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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)
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'.. 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
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0 'tii"'~l!f~ap~city of Chairperson for this Board since 1988, and was rece!'tly '
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•· '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 .
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t~f 's;,.,,- the past several years; and
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µl~tll§/1 HE:~Jt' the duties and insight provided by Chris Jensen go far beyond tho~e i~vi>lvecl .
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within the Immediate role of the Leisure Services Board; Including her · ,, .," . ·. ··
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involvement in spearheading the annual parade for Shoreline Spectacular, a ·.
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community festival held on Labor Day weekend; and
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since the inception of the Shoreline Spectacular, her expertise and
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assistance In organizing FUN, Inc., a non-profit organization which runs cind
oversees the entire operation of Shoreline Spectacular, has proven to be a ·
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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
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fl.!¥., ,:,;;;;i,, recreational activities for the citizens of the City of Muskegon.
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\. !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
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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)
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:{"•'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
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<: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.
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\: ,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.
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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: - ~=
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Vacant Lot on Dudley ~E
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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;;-
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- -- ·---- - < --c;:-:----- (Q
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---------
J- _rr ~~ -- ~ ~-~ -IJ -: J--=--=-
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-
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- - -- r
-
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-- - 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.
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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
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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
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23 l/724-67115
F.\.\1724-41711
231/72.t-(,717
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~,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
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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.
''
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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
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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.
"
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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·
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()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.
" " "
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,:1irm~t\H \.:1kln
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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.
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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~
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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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