Ds yep\ ~cf~ Date: 1 \ Lr7 •J6':> Total number of pages sent, including cover sheet: Please phone to verify receiving document: Please review and phone/fax comments, etc.: For your information only: Instructions: 4 ~ Pf1 l&l© k. ~ i 1, ):et[)) .L\ oo:\:- .k, 1lo 6t 0::1\2 6ti '":!:- QI¼ 1IY}lo rn,DL, d ~a ,l s4<u:. ~ kA'4d 1m /:)-U.A hl&? ~a, ck ,,f1 vro '-C1.a0sNaslt02, ~ a-n bJ!o7 /.JzJ.,L ,. lnCl,¼Jen v gJ 12/06/00 14:10 FAX 2319245816 CE.NTlll-0'. iU uuru:.::, i· ,. t ()n~21. Homestead Real Estate, Inc. 36West Main Fremont, Michigan 49412 Business (231) 924-5880 ,. Fax (231) 924•5816 Toi Free 1-800-583-1463 E-Mail itkamema@ncals.net • December 6, 2000 Mr. Robert Grabinski Housing Board of Appeals City ofMuskegoo Fire Marshall 933 Terrace, PO Box 536 Muskegoo MI 49443-0536 Re: 667 Hill St., Muskegoo/ Dangerous Building Inspection Report Mr. Grabinski; A few weeks back I was asked by Associates to assist them with the sale of the property located at the above address. I have also been conversing with your office and the building inspection people regarding the cooditions noted at the property. '•· I have found a few prospects fur the property, that have shown interest in it, however no one bas made a decision to purchase at this time. I feel confident that a sale will be made in the n~ future and that purchaser will be applying for the necessary permits and correcting the deficiencies on that property, My request if for the Housing Board of APpeals to grant an extension so that we can accomplish these goals. I apologize for not being able to respond to your postings earlier, however they went to a Real Estate Office in MuskegolL I only learned about this last month. 1;)-7-<So I have a conflict that will not allow me to attend ~ t i n g . If you have any questions regarding my request, please feel free to contact me at the number listed abQve. . I thank you and-the Board for their consideration in this matter . f --~ly, Lili-----1---~:-,-.. cc: Associates Each Office Is lndepsnd&ntly Owned And Operated Ot~2l Homestead Real Estate, Inc. 36 West Main Fremont, Michigan 49412 Business (231) 924-5880 Fax (231) 924-5816 Toll Free 1·800-583-1463 E-Mail akarnema@ncats.net December 6, 2000 Mr. Robert Grabinski Housing Board of Appeals City of Muskegon Fire Marshall 933 Terrace, PO Box 536 Muskegon MI 49443-0536 Re: 667 Hill St., Muskegon/ Dangerous Building Inspection Report Mr. Grabinski: A few weeks back I was asked by Associates to assist them with the sale of the property located at the above address. I have also been conversing with your office and the building inspection people regarding the conditions noted at the property. I have found a few prospects for the property, that have shown interest in it, however no one has made a decision to purchase at this time. I feel confident that a sale will be made in the near future and that purchaser will be applying for the necessary permits and correcting the deficiencies on that property. My request if for the Housing Board of Appeals to grant an extension so that we can accomplish these goals. I apologize for not being able to respond to your postings earlier, however they went to a Real Estate Office in Muskegon. I only learned about this last month. I have a conflict that will not allow me to attend the 7-7-2000 meeting. If you have any questions regarding my request, please feel free to contact me at the number listed above. I thank you and. the Board for their consideration in this matter. Sine ely, Dave Lue, Associate Broker cc: Associates Each Office Is Independently Owned And Operated CITY OF MUSKEGOl\ CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: I 2/ I 3/00 To: Associates Home Eguity, 451 Seventh Street SW, Washington DC 20024 Owners Name & Address Orlans Associates PC Attn: Dawn Alli, 3001 W Big Beaver. Ste 600. Troy MI 48084 Centry 21 Homestead. Attn:. Dave Lue. 36 W Main Street, Freemon! MI 49412 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, December 7, 20_QQ, does hereby order that the following structure(s) located at 667 Hill, Muskegon, Michigan, shall be demolished for the reason that the said stmcture or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. Lot 6, Block 90 The owners or persons interested shall apply for the required permits to demolish the stmcture(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\HBA MEETINGSIORDER TO DE~~LJSH.DOC I NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will beco·me 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. OR T ~ 7 ? ~ ~ L S : Robe t B. Grabinski, Fire Marshal/Inspections Dept Dated: December 13, 2000 F:IINSPECTIONSIEVERETnHBA MEETINGSIORDER TO DE~il.JSH.DOC File# 412311 TRANSNATION TITLE INSURANCE COMP ANY TAX REPORT Affecting land in Muskegon County, Michigan Described as follows: Lot 6, Block 90, Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, page 71, Muskegon County Records. Pennanent Property No.: 61-24-205-090-0006-00 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 infonnation 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 also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village ~d Township Treasurers, and from Treasurer of Cities other that the City of Muskegon, Inheritance or Estate Taxes and FedCral Tax Liens, if any, are not included in this report. CITY OR VILLAGE TAXES No 2000 City Tax STATE OR COUNTY TAXES 1996 Winter tax due in the amount of $693.55 if paid by 10-31-00 1997 Winter tax due in the amount of $721.SOif paid by 10-31-00 1998 Winter tax due in the amount of$609.62 if paid by 10-31-00 1999 Winter tax due in the amount of $769.23 if paid by 10-31-00 (Said amount includes specials & water/sewer of $255. 73) State Equalized Value $13,200.00 Taxable Value $11,802.00 NOTE: Homestead filed NOTE: Invoices, Infractions, Special Assessments and Water bills have not been checked. Contact the City Treasurer for this information. BY {J{hf _mi~ Diane M. Kroll DATE: September 15, 2000 at 8:00AM MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION DATE: March 5, 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 1659 Dyson. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1659 Dyson 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals. Location & Ownership: This single-family residence is located on Dyson St. near Dale Ave. The owner is Karen Rios and Tonya Betts of 2164 Austin St. in Muskegon. History: A dangerous building inspection was conducted on 5/10/00. A notice and order to repair or remove a structure was sent on 5/10/00. A notice of hearing for the Housing Board of Appeals was sent on 8/17/00. The Boards decision was sent on 8/24/00. The condition of the home has not changed since the date of the dangerous building inspection report and there has been no contact from the owner. State Equalized Value: $10,900.00 Estimated cost of repairs: $9,000.00 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on 3/13/01. " " " - I I I ~~ • ~ "' ' 1.:, IDI " 1ri1 ., /lo 5'1 --~--- ,:1irm~t\H \.:1kln : ll .. :~•oJ F\\. .. 1~•1?1~ , ,1a<•1wr !JI 7!-k\ .. 08 F \X. "1'2<>-S181 Cemetery !Jl,7!'-'7U FAX/'7?6--5617 Ch-11 Sen1ce n1nu.(i1t6 F..\.X/714-MOS West Mlcblf!lln's Shoreline Qty Clerk 13 ln?U70S f A.X/714-U 78 DANGEROUS BUILDING INSPECTION REPORT Comm. & Sel&h, Services n1n1u111 FAxnl6--l50l 1659 DYSON 5/10/00 Enalneer1n& lllnl-1-6707 FA.Xf717.(i904 Finance Inspection Noted: 231nl4-6713 FA.X172'-'768 fire Dept. l3tn?U792 1. Complaint, no gas for heat, occupied with children FA.'<112'-'98S 2. Electrical not to code, numerous extension cords to supply electric Income Tax portable heaters. 231171-4-6710 3. Animal waste throughout home. F..\.1<nl4-6768 4. Human waste on basement floor - sewer back up - leaking plumbing. Info. Systems lJtnl-1-6744 5. Furnace not operable needs certificate of safety. FA..'(/ill-4301 6. Broken ceiling tile basement. Leisure Service 7. Foundation wall repair needed. 231,12-4-6704 8. Front entry steps need to be brought up to code. FAX17U-lt96 9. Roof covering repair needed. .\tanager's Office 10 . Fascia repair needed on roof. 2)1,'724-6724 F.-\X.'722-121-t ~1a~w•s Office BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I 2Jt:7U-6701 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A F..\.X/722-121-1 DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE lnspec1lon Services MUSKEGON CITY GODE. lJtnl-4-6715 FAX/716--2501 Plannln&JZonln& 2)11724-6701 Faltinowski, Building Inspector FAxnl-4-6790 Police Dept, 231n2+61so FA.X/721-5140 Public Works 2Jtnl4-t100 FA."<nll-'188 Treasurer lltnH-6710 F..\.Xf7l+ii768 Waler BllUnc Dept. lllnl-1-6718 FA.X/72'-'768 Water FlUratlon l31.'7U-tl06 fA.X.iS~5190 City or '.\luskegon. 933 Terrace Street. P.O. Bo, 536. '.\luskegoo, '.\II 49-IH-0536 I CITY Or MUSKEGON INSPECTION REPORT March 15, 2000 AT 9:45 p.m. FOR DYSON 1659 PAGE 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 inclu9e 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 BASEMENT Sewer is backed up and needs to be cleaned out. 5 A BASEMENT Sewer has backed up and the sewage spill was not cleaned up-scrub area with bleach water and rinse. 6 A BASEMENT Step is broken or rotted. 7 A BASEMENT Furnace needs an inspection by a mechanical contractor and must be certified safe. 8 A BASEMENT Fuse box does not have type "S" fuses - must be installed according to wire size. 9 B BASEMENT Fuse has doubled up circuits. 10 A BASEMENT Sub panel is.not grounded. 11 A BASEMENT . Fuse or circuit panel has circuit with too large of fuse fc the size of wire. 12 A BASEMENT Fuse panel cover is not installed. 13 B BASEMENT Fused blow constantly. 14 B BASEMENT Doesn't have a smoke detector as required by code. 15 B BASEMENT Furnace is not wired on its own separate circuit with a disconnect near the furnace. 16 B BASEMENT Laundry does not have its own circuit. Must have 20 amp outlet on its own circuit. 17 BASEMENT - FURNACE Furnace is inoperative 18 B BASEMENT - LAUNDRY AREA Outlet is broken, loose or not working. 19 B BASEMENT - WATER HEATER Hot water shucoff is leaking. ~, Q :C::,Tl-"R.OO''. ~I I CITY OF MUSKEGON INSPECTION REPORT March 15, 2000 AT 9 :45 p.m. - FOR DYSON 1659 PAGE No Cat Violation === === ----------------------------------------------------------=-=---- Light fixture is broken or loose. 21 B BATHROOM Floor covering has holes, rips or is missing or is not sealed on edges. 22 B BATHROOM Light fixture globe is broken or missing. .23 B BATHROOM Ceiling has peeling paint. 24 B BATHROOM Metal strip used to cover a seam on the floor is missing or not secured. 25 B BATHROOM Vent fan is defective. 26 B BATHROOM - BY TUB Wall or walls has a hole or holes or large cracks in it. 27 C CEILING Ceiling needs repair and finishing. 28 B DINING ROOM Ceiling tile are missing or falling down. 29 B DINING ROOM Outlet is broken, loose or not working. 30 B EXTERIOR Has peeling paint and is not protected from weather by properly applied'water-resistant paint or waterproof finish. 31 B EXTERIOR Windpw has glazing that is missing or deteriorated. 32 B EXTERIOR Light fixture globe is broken or missing. 33 B EXTERIOR Chimney has loose or missing brick or mortar. 34 B EXTERIOR Operable window(s) do not have a screen - must cover the complete bottom sash. 35 B EXTERIOR Roof has some shingles or parts of shingles missing. 36 B EXTERIOR Upper front window is undersized and does not fit. 37 EXTERIOR Window screens must be framed or wood stripped. 38 EXTERIOR Rear facia eaves are rotted or missing. 39 EXTERIOR The north side is full of trash and debris. 40 B FRONT BEDROOM Roo~ is not supplied with 2 sources of power. Must have 2 du;:ilex wall outlets or outlet and one overhead light. 41 B FRONT BEDROOM - CLOSET Door hardware is broken, missing or incomplete. 42 B GARAGE Has wires that are not stapled up. 43 B GARAGE CITY·OF MUSKEGON INSPECTION REPORT March 15, 2000 AT 9:45 p.m. FOR DYSON 1659 PAGE No Cat Violation === === =============================================================·== • Roof leaks . 44 B GARAGE Siding has holes in it or is rotted or missing. 45 B GARAGE The garage is full of belongings and too difficult to inspect. 46 B KITCHEN Cabinets are not in good repair. 47 B KITCHEN Window lock(s) is/are missing or inoperative. 48 B KITCHEN Light fixture globe is broken or missing. 49 B KITCHEN Door hardware is broken, missing or incomplete. 50 B KITCHEN Outlet is broken, loose or not working. 51 B KITCHEN Hot water runs·constantly. 52 B KITCHEN Does·not have a duplex receptacle on its own 20'amp circuit. If within 6' of sink or tub must have GFIC. 53 B KITCHEN - SINK FAUCET Faucet is broken or incomplete. 54 A LIVING ROOM Window sash is broken, rotted or missing. 55 B LIVING ROOM Ceiling has peeling paint. 56 A LIVING ROOM Smoke detector is missing or inoperative near the bedrooms. 57 B LIVING ROOM Door does not fit tight-install weatherseal. 58 A LIVING ROOM Door glass cracked or broken. 59 NOTE: Tenant does not have a key to the house. 60 B REAR BEDROOM Door is loose or coming off of its hinges. 61 A U~STAIRS - BEDROOM Has a~ extensio~ cord that is creating a hazard. 62 A UPSTAIRS - BEDROOM Window has broken or cracked glass. 63 A UPSTAIRS - BEDROOM Smoke detector is missing or inoperative near the bedrooms. 64 B UPSTAIRS - BEDROOM Room is not supplied with 2 sources of power. Must have 2 duplex wall outlets or outlet and one overhea.d light. 65 B UPSTAIRS - BEDROOM Wall and ceiling are not finished. 66 B UPSTAIRS - BEDROOM Window check stop or window stop is missing. 67 A UPSTAIRS - HALLWAY ··"' CITY OF MUSKEGON INSPECTION REPORT March 15, 2000 AT 9:45 p.m. FOR DYSON 1659 PAGE No Cat Violation === === ========================================================-====--= Handrail is missing. 68 A UPSTAIRS - HALLWAY Window has broken or cracked glass. 69 A UPSTAIRS - HALLWAY Smoke detector is missing or inoperative near the bedrooms. 70 B UPSTAIRS - HALLWAY Floor vent is loose. END OF LIST ,mrm~:j\~ \~fi[)n ~JI "'!4-6"'t)l F\.\.:1>!1\4 \h~swr 1JI ":'14-6"'08 F.\X. '16-5181 Cemetery 2J I, 724-6 783 FAX, 726-5617 Civil Senice 231,724-6716 FAX/124-l-'0S West Mkblgan's Shorellne Oty Clerk 23In24-670S F AX/724-1} 78 NOTICE AND ORDER Comm. & :'.elgh. Services 231/724--6717 FAX1726-2501 May 10, 2000 Engineering 231n24-6101 FAXfl27-M04 Karen Riosrronya Betts Finance 1659 Dyson 231/724-6713 FAX/724--6768 Muskegon Ml 49442 Fire Dept. 231/724-6792 Marty Crowell FA.VJ724-698S 11513 Apple Drive Income Tai Nunica Ml 49448 231/724-6770 FAX/724--6768 Dear Property Owner: Info. Systems 231/724-6744 FAX1722-4301 Subject: 1659 Dyson Leisure Service E 55 FT LOT 17 BLK 102 231/7?-1-6704 FAX/7?4--1196 The City of Muskegon Building Official has recently inspected the subject property and ~::;;;;:;~m« has found the buildings to be dangerous as defined under Section 4-23 of the FAxm2-12u Muskegon City Code. ~layor's Office 2J l/724-6701 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the FA.X/72?-1214 structures within thirty (30) days. Inspection Senlces ?3!/7?-1-6715 FAX112&-2So1 If you elect to repair the structures, you must secure all required permits and physically Pl 1rnn Ing/z on Ing commence the work within thirty (30) days from the date of this order. 23117?4-6702 FAX171-4-6790 Should you have any questions concerning this matter, please do not hesitate to contact· Polke Dept. our Building Official, Jerry McIntyre at (231) 724-6715. 2JI/724-67S0 FAX/7?2-5140 Public Worh 231/7?4-tl00 ~c7r~/2~~. FAX/7?2-4188 R~rabinski Treasurer Fire Marshal/Inspection Services 231/724-6720 FAX/724-6768 Water Billing Dept, 231/724-6718 FAX/7?4-6768 Water FIitration 2J 1/724-1106 FAX,'7SS-5?90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49,143-0536 \ffirma1i\e ..\crion (,\6,7~-l-~703 F.\X.·7?+-6790 \ssessor MUSKEGON 6 l 6i72+-6708 F.-\:Vi:?4-6768 Cemetery 6t6nl+-678J FAX/722-4188 Civil SeI"Vice 6t6n24--67t6 FAXn24-6790 West Michigan's Shoreline Qty Clerk 6I6n24-6705 F Axn24-~768 CITY OF MUSK.EGON Comm, & Neigh. SeI"Vices NOTICE OF HEARING ON 6t6n24-6717 F AX.n24-6790 DANGEROUS AND UNSAFE CONDITIONS Engineering 6I6n24-6707 FAX/724-6790 Finance August 4, 2000 6I6n24-6713 F AX.n24-6768 Karen Rios/Tonya Betts Marty Crowell Fire Dept. 1659 Dyson 11513 Apple Drive 616/724-6792 F Axn24-6985 Muskegon MI 49442 Nunica MI 49448 Income Tax 616/724-6770 Dear Property Owner: FAX1724-6768 Info. Systems SUBJECT: Dangerous Building Case#: 00-40- 1659 Dyson, Muskegon MI 6t6n24-6975 F AX/724-6768 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City Leisure Service 6t6n24-6704 of Muskegon will be held on Thursday. August 17. 2000 at 5:30 P.M. in the Muskegon F AXfl24-6790 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of Manager's Office determining whether the structure should be demolished or otherwise made safe. 616/724-6724 FAxn24-6790 Officials from the Inspection Services Department have inspected the structure and it is Mayor's Office 6l6n24-6701 alleged that it has defects as listed on the attached page(s). FAxn24-6790 Neigh. & Const. The defects are violations of Section 4-23 of the Muskegon City Code, which defines SeI"Vices dangerous buildings. 616/724-6715 FAX/724-6790 At the hearing, the Inspection Services Department will present testimony regarding the Planning/Zoning 616n24-6702 alleged defects. You are advised that you or your representative may cross examine the FAX/724--6790 City's witnesses and you may present testimony in your own behalf and call witnesses in Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if 616/724-6750 FAX/722-5140 someone is available to answer any questions the Board may have. Public Works 616n24-4100 Inspection Services FAX/121-4188 City of Muskegon Treasurer 616n24-6720 F AX/724-6768 Water Dept. 616n24-6718 F AX/724-6768 Water Fillration 6t6n24-4I06 FAxnSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 ,\ffirm.l.(he .-\;:tfon 1.l! 714-6'.'0J F \\., 1?!-1214 MUSKEGON \Hcssor 2JL,724-6708 F.\X. i26-5181 Cemeltt)" 2.J l/724-6783 F .-\.'<n26-56 I 7 Ch·IJ Service 231/724-6716 F AX/714-4405 West Michigan's Sborellne City Clerk n1n24-61os MUSKEGON HOUSING BOARD OF APPEALS FAxnl4-4178 Comm. & Neigh. DATE: August 24, 2000 Senkes CASE: #00-40 - 1659 Dyson, Muskegon MI 131/714--6717 FAX/726-1501 Engineering Karen Rios 23ln24-6707 2164 Austin F AX/717-6904 Muskegon MI 49442 Finance 231/724-6713 F AX/724-6768 FINDING OF FACTS AND ORDER Fire Dept. 231/724-6792 The following action was taken at a session of the Muskegon Housing Board of Appeals F AX/724-6985 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on, August 17, 2000 Income Tu The Inspections Services Department of the City of Muskegon, having inspected the 231/724-6770 FAX/724-6768 building structure located upon the property described as E 55 Ft, Lot 17 Blk 102, also know as, 1659 Dyson, found the conditions listed on the attached pages exist and that these Info. Systems 231/724-6744 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances. F AX/722430 I Leisure Service The Board further found that these conditions exist to the extent of endangering life, safety 231/724-6704 FAX/724-1196 and the general welfare of the endangering life, safety and the general welfare of the public. Manager's Office 231/724.(;724 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. Mayor's Office 131/724-6701 FAX.1722-1214 It is, further ordered that if the owners or other interested parties fail to repair of remove said structure, or appeal this order within 20 days of the receipt of this order, the Building Inspection Services 231/724-6715 Official shall take bids and n,move said structure. However, there will be a 90 day delay in FAX1726-2501 forwarding this case to the City Commission for concurrence of demolition. If repairs Planning/Zoning are not complete, this case will be heard at the City Commission meeting iii November, 231/724-6702 2000. F AX/724-6790 Police Dept. 231/724-6750 FAX1722-5140 Public Works 231/724-4100 FAX/7224188 Treasurer 231/724-6720 F AX/724-6768 Water Bllllng Dept. 2Jtnl4-6718 F AX/724-6768 Water Filtration 2.JJ/724-4106 F AX/75S-Sl90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 If you wish to appeal this order you must do so within twenty days. You may obtain the appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street. BOARD OF APPEALS File Number - 410880 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan described as follows: The East 55 feet of Lot 17, Block 102, of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records. Permanent Property No. 61-24-205-102-0017-00 An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or Special Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below. This report includes information obtained from the records in the office of the Treasurers of Muskegon County and of the City of Muskegon after said information has been received by the Treasurer in the form of an assessment rot r. This report also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village and Township Treasurers, and from Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if any, are not included in this report. CITY OR VILLAGE TAXES No 1999 Summer taxes. STATE AND COUNTY TAXES 1999 County taxes are due in the amount of $757.21 if paid by May 31, 2000. TAX SALES State Equalized Value $10,900.00. Taxable Value $10,014.00. NOTE: No Homestead filed. NOTE: Special assessments, invoices, and infractions were not checked. Date - May 17, 2000 By iVWA~ fl!lrrn{f' D1 ane M. Kro I I DMK/jao MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION Form No. M867 .6 (Previous No. T814) DATE: March 5, 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 485 E Apple Ave. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 485 E Apple Ave 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals Location & Ownership: This single family home is located on E Apple Avenue between Williams and Chestnut. The United States HUD owns this property. History: A dangerous building inspection was conducted on 9/22/00. A notice and order to repair or remove the structure(s) was sent on 10/31/00. The owner did not respond to the notice and order therefore, the case was heard before the Housing Board of Appeals on 12/7/00 and was declared unsafe. State Equalized Value: $7,900.00 Estimated cost of repairs: $10,000.00 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on 3/13/01. 8 ~ 0 I i ~ ~ 0 1029 039 015 0 '"" --- n n ... ... 9,, q7R A; . fl, . 0 - " .' 0 J - ~ ; t t " ,. !!: 0 ~ .. !/l . i1l ~ 1081 1073 ,nu n. n 0 •ni• .... ,. 0 n•o n?• .. ~ . • u ..a ~ 8 ~ I ~ 8 u, ·• ~ ~ 0 - "' .; ~ '-- ~ 0 '" 'J u, ti ~ \07S 1043 10'.:'5 ~ 83 'ti 979 gr,5 0 072 ~ "'. ' )> 8 m \!J Z r ,, )> .. < ~ f;; u, s: R.4 101A .,-,' ---· ---.---- I CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 485 E APPLE AVENUE 9/22/00 Inspection Noted: 1. Foundation wall has open gaps in brick loose brick. 2. Cracked, peeling siding. 3. Wall ceiling damage ion interior of home. 4. Damaged flooring. 5. Plumbing violations, hot water heater connections. 6. Porch roof deteriorating. 7. Debris thrown in yard. 8. Broken out windows. 9. Interior inspections required by building, electrical, plumbing and mechanical inspectors before any permits or certificates 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. CONCURRED IN: CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: I 0/31/00 Address ofth~Property: 485 E Apple Ave., Muskegon, Michigan ' Description of the Structure: W ½ Lot 5 Bile 66 TO: UNITED STATES OF AMERICA HUD [Name of Owner] 451 7 th St. SW, Washington DC 20024 (Address of Owner] Community Mortgage Services Inc. [Name of Other Interested Party] 24275 Northwestern Highway Suite 201, Southfield Ml 48075-2598 [Address of Other Interested Party] The Building lnspecti~n Department of the City of Muskegon has detennined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): I. X Obtain the issuance of all pennits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the 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 strnctures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:IINSPECTIONSIEVERETn485 E APPLE AVE\INSPECTIONS DEPARTMENT NOTICE AND ORDER.DOC Page 1 of 3 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 oppo11unity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the ·structure at 485 E APPLE A VE. , Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. (PLEASE SEE ATTACHED INSPECTION REPORT) CITY OF MUSKEGON :!TION DEPARTMENT Byl!x±B- Rbert llwJ ~ · B. Grabinski , Fire Marshal/Inspection Dept. Position Dated: __1'"""0""'/3"-'1"-/0=0'------------ F:\INSPECTIONS\EVERETT\485 E APPLE AVE\INSPECTIONS DEPARTMENT NOTICE AND ORDER.DOC Page 2 of 3 CITY OF MUSKEGO'.\ CITY OF MUSKEGO'.\ HOUSlr-iG (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Address of the Property: 485 E. APPLE AVE. Muskegon, Michigan Description of the Structure: W ½ Lot 5 Blk 66 TO: United States of America Hud [Name of Owner] 451 7th St. SW Washington DC 20024 [ Address of Owner] Community Mortgage Services Inc. 24275 Northwestern Highway Suite 201, Southfield MI 48075-2598 [Names of Other Interested Parties] [Addresses] Please take notice that on Thursday. December 7, 2000, the City of Muskegon Housing Board of Appeals will hold a h~aring at The City of Muskegon City Hall, 933 Ten-ace St .• in the Commission Chambers {room 103). on the first floor at 5:30 P.M., and at the said hearing consider whether or not the following stmcture should be detennined 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 October 31, 20 00. At the hearing on Thursday, December 7. 20 00. 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 BEHALF OF THE HOUSING BOARD OF APPEALS By &fo/~FM Cathy Everett, Secretary F:\INSPECTIONS\EVEREffi485 E APPLE AVE\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: l 2/15/00 To: United States Hud, 45 l 7th St. SW Washington DC Owners Name & Address Community Mortgage Services Inc., 24275 Northwestern Highway, Suite 201, Shouthfield MI 48075 - 2598 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, December 7, 20_QQ, does hereby order that the following stmcture(s) located at 485 E Apple Ave, 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. W ½ Lot 5 Blk 66 The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final detem1ination to concur and demolish, ifit is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concun-ence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:IINSPECTIONSIEVERETT\HBA MEETINGSIORDER TO DE!01JLJSH.DOC File# 412581 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan Describ_ed as follows: The West½ of Lot 5, Block 66, Revised Plat (Off 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 I-24-205-066-0005-00 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 form 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 paid in the amount of$449.96 State Equalized Value $7,900.00 Taxable Value $6,741.00 NOTE: No Homestead filed NOTE: Invoices, Infractions, Special Assessments and Water bills have not been checked. Contact the City Treasurer for this information. DATE: September 20, 2000 at 8:00AM MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION DATE: March 5, 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 1885 Continental. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1885 Continental 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 the demolition will be paid with CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals. Location & Ownership: This single family home is located on Continental Street near Holbrook Avenue. The owner is Allen Ecklund. History: On 8/22/00, a letter was sent to the owner regarding the electrical service being an imminent danger. On 8/31/00 a dangerous building inspection was conducted. On 9/5/00 a notice and order was sent. There had been no contact from the owner and no change in the condition of the home so the case was heard by the HBA on 11/2/00. The board found the structure(s) to be substandard, unsafe and a public nuisance but delayed forwarding the case to the City Commission for 30 days. State Equalized Value: $13,100.00 Estimated cost of repairs: $20,000.00 CITY COMMISSION RECOMMENDATION: The Commission will consider this item at it's meeting on 3/13/01. . · 1 iii i i~ I I ITI~ CJJ 1111111111 -I] Ii i i O I n. I l'I \ •11 <.., - I~ I U 1 1 I \ ! I JM I HJ\ (1 I 1' I l l/h I I \ I 1·· I 1 · ·T[T II~ ITI . i"I 11 ··- H-! 1· 1 ·· 1 11 · 11 · 1· I lllll llll I I IIIII IIIII I llll \\({ Hr 1 1t I',-~ ,r "·, II •~P , ,. I j I · I ELWOOD ST H ' ,,..,, 1 -., I ~ I tlt>.1 I, J 11,J \11 1 nn1 Ii- 1131 ll I I' I I- 111 ITT IIl IT [Tl 1-- 1 1 ·· 1· \.. 1· 1· 11 111 111 1111 111 I 11111 111 111111111- T • if.61 1'>! 1, f I t I t• •t• 1 ·/ , •\J· I ' I .I I J 11.:::!t t7 \11, \I \; 1] ,, 1 · 1 1 1--- 1 1· 1 · SUPERIOR ST. _ 11 u· 1 1 1 _ _ 11_ I. IJ.I. I_I I_ I__ _ . _. . _ . - I I_ 11.. __I_ 1..1 -I-I II ITI] RAY ST - !'I' IT 1·IUI I_ 11 1- 11 _ I. 11 .. .. .. _ .. 11 "' 111 11 1, / - "' H . I - I - 11 11 1 I nrrrn I 1· 1· 1· t- ' ----i =-.....------, 1111 111111· I 1~ 11 .J _IJ I• 111 .I :.- \' I 1· I 111 r· I I cor~rrT r I I '!J I' I Il ' 11 11 I ,, , I.I I I. 11 AUS,TIN ST I i---------1~ - t-----i 1· I I ,- I . 1·1·1 I 11 11 I 1 ( ( __.) _$ C <\) 2 0 • ..J --,., 0 z ~ ---- -\)a-- 0 .._ 0 (__) -- \:llrnUl\\~ .-\.:1!011 ;.11 "'1,4----6"'l)J F \\ "'!~-1!14 .-\s'i~ssor !3\.-7!4--0708 F.-\.X,·7;?6-5181 Cemetery 23lnU--6783 FAXf726-S6l7 Ch·U Sen-ice 231/724-6716 F AXn24-W05 West MlchJ&an's SboreUne (lty Clerk 23 ln24-6705 F AX/724-4178 Comm. & Neigh, August 22, 2000 Services 231/724-6717 FAX/726-2501 Alan Ecklund Engineering 231n24-6101 1885 Continental St. F AX/727--6904 Muskegon, MI 49442 Finance 231/724-6713 FAX1724-6768 Re: 1885 Continental St Fire Dept 231/724-6792 F AX/724-6985 Income Tax 231/724-6770 F Axn24-6768 As the result of an inspection at the above referenced property, it was determined that the electrical service was and is an imminent danger to life and property. Because of Inro. Systems 231/724-6744 hazards found during this inspection, electrical utilities will terminated on August 28, FAX1722-4301 2000 if repairs are not made pursuant to City ord,inaQ.ce Section 4-92.1 being Article 90- Leisure Service 11 of the Electrical code. ' 231/724-6704 FAX/714-1196 A licensed electrical contractor must make all repairs of safety and code violations, and Manager's Office 231/724-6724 an inspection must be scheduled before electrical utilities can be restored. FAX/722-1214 Mayor's Office The above mentioned violation is a safety issue and in no way should be construed as 231/724-6701 FAX/722-1214 including any other code violations at the above mentioned property. Inspection Services 231/724-6715 Should you have any questions, please feel free to call me at (616) 724-6758. FAX/726-2501 Planning/Zoning Donald LaBrenz II 231/724-6702 F AX/724-6790 Police Dept, 231/724-6750 ,~~CityofM~k<,goo FA.X/722-5140 Public Works 231/724-4100 FAX1722-4188 -·- .•-. Treasurer 231/724-6720 ·-~c:-\· File FAXn24-6768 Fire Department Water Bllling Dept. Consumers Energy 2Jtn24-6718 F Axn24-6768 Water Filtration 2311724-4106 F AXnSS-.5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, !\II 49443-0536 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1885 CONTINENTAL 8/31/00 Inspection noted: 1. Structural foudation wall problems. Wall failing with large cracks in wall. 2. Rotted, missing basement window sills and frames. 3. Ceiling damaged on interior of home peeling paint, water infiltration. 4. Roof on home in need of repair shingles need to check for sheathing rafter damage. 5. Chimney in need of repair. 6. Back porch has been removed, leaving a 3 foot drop out of the back door. 7. Cars, refrigerators filling up back yard. 8. Garage - Roof deteriorating. 9. Stove venting not to code. 10. Electrical Hazzards in garage - very dangerous. 11. Garage being used as repair garage. 12. Home and Garage has serious electrical hazzards. Home & garage electrical must --------- .. - -· ··~--~·---c.be-brought upto·-code. - -------··- · -- 13. Plumbing hazzards must be brought up to code. 14. Mechanical systems must be certified safe. 15. Front porch needs structural repair to code. Steps, guardrail, handrail support. 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. l . ALTINOWSKI, BUILDING INSPECTOR D CONCURRED IN: ?-J/-{}-v DATE F:llnspections\Everett\Cathy\STANDARD FORMSIDB INSPECTION REPORT FORM.doc "\ \ ~::.1~!-.i MUSKEGON ( :~! ·~--1.1:,·11:i F \ '\ ..,~o-51:il Ct'mtttr~ .!Jl :'.!4""678J fA.\:.716-5617 Chll Sen·k~ 2J I.·724-6716 F.-\.X/12-1---1405 West Michigan's Shoreline Oty Clerk 231/724--6705 f.-\X/72+-1178 NOTICE AND ORDER Comm, & ~elgh, Services September 5, 2000 2311724-6717 FAX1726-2501 Engineering 2J 1/724--6707 FAX/727--6904 Alan Ecklund Finance I 885 Continental 231/724--6713 FAX/724--6768 Muskegon MI 4944 l Fire Dept. 231/714--6792 De.ar Property Owner: FAX/724--6985 lncomt' Tu Subject: l 855 Continental 23 l/724-6770 FAX/724--6768 Continental Addition Lot 17, Block l Info. Systems 131/724--6144 _ . The City of_MuskegonBuilding Official has recently inspected the subject property and has F AX/7U-430 I found the buTiclii1gs to be dangero11S-as-cieirnecl lll1dei·Sect10114~23 oftl1e Mttskegon City -- Leisure SerYke Code. 231/724-6704 FAX/724-1196 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the Manager's Office 231/724""6724 structures within thirty (30) days. FAX1722-1214 Maror's Office If you elect to repair the structures, you must secure all required pern1its and physically 231/724-6701 commence the work within thirty (30) days from the date of this order. F.\.X/722-1214 Inspection Services l3tn24-6715 Should you have any questions concerning this matter, please do not hesitate to contact our FAX1716-2501 Building Official, Jerry McIntyre at 724-6715. Planning/Zoning 231/724--6702 Sincerely yours, FAX/724-6790 Pollce Dept. lJ 1/724-6750 FAX/722-5140 ~)dJ13~· Public Works lobert B. Grabinski 231/724-4100 Fire Marshal/Inspection Services FAX1722-4188 Treasurer 231/714-6720 F AX/724-6768 Water Billing Dept, 231/7Z4-6718 FAX/724-6768 \\.'ater Fl1tratlon 231/714-4106 FAXl755--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 CIT\' OF Mt.:SKEGO\ CITY OF MUSKEGO\ HOUSI\G (BUILDI\G) BOARD OF APPEALS NOTICE OF HEARI\G Date: October 23 2.000 Address of the Property: 1885 Continental , Muskegon, Michigan Description of the Structure: Urban Renewal Plat No. 4 Lot 705 TO: Alan Ecklund [Name of Owner] 1885 Continental Muskeaon MI 49442 [Address of Owner] Pace Setters Corp. 4035 Broadmoor Kentwood MI 49512 [Names of Other Interested Parties] [Addresses] Please take notice that on Thursdav, November 2, 20 00, the City of Muskegon Housing Board of Appeals will hold a hearing at Citv of Muskegon City Hall, 933 Terrace St. Muskegon MI 49443 in the Citv Commission Chambers (Rm 103) 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department on June 12, 20_QQ_. At the hearing on Thursday, November 2, 20__illl, at 5:30 p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relecvant 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. By_ _~~~~~.LJ.'.\U,0.11~~~•-=- Robert B Grabinski , Fire Marsha/Inspections Dept Position F:\INSPECTIONSIEVERETnHBA MEETINGS\NOTICE OF HBA HEARING.DOC File g 412306 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan Described as follows: Lot 17, Block 1, Continental Addition to the City of Muskegon, as recorded in the plat thereof Liber 6 of Plats, Page 4, Muskegon County Records, Permanent Property No.: 61-24°215-Q0 1-0017-00 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 form of an assessment roll has received infonnation. This report also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof. infonnation 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 1997 Winter tax due in the amount of$2898.12 if paid by 10-31-00 1998 Winter tax due in the amount of $919.49 if paid by 10-31-00 1999 Winter tax due in the amount of $764.02 if paid by I 0-31-00 (Said amount includes water/sewer of $92.82) State Equalized Value $13,100.00 Taxable Value $10,819.00 NOTE: No Homestead filed NOTE: Invoices, Infractions, Special Assessments and Water bills have not been checked. Contact the City Treasurer for this information. BY ---'--=--/Jait~' Diane M. Kroll ___,_MAwf!;---'----- DATE: September 15, 2000 at 8:00AM MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION February 27, 2001 Gail Kundinger City Clerk City of Muskegon 933 Terrace Street Muskegon, MI 49440 Madam Clerk, Please accept this notice as my written request to place the following ordinance amendment on the city commission agenda for the meeting scheduled on March 13, 2001. Motion: To amend the non-union employee pension ordinance so that the retirement requirements are changed from 55 years of age with 30 years of service to 55 years of age with 25 years of service. Attachments: Letter from City Attorney dated February 1, 2001. Letter from City Attorney dated February 22, 2001. Please also attach a copy of the ordinance with the proposed changes. Thank You, ~0+6-- Lawrence O Spataro Commissioner, Ward III l.woffiasof I PARMENTER O'TOOLl1. 175 We,t ,.,pl• Av.nve • P.O. ~°" 786 , Mu,ugon, Mi</ligon •9«.l-0766 Phono 231.722.16?1 • Fox 231.722.7866 or 726.2206 February I, 2001 ATTORNEY CLffiNT PRIVILEGE Mr. Bryon Mazade City Manager Re: Pension ordinance renewal City of Muskegon Dear Bryon, You asked if the pension ordinance, ifit is brought up again on a renewed motion, needed to have a first and second reading, as if it wer:; entirely new. After checking the admittedly sparse authority, and reviewing the language of the Charter, in my opinion it may be renewed as a second reading, and may be adopted at that meeting by vote of a majority of the members in office, provided there are no material changes in the language or provisions of the ordinance. This has to be done within a reasonable time after the previous consideration of the ordinance. The Charter says that an ordinance may not be adopted on the same day as it is proposed, except by unanimous consent of all the members in office. Thus our need for two readings. Out of state authorities lead to a comment in one of our treatises that an ordinance may come up and be reconsidered if it has been read the required number of times and has been defeated, if the reconsideration is within a reasonable time. The implication is that it does not have to go through all the readings again. The p1.UpOse of repeated readings is, of course, to insure careful deliberation, something that has occurred even though the ordinance was defeated on the second reading. I do not find any authority requiring that the ordinance has to go through the proposal, or first reading, process in this situation. I am not awai:e of any practice, rule or commission policy to the contrary, but if there is one, that would prevail. .,.,...··· ,,,.. Yours £...-~------~- I G. Thomo1 Johnson John C::. Schrier Keith L M,Evoy O[C,unstl &rind Foul T, Saren:IQn, 1920-1966 Geor9t. 0. Von Eppa Chrlatophu I.. KtMy Anno K.Urid:, Thomo:J. O'Tool& Robert I.. For4ydle GR-erga A. Porme11.lcr, ,?03-1993 John M. Brigg~. 111 Linda S. K11ort! xorr R. Sewirk Eric J, ftiuri Arthur ~- R1.1d11 Cyru1 M. Poppen, 1903-1996 Michoc1 L Rolf Philip M, Stoffan Jennif-c:r L Hytlond Hon:ild M. ~Cte.et, 1912.-2.000 George. W. Jchm:on WIIHoM .1. Mr:let Jeffery A. Jacobsqn W. Brod Groom J<i~s R, Seheuerlc g:\common\5\gg"tQOnd reading.doe lawojficesof I PARMENTER O'TOOLE 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigori 49443-0786 Phone 231.722.1621 • Fox 231.722.7866 or 728.2206 February 22, 2001 Fred J. Nielsen, Mayor City of Muskegon P.O. Box 536 Muskegon,MI 49443-0536 Dear Fred: This letter responds to your request that I give you a legal opinion concerning the effect of the vote taken at city conunission meeting of February 13 which resulted in the approval of the pension enhancement for non-represented employees. You supplied me with a tape and letter which appears to be derived from the legal opinion of a lawyer not connected with the city, and I have reviewed Robert's Rules of Order, the tape you supplied, my memory of the incident which I viewed on Charmel 77, and the city commission rules. The answer to your question is somewhat complicated, and unfortunately is being given in response to what I see as a largely political set of considerations. My resistance in such situations, which I expressed to you, comes from the fact that unfortunately some of the people who receive the answer will likely consider my opinion political. In fact my opinion is based on what I perceive the rules to be and the politics of the situation are ofno concern whatsoever to me. Two basic mistakes were made at the meeting, one of which has no special effect, and the other of which leaves the commission with an unresolved motion concerning the pension enhancement. They are as follows: 1. The motion "to call the question" was really a motion "for the previous question" or "to terminate debate." Such a motion, by Robert's Rules, requires a two-thirds majority to pass. Its only effect is to cut off debate and move to consideration of the question before the commission- that is the main motion. In our case on February 13, the motion "to call the question" only passed by a four-to-three majority and therefore should have failed. However in light of my opinion regarding the effect of the rest of the motions on this subject, this mistake is without consequence. The only result of this first mistake is that, in the future, when a member moves the previous question or moves to end debate, a two-thirds vote is required. 2. Commissioner Shepherd's motion was characterized in various ways, but amounted to a G. Thomas Johnson John C. Schrier Keith L. McEvoy OJ Counsel Retired Poul T. Sorenson, 1920· 1966 George D. Von Epps Christopher L. Kel!y Anno K. Urick Thomas J. O'Toole Robert L. Forsythe George A. Parmenter, 1903· 1993 John M. Briggs, HI Undo S. Koore Scott R. Sewick Eric J. Fouri Arthur M. Rude Cyrus M. Poppen, 1903-1996 Michael L. Rolf Philip M, Staffon Jennifer L Hyllond Harold M. Street, 1912-2000 George W. Johnson William J. Meier Jeffery A Jacobson W. Brod Groom Jomes R. Scheuerle G:\COMMON\5\gtj\c-022201.doc motion to rescind the previous action of the commission. In my opinion, the substance of what was said and intended is more important than the exact words. Thus when Commissioner Shepherd moved to "bring back before the commission" the pension enhancement, and when later Conunissioner Spataro and Commissioner Aslakson, and others characterized the motion as a "motion to reconsider," in all cases the terminology used was incorrect. The motion made amounted to a motion to rescind the previous action. ("Reconsideration" is only available at the same meeting when the main motion has been voted upon). A motion to rescind does not require a member of a previous majority to make it. It requires only that a majority of the members of the commission approve it. Since all the members of the commission were present and a majority of the members approved it, the voting requirement was satisfied. However, as Commissioner Aslakson recognized during the voting, the effect of this motion was merely to rescind the previous action concerning pension enhancement. The action takes us back to the posture of the commission before the last vote on pension enhancement occurred, after the second reading on January 9. Therefore, no action has been taken on the pension enhancement and that motion may be made for discussion and vote. Therefore in my opinion the vote on Commissioner Shepherd's motion, although all parties used the wrong terminologies, was a legal vote which had the effect of rescinding the previous action concerning the pension for uurepresented employees. However, even thought the various commissioners understood the rescinding vote to be, in addition, a vote to approve the pension enhancement, and apparently several commissioners thought that the two actions were combined in the same motion, that is not the case. A new motion on second reading concerning the pension must be made, since the previous action was rescinded. Your letter also cites commission policies regarding submission of agenda items prior to meetings, time periods, etc. These policies do not prevent the commission from taking action if it so desires on any matter. In fact we have often seen almost spontaneous actions and votes on motions take place. The absence of such materials in agenda packets may indeed constitute good cause or reason to argue against having a vote on a motion, or for somebody to move to table or postpone, etc. but the rules about such materials in themselves do not prevent commission action. G:\COMMON\5\gij\c-022201.doc If there are any questions please feel free to call. Yl tfill](ey J' I '/ urs, YiA[&r----~ , I G Th mas~~on , irect Dial: /722-5400 E-mail: gtj parmenterlaw.com GTJ:mmf c: Bryon Mazade City Commissioners G:\COMMO N\5\gtj\c-022201. doc City of Muskegon Muskegon County, Michigan . ORDINANCE NO. 2042 The City Commission of the City of Muskegon hereby ORDAINS: Appendix B of the Code of Ordinances of the City of Muskegon concerning the General Employees Retirement System is amended as follows: 1. Volmmtary RetiremeJJ.t Conditions: Section 5.1. A person may retire upon satisfaction of each of the following requirements: (1) The person has filed written application for retirement with the board of trustees not less than 30 days nor more than 90 days prior to the date retirement is to be effective; (2) The person terminates all city employment prior to the date retirement is to be · effective; (3) The person has met an applicable age and service condition for retirement. The age and service conditions for voluntary retirement are as follows: (1) Benefit group general. The person has either: (i) If represented by a labor organization at the time of retirement or separation from service, attained age sixty (60) years or older and has ten (10) or more years of credited service in force, or (ii) If not represented by a labor organization at the time of retirement or separation from service, attained age sixty (60) years or older and has five (5) or more years of credited service in force, or (iii) Attained age fifty-five (55) years or older and has thirty (30) or more years of credited service in force, or ' (iv) Attained age fifty-four (54) years and has twenty-six (26) or more years of credited service in force. A person may only qualify under this subsection if the person is a non-bargaining unit employee that retires prior to December 31, 1987; or (v) Effective January 1, 1995, attained age sixty (60) years or older and has five (5) or more years of credited service in force and is represented by the Public Employees of the Southwestern Michigan Clerical and Technical Union (clerical and technical employees) at the time ofretirement or separation from service; or G:\EDSI\FILES\00100\0035\MISC\980898.DOC (vi) Effective January 1, 2001 and if not represented by a labor organization at the time of retirement or separation from service, attained age fifty-five (55) years or older and has twenty-five (25) or more years of credited service in force. Upon retirement as provided in this section a person shall be paid a pension computed according to Section 6. This ordinance adopted: Ayes:_---'S""'c,,_,h.,_,_w,_,_e,._,_i__,_f__,_l=er,_,_,_,S"-'-h'""'e"""p.,_,_h=er,__,d. . , '---"'S"""p=at-'<. a"'-r' _,o. . , '--------'-'A""'s__,_l=ak""'s"--"o"--'-n,___ _ _ _ _ _ _ _ _ __ Nays: __ ec.-.1;.. csc..ce_;n_,__.c. .S e~r-'a'""d=z.;_;_k-'---i.z__.cBc..ce:.:.cn.,: :.e-=-d-'---ic;:...t.;....__ _ _ _ _ _ _ _ _ _ _ _ _ _ __ N'-'--1--'· 1-'- · Adoption Date: __3_-_1_;_3_-0_1_ _ __ Effective Date: - - - - -3-30-01 '-----'--'----'----- First Reading: - -·1- 2- - 1 2- 99 ---- Second Reading: -3-13-01 ------ CITY OF ]V.CTJSKEGON By:~~~~~~~~~~ Gail A. Kundinger City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the ·13th day of March , 2001, at which meeting a quornm was present and remained throughout, and that the original of said ordinance is on file in the·records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: March ·13, 2001 Gail A. Kundinger, .CMC/AAE Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. G:\EDS I\FI LES\00100\0085\MISC\980898. DOC
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