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CITY OF MUSKEGON CITY COMMISSION MEETING NOVEMBER 13, 2001 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • PRESENTATIONS: • CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Liquor License Request. Wood Street Market. CITY CLERK c. Liquor License Request. Cuti's Sports Bar & Grill. CITY CLERK d. Liquor License Request. MK Party Store LLC. CITY CLERK e. FIRST READING, Ordinance adopting the 2000 Edition of the International Fire Code. FIRE f. 2002 Police Patrol Car Purchase. DPW g. Purchase of 425 West Delano Street. Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT h. Purchase of 2001 Park Street Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT i. Request for Encroachment Agreement @ 851 W. Laketon. ENGINEERING • PUBLIC HEARINGS: a. Spreading the Special Assessment Roll for Barclay, Sherman to Hackley. ENGINEERING b. Spreading the Special Assessment roll for Sherman. Glenside to Lincoln. ENGINEERING c. DDA Plan Amendment Ordinance. PLANNING & ECONOMIC DEVELOPMENT • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: a. Consumers Energy Memorandum of Understanding. LEISURE SERVICES • NEW BUSINESS: a. Cobb Plant Sewe Settlement. FINANCE b. Selection of Agent of Record for Health Insurance. FINANCE c. Resolution Establishing SmarlZone LDFA District. PLANNING & ECONOMIC DEVELOPMENT d. Resolution Establishing Seaway Business Park LDFA District. PLANNING & ECONOMIC DEVELOPMENT e. Concurrence with Housing Board of Appeals Notice and Order to Demolish for the following: 1) 1420 Getty Street (garage only) 2) 896 Pine Street 3) 1113 Williams 4) 2463 Lakeshore 5) 181 E. Walton • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • CLOSED SESSION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • Limit of 3 minutes to address the Commission. • (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.) • ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: November 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, October 23, 2001; and the Commission Worksession that was held on Monday, November 5, 2001. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING NOVEMBER 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 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November 13, 2001. Mayor Nielsen opened the meeting with a prayer after which members of the City Commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Fred J. Nielsen; Vice-Mayor Clara Shepherd; Commissioners Lawrence Spataro, John Aslakson, Jone Wortelboer-Benedict, Karen Buie, and Robert Schweifler; City Manager Bryon Mazade; City Attorney Thomas Johnson, and City Clerk Gail Kundinger. 2001-129 CONSENT AGENDA: Items listed under the Consent Agenda have been considered to be routine in nature and will be enacted in one motion. No separate discussion will be held on these items. If discussion is required, it ··Nill be removed from the Consent Agenda and be considered separately. a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, October 23, 2001; and the Commission Worksession that was held on Monday, November 5, 2001. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. c. Liquor License Request. Cuti's Sports Bar & Grill. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen- dation on a request from Cuti's Sports Bar & Grill, Inc., 677 W. Laketon, Muskegon, to transfer ownership of 2001 Class C-SDM licensed business with Dance-Entertainment Permit from Main Event of Muskegon, Inc. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: All Departments are recommending approval. d. Liquor License Request. MK Party Store. LLC. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen- dation on a request from MK Party Store L.L.C. to transfer ownership of the 2001 SDD-SDM license from Star Five, Inc. (previously Tom's Drink All). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: All Departments are recommending approval. e. FIRST READING. Ordinance adopting the 2000 Edition of the International Fire Code. FIRE SUMMARY OF REQUEST: To approve the proposed ordinance adopting the Inter- national Fire Code. FINANCIAL IMPACT: None BUDET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval f. 2002 Police Patrol Car Purchase. DPW SUMMARY OF REQUEST: Purchase 10 Ford Crown Victoria patrol cars from Voll- man Ford, state purchasing contract, at $20,942.00 each for a total of $209,420.00. FINANCIAL IMPACT: $209,420 (Equipment Fund) BUDGET ACTION REQUIRED: $205,250 is budgeted for this purchase. The addi- tional $3, 170 will be adjusted from other budgeted equipment purchases for 2002. STAFF RECOMMENDATION: Purchase of ten (10) patrol cars from Vollman Ford for a total of $209,420, to replace existing units. 2000 State Purchasing Contract/per unit - $20,515 2001 State Purchasing Contract/per unit - $20,942 2002 State Purchasing Contract/per unit - $20,942 g. Purchase of 425 West Delano Street. Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To purchase property at 425 W. Delano Street pursuant to the City of Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a purchase agreement signed by Marie Thompson, 425 W. Delano Street, Muskegon, Michigan on October 18, 2001. The purchase price is $49,225. FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to purchase this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To grant approval of the resolution consenting to the purchase of 425 W. Delano Street for the development of the Seaway Industrial Park. h. Purchase of 2001 Park Street. Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To purchase property located at 2001 Park Street pursu- ant to the City of Muskegon goal of creating the Seaway Industrial Park. This re- quest is pursuant to a purchase agreement signed by Carina James, 2001 Park Street, Muskegon, Michigan on October 23, 2001. The purchase price is $38,283. FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to purchase this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To grant approval of the resolution consenting to the purchase of 2001 Park Street for the development of the Seaway Industrial Park. i. Request for Encroachment Agreement@ 851 W. Laketon. ENGINEERING SUMMARY OF REQUEST: Mr. Barteau, owner of 851 W. Laketon, has submitted the attached encroachment agreement form requesting permission to install an awning on the Laketon Ave. side of the aforementioned building. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement. Motion by Commissioner Schweifler, second by Commissioner Benedict to approve the Consent Agenda with the exception of item b. ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED 2001-130 ITEM REMOVED FROM THE CONSENT AGENDA: b. Liquor License Request. Wood Street Market. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommen- dation on a request from Steven Cornell to transfer ownership of the 2001 SOM license from deceased Janice M. Cornell. Mr. Cornell was appointed Personal Representative at the September 11, 2001 Commission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: All departments are recommending approval. Motion by Commissioner Schweifler, second by Commissioner Benedict to approve the transfer. ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Spataro Nays: Shepherd MOTION PASSED 2001-131 PUBLIC HEARINGS: a. Spreading the Special Assessment Roll for Barclay. Sherman to Hackley. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for Barclay, Sherman to Hackley, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $143,210.74 would be spread against the nineteen (19) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:47 p.m. to hear and consider any comments from the public. Mohammed AI-Shatel explained the item. Comments in opposition were heard from the following: Duane Langlois, 760 Brookridge, for 107 6 W. Sherman and 2544 Barclay; and Jack Ketkolitz, 3218 Timmins, for 2330 Barclay. Motion by Commissioner Spataro, second by Vice Mayor Shepherd to close the Public Hearing at 5:58 p.m. and approve the spreading of the special assessment roll for Barclay, Sherman to Hackley. ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson Nays: None MOTION PASSED b. Spreading the Special Assessment Roll for Sherman. Glenside to Lincoln. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for Sherman, Glenside to Lincoln, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $85,268.84 would be spread against the sixty-five (65) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:59 p.m. to hear and consider any comments from the public. Mohammed AI-Shatel explained the item. Comments in opposition were heard from the following: Steve Holderman, 2011 Le Tart, for 1996 W. Sherman; Allison Williams, 217 6 W. Sherman; and Jaimee Hecksel, 2356 W. Sherman. Motion by Commissioner Aslakson, second by Commissioner Buie to close the Public Hearing at 6:04 p.m. and spread the special assessment roll for Sherman, Glenside to Lincoln. ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict Nays: None MOTION PASSED c. DDA Plan Amendment Ordinance. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the ordinance approving an amendment lo the Downtown Development Authority Development and Tax Increment Financing Plans. The proposed amendment shall remove the Muskegon Mall from the DDA development area. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the ordinance. The Public Hearing opened at 6:05 p.m. to hear and consider any comments from the public. Finance Director Tim Paul explained the item. No comments were heard from the public. Motion by Commissioner Aslakson to close the Public Hearing at 6:08 p.m. and approve the ordinance amendment to the Downtown Development Authority Development and Tax Increment Financing Plan. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie Nays: None MOTION PASSED COMMUNICATIONS: Introduction of Mayor Elect Warmington and Commissioner Elect Gawron by Mayor Nielsen. 2001-132 UNFINISHED BUSINESS: a. Consumers Energy Memorandum of Understanding. LEISURE SERVICES SUMMARY OF REQUEST: To adopt the Memorandum of Understanding with Con- sumers Energy for the use of the property across from Veteran's Park for a future soccer complex. · FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None STAF RECOMMENDATION: Approval Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the Memorandum of Understanding . . ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen Nays: None MOTION PASSED 2001-133 NEW BUSINESS: a. Cobb Plant Sewer Settlement. FINANCE SUMMARY OF REQUEST: Approval of a negotiated settlement in the amount of $100,000 to compensate the city for past sewer use at the B.C. Cobb Plant that had gone unmetered and unbilled for many years. FINANCIAL IMPACT: $100,000 payment to the city's sewer fund. Additionally, all current and future sewer use at the plant will be metered and billed on a monthly basis. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the negotiated settlement with B.C. Cobb. ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler Nays: None MOTION PASSED b. Selection of Agent of Record for Health Insurance. FINANCE SUMMARY OF REQUEST: As you may know, the PHP healthcare program (which has been the city's primary health service provider for several years) will cease operations in the Muskegon area over the next several months. This is the result of merger activity between Hackley Hospital and Spectrum Health of Grand Rapids and is a situation over which the city has no control. Nonetheless, the city must begin the search for a replacement healthcare program. As the first step in this process, staff recently issued a "request for qualifications" (RFQ) to agents/consultants specializing in the healthcare area. Four responses to the RFQ were received: Name Company Location Julie R. Balgooyen Independent Muskegon Dave Young Shoreline Insurance Agency Muskegon William D. Lewis Group Benefit Services Lansing/Grand Rapids Mitchell Singer Employee Benefit Resources Saginaw A committee (comprised of the city manager, assistant city manager, finance director, assistant finance director, and healthcare coordinator) met to rank the responses and interview the three top responders. The result of this process is a recommendation from the selection committee to appoint Julie R. Balgooyen as the city's agent of record for this project. Ms. Balgooyen most recently served as the city's account rep for PHP and has a thorough knowledge of our healthcare program and our needs. Additionally, she has a strong knowledge of the options available in the Muskegon-area market and impressed the com- mittee with her ideas for minimizing employee disruption in the transition process. FINANCIAL IMPACT: The agent of record is compensated through commissions on premiums paid by the city after a new healthcare service provider is se- lected. At that time the city will negotiate a reasonable commission with the agent and carrier. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Appointment of Ms. Julie R. Balgooyen as the city's agent of record to assist in the selection of a healthcare plan replacement for PHP. Motion by Commissioner Spataro, second by Commissioner Buie to approve the appointment of Julie R. Balgooyen as the agent of record for health insur- ance. ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd Nays: None MOTION PASSED c. Resolution Establishing SmartZone LDFA District. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the attached resolution establishing an LDFA District and setting the boundaries for said development of the Michigan Lake- shore SmartZone. FINANCIAL IMPACT: It is anticipated that the LDFA will capture more than an es- timated $10 million in tax increment revenue over a period of 15 years for the development of the SmartZone. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution. Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the establishing of a SmartZone LDFA District. ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED d. Resolution Establishing Seaway Business Park LDFA District. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the resolution establishing an LDFA District and setting the boundaries for said development of the Seaway Business Park. FINANCIAL IMPACT: It is anticipated that the LDFA may capture up to an esti- mated $900,000 in tax increment revenues over a period of 15 years. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution. Motion by Commissioner Buie, second by Commissioner Spataro to approve the establishing of a Seaway Business Park LDFA District. ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson Nays: None MOTION PASSED e. Concurrence with Housing Board of Appeals Notice and Or- der to Demolish for the following: 1) 1420 Getty Street (garage only) 2) 896 Pine Street 3) 1113 Williams 4) 2463 Lakeshore 5) 181 E. Walton SUMMARY OF REQUEST: This is to request that the City Commission concur with the Housing Board of Appeals that the aforementioned structures are unsafe, substandard, a public nuisance and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures 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 will be covered by CDBG funds with the exception of 1420 Getty and 2463 Lakeshore which will be funded from the General Funds. BUGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals deci- sion to demolish. Motion by Commissioner Aslakson, second by Vice-Mayor Shepherd to con- cur with the Housing Board of Appeals decision to demolish 1420 Getty (garage only), 896 Pine, 1113 Williams, and 181 E. Walton. ROLL CALL: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict Nays: None MOTION PASSED Motion by Commissioner Aslakson, second by Commissioner Spataro to con- cur with the Housing Board of Appeals decision to demolish 2463 Lakeshore. ROLL CALL: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie Nays: None MOTION PASSED 2001-134 ANY OTHER BUSINESS: Vice-Mayor Shepherd stated that she at- tended the first birthday party for the Muskegon Oceana Head Start. Mayor Nielsen commented on the Muskegon Chronicle story reference arsenic hazard high in pressure-treated lumber. 2001-135 PUBLIC PARTICIPATION: John McClain asked that POW /MIA Flags be placed on all City poles and inside the Walker Arena. Motion by Commissioner Spataro, second by Commissioner Aslakson to authorize staff to bring back a policy change reference the number and loca- tions of flags to be permanently flown and to report at the next meeting. ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen Nays: None MOTION PASSED 2001-136 CLOSED SESSION: Motion by Commissioner Aslakson, second by Commissioner Benedict to go into closed session at 7:15 p.m. ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd Nays: None MOTION PASSED Motion by Vice-Mayor Shepherd, second by Commissioner Benedict to return to open session at 7:33 p.m. ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro Nays: None MOTION PASSED Motion by Vice-Mayor Shepherd, second by Commissioner Aslakson to con- cur with the City Attorney's recommendation. ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson Nays: None MOTION PASSED ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 7:35 p.m. Respectfully submitted, Gail A. Kundinger, CMC/ AAE City Clerk Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request Cuti's Sports Bar & Grill, Inc. 677 W Laketon SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from Cuti's Sports Bar & Grill, Inc., 677 W. Laketon, Muskegon, to transfer ownership of 2001 Class C-SDM licensed business with Dance-Entertainment Permit from Main Event of Muskegon, Inc. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All Departments are recommending approval. &77 Afrlrmative Action 72H703 Assessor 72•16708 Cemetery 724·6783 West MJchigan's Shor-eline City Civil Sc,·vlcc 724·6716 October 29, 2001 Clerk 724 6705 To: The City Commission through t he City Manager Engineering From: a L . I~ 724-6707 AnthVn;, L. Kleibecker, Chief of Police Re: Liquor License Transfer at 677 W Laketon A venue Finance 724-li713 The Muskegon Police Department has received a request from the Michigan Liquor Flo·c Depl. Control Commission for an investigation from applicant Anthony Cuti of 14 14 Palmer 724·G792 Street, Muskegon. C'. N. Services Anthony Cuti is requesting to transfer ownership of 2000 Class C-SDM licensed business 724·6717 with Dance-Entertainment from Main Event of Muskegon, Inc. Mr. Cuti has had no experience of owning an alcohol service establishment but has been made aware of the Inspections Muskegon Police Departments position on enforcing local alcohol laws and ordinances. 724·6715 A check of MPD records and Criminal History showed no reason to deny this request. Leisure Service 72•16704 TK/cmw ~l anager's Ofrlce 724-0724 Mayor's Office 724·1,70I Plm111ing/ZOnlng 724·6702 l'ollcc Dept. 72•16750 l'ublic Works 7:164786 Treasurer 724-G720 Water Dept.. CiLy or Muskegon, l'.0. 13ox 536, D80 ,I C!TCl'SOII SLl'GCI , Muskegon, Michigan 49443-053G 724 6718 MEMO To: Chief Tony Kleibecker From: Det. Kurt Dylanan Date: 10-4-01 Re: Liquor License Transfer ChiefKleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant Anthony Cuti of 1414 Palmer Street, Muskegon, MI. 49441. Anthony Cuti is requesting to transfer ownership of 2000 Class C-SDM licensed business with Dance-Ente1tainment from Main Event of Muskegon, Inc. Mr. Cuti has had no experience of owning an alcohol service establishment but has been made aware of the Muskegon Police Departments position on enforcing local alcohol laws and ordinances. A check of MPD records and Criminal History showed no reason to deny this request. Respectfully submitted, Det. Kurt Dyl~man data/ common/Cuti Michigan Department of Consumer & Industry Services LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1(4)] To: Muskegon Police Department Date: September 12, 2001 Chief of Police REQ#: 134519 980 Jefferson St PO Box 536 Musekgon MI 49443-0536 Chief Law Enforcement Officer Applicant: CUTJ'S SPORTS BAR AND GRILL, INC. requests to transfer ownership of 2001 Class C-SDM licensed business with Dance-Entertainment Permit, located at 677 W Laketon, Musekgon MI 49441, Muskegon County from Main Event of Muskegon, Inc. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report and recommendations of the applicant to the Licensing Division. Please include fingerprint cards and $15.00 for each card, and mail to the Michigan Liquor Control Commission. If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m. ljt LC-1972 Rev. 6/92 4880-1658 STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, MI 48909-7505 LOCAL APPROVAL NOTICE (Authorized by MCL 436.1501(2) and MAC 1105(2)(d)) Req ID# 134519 Date: September 12, 2001 Muskegon City Commission 933 Terrace St PO Box 536 Muskegon Mi 49443-0536 Applicant: CUTI'S SPORTS BAR AND GRILL, INC. HOME ADDRESS AND PHONE NO: Anthony M. Cuti, 1414 Palmer, Muskegon Ml 49441 (231) 755-3327 Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of MCL436.1916. For your convenience a resolution form is enclosed that includes a description of the licensing transaction requiring approval. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the Liquor Control Commission as soon as possible. If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- 1400. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS ljt LC· 1305 REV 6/98 4880-1234 STATE OF MICHIGA!'-T DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION /4 G// :::j. /-f. f1 · ✓ Oi 9.., 2001-129(c) RESOLUTION REQ ID# 134519 At a ---'-'B.... iJ....a...._r_ _ _ _ _ _ _ _ _ meeting of the _--'C=i;..::;t..,_y_C""""o"""mm=i=s..:::.s=io=nc:;____ _ _ _ _ __ egi.,.1..... (Regular or Special). (Township Board, City or Village Cowicil) called to order by Mayor Nielsen on November 13, 200 7 at 5 : 30 P.M. The following resolution was offered: Moved by Commissioner · Schweifler and supported by _ __,C~o=mm=i=ss=i=·o=n=e~r~ Sp.,..,a=t=a=r~o_ __ That the request from CUTI' S SPORTS BAR AND GRJLL, INC. to transfer ownership of 2001 Class C licensed business with Dance-Entertainment Permit, located at 677 W Laketon, Muskegon Nil 49441, Muskegon County from Main Event of Muskegon, Inc. (Approvnl or Disapproval) APPROVAL DISAPPROVAL Yeas: --~-------- Yeas: - - - - - - - - - - - Nays: - - ~ - - - - - - - - Nays: _ __ _ _ _ _ _ _ __ Absent: _ ____..o._____ __ _ _ __ Absent: - - - - - - - - - - It is the consensus of this legislative body that the application be: _ _ _ _ _ _ _ _ ___,_R=e=c=omm=e"'-'n.,_,d"""e""'d~-- - - - - - - - - - - - - - - - for issuance (Reconunended or not Recommended) State of Michigan _ _ _ _ _) § County of Muskegon ) I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the _ _____.C=i......t'-J-y--""C=om.,,,m,. , i.,.s.,_,.s · ,...i..,.,ocun_ _ __ _ at a ~· _ _ _---1,.JR'""e..,.g1...i .... JaJ.J.r_ _ _ _ _ _ __ (Township Board, City or Vil!Jlge Cowicil) (Regular or Specinl) meeting held on November J3 1 2001 . (Date) SEAL (Township, City of Villoge Clerk) Gail A. Kundinger , City lerk 933 Terrace (Mailing address ofTownship, City of Village) Muskegon, MI 49440 LIQUOR CONTROL COMMISSION __, ..... POLICE INSPECTION REPOP.- ON LIQUOR LICENSE REQUESTi( 7150 Harris Drive ( A th · ( MCL 436 7 ) P.O. Box 30005 . u onze . · a~ Lansing, Michigan 48909-7505 REQ ID# 134519 .,, .;;/ i/ · 9 - ;--7 -o / Important: Please conduct your investigation as soo possible and complete all four sections of this report. Return the completed report and fingerpri cards to the Commission. BUSINESS NAME AND ADDRESS: (include zip code) CUTI'S SPORTS BAR AND GRILL, INC, 677 W Laketon, Muskegon MI 49441, Muskegon County REQUEST FOR: . Transfer ownership or 2001 Class C-SDM licensed business with Dance-Entertainment Permit from Main Event of Musekgon, Inc. I Section 1. "' APPLICANT INFORMATION I APPLICANT #1: APPLICANT #2: ANTHONY CUTI HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 1414 Palmer Muskegon MI 49441 ( 231) 7 55-332i!: DATE OF BIRTH: {j - )- (pg 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? DYes No• o Does the applicant have a Visa? Enter status: o Does the applicant have permanent Resident Alien status? D Yes No D o Does the applicant have a Visa? Enter status: Date fingerprinted: / o - 11- o J Date fingerprinted: · Attach the fingerprint card and $15:oo for each card and mairto the Liquor Control 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 & conv ictions (attach a signed and dated report if more space is needed) dated report it more space is needed) I Section 2. -: Investigation of Business and Address to be.Licensed'. . ·. .·..•.· . ; •. ··- 1 Can living quarters be reached from the inside of the establishment without going outside? D Yes jfil No Does applicant intend to have dancing or entertainment? D No IRJ:' Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? bJ.No D Yes, explain relationship: Section 3. · . Local and State Co~es 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? @_ Yes NoD If you are recommending approval subject to certain conditions, list the conditions: (Allach a signed and dated report II more space is needed) I Section 4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? ~ Yes D No 2. Is the. proposed location satisfactory for this business? @'Yes D No 3. Should this request be granted by the Commission? m es O No 4. If any of the above 3 questions were answered no, state your reasons: (Allach a signed and dated report if more space Is needed) ~ L . J~ o.Q.._ / ✓ - ~ - o.l' SlgmltU(Sheriff or Chief of Police) Dale LC-1 BOO Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file) STATE OF MICHIGAN >ARTMENT OF CONSUMER & INDUSTRY SERVI! LIQUOR CONTROL COMMISSION REQ ID NUMBER: 134519 7150 Harris Drive P.O. Box 30005 Lansing, MI 48909-7505 LOCAL LAW ENFORCEMENT AGENCY REPORT DANCE/ ENTERTAINMENT/TOPLESS ACTIVITY PERMIT (Authorized by MCL 436.1916) CUTl'S SPORTS BAR AND GRILL, INC. APPLICANT/LICENSEE PHONE NUMBER 677 W Laketon Muskegon Muskegon 49441 STREET ADDRESS CITY TOWNSHIP COUNTY ZIP PERMIT(S) REQUESTED: DANCE X ENTERTAINMENT X TOPLESS ACTIVITY_ 1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by customers. YES ·vJ. NO • NIA • 2. Describe the type of entertainment applicant/licensee will provide: NIA • ls c.. n J.5 / b T '..s 3. Will this entertainment include topless activity? YES • NO )4.__ NIA • LAW ENFORCEMENT RECOMMENDATION DANCE PERMIT YES -~ NO • NIA • ·g i ENTERTAINMENT PERMIT YES NO • NIA • TOPLESS ACTIVITY PERMIT YES • NO 129- NIA • REMARKS: 10-4-01 /l L . I~ DATE SUBMITTED d1:rcER'S SIGNATURE MUSKEGON POLICE DEPARTMENT 231. 724-6750 DEPARTMENT NAME PHONE NUMBER 980 Jefferson Muskegon MI 49440 ADDRESS CITY LC- 693N RE V 5/98 4880-0652 Affinnntive Action (231)724-6703 FAX: (231)122-1214 A,,3sessor/Equailzation (231)124-6700 !FAX: (231)126-5131 Cemetery Depm·tment (2.:n )72.$-6733 FAX: (23!)726-5617 City Manager (231)724-6724 lFAX: (231)722-1214 CM.I Service (231)724-6716 lFAX: (231)724--4405 Clerk (231)724-6705 November 5, 2001 FAX: (231)724-4173 Communlty and Neigh. Services (231)724-6717 JF'AX: (231)726-2501 Ms. Ann Smith, President Computer Info, Campbell Field Neigh. Association Systems 1874 Crowley (231)724-6744 FA:X: (231)722-4301 Muskegon,MI 49441 Engineering Dept. (231)724-6707 Dear Ms. Smith: FAX: (231)727-6904 FinnnceDept, We have received a request from the Liquor Control Commission reference Cuti' s (231)724-6713 FAX: (231)724-6768 Sports Bar & Grill, Inc. desire to transfer ownership of the 2001 Class C-SDM license with dance-entertainment permit from Main Event of Muskegon, Inc., 677 Fire Department (231)724-6792 W. Laketon. On Tuesday, November 13, 2001, the City Commission will review FAX: (231)724-6985 this request and determine whether or not it should be recommended for approval. Income Tax (231 )724-6770 You are being sent this notice because the City Commission would like to know FAX: (231)724-67611 how the Neighborhood Association feels and would appreciate any comments that Inspection Services (231)724_-6715 they may have. You may send these comments to 933 Terrace, Muskegon, MI FAX: (231)728-4371 49440 or attend the City Commission Meeting on November 13, 2001, at 5:30 Leisure Services p.m. in the Commission Chambers. (231)724-6704 FAX: (231)724-1196 If you have any questions, please feel free to contact me at 724-6705. Mayor's Office (231)724-6701 FAX: (231)722-1214 Sincerely, Planning/Zoning (231)724-6702 FAX: (231)724-6790 Police Deptartment Linda Potter (231)724-6750 FAX: (231)722-5140 Deputy Clerk Public Wot!<S Dept, (231)724-4100 FAX: (231)722-4188 Treasurer's Office (231)724-6720 FAX: (231)724-6768 Water Billing Dept. (231)724-67111 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755.5290 City of Muskegon, 9331renace §t,eei, !P .{]). !Box 536, Muskegon, MI 49443-0536 ww,,v .§horelnnecity.com Affirnrntive ,%ctlon (231)724-6703 JFAX: (231)722al214 Assesuor/Equnllzatfon (231)724-'703 JFAX: (23!)726a51!H Cimetery Department {231)72'3a6763 JFAX: (231)72.S-.5617 City Mimagew- (231 )724-6724 !FAX: (231)722-1214 Civil Service (231)724-6716 FAX: (231)724--4405 Clerk (231)724-6705 November 5, 2001 FAX: (231)724-4178 Community anO Nefgh, Services (231)724-6717 FAX: (231)726-2501 Mr. Anthony Cuti Computer Info. 1414 Palmer Systems Muskegon,MI 49441 (231)724-6744 FAX: (231)722-4301 Dear Mr. Cuti: Engineering Dept. (231)724-6707 FAX: (231)727-6904 This letter is to inform you that your request to transfer ownership of the 2000 FimmceDept. Class C-SDM licensed business with Dance-Entertainment Permit from Main (231)724-6713 FAX: (231)724-6768 Event of Muskegon, Inc., will be presented to the City Commission on November 13, 2001. This meeting begins at 5:30 p.m. and is located in the Commission Fire Department (231)724-6792 Chambers, 933 Terrace, Muskegon, MI. FAX: (231)724-6985 Income Tax This request has also been sent to the Campbell Field Neighborhood Association (231)724-6770 FAX: (231)724-6768 for their comments. It is Commission practice to let the Neighborhood Association know of any liquor license requests that are located within their Inspection Services (231)724-6715 boundaries. This allows for comments from the people who live there and not FAX: (231)728-4371 just from the owners of the business' who are located there. Leisure Services (231)724-6704 If you have any questions, please feel free to contact me at 724-6705. FAX: (231)724-1196 Mnyor's Office (231)724-6701 Sincerely, FAX: (231)722-1214 Planning/Zoning (231)724-6702 FAX: (231)724-6790 Linda Potter Police Deptartment (231)724-6750 Deputy Clerk FAX: (231)722-5140 Public Works Dept, (231)724-4100 FAX: (231)722-4133 Treasurer's Office (231)724-6720 FAX: (231)724-6763 Water BIiiing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 Ciiy of Muskegon, 933 'fonace §t<ee!, P.O. lliox 536, Mlu,kegon,, Ml[ 49443-0536 www.,horeliR1edty.coill1l LIQUOR LICENSE REVIEW FORM Business Name: Gut,·:s Doc J- W 1 /~ _E;c · AKA Business Name (if applicable): LZla10 be/IT Operator/Manager's Name: ~/4_/l ~_T,_A_o...,.../7__:L~-12'1~--c~v,~Lf_ ,_,_ _J_5_5 -[J/~ )r C/ Business Address: 677 W Reason for Review: New License D Transfer of Ownership g Dance Permit D Drop/Add Name on L icense D· D Transfer Location Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: /()- J- 0 J Police Department Approved BDenied 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 4 L. /-(,?. e. ..J2-. / 0 - JI - 0/ Gail A. Kundinger, City Clerk Liquor License Coordinator City of Muskt'9on Trr~•::a1:=::ur&rs OtficE> Mu::=k1E;9on, Michigan 102601. 01.~ i5g 16pm Busin1?:~s d.3te~ 1W2,S01 C.35f-Jir?r: ID[!3 Entry~ 301269860~ MATH'./SEt4ER /JTILITY Customt>r Acct:: 329002502 Tot.31 amount of bUl~ :l'.28.,25 P!WMENT TVPE AND AMOUNT: CHECK 128:25 .@0 • @ID ~ ~j@ iiMOIJNT PAID, 128.25 CHANGE GIVEN, LIQUOR LICENSE REVIEW FORM Business Name: (:z14 -!-1·:S ,S;of'i...s f3oc J: &1 ·4 Fe· AKA Business Name (if applicable): flCe.,111·ou .sj¥-- - /Jlaio £er7f- Operator/Manager's Name: 0 Business Address: 677 IA/ l.q/(efoa Reason for Review: New License D Transfer of Ownership @' Dance Permit D Drop/Add Name on License D· D Transfer Location Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: _ ___.__/()_---"'-J_-_O_/_·__ Police Department Approved D~nied D No Action Needed D Income Tax Approved IZJ' 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 ~Cf;s ~ Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM - Business Name: (; ui,-:.S .)jlof'i0, f3oc J:: 011 //; -~c · AKA BusiD:eSS Name (if applicable): fJ[f...!lt,ou s.cfa- - 12/cuo &er1f- Operator/Manager's Name: Business Address: 677 W /22/ Yf'~V/ Reason for Review: New License D Transfer of Ownership g Dance Permit D Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name . D New Entertainment Permit D Other _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for :receipt of all information: _ ___.!.__O_--=J_-_O__;_·__ Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: i)tf'U,J(,>46;:I' t , ~ Treasurer Approved • Owing ~mount:·f1 2 /4 ti -Jt:fWdl. t<lc<..&r;vr, Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_...;;./4J-""~ {-S, - """'~""-~.;;.;;....· .,.,·=---.,,_o/_2_½~/2-',)_) _ _ _ _ _ _ __ 7 Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM · Business Name: {j u-1-,·!s .)flol'i...s f3or J. (J11 /~ ~c · AKABusin.essName(ifapplicable): l)f'Gllr'ou~!¼ r- V - LZZuo He/IT Operator/Manager's Name: 0 Business Address: 677 W /q/(efoa 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: /()- J- 0 J. Police Department Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved 0 Owing D Amount: Zoning Approved ~ enied0 PendingZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects _ __ __ Services --µr.-._...,, _ u>""'- J,,1~ )ttl 11s ' - - - /.i::. ,,, ~rcQ.v ._, ..,....)/_µ., ''--. Department Signature ~}i_'J, / l J✓1J 6).,""'- Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business Name: (: ut,·,'s ,)jlof'i-..5 f3or + 0f', /~ ,I;-;c · AKA Business Name (if applicable): fl[C-!lt,ou ix= - LZZuo He/IT Operator/Manager's Name: /J17 -;-/2 if ;1J. rJ Cu f 1, Business Address: h77 IA/ /_q 15 ~ fo a Clus lfG,<ed(?, mi yy yY/ 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ __ ) -'"'J'----_O---'-/_-_ _ Deadline for receipt of all information: -----'---'/(;;....._- Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance 1'p! Remaining Defects Services Gail A. Kundinger, City Clerk Liquor License Coordinator STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION 7150 Hanis Drive P.O. Box 30005 / Lansing, MI 48909-7505 LOCAL APPROVAL NOTICE (Authorized by MCL436.1501(2) and MAC l 105(2)(d)) Req ID# 134519 Date: September 12, 2001 Muskegon City Commission 933 Tetrnce St PO Box 536 Muskegon Mi 49443-0536 Applicant: CUTI'S SPORTS BAR AND GRILL, INC. HOME ADDRESS AND PHONE NO: Anthony M. Cuti, 1414 Palmer, Muskegon MI 49441 (231) 755-3327 Local Legislative approval is required for new and transferring On-Premises licenses by MCL436. 1501 of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authmity of MCL436.1916. For your convenience a resolution fonn is enclosed that includes a description of the licensing transaction requiting approval. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the Liquor Control Commission as soon as possible. If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- 1400. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS ljt LC-1305 REV 6/98 4880-1234 STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION 7150 Hanis Drive P.O. Box 30005 ✓.;/ fl , Lansing, MI 48909-7505 ✓ o tOCAL APPROVAL NOTICE 9 / /1 (Authorized by MCL 436.1501(2) and MAC 1105(2)(d)) Req ID# 134519 Date: September 12, 2001 Muskegon City Commission 933 Te1rnce St PO Box 536 Muskegon Mi 49443-0536 Applicant: CUTI'S SPORTS BAR AND GRILL, INC. HOME ADDRESS AND PHONE NO: Anthony M. Cuti, 1414 Palmer, Muskegon Ml 49441 (231) 755-3327 Local Legislative approval is required for new and transfeITing On-Premises licenses by MCL 436. 1501 of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of MCL 436.1916. For your convenience a resolution form is enclosed that includes a description of the licensing transaction requiring approval. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the Liquor Control Commission as soon as possible. If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- 1400. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS ljt LC-1305 REV 6/98 4880-1234 ·•·~~~~~~:i~i: 231-755-3327 . 41 .··.>•>·)~;1)•;:ate •• 74•13941724 · > cli-v l1fv;;;,;::'"'v \ ; $. iS-o' ~· paYtathe 0rd G,~ erof/<.-ud ,, /./4.-, a,e.,e,., , :fa=7,.-.r y / '<· ~0:;:,,, ~"'---,...:.·.c·_;\:/~j;J;,{:· 'fE COMMUNITY . . •• SHOR.!L';/':B~-N_K-_\ ,, A ;·;, •,._·.:_.c....:.c._~-'-'.c.:_~~-' For MUSKEGONH,,,,.., : . <. : ... Y _ c·'.:.._(,<)?c_?_•._._6~•··_·.·.._---~-·-·_·_:_:·:-_.. ~=-~..c.~~~NP• 1:0721,.1.:1ci.1,..21: oooooci~·ai:;r11•::~2ai;:1 .>i.i 11)1-JARWlO -'; oJlASSl9:c ~ f.,:ifon 724~'1:>,'03 111 Complete items 1, 2, and 3. Also complete B. Date of Delivery . (23R)'7°22a12U item 4 if Restricted Delivery is desired . 1111 Prin1 your name and address on the reverse 1sor/E~11alb:ot!oR C. Signature so that we can return the card to you. n4a\S703 111 Attach this card to the back of the mai\piece, D Agent ('31)n6-5!Bl X or on the front if space permits. itery lDepnrbneut 1. Arllc!e Addressed to: ~ U-1 ~ •72.!la6'733 : (2311)72\J~:%17 Mim.ogerr )724-6724 7 1'.s---0 ~ : (231)722-1214 flJ iJv;v Jooo/ 3.pS@.SiO?y~~-· \CHIG/\N 48909 Service \j;n.~~JM&-~Jwl D Express Mail J'll/ /cfjl(lf- 7 JdJ - )724-6716 .: (231)724-4405 ~',--'2:7· n ~ - _,, / ;_,,1 r •D ' _..'=.cRc:e:::g:::is:::te_cre:::dc;_____cD_R_•_tu_rn__,R_•_c•-ip_t_fo_r--CM~e-rc_h_an_d_i,_e Insured Mail D C.0.0 . 4. Restricted Delivery? (Extra Fee) 0 Yes ")'124-6705 2. Article Number (Copy from service label) :: (231)72-'1417!! November 15, 2001 7° 00 OS-i:UJ 0013 '/676 0<.J/0 1m1.m.ity and igb. Se.vice5 PS Form 3811, July 1999 Domestic Return Receipt ' 102595-00-M-0952 )724a6'/17 {: (231)726-2501 ,1puter Info. stems Liquor Control Commission 1)72-'1-674.t. 7150 Harris :{; (231)722-4301 PO Box 30005 :lneeringDept. Lansing, MI 48909-7505 1)124-6707 !(: (231)727a\S9IN, REF: #134519 anceDept. 1)724-6713 677 W Laketon K: (231)724-6768 Muskegon,MI 49441 e Department 1)724-6792 X: (231)724°6985 To Whom It May Concern: :omeTax 11)724-6770 Enclosed is the resolution, police inspection report (LC-1800), local law .X: (231)7:U 6768 0 enforcement agency report, print card and check for 1he liquor license change 1pection Senrices request mentioned above. 11)124-6715 ~x: (231)728-4371 il.sure Servlce§ Please do not hesitate to call me at (231) 724-6705 if you have any questions. 31)724-6704 U{: (231)724-1196 Sincerely, ayor'§ Office 31}72.:l-6701 \J{: (231)722-1214 ,snning/Zo11!ng .31)724-6702 Linda Potter AX: (231)724-6790 Deputy Clerk ollce Deptsylment !311)724-6750 Enc. AX: (231)722a5140 ubllc Worrm Dept. !31)724•4!00 'AX: (231)722-4183 'yeasunir's Office 231)724-6'1.20 'AX: (231)724-6763 1 IVater Billing Dept. 231)724•6713 <AX: (231)724-6768 IVater Filtration :231)724-4106 FAX: (231)755°5290 <Ci!y @fllifoskegoIO, 933 'lfenaee §!reel, 11'.i(). lllm, 536, Mhnokeg@IO, MIT 49443-0536 www.s11loreili@ed;y.com111 Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request MK Party Store, L.L.C. 1500 Getty Street SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from MK Party Store L.L.C. to transfer ownership of the 2001 SDD-SDM license from Star Five, Inc. (previously Tom's Drink All). FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All Departments are recommending approval. ... ,. _, . .. :·· ... . .. . Arfll'llmtivc 1\cl Ion 724·G703 Assr ssol' 724-6708 Ccmcler y 724·678.1 West Michigan's Shoreline City Cil'II Sc,·vlce 724-6716 Clcr·k 724-6705 October 29, 200 I En~lncerjng To: The City Commission th.rough the City Manager 72•16707 From : ~ 1-.. I ~ - Finaru.:c ntony L. Kleibecker, Chief of Police 724-671:l Re: Liquor License Transfer at 1500 Getty Street F'll'CDepl. 724-0792 The Muskegon Police Department has received a request from the Michigan Liquor C. N. Scrvlcr.s Control Commission for an investigation from applicant MK Party Store, L.L.C. for 1500 724 6717 Getty Street, Muskegon. MK Party Store L.L.C. is requesting to transfer 2001 SDD-SDM license from Five Star 5, lnspccllons 724 6715 INC. The applicants in this request are Samei Btk and Saib Btk both of 785 Mariwood Ave., North Muskegon, MI. 49445. These ind ividuals are brothers. Samei is currently the owner of the Muskegon Holiday Inn and holder of a liquor license for that Leisure Service 724·1i704 establishment. Samei and Saib are purchasing what was Tom' s Drink All and requesting the liquor license to be transfer into their names. ~lnnngcl''s Office 724-6724 A check of MPD records and Criminal History showed no reason to deny this request. ~laym's Office 724-6701 TK/ cmw l'lannlng/Zoning 72•16702 PoliceOcpl. 724-(i7~0 Puhllc\Vorks 72G·470G T1·ras11,·c1· 724-6720 IVnlCl'DCJ)l. City of Muskegon, l'.0. Box 53G, 980 JclTCl'SOll SLl'CCL, Muskegon, Michigan 49443-0536 724(i7111 MEMO To: Chief Tony Kleibecker From: Det. Kmi Dykman Date: I 0-15-01 Re: Liquor License Transfer Chief Kleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant MK Party Store, L.L. C. for 1500 Getty Street, Muskegon, MI 49442. MK Party Store L.L.C. is requesting transfer of 200 I SDD-SDM license from Five Star 5, INC. The applicants in this request are Samei Btk and Saib Btk both of 785 Mariwood Ave., North Muskegon, MI. 49445. Both individuals are brothers and Samei is cutTently the owner of the Muskegon Holiday Inn and holder of a liquor license for that establishment. Samei and Saib are purchasing what was Tom's Drink All and requesting the liquor license to be transfer into there names. A check of MPD records and Criminal History showed no reason to deny this request. Respectfully submitted, .--_,.,,_- .-~;::....-,-· . .~-_;:,i~------~-t~~-~~- Det. Kurt Dylanan data/common/BTK2 (~ ((' !' ·, fvl;,~igan Department of Consumer & Industry Services f ) '1 ' LIQUOR CONTROL COMMISSION -POLICE INSPECTION REPOR1 , ON LIQUOR LICENSE REQUEST~~ . (Authorized by MCL 436.?a) f 1, 7150 Harris Drive P.O. Box 30005 Lansing, Michigan 48909-75 7 £ )4 - j lmpartant: Please conduct your investigation as soon as possible and complete all four sections of this report. /J. -,<J ·, ,0 / Return the aompleted report and fingerprint cards to the Commission. 'I 35565 l/ ) , BUSINESS NAME AND ADDRESS: (include zip code) Ml( PARTY ST ORE, L. L. C. 1 500 Gl TTY, MUSKEGON, !VII 49442, MllSKEGON CO~NTY REQUEST FOR: TRANSFER OWNERSHIP OF 2001 SOD-SOM LICENSE FROM STAR 5, INC. I Sec~ic>.n 1. ...... ) ' ·•·,.·. .. .. . ..· .··· •· ·.·.. ·.. t 7 ···•·· < : <APf>LIQANTINFC>RNIATION:: .·. •···. •.•,: :,.· ..... ... . I APPLICANT# 1: NO FINGER PRINT NEEDED FOR: APPLICANT# 2 : SAME! BTI< SAIB BTIIIK HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 785 MARilllOOD AVE "/85 MARIWDOD AVE NORTH MUSKEGON , MI 49445 231 744 9888 NORTH MUSl<F.:GON, MI 49M15 23'1 74L! 9888 DATE OF BIRTH: /7,.- 2 • /"3 DATE OF BIRTH: 8'.. )7~ '77- If the applicant is not a U.S. Citizen: lf 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 ONo Jl:?.1 Yes O No o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status: Date fingerprinted: Date fingerp(inted: / (J- / I · CJ J Attach the fingerprint cafc:t:~nd $15.00 for each carg afidmail to the Liquor Control Commission. ·.· 1 f 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) •\l I Section 2. Investigation of Business and Address to l:>e Licensed I Can living quarters be reached from the inside of the establishment without going outside? D Yes ~ No - Does applicant intend to have dancing or entertainment? 121 No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? ~~ No D Yes, explain relationship: J Section 3. Local and State :C_ odes arid Ordinances, and .General Recomme_ndations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinanc es, if this license is granted? ~ Yes No D f ,. If you are recommending approval subject to certain conditions, list the c onditions: (Allach a signed and dated report If more space Is needed) I Section 4. Recommendation From your investigation: 1. Is this applic ant ,qualified to conduct this business if licensed? [z]' Yes No D 2. Is the. proposed location satisfactory for this business? ~ Yes No D 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 arid Jated report if more space Is needed) . / / , 1 I ( ·/ ., / I ( ~ I / <'. V/ Signature (Sh~rilf or Chief of Police) Date LC- 1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your fi le) : ;' MIC:-ilGAN DEPARTMENT OF C.OMMERCE LIQUOR CONTROL COMMISSION 135565 RIESOUJTiON . 200 1- 129 (d ) At a Regular · _·_____ meeting of the _ _ _ _.--l....·L.Jt.....y~C..i.a.11.mUJ.mu..i1...:s:i..:s~iu.aJLnL--_ _ _ _ __ (Regular, or Spociall (Tawna/lip Boatd, City ol Vlllag• Councill called to order by Mayor Nielsen an ·r....· _ _Nu.o"""y""'e,...m...,b'"..... "e __._J..,,.J.... , _ 2<-..;0u.OU--J..J_ at 5 · 30 P.M. the following r~solutian was offered: Moved by Commissj oner ·scbwei fl er and Supported bv Commissioner Spataro That the request from MK Party Store, L. L. C\., 1500· G.etty, Muskegon, MI 49442 , Muskegon County, to transfer · ownership of 2001 SDD- SDM License from Star 5, Inc. be considered for Ap.p roval Approval Disapproval Yeas: 7 Yeas: Nays: o Nays: Absent: 0 Absent: It is the consensus of this legislative body that the application be ___E_.~cQromEilld.e.d_._ fAecornmended or _ _ _ _ _ _ _ _ _ ___;,_ __:·_for issuance. nol Recammendodl State of. Michigan ) SS County of Muskegod I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission at a ____,!.!R~e1;,g.!.!u~l,e,a.Lr_--,-_ _ __ _ _ __ (Rogulor or Spec1111 rneeting held on the 13th day of November, 2001 . Q ~~~ (Daiei (Signed) .. y\ ~ (I ,wnohi9. Cily, or V•llogo Cltrkl Gail A. Kundinger, City Clerk 933 Terrace (Addreaa ol Townanip. Cily or Village Board) SEAL Muskegon, MI 49440 MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION t 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 933 Terrace St September 20, 2001 Box 536 REQUEST ID# 135565 Muskegon, MI 49443-0536 The Liquor Control Commission has received an application from: MK Party Store, L.L.C. request to transfer ownership of 2001 SDD- SDM licensed business from Star 5, Inc. located at 1500 Getty, Muskegon, MI 49442, Muskegon County. Members: Samei Btk and Saib Btk 785 Mariwood Ave, North Muskegon, MI 48445 231 744 9888 Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the premises only. Specially Designated Distributor {SDD) licenses permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol by volume, for consumption off the premises ·only. For your information, part of the investigation of the application is conducted by the local law enforcement agency and investigative forms will be released to them either in person or by mail. Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of this letter if the applicant location will not be in compliance with all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible due to other factors. All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable in this case, with a copy of the law and/or ordinance submitted with notification. PLEASE RETURN YOUR RESPONSE TO: Michigan Liquor Control Commission Licensing Division P.O. Box 30005 Lansing, Michigan 48909-7505 LC-3104 Rev. 6/90 4880-2068 nll RECEIVED: SEP 2 4 Z001 r.,USl\EGON Cltl M.ANAGiR'S C · • ' OFFICE Affirmative_ Action (231)724-6703 lF'AX: (231)722-1214 Am,essor/Equeilzatlon (231)724-6700 Jli'AJ(: (23!)726-5Hll Cemetery Department (23ll)724-6783 FAX: (231)726-56:J.7 City Manager (231)724-6724 FAX: (231)722-:l.214 Civil Service {231)724-6716 FAJ(: (231)72<t-4405 Clerk (231)724-6705 November 5, 2001 FAX: (231)724-4178 Community and Neigh. Services (231 )724-6717 FAX: (231)726-2501 Samei and Saib Btk Computer Info, 785 Mariwood Avenue Systems North Muskegon, MI 49445 (231)724-6744 FAJ{: (231)722-4301 Dear Samei and Saib: Engineering Dept. (231)724-6707 FAX: (231)727-6904 This letter is to inform you that your request to transfer ownership of the 2001 FtmmceDept. SDD-SDM license at 1500 Getty Street will be presented to the City Commission (231)724-6713 FAX: (231)724-6768 on November 13, 2001. This meeting begins at 5:30 p.m. and is located in the Commission Chambers, 933 Terrace, Muskegon, MI. WI.re Department (231)724-6792 FAX: (231)724-6985 This request has also been sent to the Oakview Neighborhood Association for .income Tax their comments. It is Commission practice to let the Neighborhood Association (231)724-6770 FAX: (231)724-6768 know of any liquor license requests that are located within their boundaries. This allows for comments from the people who live there and not just from the owners Inspection Services (231)724-6715 of the business' who are located there. FAX: (231)723-4371 Leisure Services If you have any questions, please feel free to contact me at 724-6705. (231)724-6704 FAX: (231)724-U96 Sincerely, Mayor'5 Office (231)724-6701 !FAX: (231)722-1214 Planning/Zoning (231 )724-6702 Linda Potter FAX: (231)724-6790 Deputy Clerk Police Deptartment (231)724-6750 FAX: (231)722-5140 Public Works Dept. (231)724-4100 FAX: (231)722-41B8 Treasurer's Office (231)724-6720 FAX: (231)724-6763 Water Billing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 O!y ofM111skegon, 933 'Jfenace §!,eel, i!'.'(]). Iflox 536, M111skegon, Mll 4'!443-0536 wvvw.shorellinecnity.com Affi~mnuv_.. Action (231)724-6703 JFAX: (231)722-1214 Asse5sorr/Equnli.:ation (23li)'724-il703 !FAX: (231)1'.Ui-5101 C!lmeteiry IDepai"tment (231)724--.'iifiJ JFAX: (231)726-5617 City Manager (231)724-6724 FAJ(: (231)72:Z..12]4 Civil Service (231)724-6716 FAX: (231)724-4405 Clerk (23i)724-6705 November 5, 2001 FAX: (231)724-4173 Community and Neigh, Services (231)724-6717 FAX: (231)726-2501 Mr. Steve Borstler, President Computer Info. Oakview Neighborhood Association Systems 1255 Fleming (231)724-6744 FAX: (231)722-4301 Muskegon,MI 49442 Engineering Dept. (231)724-6707 Dear Mr. Borstler: FAX: (231)727-6904 !FimmceDept. We have received a request from the Liquor Control Commission reference MK (231)724-6713 FAX: (231)724-6768 Party Store L.L.C. desire to transfer ownership of the 2001 SDD-SDM license from Star Five, Inc., at 1500 Getty Street. A SDM license permits the sale of beer !Fire Department (231)724-6792 and wine for consumption off the premises only; and a SDD license permits the FAX: (231)724-6985 sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol by Income Tax volume, for consumption off the premises only. On Tuesday, November 13, (231)724-6770 FAX: (231)724-6763 2001, the City Commission will review this request and determine whether or not it should be recommended for approval. Inspection Services (231)724-6715 FAX: (231)728-4371 You are being sent this notice because the City Commission would like to know Leisure Services how the Neighborhood Association feels and would appreciate any comments that (231)724-6704 they may have. You may send these comments to 933 Terrace, Muskegon, MI FAX: (231)724-1196 49440 or attend the City Commission Meeting on November 13, 2001, at 5:30 Mayor's Office (231)724-6701 p.m. in the Commission Chambers. FAX: (231)722-1214 Planning/Zoning If you have any questions, please feel free to contact me at 724-6705. (231)724-6702 FAX: (231)724-6790 Sincerely, Police Deptartment (231)724-6750 FAX: (231)722-5140 Public Works Dept. (231)724-4100 Linda Potter FAX: (231)7224188 Deputy Clerk Treasurer's Office (231)724-6720 FAX: (231)724-676ll Water !BIiiing Dept, (231)724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 Ci!y ofMus!rngo11, 933 'fenace §!me!, Jl'.O. IBlo>r 536, Muskego", MK 49443-0536 WWW .shore!lined!y .co1t1111 LIQUOR LICENSE REVIEW FORM L'-'-......C:.....-;;._•____ ._,5+-·----.Pu'-"'a"-"r~t'""'v_. . .,_..S__,_fo=--r'-'c>-J,J--=L:;,.,;,...... Business Name: _.,,_/V,.___.: AKA Business Name (if applicable): C ltN'f/Jfjx.. Operator/Manager's Name: _..,.)-=<._·_=a""-'m......,e~/__,±._-'.S----=q_...,.... J___ %___ f?..........._f..... Business Address: f_f/Oo tfetf~ Reason for Review: New License D · Transfer of Ownership ~ D Dance Permit Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: Police Department Approved @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 ~-- L . I ~ / o - .J I - 0/ Gail A. Kundinger, City Clerk Liquor License Coordinator SAIB S. BTK 9-91749 785 MARRYWOOD AVE. 720 552 639714864 MUSKEON, MI 49445 tt?Lto( DATE s11~n~E C -~, ,1c4 1lAs1e;/Lc'jo·r- --"1Ji,:i,,,·,A.a2_2J,1,i,.,.... 0 , ..,.,.,p'~l)/XG~\C~-1>,J,,~·.t'-li~---====-=-./.:'.:'::'..:~;"';:.__~-,;!J OL ARS @. =~=· ~laty® National City Bank t:>f Michigan/Illinois i<alamazoo, Michigan MEMO _ _ _ _ _ _ _ _ _ _ ~ 0552 / LIQUOR LICENSE REVIEW FORM ~''....L_j..t+- Business Name: _ __,,_·...L.rYJ· f.. .s 1 forr., L.. i-'--'"-/-'-'-'--- _•t-,1,·!-----:....,<....L...>"-'---''-+---'=-'-' I I - ·-1--!a14:"l..,_!" _ '!,_ !.,_I_{_ . (.. --- AKA Business Name (if applicable): Ci,r N''f/J fj_y_ Operator/Manager's Name: Business Address: 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: __________ Police Department Approved D Denied D No Action Needed D I ncome Tax Approved ~ Owing D Amount: - - - - - Treasurer Approved • Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_ ~-------------~--------- --' - - - - - - - - - - - Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM /;+Y--·$..,,.._.,_fr._1.__r,:...;;__,,L=..:...,..L""-'.'--'(,"'"""--'-·._ _ __ Business Name: --"-l}.,_7Z.,__,__,.5_·--+-/2....,.4_,_r• AKA Business Name (if applicable): Cl1N1'1•,1-IJ».:t. Operator/Manager's Name: :5·q172e, 1 ± -Sa ,j l?tt Business Address: 1""<00 6'ett~ Reason for Review: New License D • Transfer of Ownership ~ D Dance Permit Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ __ Deadline for receipt of all information: _________ _ Police Department Approved D Denied D No Action Needed D Income Tax Approved ~wingO Amount: T reasurer Approved D wing Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_ _A2_ 1.. .~,---~_. . . ___'J1/_ ~ ...... -v_1_jo_)_____ r7 Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM 1 Business Name: _ __;r_'.m..;_,r,' __ ..L...L._l,_·_1,_,aa4-"-rb..i ----"-- ...!_ _,_,._,_......._,_....,.~ .$far(".) L-I""'-'- .,._/.._-::..___ _ __ -1.-vC· AKA Business Name (if applicable): Ci,t r:ri3,1 Jj2 Operator/Manager's Name: .5·ame1 .J- -Sq ,j l?tt Business Address: 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: __________ Police Department Approved D Denied D No Action Needed • Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved ~Denied • Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature, r0/ --i'v a/ ~ Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM 1 Business Name: _ ____.._- ~' _,,__Jaa_,._:--!bJ. m-L.,;.J..-L!+-- -~L ~..,,:,! .Sfol"r>. '!.._ _ . c . _ _ __ L . fc..:........,../...,_'..:,._ ~"'-'--'"-+----'=-.:..J j AKA Business Name (if applicable): _,C: :. . · r_ll'.r,----' i..:..;.· r !,.; 1r_;fa ;e,::'---=.S~fa:::.....tr __s"'--:+·----'7' '----"""' -=~,.,=c'-',_ 7om1 Ujf)- Operator/Manager's Name: .s·ame, + 5q ,// . f?tt Business Address: /, (o O ,. ~ Qe t pi~ ,#lrt,S 4[j £Y1;, 1 J7ll Reason for Review: New License D · Transfer of Ownership ~ D Dance Permit Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: Police Department Approved D Denied D No Action Needed • Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D PendingZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature_ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ Gail A. Kundinger, City Clerk Liquor License Coordinator LIQUOR LICENSE REVIEW FORM 1 1 Business Name: _ _..._.,rn-<-·-<--<-_g1- ,t I I~·-Lf2a'4-L-::•fJ•'!_ _!_~-'!.. ,S for,. _....,....,_,,<....:.......,_ -'-'-.......... L.. l,c _,,=-'--" (..- - ' - - - - - - ) AKA Business Name (if applicable): Cit N 'r ,1 J;f;t. Operator/Manager's Name: _....)=<"-·q=m.....,e=- - 1 __,±._----=.S::;;...·=a_,_1.,_,,_J'--___.,_/i.L..L...-fL..1.): L... _ __ Business Address: Reason for Review: New License D • Transfer of Ownership ~ D Dance Permit Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deadline for receipt of all information: Police Department Approved D Denied D No Action Needed • 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 Afikmatlve Action (231)724-6703 liwi\o!fai+Mi@i#iirM" ill Complete items 1, 2, and ( / '.'3.~:complete !FAJ{: (231)722-1214 item 4 if Restricted Delivery_j i ~fisired. A•!i~!'lsor/Equniil'mtl.o11 11 Print your name and address on the reverse c. Signature (231)724-6700 ' so that we can return .the card to you. II Attach this card to the back of the mailpiece, D )\gent iF'A'K: (231)726-§131 X D Addressee or on the front if space permits. Cemetcry!Oeparlm.e11t D, Is delivery address different from itam 1? D Yes 1. Article Addressed to: t:-,0.lf YES, enter delivery address below: • No (231)724-6783 FAX: (231)7:Ui-5iil'l ,-/__·_. _tn:tul ~ i ~ 500:J<' 01'-']_ ~~'"~o,11 ~i,~W' :City Mimage?' --f I .. : µ..-':\:,,~~,II\ (23t)n-3-6n4 7/S-O ,:;,-,:uv//VL \II "c~'fl" FAX: (231)722-1214 /tJ /Jc;,,C ..,J.\l<~" C\\I ?, ~~!::=::;:========== Civil Servke (231)724-6716 FA¼: (231)724-4405 Y • 4 JO 00'/!T /J]1/ , f? 9 f- . '(\v 7.:;'tJS- Jl<i:i~ · 3. Service~Type . .,:. ~ i ~ D Express Mail D Return Receiptje• \1erchandise C(~c11/'//, y, /O f'f\G 'tJ' sured Mail • c.O.D. 51" 0 \\fl\,C'C'==::C:..:,'.":'"..--':::..C:--='------~ C!ei"k (231)724-6705 lj'O <;A\~~, 4, Restricted Delivery? (Extra Fee) • Yes FAX: (231)72~1'/8 · ·, 2. Article Number (Copy from service label) Community and November 16/> 70 oo OS ,RO oo/ :J Neigh. Service§ ···PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 (231)724-6717 FAX: (231)726-2501 Computer Info, Syatema Liquor Control Commission (231)724-6744. 7150 Harris FAX: (231)722-4301 POBox30005 Engineei"ing Dept Lansing, MI 48909-7505 (231 )724-6707 FAX: (231)727-6904 REF: #135565 Finance Dept. (231)724-6713 1500 Getty Street IFAX: (231)724-6763 Muskegon,MI 49442 Ffre Department (231)724-6792 FAX: (231)724-6985 To Whom It May Concern: Income Tux (231)724-6770 Enclosed is the resolution, police inspection report (LC-1800), print card and FAX: (231)724-6768 check for the liquor license change request mentioned above. Insperction Set"virces (231)724-6715 PAX: (231)728-4371 Please do not hesitate to cail me at (231) 724-6705 if you have any questions. Lelmrc Servirces (231)724-6704 Sincerely, FA¾: (231)724-1196 Mnyor's Office (231)'124-6701 FAX: (231)722-1214 Linda Potter Planning/Zoning (231)724-6702 Deputy Clerk FAX: (231)724-6790 Police Deptartment Enc. (231)724-6750 FA¼: (231)'122-5140 Public Works Dept. (231)724-4100 FAX: (231)722-4138 Trensui"er's Office (231)724-6720 FAX: (231)724-6768 Water Billing Dept. (231)724-6718 FAX: (231)724-6768 Water' Filtration (231)724-4106 FAX: (231)755-:5290 Cnly ofMus!cegm11, 933 'ferrnce §twee!, il".0. ll'lm, 536, Mllls!cego", Mil 49443-0536 www.•ho,eRiID1edly.coiJll1 lac· o[/ictso( _ __:::_c_c,=--'--L,_ PARM _ ___ENTER __ O'TOOLE 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443·0786 Phone 231.722.1621 • Fox 231.722.7866or728.2206 November 1, 2001 Major Metcalf, Fire Inspector Muskegon Fire Department Fire Prevention Bureau 75 W. Walton Avenue Muskegon,MI49440 Dear Major: Enclosed is the proposed ordinance adopting the International Fire Code for presentation to the city commission. If there are any questions, please call me. I ih1 herewith returning the 2000 edition of the International Fire Code to you. homas Jo i ct Dial: ~mail: gtj GTJ:mmf Enclosures c: Gail A. Kundinger / G. Thomas Johnson Christopher L. Kelly Keith L. McEvoy OfCounsd Rrtirtt! Paul T. Sorenson, 1920.1966 John M. Briggs, HI Lindo S. Koare Anno Urick Duggins Thomas J. O'Toole Robert L. Forsythe George A Parmenter, 1903-1993 Michael L. Rolf Philip M. Staffon Scott R. Sewick Eric J. Fouri Arthur M. Rude Cyrus M. Poppen, 1903-1996 George W. Johnson William J. Meier Jennifer L. Hyllond George D. Van Epps Harold M. Street, 1912-2000 W. Brod Groom James R. Scheuer!e Jeffery A Jacobson John C. Schrier G:\COMMON\5\GTJ\110101.doc CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2059 An ordinance to adopt the International Fire Code, 2000 Edition, and to re-adopt and retain Appendix II - C of the 1997 Uniform Fire Code THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Section 9-136. Adoption of the International Fire Code, 2000 Edition, and Adoption and Retention of Appendix II-C of the Uniform Fire Code, 1997 Edition. The City of Muskegon adopts for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, and for all other relevant purposes, that certain code known as the International Fire Code, 2000 Edition, together with and retaining and re- adopting Appendix II-C of the 1997 Uniform Fire Code. The said adoption and retention of the said codes is made except as amended by this ordinance. Copies of the said codes are on file with the City Clerk and the said codes, as amended, are made a part hereof as if fully set forth in this ordinance. Section 9-136.1. Rules for flammable and combustible liquids and underground storage tanks.· The City hereby adopts the State of Michigan rules for the storage and handling of flammable and combustible liquids promulgated by the Michigan State Fire Safety Board, and the Michigan Underground Storage Tank Rules, as adopted by the State of Michigan. Sec. 9-137. Supplemental Definitions. In addition to the definitions set forth in the International Fire Code, the following definitions apply: (a) Wherever the word "jurisdiction" or "name of jurisdiction" is used in the International Fire Code, it shall be held to mean the City of Muskegon. (b) Whenever the words "code official" are used in the International Fire Code, they shall be held to mean the position of City Fire Marshal or, if that position is vacant, the position of City Fire Inspector. G:\edsi\Fi les\00 I00\0 182\0RD IN\9U 1349 .DOC Sec. 9-138. Amendments to the International Fire Code. (a) Applications for permits. Applications for all permits required by the International Fire Code or this article shall be made at the office of the city clerk, and all fees shall be paid at the office of the city treasurer. The amount of such fees shall be as prescribed, from time to time, by resolution of the city commission. (b) Section 109. 3 of the International Fire Code is amended to read in its entirety as follows: "Violations and Penalties. Persons who shall violate a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be responsible for a civil infraction. Penalties which shall apply to civil infractions shall be a fine of $100 for the first offense, $250 for the second offense within one year of the first, and $500 for each subsequent offense within two years of the first offense. Each day that a violation continues after due notice has been given shall be deemed a separate offense. In addition to the imposition of penalties and responsibility for civil infractions the city is authorized to institute appropriate actions to prevent unlawful construction or to restrain, correct or abate a violation, to prevent illegal occupancy of the structure or premises or to stop an illegal act, conduct a business or occupancy of a structure on or about any premises." (c) Section 110 of the International Fire Code concerning unsafe building is amended to read in its entirety as follows: "Unsafe Buildings. Buildings or 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 110, unsafe buildings. Such unsafe buildings are hereby declared to be public nuisances and .shall be abated by repair, rehabilitation, demolition or removal. The procedures and standards specified in chapter 4 of the Code of Ordinances concerning dangerous buildings shall apply." · (d) Section 111.4 of the International Fire Code is amended to read in its entirety as follows: G:\edsi\Files\00 I 00\0 I 82\ORD IN\9U 134 9 .DOC I I I. 4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, shall be responsible for a civil infraction carrying the same penalties as set forth in subsection (b) above. Sec. 9-139. Modifications. The Code Official, with consent and knowledge of the chief of the fire department, shall have power to modify any of the provisions of the International Fire Code, upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the codes, provided that the spirit of the codes shall be observed, public safety secured and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the fire marshal or the fire inspector thereon, shall be entered upon the records of the fire department and a signed copy shall be furnished the applicant. Sec. 9-140. Appeals. Section 108 of the International Fire Code is amended to read in its entirety as follows: Whenever an application is disapproved or the granting of a permit under the fire prevention code or the International Fire Code or Appendix II-C of the 1997 Uniform Fire Code is refused, or when it is claimed that the provisions of the said codes do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal to the Construction Board of Appeals of the city in accordance with their authority as set forth in Ordinance 2051 adopted August 28, 2001 and effective September 18, 2001. Appendix A, concerning a board of appeals, set forth in the International Fire Code, is not adopted by this ordinance and is deleted. Sec. 9-141. The provisions of the Code of Ordinances previously in effect including Sections 9-136 through 9-145 are hereby superseded by this ordinance and repealed. This ordinance adopted: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd Nays: None Adoption Date: _ _,1----'1-=--'-1ce3-'--'0'--1'------------ Effective Date: ---'-"~'---"--'---------- 12-1-01 G:\edsi\Files\00 l 00\0 182\0RD fN\9 U ! 3.19. DOC First Reading: 11-13- 01 Second Reading: -----"N'--'---'--'A_ _ _ _ _ _ _ __ By: ~o CITY OF MUSKEGO~ Gail A. Kundinger, Clerk .µJ 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 13t h day of November , 2001, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. Dated: _____,N'"'""'o"-'vc..e=m= :, b-= er._-'--'13"---_ _, 2001 Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. G:ledsi\Files\00 10010 182\ORD rN\9U1349.DOC CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL INTERESTED PARTIES Please take notice that on November 13 , 200 I, the City Commission of the City of Muskegon adopted a revised fire prevention code, which provides in summary form as follows: Section 9-136 adopts the International Fire Code, 2000 Edition, and Appendix II-C of the 1997 Uniform Fire Code concerning marinas. Copies of the codes are available at the City Clerk's Office for examination, copying and purchase at reasonable prices. Section 9-137 provides for certain definitions. Section 9-138 provides for ce1iain amendments to the International Fire Code. They include: Section 9-138 (a) Applications for permits are to be filed with the City Clerk. Section 9-138 (b) provides for penalties. Violations of the codes constitute civil infractions carrying penalties of $100 for the first offense, $250 for the second offense, and $500 for the third offense within two (2) years. Section 9-138 (c) provides for unsafe buildings and abatement of unsafe buildings pursuant to the dangerous building ordinance of the city. Section 138 ( d) provides for failures to comnply with stop orders and other directins of the Code official. Section 9-139 provides for modifications to the codes by the Code Official. Section 9-140 provides for appeals to the Construction Board of Appeals. Section 9-141. The present fire prevention code ordinance is superseded and repealed by this ordinance. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (I 0) days from the date of this publication. CITY OF MUSKEGON Published: _,_,N"'o"-ve"'m,,.b.,_.e,,,r----"2c-'1___ , 2001 By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Its Clerk -------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE. G:\EDSI\F!LES\00100\0182\ORDIN\9U1347.DOC Date: 11/01/2001 To: Honorable Mayor and City Commission From: Kelly Defrench, DPW Supervisor RE: 2002 Police Patrol Car Purchase SUMMARY OF REQUEST: Purchase 1O Ford Crown Victoria Patrol Cars from Vollman Ford, State purchasing contract, at $20,942.00 each for a total of $ 209,420.00 FINANCIAL IMPACT: $ 209,420.00 (Equipment Fund) BUDGET ACTION REQUIRED: $ 206,250.00 is budgeted for this purchase. The additional $3, 170 will be adjusted from other budgeted equipment purchases for 2002. STAFF RECOMMENDATION: Purchase of 10 Patrol cars from Vollman Ford for a total of$ 209,420.00, to replace existing units. 2000 State Purchasing Contract/ per unit--$20,515.00 2001 State Purchasing Contract/ per unit --$20,942.00 2002 State Purchasing Contract/ per unit --$20,942.00 Patrol Cars 2002 ·-- ----------- --- -- - - - --- State Bid Vollman Ford $20,942.00 X 10 Units $ 209,420.00 -·-- - - - --------------- ---- Oakland County Vollman Ford ------- --- - $21,081.00 ----- -- -- ---- ----------- ---- . __ ,,,.. $210,810.00 ------- Macomb County 1-- - -- .. --- - ------.. ------ -- - -------------- ------- -- Signature Ford $21,196.30 $211,963.00 --- ---------- - ---- -- -- ·-- -- -- ---- --- --------- - - ------- 10 Patrol Commission Meeting Date: November 13 2001 Date: October 23, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development CC:l, RE: Purchase of 425 W. Delano St. - Seaway Industrial Park SUMMARY OF REQUEST: To purchase property located at 425 W. Delano Street pursuant to the City of Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a purchase agreement signed by Marie Thompson, 425 W. Delano Street, Muskegon, Michigan on October 18, 2001. The purchase price is $49,225. FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to purchase this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To grant approval of the attached resolution consenting to the purchase of 425 W. Delano Street for the development of the Seaway Industrial Park. COMMITTEE RECOMMENDATION: None 10/23/2001 Resolution No. 2001 -1 29(g) MUSKEGON CITY COMMISSION RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 425 W. DELANO STREET FOR $49,225 WHEREAS, the City of Muskegon and Marie Thompson have entered into a purchase agreement for property located at 425 W. Delano Street, Muskegon, Ml; and WHEREAS, the purchase of property located at 425 W. Delano Street, Muskegon, Michigan, is consistent with the City's goal to create the Seaway Industrial Park; and WHEREAS, the City of Muskegon intends to utilize State of I\Jlichigan Urban Land Assembly funds for the purchase of the subject property. NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize purchase of property located at 425 W. Delano Street, Muskegon, Michigan for the amount of $49,225. Adopted this 13th day of November 2001. AYES: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd NAYS: None ABSENT: None BY: ATTEST: L I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on November 13, 2001 . ~ · ~g,J Gail Kundinger, Clerk 10/23/01 J.S >f~\fd ------------ _________________________ J-- ~a A'v'M\f3S REAL ESTATE PURCHASE AGREEMENT 2001-129(g) THIS AGREEMENT is made {f_}, /,,ih/,( I£ , 2001, by and between Marie Thompson, of 425 W. Delano Avenue, Muskegon, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property ("Premises"), in the City of Muskegon, Muskegon County, Michigan, specifically described as: YOUNG & WILLIAMS ADDITION WL Y 55 FT WAALKES ST LYING BTW BLKS 3 & 4 AND THEE ½ LOTS 1 & 2 BLK 3 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 Forty-nine Thousand Two-Hundred Twenty-five ($49,225), payable in cash or city check to Buyer at Closing. 3. Taxes and Assessments. All taxes and assessments which are due and payable at the time of Closing shall be paid by the Seller prior to or at Closing. All taxes and special assessments which become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the 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 the 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 the Buyer's option. The premium for the owners title policy shall be paid by Buyer. S. Personal Property and Fixtures. All personal property and fixtures which the Seller wishes to remove shall be removed on or before Closing. The parties are aware that the Buyer intends to demolish the house. Any personal property which is left on the Premises shall be the property of Buyer who may dispose of same. 6, Survey. Buyer, at its own expense, may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Environmental Matters. Seller represents and warrants to Buyer as follows: To the best of Seller's knowledge, the Premises have been used and operated in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health and the environment. Seller has not disposed of any hazardous or toxic substances on or in the Premises and, to the best of Seller's knowledge, the Premises and the groundwater beneath the Premises is free from environmental contamination of any kind. The Premises does not include any "underground storage tank," as that term is defined by state or federal law. Such representations and warranties shall be deemed to have been made again by Seller as of the Closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the Closing. 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," SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON. 9. Real Estate Commission. Seller shall be solely responsible for any real estate commission or expenses of a broker or real estate consultant retained, employed, or utilized by Seller. Seller agrees to indemnify and hold the Buyer harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such real estate commission or expenses arising from this transaction. 10. 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. 102, Muskegon, Ml 49444. The parties shall execute an IRS Closing Report at the Closing. 11. Delivery of Deed. Seller shall execute and deliver a warranty 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 no later than _ _ _ _ _ __ 14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the cost of recording the warranty deed to be delivered at Closing. 15. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Merger. It is understood and agreed that all understandings and agreements previously made between the Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. c. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. d. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. e. 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. f. 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. g. 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: BUYER: CITY OF MUSKEGON By k-A--< ,,?~- ~ Fred I ise~, ~ayor By Q.tl,, - ~V'hv- Gail A. Kundinger, Clerk SELLER: ·-~rrv u\_ul -rh.{)fV\ Marie Thoi:npso~ b)_) c :1 c,__, (SS# ·31c.1/ i l 1 -.JG,S O) Commission Meeting Date: November 13, 2001 Date: October 29, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development elf_,,, RE: Purchase of 2001 Park St. - Seaway Industrial Park SUMMARY OF REQUEST: To purchase property located at 2001 Park Street pursuant to the City of Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a purchase agreement signed by Carina James, 2001 Park Street, Muskegon, Michigan on October 23, 2001. The purchase price is $38,283. FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to purchase this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To grant approval of the attached resolution consenting to the purchase of 2001 Park Street for the development of the Seaway Industrial Park. COMMITTEE RECOMMENDATION: None 10/29/2001 Resolution No. 2001- 129 ( h) MUSKEGON CITY COMMISSION RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 2001 PARK STREET FOR $38,283 WHEREAS, the City of Muskegon and Carina James have entered into a purchase agreement for property located at 2001 Park Street, Muskegon, Ml; and WHEREAS, the purchase of property located at 2001 Park Street, Muskegon, Michigan, is consistent with the City's goal to create the Seaway lndustriai Park; and WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly funds for the purchase of the subject property. NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize purchase of property located at 2001 Park Street, Muskegon, Michigan for the amount of $38,283. th Adopted this 13 day of November 2001. AYES: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd NAYS: None ABSENT: None BY: F~ ~ ~ ·,' ATTEST: Gail Kundinger, Clerk a I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on November 13, 2001. ~ . / a.1- +<.....----~~ Gail Kundinger, Clerk 10/29/01 -------- --------- ----- ---------- ________ ]- t/0 A'v'M'v'3S r-----7r---~ ---- 2001-129(h) REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made (lt,4·iw1~ •:3-'1 .,v20 / , 2001, by and between Carina James, of 2001 Park Street, Muskegon, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property ("Premises"), in the City of Muskegon, Muskegon County, Michigan, specifically described as: Young & Williams Addition, Lot 1, Block 1, City of Muskegon 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 Thirty-Eight Thousand Two Hundred Three ($38,283) Dollars, payable in cash or city check to Seller at Closing. 3. Taxes and Assessments. All taxes and assessments which are due and payable at the time of Closing shall be paid by the Seller prior to or at Closing. All taxes and special assessments which become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the 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 the 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 the Buyer's option. The premium for the owners title policy shall be paid by Buyer. 5. Personal Property and Fixtures. All personal property and fixtures which the Seller wishes to remove shall be removed on or before Closing. The parties are aware that the Buyer intends to demolish the house. Any personal property which is left on the Premises shall be the property of Buyer who may dispose of same. 6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termir,ation of this agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Environmental Matters. Seller represents and warrants to Buyer as follows: To the best of Seller's knowledge, the Premises have been used and operated in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health and the environment. Seller has not disposed of any hazardous or toxic substances on or in the Premises and, to the best of Seller's knowledge, the Premises and the groundwater beneath the Premises is free from environmental contamination of any kind. The Premises does not include any "underground storage tank," as that term is defined by state or federal law. Such representations and warranties shall be deemed to have been made again by Seller as of the Closing. Seller agrees to indemnify Buyer and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the Closing. 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 BEnNEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON. 9. Real Estate Commission. Seller shall be solely responsible for any real estate commission or expenses of a broker or real estate consultant retained, employed, or utilized by Seller. Seller agrees to indemnify and hold the Buyer harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such real estate commission or expenses arising from this transaction. 10. 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. 102, Muskegon, Ml 49444. The parties shall execute an IRS Closing Report at the Closing. 11. Delivery of Deed. Seller shall execute and deliver a warranty 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 no later than 30 days from the date of closing. 14. Costs. Buyer shall be responsible to pay the Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the cost of recording the warranty deed to be delivered at Closing. 15. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Merger. It is understood and agreed that all understandings and agreements previously made between the Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. c. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. d. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. e. 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. f. 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. g. 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: BUYER: CITY OF MUSKEGON Sy? fl-.'-v,.. Ki2.A..,~ s){_ -::fO ~'rd\ ,, _{ ', - \;::n, !Ce\)()".,)(:, By~~9:~ By Fred,J. Qz:: Gail A. Kundinger, Cler Carina ,James j .. . (SS# . 31' 1o ~,2/Jcd() I' , l (SS#_ _ _ _ _ _~ Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Engineering RE: Request for Encroachment Agreement @ 851 W. Laketon Ave. SUMMARY OF REQUEST: Mr. Barteau, owner of 851 W. Laketon, has submitted the attached encroachment agreement form requesting your permission to install an awning on the Laketon Ave. side of the aforementioned building. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement. COMMITTEE RECOMMENDATION: !)._oo I ·-/.:). 'IO) CITY OF MUSKEGON I/. /J -v; ENCROACHMENT AGREEMENT AND PERMIT THIS AGREEMENT is made and entered into this 4 day of and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and {)a rkc,u lJ p\-i O l s.-/e B '7 (hereinafter called LICENSEE). RECITALS 1. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or owned by the City of Muskegon, the encroachment being described as . / 85 \ '-\C\ '-I Ll l ~ J 9 '1 \ s-5 /4 ;{,,k1 d-t e. .s~ >If,. 2. The City-owned or controlled property (herein "property") subject to the encroachment is described as: [please inse1i a general description, and if required by the city, an accurate legal description] 3. The City is willing to grant such privilege upon the terms and conditions herein. This agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to any encroachment on public ways or prope1iy. THEREFORE, 1. City does hereby grant unto LICENSEE the privilege of_constructing, _ __ installing, _ _ maintaining, _ _ _ repairing _ _ performing all necessary functions relating to the encroachment, and for that purpose to enter the property, for the term hereing stated. This 1 privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only after approval of this agreement by the City Commission and delive1y to the City of the required evidence of insurance coverages. This grant is subject to the following special conditions: _ _ _ _ _ _ _ _ _ _ __ 2. That LICENSEE shall pay to the City for the privilege hereby granted the sum of_ a{\.P ~u\J\Jf£ cb Dollars($ lu::i() u ), such payment to be made upon the signing of this agreement to be dated as of the J!}_ day of ~,~5~.<5,._,_\"~·C~---- 20n.i,_, to the City Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to terminate the first day of May, - - ~ unless sooner terminated as hereinafter provided. 3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or awards brought against or charged to the city by any person, firm or corporation on account of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation in force at any time, including futme times. 4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan, naming City as an additional insured on any such policy. LICENSEE will file with 2 City certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide that the City shall be given thirty days written notice before a cancellation or change in coverage may occur. The types of coverage and coverage limits to be required shall be as follows: 5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the city a bond conforming with the requirements of any ordinance, and shall keep same in force during the entire term of this agreement. 6. The privilege hereby granted may be canceled and revoked by the CITY at any time upon giving said LICENSEE_ days of written notice of such cancellation and revocation. 7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in writing to the city ____ days prior to such surrender; provided, however, that upon the voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in such restoration. 8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be performed hereunder, the privilege hereby granted shall immediately terminate and become null and void. 3 9. This agreement sh.al be binding upon the respective heirs, representatives, successors and assigns of the parties hereto. Witnesses: CITY OF MUSKEGON 4 - ~)j¢o8o. DA111 (IIIWIIOMl K L.•,-.•.••••·•••••o••o ,o.o•o"'' ,,.,. 10 16 01 l> RMA N ONLY ANO CONFERS NO RIGHTIII UPON '1111! CElfflf'ICATii CLOETINGH-SEAWAY GENERAL IIOLOEIL 11118 CERTIFICATE DOES NOT AIIIEND, IEXTI!ND OR AGENCY INC Al.TIER TIii! C:OYIEAAOI! Aff'OflllEI> l!IV 1111! l'OUCll!S IIEI.OW, 1275 PECK STREET - MUSKEGON MI 49441-2198 CITIZENS INS-REGIONAL BUS CTR BARTEAU UPHOLSTERY & FABRIC BILL BARTEAU 851 W, LAKETON AVENUE MUSKEGON MI 49441 COMPAHY II ;_:;.;<❖C<t❖:<C;·~~w.«~-,)*tf1W%1Wiia\1fk~tt~£W&Wiflffilf.Jtl&1fhi1}!fairttltWX¼filft.1~Mff.½1wifk'Wwfl&~~~~!![Wl¥J~Tui~1%tfMff!.1%¥I~~ti*M@'i&¾1tit~~*'&f ~i~! fi~~%t.: ll06 IS TO CeR11fV WAT THE POUCIES OF INSURANCI! USTED BELOW WIVE BEEN ISSUED TO '!He INSURED NAMED ABOVE FOR ntE POUCY PER!OO INDICATED, NDTWITIISTANDING ANY REOUIREMENT, TERM OR CONOffiDN OF ANY CONTRACT OR OTHER DOCUMENT wm, RESPEITT TD WHICH lHIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, ffi£ INSURANCE AFFORDED BV THE POUCIES OESCRlaED HEREIN 18 SUBJECT TO Al.L THE TERMS, ..... co ........_UASIUTY X CCMMEOCW. ......... WllllU!Y ............. l]JOOOUR -- EXCLUSIONS AND OOHOmON8 OF SUCH POUCIE8. UMrr& SHOWN MAY HAVE BEEN REOU0£0 av PAID a.AIM8. MPC0555777 3/22/01 3/22/02 Gl!:NEIW. AGG.ftf!OATE PA00UCT8 • et)Mfl,OP AGO PER80fW. & NJV INJURY ........ •2 000 000 •2 000 000 •1 000 000 OWNEWa a. O()H'mACTOR'e PROT .,..,.. .,,........."" •1 000 000 RAE DAMMlE (Any ont In) I 100 000 MBJEXP(Al't;Ot19p$1'$0i'll • 5 000 ....................... NNAUro AU OWNED AlJT04 """""""' AUro8 HIRED AUIOS NON-OWNW AUro8 -y- _._.IJMIT ...,_, ...,_ BOOILVtwRV • • • PftOflfflTV OAMAGe • AlITO OM.V • EA ACCfDEN'I' ontBI THAN. AlltO ONl.Vi """' ACCKIENT • AQGREGATI! EACH 0C(:tJ•A"""4 •• _,.,.. • ..... "'"' - l1E&CRIP110N 0¥ O f e t A n o H M , . O C A ~ rn£M8 CITY OF MUSKEGON IS LISTED AS ADDITIONAL INSURED ON THE GENERAL LIABILITV IN REGARDS TO THE INSTALLATION OF AN AWING AT THE ABOVE INSURED'S LOCATION. IHOUt.D MY OF 'Pl! MOW DIICN9ID POi.JCfU Bf. CAN(';l1 I PD aaORE. THE CITY OF MUSKEOGN ERPIRAnott OAlE ntlRIEOF, THIE IAU'liHGI CQWMV WILL DlilfA'f'OII TO WUI.. 993 TERRACE .l.Q_ DAYS WMTDI NOl1CE TOM CDYIACATE ltOI.Dffl MARIi) TO 1HE LEPT, MUSKEGON, MI 49442 BUT FAUJR.E TO MA&. 8UCM NOTICe 1HAU. MIOff HO OIIUOA110N Oil L1A81U1Y .. - -I 68lT-8Zl(l8ll AlcJl'Hns HSI-I I 1307::J dSE'ED lO 9T ~oo ~ ~ N - -~ ~ ~ ~ ""~ ~ ~ ~ _,. ~ "'I /- ~ r . - ............. -------- ···-·- ---- ····------- C=) ~ <-J'l .,t:.-·Il . . ' - "" 5 '</\ l• . 4' . \·· ', ,rS~ -}" r--- -J.J t'... . ....~...).l t~ J\ , .• °'\- - rr ' i !' ' ~ "' '-'J I' ~ ,;-- ~ ---...... ""'' "'- 't: N ~ ~ ~ ~ ' J_ ----------- ----· - - - - - - - - - · - - - - - - - ·- ------ ------·--- - ·-·~---------- --------- ·-·------ 8 Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request Wood Street Market 1149 Wood Street SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from Steven Cornell to transfer ownership of the 2001 SOM license from deceased Janice M. Cornell. Mr. Cornell was appointed Personal Representative at the September 11, 2001, Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All Departments are recommending approval. ilfflrmat Ive ,\ ct1011 72'1-6103 Assessor 724-6708 Cemetery 724-670:J West MJchigan's Shoreline U ty Civil Service 724-67Hl October 29, 2001 Clerk 724-6705 To: The City Commission through the City Manager From: /2 _ L. I ~ Engineering 72•1·6707 AntRtny L. Kleibecker, Chief of Police Re: Liquor License Transfer at 1149 Wood Street Firn.:111cc 72+6713 The Muskegon Police Department has received a request from the Michigan Liquor l'lre Ocpt Control Commission for an investigation from applicant Steven Cornell of Wood Street 724-6792 Market, 1149 Wood Street, Muskegon. C. N. Services Steven C. Cornell is requesti ng to transfer ownership of 2001 SDM license from Janice 724-6717 M. Cornell, who is deceased, to Steven C. Cornell located at 1149 Wood Street. lnspcct1011s This transfer request comes after a request dated May 3 1, 2001 when Steven C. Cornell 724·6715 asked to be appointed as Personal Representative for deceased licensee Janice M. Cornell. During that process a background investigation was completed and a fingerprint card was submitted. A check was also submitted to the City of Muskegon in the amount LeisureService 724·1i7(J,J of $250 during that process. We fi nd no reason to deny this request. ~tanager's ornce 724-6724 Mayor·sornce TK/cmw 724-670 1 l'lannlng/Zonl11g 724-6702 Police Dept. 724-6750 Public Works 72G-4781i Treasurer 724-6720 1Vatr 1· Dcp1. City of Muskegon, P.O. Rox 53G, 980 ,)ClTCl'SOll S lJ'CCl, Muskegon, Miclliga11 4944 3-053G 724·(l7(l) MEMO To: Chief Tony Kleibecker From: Det. Kurt Dylanan Date: 10-5-01 Re: Liquor License Transfer Chief Kleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant Steven Cornell of Wood Street Market, 1149 Wood Street, City of Muskegon MI, 49441. Steven C. Cornell request to transfer ownership of 2001 SDM license from Janice M. Cornell, deceased, to Steven C. Cornell located at 1149 Wood Street, Muskegon, MI. 49442, Muskegon County. This transfer request comes after a request dated May 31, 2001 when Steven C. Cornell asked to be appointed as Personal Representative for deceased licensee Janice M. Cornell. During that process a background investigation was completed and a fingerprint card was submitted. A check was also submitted to the City of Muskegon in the amotmt of $250 during that process. This investigator finds no reason to deny this request. Respectfully submitted, ~ - --7 __,.,-- /e~,~~ ~~ Det. Kurt Dykman data/common/Cornell2 H.:i.-CB:x:c.u~N DEFAR'E'Mlaf'r OJ!' COHSUMER & lCND'DIS"t':R.'X' , __ .. :· ' LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 V-ow-;;, 1-(L Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST +-4Yl)l--·-pa, (Authorized by MCL 436.1(4)) -, U';)i+tt DATE:September 28, 2001 REQUEST ID# 125764 Chief of Police Muskegon Police Department 980 .Jefferson Street Muskegon Mi 49440 Chief of Law Enforcement Office Applicant: Steven c. Cornell request to tranfer ownershi.p of 2001 SDM license from .,_J'~_ri,i~~ lt.• -~ornell deceased to Steven c. Cornell, located at 1149 wood Muskegon, Mi 4~~ffe2 1 ~~~~egon county. Please·make an investigation of the application. If you do not :believe --~hat. the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor LicfEins~ ·Re~est, LC-1800, or for Detroit police, the Detroit Police Invest.J.gat,:ii:lf)· of License Request, LC-1802. If there is not enough rotirn:;q,1f,:t-,11~;rc,nt of the form, you may use the back. Forward yout report and recommendations of the applicant to the Licensing J~,\yision. ,,.,,,:,,;,,. .,·_.,,,,, ',) .-- . If :I(~"\! J}DY~ JI~:\' questions, contact the Licensing Division at (517) 322:J~Q9, af-~i.10:00 a.m • • -v ·,::,···,, '"J ', ··- • . . ,,,,., ,., .••. ,. :,:~{'". •: "[ .:,.:.· ' '.'' . ',,:. . \'' .·.,' LC-1?'1a ~,J, ft~~ . 4880-16511 '" ·--,·~ -:- : 1111 lO"d 6S:6 10, S PO L£T9-cc£-LTS:XE~ JJl LCC Fax:517-322-6137 Oct 5 '01 9:59 P.02 \ __, ~;gan Department ol Consumer & Industry Services LIQUOR CONTROL COMMISSION 7 POLICE INSPECTION REPORT ON LIQUOR LICENSE REQUEST ~~gtt~~~~t (Authorized by MCL 438. 7a) Lansing, Michigan 48909•7505 Important: Please conduct your investigation as soon as possible and complete all four sections of this repon. Return the completed report and fingerprint cards to the Commission. 125764 BUSINESS NAME AND ADDRESS: (include zip code) 1149 WOOD, MUSKEGON, MI 49442 MUSKEGON COUNTY REQUEST FOFt TRANSFER OWNERSHIP OF 2001 SOM LICENSE FROM JANICE M. CORNELL \ ·Section 1. ·· · APPLICANT INFORMATION I APPLICANT 111: APPLICANT #2: STEVEN C. CORNELL HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS ANO AAEA CODE/PHONE NUMBER: 1606 RUDO!MAN DR BNORTH MUSl<EGON, MI 49445 231 7u4 3376 DATE OF BIRTH: L/ - 2 2 - ~_s· OATE OF' BIRTH: If the applicant is not a U.S. Citizen: It the applicant is not a U.S. Citize n: o Does the applicant have permanent Resident Alien sta1us? o Does the applicant have permanent Aesi_dent Alien 5tatus? D Yes ONo 0 Yes O No o Does the applicant have a Visa? Eanter starus: o Does the applicant have a Visa? Enter stalUs: Date fingerprinted: Date fingerprinted: I Attach the fingerprint card and $15.00 for each card and mail to the Liquor Control Commission. I ARREST RECORD: 0 Felol'ly D Misdemeanor ARRl:ST RECORD: 0 Felony O Misdemeanor En1e, record of all arrests & convielions (attach a signed end Enter record of all arrests & convictions (attach a signed and dated 1epon if more space i1> needed) dated repon ~ more space is needed) I Section 2. Investigation of Bueineee and Addreaa to be Licensed I Can living quarters be reached from the inside of the establishment without going OUl5ide? 0 Yes .,Pi:f No Does applicant intend to have dancing or entertainment? No O Yes. complete LC·693N, Police Investigation Aepon: Dance/Entertainm1mt Permit Are gas pumps on the premises or diree11y adjacent'? No D Yes, explain relationship: ISection 3. Local 11nd State Codes arid Ordinances, and General Recommendations J Will the applicant's proposed location meet o1II appropriate state and local building. plumbing. zoning. fir1:1, sani1ation and health laws and ordinances, ii this license is granted? IX! Yes D No If you are recommending approval subject to cenain conditions, list the conclilions: (Anacn a slQnoo ano ciatad ,Qj)On 1r mo,e space Is rniG<leO) [ Section ·4, Recommendation From your investig.11.ion: 1. Is this applicant qualified to conduct this business tt licensee!? Yes ;{1 O No 2. Is the. proposed location setis1aciory for this business? jg]_ Yes O No 3. Should 1his request be granted by the Commission? ~ Yes O No 4. If any of the above 3 questions were answered no, state your reasons: (Anae11 a sigroeo ano oa1e<1 repon II more "'ace is neeoeo) A · L- . t ~ t'/ - (.. - ,<.:;/ Slgnalurw (Snonn.~;o1 ol Poti<;o) . Oate :l MICNIGAN OE?ARTMENT Of' C,OMMERC:E J..lOUOA. CONTROL COMMISSION !RESOLUTBON 2001-J:30(b) ==- ______ meeting ot the At a -"""'R""e""g"""u-la""r...._ City Commission (R,,gul~f• or Sjlaciall _ (Townat,lp Bawd, CJr, ol \/lllllge Counc:JII called to order by --'-'M=a....v""'or"-~N.;i-e_l=s..;;;.e=n___ on ---'N:. :. :o: . ;v:. .: ea:!.!m.:.: :b:. :.e"'"r--'13:a:..., -' . .!:2,. ,.0:. :.0'-'-1_ _ at 5 : 30 ? .M~ the following resolution was offered: Mo~ed· by Commissioner Schweifler and Supported by Commissj o·ner Benedict That the request from Steven C. Cor nell to t r ansfer ownership of 2001 SDM License from -Janice M. Cor nell deceased, located at 1149 Wood, Muskegon, MI 49442, Muskegon County . be considered for A roval Approval Disapproval Yeas: 6 Yeas: Nays: Nays: Absent: .0 Absent: It is the consensus · ot this legislative body that the application be Recommende~d,.___ (fl"omm•n<lff ot ____________ for issuancs. · not Recammendedl State ot Michigan ) SS County at Muskegonl I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission at a _ _ ____!!R:: :e0g!::!u-=l3a!..r__. . .,. . .________ L (A"l!lllllt or Specialt meeting held on the of November , . 200 1. 13th day (Oatal (Signed} .. ~ .J · Q. ·-···-),...,.~_ nanop. CIIY, or Vollnge Clarttt Gail A. Kundinger, City erk 933 Terr ace (Adclr- al Tawnanlp. City or v,nago Boatdt . SEAL Muskegon, MI. 49440 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 933 Terrace St September 28, 2001 Box 536 REQUEST ID# 125764 Muskegon, MI 49443-0536 The Liquor Control Commission has received an application from: Steven C Cornell request to tranfer ownership of 2001 SDM license from Janice M. Cornell deceased to Steven c. Cornell, located at 1149 Wood Muskegon, Mi 49442, Muskegon County. Home address: 1606 Ruddiman Dr, North Muskegon, MI 49445 231 744 3376 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, ol:'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 submitte.~ with notification. PLEASE ~ETURN YOUR RESPONSE TO: Mic::htgan J:,iq11qr.Control Commission Licensing Qivision P.O. Box 30005 . Lansing, Mic::higan 48909-7505 LC-3104 Rev. 6/90 4880-2068 nll AIN'h'matlve Action (231)724-6703 lFA.X: (231)722-1214 Asso2ssorl!Zqu11 i!zat[oil (231)724-6708 WAX: (231)726-Sl8l C.imeteey Department (23i)n4-\J7ll3 fA1{: (231)i'.Uia5617 City M1.mager (Z3ll)724-6n4 FAX: (231)722-1214 Civil Service (231)7'1.4-6716 FAX: (231)724-4405 Clerk (231)724-6705 November 5, 2001 FAX: (231)724-4178 Community ond Neigh. Services (231)724-6711 lFAX: (231)126-2501 Ms. Renee Pastoor, President Computer Info. McLaughlin Neighborhood Association Systems POBox244 (231)724-6744 FAX: (231)722-4301 Muskegon, MI 49443 Engineering Dept. (231)724-6707 Dear Ms. Pastoor: FAX: (231)727-6904 Finance Dept. We have received a request from the Liquor Control Commission reference (23 i )724-6713 Steven Cornell's desire to transfer ownership of the 2001 SDM license at 1149 FAX: (231)124-6768 Wood Street (Wood Street Market) from deceased Janice M. Cornell. A SDM Fire Depnrtment (231)724-6792 license permits the sale of beer and wine for consumption off the premises only. FAX: (231)124-6985 On Tuesday, November 13, 2001, the City Commission will review this request !ncomeTax and determine whether or not it should be recommended for approval. (231)724-~770 FAX: (231)724-6768 You are being sent this notice because the City Commission would like to know ilnspection Services (231)724-6715 how the Neighborhood Association feels and would appreciate any comments that FAX: (231)728-4371 they may have. You may send these comments to 933 Terrace, Muskegon, MI !Lelsui'e Servlces 49440 or attend the City Commission Meeting on November 13, 2001, at 5:30 (231)124-6704 p.m. in the Commission Chambers. FAX: (231)724-1196 Mayo1·'s Office (231)124-6701 If you have any questions, please feel free to contact me at 724-6705. FAX: (231)722-1214 Planning/Zoning Sincerely, (231)724-6702 FAX: (231)724-6790 Police Deptartment (231)724-6750 FAJ{: (231)722-5140 Linda Potter Public Works Dept. Deputy Clerk (231)724-4100 FAX: (231)722-4188 Treasurer's Office (231)724-6720 FAX: (231)724-6768 Water Billing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 Cily ofwilUJmkegon, 933 Terrace Street, l!'.0. llox 536, Muskegon, Mil 49443-0536 www.shorelinecity.com Affirmative 'Action {23Jl.)'124-ll703 iFAJ;:: (231)72:M214 AHemmr/iEquolb:nt!on (23ll)7Z4-ll701J FAX: (23])726-:mn Cemetery Department (231)724~6783 ]i,A)'{: (231)126-5617 Clty Mmuiger (231)72th'i724 FAX: (231)722-1214 Civil Service (231)724-6716 FAX: (231)7244405 Clev-k (231)724-6705 November 5, 2001 FA:X: (231)724-4178 Community imd Neigh. Service§ (231)724-6717 FAX: (231)726-2501 Mr. Steven Cornell Computer Info. 1606 Ruddiman Drive Systems North Muskegon, MI 49445 (231)724-6744 f,'A}'{: (231)722-4301 Dear Mr. Cornell: Engineering Dept, (231)724-6707 FAX: (231)727-6904 This letter is to infmm you that your request to transfer ownership of the 2001 Finance Dept. SDM license at 1149 Wood Street will be presented to the City Commission on (231)724-6713 FAX: (231)724-6768 November 13, 2001. This meeting begins at 5:30 p.m. and is located in the Commission Chambers, 933 Terrace, Muskegon, Ml. Wire Dep11rtment (231)724-6792 WAX: (231)724--6985 This request has also been sent to the McLaughlin Neighborhood Association for income Tax their comments. It is Commission practice to let the Neighborhood Association (231)724-6770 FAX: (231)724-6768 know of any liquor license requests that are located within their boundaries. This allows for comments from the people who live there and not just from the owners Inspection Service§ (231)724-6715 of the business' who are located there. FAX: (231)728-4371 !Leisure Services If you have any questions, please feel free to contact me at 724-6705. (231)724-6704 FA:X: (231)724-1196 Sincerely, Mayor's Office (231)724-6701 .!FAX: (231)722-1214 Planning/Zoning (231)724-6702 Linda Potter FAX: (231)724-6790 Deputy Clerk Police Deptartment (231)724-6750 FAX: (231)722-S140 Public Works Dept, (231)724-4100 lFAX: (231)722-4188 Treasurer's Office (231)724-6720 FAX: (231)724-6768 Water BIiiing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: (231)755-5290 Ci!y ofM11si<ego111, 9331renace Sl,eei, l'AJ>. llox §36, iVIuskegmn, IVH 49,)43-0536 www.ahorielinecify.cnm L' /()..- / - OJ "l, ,,. I OCT O2 2001 LIQUOR LICENSE REVIEW FORM Business Name: ------'-'l'.4,,.-1,,,J'--ol..L..!.<'.c?....s.£"""---~--'--i_r_e_e_r__~/l/4__:_....:...C?_r_;,_;l)r , l"~""j- :.....;. __ AKA Business Name (if applicable): _ _ _ _ _ _ __ _ __ __ Operator/Manager's Name: Business Address: I I 1/ 9' Reason for Review: ·· •New License D Transfer of Ownership A;{ Dance Permit D Drop/Add Name on License D· D Transfer Location Drop/Add Stockholder Name D New Entertainment Permit D Other Deadline for receipt of all information: _.L.../(J::;__-;__/t_-_o_J_ _ _ __ Police Department Approved ~Denied D No Action NeededO Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied D· PendingZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance 0 Remaining Defects Services Department Signature t:%- L . I ~µ . Q.-... Gail A. Kundinger, City Clerk Liquor License Coordinator / 0- /-OJ LIQUOR LICENSE REVIEW FORM Business Name: _ _ _____.,.l,~/,_._., 0 ..,.,£2..,,,.__ _~ 0 _... _ i_r_e_e_r__..:;_/l/4_#.:..... . _;_q_r_;_;)r;_/_r-...:.r __ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __ _ Operator/Manager's Name: Business Address: // 1/ 9' Reason for Review: · New License · D Transfer of Ownership % D Dance Permit Drop/Add Name on License D· Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other t2erscfJ n q / /'eKJ,e, sf rrJ·a fr;,,.e. 9-1/-01, I I Deadline for receipt of all information: -""""'/();_-/_(_-_o_J_ _ _ __ Police Department Approved Djlenied D No Action Needed D Income Tax Approved ~ Owing D Amount: - - - - Treasurer Approved • Owing D Amount: Zoning Approved • Denied D· PendingZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature._~--1:::...--=:...!-....!..,l_.;__ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, City Clerk Liquor License Coordinator - ' /0- /-o J LIQUOR LICENSE REVIEW FORM Business Name: ---~u..,,,./"--'-"-a.0. ......!}_=.,.__-~_i_r_e_e_-r__..c,-/l/4---'-_cr_r_l)r;._,l"_,_1_-_ _ AKA Business Name (if applicable): _ _ _ __ _ _ __ __ _ _ Operator/Manager's Name: Business Address: 11 rr Reason fo:r Review: ·New License · D Transfer of Ownership ,P({ Dance Permit D Drop/Add Name on License D· O Transfer Location Drop/Add Stockholder Name D New Entertainment Permit D Other Deadline for receipt of all information: _.L..:/(J =---/:__t_-_o_J_ _ _ __ Police Department Approved D Denied D No Action Needed D Income Tax Approved ~wingO Amount: Treasurer Approved wingD Amount: Zoning Approved • Denied D· Pending ZBA • Clerk's Approved • Owing • Amount: Fire/Inspection Compliance 0 Remaining Defects Services Department Signature ~ !d)1--Jo) Tc Gail A. Kundinger, City Clerk Liquor License Coordinator RECEIVED /0- /-OJ OCT 2 2oor LIQUOR LICENSE REVIEW FORM CITY OF MUSKEGON . _ PLANNl~UDf!PWffflvlM _ _ _.......,l,_):......i.o.,__.<2"---'£""""----·~-i_r_e_e_t-_--!:..~___.:_cr-'-r___:...:...;(,_;_,.1-<...-_ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Business Address: // 1/ 7 Reason for Review: ·· •New License · D Transfer of Ownership M. Dance Permit 0 Drop/Add Name on License •· Transfer Location D Drop/Adell Stockholder Name D New Entertainment Permit D Other Deadline for receipt of all information: /(J-/( - 01 Police Department Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: - - - - Treasu:rer Approved D Owing D Amount: _ _ __ Zoning Approved § Denied D· Pending ZBA D Clerk's Approved D Owing D Amount: _ _ __ Fire/Inspection Compliance D Remaining Defects _ _ _ __ Services Department Signature ~ :;{ ;;z:' ~-"'-">-• Gail A. Kundinger, City Clerk Liquor License Coordinator /0- /-OJ LIQUOR LICENSE REVIEW FORM Business Name: S:free r AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Business Address: II 1/ 7 Reason for Review: ·New Lfoense · D .. Transfer of Ownership J:0" .Dance Permit 0 Drop/Add Name on License D· D Transfer Location Drop/Addi Stockholder Name D New Entertainment Permit D Other Deadline for receipt of all information: _.L....;/(}:::.__·_-;__ /(_-_o_J_ _ _ __ Police Department Approved D Denied D No Action Needed D Income Tax Approved • Owing D Amount: Treasurer Approved • Owing D Amount: Zoning Approved • Denied •· Pending ZBA • Clerk' s Approve~ Owing • Amount: Fire/Inspection Compliance D Remaining Defects Services Department Signature A{t, .__, 1--ei,,. d4J _Gail A. Kundinger, City Clerk · Liquor License Coordinator /0 - /-0j / LIQUOR LICENSE REVIEW FORM Business Name: AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: Business Address: II z". 9 Reason for Review: · · New License · D Transfer of Ownership % Dance Permit 0 Drop/Add Name on License D· O Transfer Location Drop/Add Stockholder Name D New Entertainment Permit D Other Deadline for receipt of all information: _,_;/()'---'-/_t_-_o_J_____ 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 · PendingZBA •. Clerk's Approved • Owing • Amount: Fure/Inspection Compliance ~ Remaining Defects Services Gail A. Kundinger, City Clerk · Liquor License Coordinator INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 2001-000969-I TRESPASS 01/13/2001 1149 WOOD MUPD 2001-003808-I ROBBERY 02/21/2001 1149 WOOD ST MUPD 2001-004321-I DISORDERLY COND 03/01/2001 1149 WOOD ST MUPD 2001-004842-I DISORDERLY COND 03/08/2001 1149 WOOD ST MUPD 2001-004917-I LARCENY - OTHER 03/09/2001 1149 WOOD ST MUPD 2001-006968-I SEXUAL CONTACT 04/03/2001 1149 WOOD MUPD 2001-007050-I DISORDERLY COND 04/04/2001 1149 WOOD MUPD 2001-007319-I FORGERY/COUNTER 04/07/2001 11.49 WOOD MUPD 2001-007614-I SUSPICIOUS SITU 04/10/2001 1149 WOOD MUPD 2001-007975-I DISORDERLY COND 04/14/2001 1149 WOOD MUPD 2001-008886-I GENERAL ASSISTA 04/23/2001 1149 WOOD MUPD 2001-009009-I CIVIL MATTER DI 04/25/2001 1149 WOOD ST MUPD 2001-009255-I GENERAL ASSISTA 04/27/2001 1149 WOOD MUPD 2001-009757-I SUSPICIOUS SITU 05/02/2001 1149 WOOD MUPD 2001-009790-I MISCELLANEOUS C 05/02/2001 1149 WOOD MUPD 2001-010181-I PUBLIC PEACE - 05/06/2001 1149 WOOD ST MUPD 2001-010416-I MISDEMEANOR TRA 05/09/2001 1149 WOOD ST MUPD 2001-010424-I CIVIL MATTER DI 05/09/2001 1149 WOOD MUPD 2001-013689-I GENERAL ASSISTA 06/10/2001 1149 WOOD ST MUPD 2001-013776-I MISDEMEANOR TRA 06/11/2001 1149 WOOD ST MUPD 2001-013777-I MISDEMEANOR TRA 06/11/2001 1149 WOOD ST MUPD 2001-013930-I CIVIL MATTER DI 06/12/2001 1149 WOOD MUPD 2001-013941-I RETAIL FRAUD - 06/12/2001 1149 WOOD MUPD 2001-016398-I TRESPASS 07/04/2001 1149 WOOD ST MUPD 2001-016681-I TRESPASS 07/07/2001 1149 WOOD ST MUPD 2001-019068-I RETAIL FRAUD - 07/29/2001 1149 WOOD ST MUPD 2001-019621-I NON-AGGRAVATED 08/03/2001 1149 WOOD MUPD 2001-021872-I RETAIL FRAUD - 08/27/2001 1149 WOOD MUPD MUPD 2001-022411-I 2001-023136-I CIVIL MATTER DI NON-AGGRAVATED 09/02/2001 09/10/2001 1149 1149 WOOD WOOD ST ST @ '·'• 1g;;,' •• INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 2000-000162-I DISORDERLY COND 01/02/2000 1149 WOOD MUPD 2000-000255-I CIVIL MATTER DI 01/03/2000 1149 WOOD MUPD 2000-000256-I DISORDERLY PERS 01/03/2000 1149 WOOD MUPD 2000-000732-I DISORDERLY COND 01/08/2000 1149 WOOD ST MUPD 2000-000831-I DISORDERLY PERS 01/09/2000 1149 WOOD MUPD 2000-000890-I UNAUTHORIZED DU 01/10/2000 1149 WOOD ST MUPD 2000-000930-I DISORDERLY PERS 01/10/2000 1149 WOOD MUPD 2000-001460-I INTIMIDATION/ST 01/16/2000 1149 WOOD MUPD 2000-002278-I CONSUMP/ALCOHOL 01/26/2000 1149 WOOD MUPD 2000-002720-I DISORDERLY PERS 02/01/2000 1149 WOOD MUPD 2000-003119-I DISORDERLY COND 02/06/2000 1149 WOOD MUPD 2000-003123-I IMPOUND OF VEHI 02/06/2000 1149 WOOD MUPD 2000-003366-I CIVIL MATTER DI 02/09/2000 1149 WOOD MUPD 2000-004427-I DISORDERLY COND 02/21/2000 1149 WOOD MUPD 2000-004529-I DISORDERLY PERS 02/22/2000 1149 WOOD MUPD 2000-004614-I DISORDERLY COND 02/23/2000 1149 WOOD MUPD 2000-005102-I DISORDERLY COND 02/28/2000 1149 WOOD MUPD 2000-005126-I DISORDERLY COND 02/28/2000 1149 WOOD MUPD 2000-005186-I GENERAL NON-CRI 02/29/2000 1149 WOOD MUPD 2000-005486-I GENERAL ASSISTA 03/03/2000 1149 WOOD MUPD 2000-005499-I IMPOUND OF VEHI 03/03/2000 1149 WOOD MUPD 2000-005533-I HEALTH AND SAFE 03/03/2000 1149 WOOD MUPD 2000-006715-I LARCENY - OTHER 03/15/2000 1149 WOOD ST MUPD 2000-006985-I DISORDERLY COND 03/18/2000 1149 WOOD MUPD 2000-007008-I GENERAL ASSISTA 03/18/2000 1149 WOOD MUPD 2000-007283-I IMPOUND OF VEHI 03/21/2000 1149 WOOD MUPD 2000-007804-I SUSPICIOUS SITU 03/27/2000 1149 WOOD MUPD 2000-008263-I GENERAL ASSISTA 04/01/2000 1149 WOOD MUPD 2000-008477-I GENERAL ASSISTA 04/03/2000 1149 WOOD MUPD 2000-008560-I MISDEMEANOR TRA 04/04/2000 1149 WOOD ST 1149 WOOD MUPD MUPD 2000-009067-I 2000-009234-I DISORDERLY COND GENERAL ASSISTA 04/09/2000 04/11/2000 1149 WOOD (§) MUPD 2000-009525-I GENERAL ASSISTA 04/14/2000 1149 WOOD MUPD 2000-009565-I GENERAL ASSISTA 04/14/2000 1149 WOOD ST MUPD 2000-009648-I GENERAL ASSISTA 04/15/2000 1149 WOOD ST MUPD 2000-010388-I GENERAL ASSISTA 04/22/2000 1149 WOOD MUPD 2000-010568-I GENERAL ASSISTA 04/24/2000 1149 WOOD MUPD 2000-010673-I GENERAL ASSISTA 04/25/2000 1149 WOOD MUPD 2000-010697-I GENERAL ASSISTA 04/25/2000 1149 WOOD ST MUPD 2000-010817-I LARCENY - OTHER 04/26/2000 1149 WOOD MUPD 2000-010885-I GENERAL ASSISTA 04/27/2000 1149 WOOD MUPD 2000-010897-I GENERAL ASSISTA 04/27/2000 1149 WOOD MUPD 2000-011381-I GENERAL ASSISTA 05/02/2000 1149 WOOD ST MUPD 2000-011523-I NON-AGGRAVATED 05/03/2000 1149 WOOD MUPD 2000-012299-I DISORDERLY COND 05/10/2000 1149 WOOD ST MUPD 2000-012718-I DAMAGE TO PROPE 05/14/2000 1149 WOOD MUPD 2000-013308-I GENERAL ASSISTA 05/20/2000 1149 WOOD MUPD 2000-013431-I CIVIL MATTER DI 05/21/2000 1149 WOOD MUPD 2000-013645-I SUSPICIOUS SITU 05/23/2000 1149 WOOD MUPD 2000-013779-I SUSPICIOUS SITU 05/24/2000 1149 WOOD MUPD 2000-015077-I SUSPICIOUS SITU 06/05/2000 1149 WOOD MUPD 2000-015373-I VIOLATION OF CO 06/08/2000 1149 WOOD MUPD 2000-015500-I GENERAL ASSISTA 06/09/2000 1149 WOOD MUPD 2000-015797-I MISCELLANEOUS C 06/12/2000 1149 WOOD MUPD 2000-016487-I DAMAGE TO PROPE 06/18/2000 1149 WOOD .,. INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 2000-016747-I PUBLIC PEACE - 06/20/2000 1149 WOOD ST MUPD 2000-016842-I NON-AGGRAVATED 06/21/2000 1149 WOOD MUPD 2000-017226-I DISORDERLY PERS 06/24/2000 1149 WOOD MUPD 2000-017241-I DISORDERLY COND 06/24/2000 1149 WOOD MUPD 2000-017899-I TRESPASS 06/30/2000 1149 WOOD MUPD 2000-018137-I TRESPASS 07/02/2000 1149 WOOD MUPD 2000-018293-I TRESPASS 07/03/2000 1149 WOOD MUPD 2000-019000-I GENERAL ASSISTA 07/09/2000 1149 WOOD MUPD 2000-019168-I GENERAL NON-CRI 07/10/2000 1149 WOOD MUPD 2000-019676-I DISORDERLY COND 07/14/2000 1149 WOOD MUPD 2000-019867-I GENERAL ASSISTA 07/16/2000 1149 WOOD MUPD 2000-020090-I SUSPICIOUS SITU 07/18/2000 1149 WOOD ST MUPD 2000-020261-I SUSPICIOUS SITU 07/19/2000 1149 WOOD MUPD 2000-021188-I ROBBERY 07/27/2000 1149 WOOD MUPD 2000-021426-I PUBLIC PEACE - 07/29/2000 1149 WOOD MUPD 2000-021817-I DISORDERLY COND 08/02/2000 1149 WOOD MUPD 2000-021826-I DISORDERLY COND 08/02/2000 1149 WOOD ST MUPD 2000-022022-I SUSPICIOUS SITU 08/04/2000 1149 WOOD MUPD 2000-023037-I PURCHASE CONSUM 08/13/2000 1149 WOOD MUPD 2000-023273-I PUBLIC PEACE - 08/15/2000 1149 WOOD MUPD 2000-023522-I GENERAL ASSISTA 08/17/2000 1149 WOOD MUPD 2000-023626-I DISORDERLY COND 08/18/2000 1149 WOOD MUPD 2000-025737-I NON-AGGRAVATED 09/07/2000 1149 WOOD MUPD 2000-025743-I TRESPASS 09/07/2000 1149 WOOD MUPD 2000-026037-I LARCENY - OTHER 09/10/2000 1149 WOOD MUPD 2000-027047-I FORGERY/COUNTER 09/21/2000 1149 WOOD ST MUPD 2000-027262-I PUBLIC PEACE - 09/23/2000 1149 WOOD ST MUPD 2000-027271-I DAMAGE TO PROPE 09/23/2000 1149 WOOD MUPD 2000-027839-I PUBLIC PEACE - 09/29/2000 1149 WOOD MUPD 2000-028023-I DISORDERLY COND 10/01/2000 1149 WOOD MUPD 2000-028598-I PUBLIC PEACE - 10/07/2000 1149 WOOD MUPD 2000-029100-I GENERAL NON-CRI 10/12/2000 1149 WOOD MUPD 2000-029421-I WEAPONS OFFENSE 10/16/2000 1149 WOOD ST MUPD 2000-031261-I PUBLIC PEACE - 11/05/2000 1149 WOOD ST MUPD 2000-032561-I DISORDERLY COND 11/22/2000 1149 WOOD MUPD 2000-032697-I DISORDERLY COND 11/24/2000 1149 WOOD MUPD 2000-032864-I IMPOUND OF VEHI 11/27/2000 1149 WOOD ST MUPD 2000-033238-I VIOLATION OF CO 12/01/2000 1149 WOOD INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 1999-000580-I SUSPICIOUS SITU 01/08/1999 1149 WOOD MUPD 1999-001089-I DAMAGE TO PROPE 01/14/1999 1149 WOOD MUPD 1999-001240-I DISORDERLY COND 01/16/1999 1149 WOOD MUPD 1999-001321-I NON-AGGRAVATED 01/17/1999 1149 WOOD MUPD 1999-001361-I TRESPASS 01/18/1999 1149 WOOD MUPD 1999-001586-I DISORDERLY COND 01/21/1999 1149 WOOD MUPD 1999-001683-I TRESPASS 01/22/1999 1149 WOOD MUPD 1999-001769-I TRESPASS 01/23/1999 1149 WOOD MUPD 1999-001811-I DISORDERLY COND 01/24/1999 1149 WOOD MUPD 1999-001828-I DISORDERLY PERS 01/24/1999 1149 WOOD MUPD 1999-001890-I DISORDERLY COND 01/25/1999 1149 WOOD MUPD 1999-002123-I VIOLATION OF CO 01/28/1999 1149 WOOD ST MUPD 1999-002225-I DISORDERLY COND 01/29/1999 1149 WOOD MUPD 1999-002302-I DISORDERLY COND 01/30/1999 1149 WOOD ST MUPD 1999-002429-I DISORDERLY COND 02/01/1999 1149 WOOD MUPD 1999-002497-I DISORDERLY COND 02/02/1999 1149 WOOD MUPD 1999-002677-I DISORDERLY PERS 02/04/1999 1149 WOOD MUPD 1999-002880-I TRESPASS 02/07/1999 1149 WOOD ST MUPD 1999-002979-I DISORDERLY COND 02/08/1999 1149 WOOD MUPD 1999-003355-I TRESPASS 02/13/1999 1149 WOOD MUPD 1999-003629-I FORGERY/COUNTER 02/17/1999 1149 WOOD ST MUPD 1999-003649-I BAD REPORT# 02/17/1999 1149 WOOD ST MUPD 1999-003835-I DISORDERLY PERS 02/19/1999 1149 WOOD MUPD 1999-004034-I GENERAL NON-CRI 02/22/1999 1149 WOOD ST MUPD 1999-004235-I DISORDERLY COND 02/24/1999 1149 WOOD MUPD 1999-004410-I GENERAL ASSISTA 02/26/1999 1149 WOOD MUPD 1999-005108-I DISORDERLY PERS 03/08/1999 1149 WOOD MUPD 1999-005422-I DISORDERLY PERS 03/12/1999 1149 WOOD MUPD 1999-005973-I DISORDERLY PERS 03/19/1999 1149 WOOD MUPD 1999-006478-I VIOLATION OF CO 03/26/1999 1149 WOOD ST MUPD 1999-006912-I LARCENY - OTHER 03/31/1999 1149 WOOD MUPD 1999-006958-I DISORDERLY COND 03/31/1999 1149 WOOD MUPD 1999-007120-I THROW OBJECTS A 04/02/1999 1149 WOOD MUPD 1999-008192-I DISORDERLY COND 04/14/1999 1149 WOOD MUPD 1999-008202-I DISORDERLY COND 04/14/1999 1149 WOOD MUPD 1999-008325-I MOTOR VEHICLE T 04/15/1999 1149 WOOD MUPD 1999-008714-I ROBBERY 04/19/1999 1149 WOOD MUPD 1999-008780-I DISORDERLY COND 04/20/1999 1149 WOOD MUPD 1999-008910-I FAMILY - OTHER 04/21/1999 1149 WOOD MUPD 1999-009192-I DISORDERLY PERS 04/24/1999 1149 WOOD MUPD 1999-009465-I DISORDERLY COND 04/27/1999 1149 WOOD MUPD 1999-009706-I DISORDERLY PERS 04/30/1999 1149 WOOD MUPD 1999-009745-I DISORDERLY PERS 04/30/1999 1149 WOOD MUPD MUPD MUPD 1999-010008-I 1999-010111-I 1999-010197-I DRUNKENNESS - E DISORDERLY COND OBEDIENCE-SIGN/ 05/03/1999 05/04/1999 05/05/1999 1149 1149 1149 WOOD WOOD WOOD ST <B MUPD 1999-010352-I VIOLATION OF CO 05/06/1999 1149 WOOD MUPD 1999-010472-I MINOR IN POSSES 05/07/1999 1149 WOOD ST MUPD 1999-011092-I DISORDERLY COND 05/13/1999 1149 WOOD MUPD 1999-012317-I DAMAGE TO PROPE 05/25/1999 1149 WOOD MUPD 1999-012740-I PUBLIC PEACE - 05/29/1999 1149 WOOD MUPD 1999-013244-I DISORDERLY COND 06/03/1999 1149 WOOD MUPD 1999-013290-I TRESPASS 06/03/1999 1149 WOOD MUPD 1999-013502-I DISORDERLY PERS 06/05/1999 1149 WOOD MUPD 1999-013710-I NON-AGGRAVATED 06/07/1999 1149 WOOD ST INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 1999-013988-I SUSPICIOUS SITU 06/10/1999 1149 WOOD MUPD 1999-014069-I PURCHASE CONSUM 06/10/1999 1149 WOOD MUPD 1999-014074-I FORGERY/COUNTER 06/10/1999 1149 WOOD MUPD 1999-014721-I DISORDERLY PERS 06/16/1999 1149 WOOD MUPD 1999-014813-I PEDEST/WALKING/ 06/17/1999 1149 WOOD MUPD 1999-015139-I LOITER IN PLACE 06/20/1999 1149 WOOD MUPD 1999-015220-I TRESPASS WILLFU 06/21/1999 1149 WOOD ST MUPD 1999-015350-I CONSUMPTION/LIQ 06/22/1999 114.9 WOOD MUPD 1999-015373-I DISORDERLY PERS 06/22/1999 1149 WOOD MUPD 1999-016106-I DISORDERLY PERS 06/28/1999 1149 WOOD ST MUPD 1999-016205-I NON-AGGRAVATED 06/29/1999 1149 WOOD MUPD 1999-016794-I WEAPONS OFFENSE 07/03/1999 1149 WOOD MUPD 1999-017287-I WEAPONS OFFENSE 07/07/1999 1149 WOOD ST MUPD 1999-017289-I TRESPASS 07/07/1999 1149 WOOD ST MUPD 1999-018264-I AGGRAVATED/FELO 07/15/1999 1149 WOOD ST MUPD 1999-018947-I GENERAL ASSISTA 07/21/1999 1149 WOOD MUPD 1999-019250-I AGGRAVATED/FELO 07/23/1999 1149 WOOD MUPD 1999-020142-I STOLEN PROPERTY 07/31/1999 1149 WOOD MUPD 1999-021622-I RETAIL FRAUD - 08/12/1999 1149 WOOD MUPD 1999-022212-I MUPD WARRANT AR 08/17/1999 1149 WOOD ST MUPD 1999-022278-I DISORDERLY PERS 08/17/1999 1149 WOOD ST MUPD 1999-022392-I DISORDERLY PERS 08/18/1999 1149 WOOD MUPD 1999-022836-I DISORDERLY PERS 08/22/1999 1149 WOOD MUPD 1999-023076-I LIQUOR VIOLATIO 08/24/1999 1149 WOOD MUPD 1999-023906-I DISORDERLY COND 08/31/1999 1149 WOOD MUPD 1999-024000-I DISORDERLY PERS 09/01/1999 1149 WOOD MUPD 1999-024116-I DISORDERLY PERS 09/02/1999 1149 WOOD MUPD 1999-025198-I TRESPASS 09/11/1999 1149 WOOD MUPD 1999-025483-I SUSPICIOUS SITU 09/14/1999 1149 WOOD ST MUPD 1999-025485-I GAMBLING 09/14/1999 1149 WOOD MUPD 1999-026116-I DISORDERLY COND 09/21/1999 1149 WOOD MUPD 1999-026229-I DISORDERLY PERS 09/22/1999 1149 WOOD MUPD 1999-026677-I DISORDERLY PERS 09/27/1999 1149 WOOD ST MUPD 1999-026738-I TRESPASS 09/27/1999 1149 WOOD MUPD 1999-027412-I DISORDERLY PERS 10/04/1999 1149 WOOD MUPD 1999-027526-I DISORDERLY PERS 10/05/1999 1149 WOOD MUPD 1999-027713-I DISORDERLY PERS 10/07/1999 1149 WOOD MUPD 1999-028204-I WARRANTS 10/12/1999 1149 WOOD ST MUPD 1999-028334-I BLOCKING/OBSTRU 10/13/1999 1149 WOOD ST MUPD 1999-028829-I DISORDERLY PERS 10/18/1999 1149 WOOD MUPD 1999-029491-I DISORDERLY PERS 10/25/1999 1149 WOOD MUPD 1999-029801-I DISORDERLY COND 10/28/1999 1149 WOOD MUPD 1999-029812-I DISORDERLY PERS 10/28/1999 1149 WOOD MUPD 1999-029872-I TRESPASS 10/29/1999 1149 WOOD MUPD 1999-030043-I OPS/CHANGE OF R 10/30/1999 1149 WOOD MUPD 1999-030167-I DISORDERLY PERS 10/31/1999 1149 WOOD MUPD 1999-030748-I DISORDERLY PERS 11/06/1999 1149 WOOD MUPD 1999-030935-I DISORDERLY PERS 11/08/1999 1149 WOOD MUPD 1999-031091-I DISORDERLY PERS 11/10/1999 1149 WOOD MUPD 1999-031300-I DISORDERLY PERS 11/12/1999 1149 WOOD MUPD 1999-031306-I DISORDERLY PERS 11/12/1999 1149 WOOD MUPD 1999-031560-I DISORDERLY PERS 11/15/1999 1149 WOOD MUPD 1999-031780-I DISORDERLY COND 11/17/1999 1149 WOOD MUPD 1999-032267-I LOITER IN PLACE 11/22/1999 1149 WOOD MUPD 1999-032515-I DISORDERLY PERS 11/25/1999 1149 WOOD . ' INCIDENT LIST: Agcy Case# Offense Rpt Date Location MUPD 1999-032606-A TRAFFIC ACCIDEN 11/26/1999 1149 WOOD MUPD 1999-033594-I GENERAL ASSISTA 12/08/1999 1149 WOOD MUPD 1999-033689-I GENERAL NON-CRI 12/09/1999 1149 WOOD MUPD 1999-033972-I DISORDERLY COND 12/12/1999 1149 WOOD MUPD 1999-034330-I DISORDERLY PERS 12/16/1999 1149 WOOD MUPD 1999-034406-I DISORDERLY PERS 12/17/1999 1149 WOOD MUPD 1999-034489-I DISORDERLY PERS 12/18/1999 1149 WOOD MUPD 199~-034654-I MOTOR VEHICLE T 12/20/1999 1149 WOOD MUPD 1999-035375-I DISORDERLY COND 12/29/1999 1149 WOOD MUPD 1999-035386-I VIOLATION OF CO 12/29/1999 1149 WOOD A:liffrm.ai!ve' ~1lodii{m Ill Comr: 1'."te items 1, 2, and 3. Also complete (23ll)724-'o703 item i;,1·f Restricted Delivery is desired. WM~: (f31)7~'.M~.M, Ill Priflt your ilame and address on the reverse C. Signature so that we can return _the card to you. }),§§<;)590r/~quaii:wt!o11 1111 Attach this card to the back of the mailpiece, 0 Agent {231}7241-6700 or on the front if space permits. X • Addressee WAX, (23l)Wi-5rnl D. Is delive~~r~ different from item 1? • Yes €,'f\.lf YES, enter delivery address be!ow: • No Ceimietery Ille~nr-tme11t 111,,\\\0~\\ (231)7:l:!4-6733 JFA¼: (231}'12&.J-56]7 ~~~cO< City M1m2geir 7/StJ (23:i.)724a6724 !FAX: (231)722-1214 /JO tJc;x: cla,. ~ fillI (C[vil Service (231)724-6716 I IF'AX: (231)724-4405 Clew!t 2. Articli::: Number (Copy from service /abelj ~ (23])724-6705 FAX: (231)72~-4176 7000 OSol.O CJO/J 'lf,70 November 16, 2( PS Form 3811. July 1999 Domestic Retum Receipt 102595-00-M-0952 Community and Neigh. Servl.ceg (231)724-6717 FAX: (231)726-2501 Computer- Info. Liquor Control Commission Systemg (231)724-67<34 7150 Harris FAX: (231)722-4301 PO Box 30005 Ej'l,gi.m.eeri.i1g Dept. Lansing, MI 48909-7505 cnon4-6707 !FAX: (231)727-6904 REF: #125764 Fhurnu:e Dept. (231)'/24-6713 1149 Wood Street lF AX: (231)724-6769 Muskegon,MI 49442 Ffre l!llep0rtment (231)724-6791 FAJC: (231)72.-J..6905 To Whom It May Concern: lm:omeTax (231)724-6770 Enclosed is a resolution and police inspection report (LC-1800) for the liquor FA.e""i::: (231)724-6768 license change request mentioned above. Inspection Servicea {231)724-671§ Please do not hesitate to call me at (231) 724-6705 if you have any questions. FAX: (231)720--4371 Leisure Servkes (231)724-6704 Sincerely, FAX: (231)724-11% Mayor's Office (231)724-6701 FAX: (231)722-1214 Linda Potter Pim:m.lng/Zonl.ng Deputy Clerk (231)724-6702 FAX: (231)'/24-6790 Poiic~ !Deptartm.ent Enc. (231)724-6750 FAX: (231)722-§140 Public Wor!<s Dept. (231)724-4100 FAX: (231)722-4188 Treasurer's Office (231)724-6720 FAX: (231)724-6763 Waterr Billing Dept. {231)724-6718 FAX: (23!)124-6768 Water :Filtrntion (231)724-4106 FAX: (231)755-5290 TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: November 13, 2001 RE: Public Hearing Spreading of the Special Assessment Roll Barclay, Sherman to Hackley SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for Barclay, Sherman to Hackley, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of$143,210.74 would be spread against the nineteen-(19) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2001-131 (al Resolution Confirming Special Assessment Roll For Barclay Street 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley Avenue -. ·· Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on January 23, 2001, at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: 1. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten (10) years. Any assessment that is paid in installments shall carry interest at the rate of five (5) percent per annum to be paidin addition to the principal payments on the special assessment. . ~ -: ,.. ~. 1 •• , . \ RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL FOR Barclay St;eet 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley Avenue Continued... 3. The Clerk is directed to endorse the certificate of this confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confirmation. This resolution passed. Ayes: Benedict, Buie , Nielsen, Schweifler, Shepherd , Spataro, Aslakson Nays: _ ___:,cN-=- on=e"'--- - - - - - - - - - - - - - - - - - - -- - - - - - Gail A. CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on November 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. Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on this date, being November 13, 2001. EXHIBIT A Barclay Street, Sherman Avenue to Hackley Avenue SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Barclay Street 90' north of the north RsO-W line of Sherman Blvd.' to the south R-O"VV line of Hackley Avenue. PROPOSED SPECIAL ASSESSMENT DISTRICT t I- <llD (/) <19 >- :5 0 - 0:: < ID -- . -·- ... c:, _.. '~ -- -- .•• ... t•• 0 ' • ''' '' ' •t- ''' ' ' -'' '' k ''''' J '' '''' -:-- '''' 0 - '' ''' '' '' '' '' R7 ----------4--------- ' l/ll'i/01 1" n .. - ... 1----- ,-1.,..,.. BARCLAY, SHERMAN TO HACKLEY MAYOR'S ENDORSEMENT AND WARRANT I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUsKE:ooN, HEREBY ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE, CITY OF MUSKEGON BY ~¾J.~ ~ 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 NOVEMBER, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CONFIRMING THE ROLL FOR THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: · ·. H-1321 Barclay Street, Sherman Avenue to Hackley Avenue. 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 NOVEMBER 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 OFN VEMBER 2001. SUBSCRIBED At"l'D SWORN TO BEFORE ME THIS \St½ DAY OF D D\J~M..;, , 2001. ~ Q a.....____ h,__ L ~> PUBLIC, MUSKEGON COUNTY, MICHIGAN sJ'.<: MY COMMISSION EXPIRES '5- l's o S, JOANN M. KRUKOWSKI Notary Public. Michigan Muskegon County My Commiashrn E)(f)iros Mlly 13, 2005 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: Sherman, Glenside to Lincoln & Barclay, Sherman to Hackley The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting the north ROW of Sherman Boulevard from the west ROW line of Lincoln to 280' west of the Centerline of Wickham Drive and from 3 I 5' east of the centerline of Wickham Drive to 326' west of the centerline ofG!enside Boulevard. & • All properties abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue 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 NOVEMBER 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 OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HA VE 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: NOVEMBER 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 (23 l) 724-6773 AMrmatlve Action (231)724-6703 FAX: (231)722-1214 Ane1sor/Equ11lnt1on (231)724-6708 FAX: (231)726-5181 Cemetery Dep1rtment NOVEMBER 2, 2001 (231 )724-6783 FAX: (231)726-5617 City M•n•a:er (231)724-672< OWNER West Michigan's Shoreline City FAX: (231)722-1214 OWNER ADDRESS Civil Service OWNER CITY, STATE ZIPCODE (231)724-6716 FAX: (231)724-4405 Clerk (231)724-6705 FAX: (231)7244178 Community and Property Parcel Number: XX-XXX-XX.X-XXXX-XX at STREET ADDRESS Nel&h, Servtce1 (231)724-6717 FAX: (231)726-2501 NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL Computer Info, Systems (231)724-6744 Dear Property Owner: FAX: (231)721-4301 The Muskegon City Commission has previously approved the project described below and will now Engineering Dept. (231)724-6707 consider final confirmation of the special assessment roll: FAX: (231)727-6904 Barclay Street, Sherman Avenue to Hackley Avenue. Finance DepL (231)724-6713 FAX: (231)724-6768 Public Hearings Ftre Department (231 )724-6792 A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, FAX: (231)724--6985 November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written Income Tax appearances or objections must be made at or prior to the hearing. (231 )724-6770 FAX: (231)724-6768 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT Inspection Services EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS (231)724-6715 FAX: (231)728-4371 CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER, Lebure Servket UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING (23 I )724-6704 FAX: (231)724--IJ96 BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. M•yor's Office (231)724-6701 FAX: (211)722-1214 Pl1nnlng/Zonln& The final projected cost of the street improvement portion of the project is $596,000 of which $143,210.74 (231 )724-6702 FAX: (231)72U790 (23.5%) will be paid by special assessment to property owners. If the special assessment is confirmed, your property will be assessed $XXXX.XX based on 95 feet assessable front footage at $36.35 per Police Deptartment assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway (2]1)724-6750 approach and/or sidewalk improvements made to your property for a total special assessment cost of FAX: (231)722-5140 $XXXX.XX. Following are the terms of the special assessment: Public Works ~pt. (231)724-4100 Assessment Period: Ten (10) Years FAX: (211)722-4188 Interest Rate: 5% per year Tre11urer's Office First Installment: $XXX.XX (231)724-6720 Due Date: January 13, 2002 FAX: (231)714-6768 W•ter BUUne Dept. (231 )714-6718 FAX: (231)714-6768 Wattr Ftltradon (231)724-4106 FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 www.shorelinecity.com The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assesment for financial assistance . ;;Lt'J Ml Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other publi improvements may pay their assessment in the following ways: c 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 01 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 homesteac 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 Assessors 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 - H-1321 BARCLAY, SHERMAN TO HACKLEY CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:._ _ _ _ _ _ _-"Social Security# _ . _ ._ _ Spouse: -------- Birthdate: Social Security # - - • -• - Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:._ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ _ __ Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infonnation) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name ----------------Birthdate- - - - - - - -Social Security# - -•- •-- Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _Social Security# _ _•_ _•_ _ Name Birthdate _______ ___;Social Security# - -• --•- - Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ ____; ANNUAL Household Income: $_ _ __ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $_ _ _ __ Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: -------------- Expiration Date:_ _ __ Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __ (Property taxes must be current to qualify and will be verified by CDBG staff) Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __ By signing this application, the applicant verities he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. DEADLINE FOR APPLICATION NOVEMBER 16, 2001. \i:4&!."!t.::,~:~~ ;..:~QR.PW~V.£~9.®X.'.L'i..i;-1' ~lt.~. APPROVED ( DENIED ( ) DA TE _ _ _ _ CENSUS TRACT NO. _ _ SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __ COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. RECE/V CITY OF MUSKEGON CITY OF MUSKEC>~ ' " ",, -.1,i,, ' ) ., ' ]LDC! ' Resolution No. 2001-9(a) Resolution At First Hearing Creating Special Assessment District For Barclay Street 90' north of the north R-0-W line of Sherman Blvd. to the south R-0-W line of Hackley Avenue Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on January 23, 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 January 23, 2001, there were 32. 10% 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 forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Benedict and Schweifler 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 24.23% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes._---=B-=e:..:.n.:.ed"-1""·c""t'-1'_,_,_N.:. .ie,,_l'-'s"'e"'n.,_,_S::.;c""h""'w""e'-'i'-'-f-'1-"e.:...r.,_,--'S""h""e"'p:..:.h=.er'-'d"-'' --"S-'-i.:.er'-'a"-'d=-=z"-k'-'i___,_,---=S"-p"-at;:.:a:c.r-=o"-'-- As l ak son Nays._ _:.:Nc.::o:..:.n.:.e__________________________ CITY OF MUSKEGON Gail A. Kundinger, Cler ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on January 23, 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--=,eul==--....:....:Q__:_:· L..:....=:..::..:.=~__:__~- Gail A. Kundinger, Clerk 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 23 RD DAY OF JANUARY, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: All parcels abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue. 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 JANUARY 13, 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 TPE 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 TA.,'{ ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECC:PTACLE ON THE 12 TH DAY OF J ARY 2001. ~ GAIL A. KUNDINGER, CITY LERK SUBSCRIBED AND SWORN TO BEFORE ME THIS dYf). DAY OF ~~ , 2001. ~BL~~GONCOUNTY, MICHIGAN MY COMMISSION EXPIRES 7-oZ, )--o :2... H-1321 HEARING DATE NOVEMBER 13, 2001 Barclay Street, Sherman Avenue to Hackley Avenue. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-036-400-0016-00 0 BARCLAYST BARCLAY CO LLC 2003 FOREST GLEN D MUSKEGON Ml 49441 $12,246.32 $0.00 $12,246.32 24-036-400-0004-00 1061 HACKLEY AVE HEALTH CARE & RET 333 N SUMMIT ST PO TOLEDO OH 43699-0 $16,357.50 $0.00 $16,357.50 24-830-000-0023-00 1101 HACKLEY AVE VELA JONES LLC 1101 WHACKLEY AVE MUSKEGON Ml 49441 $2,427.09 $0.00 $2,427.00 24-036-400-0018-00 1106 SHERMAN BLV LANGLOIS DUANE M 760 BROOKRIDGE DR MUSKEGON Ml 49441-5 $2,617.20 $0.00 $2,617.20 24-831-000-0024-00 2261 BARCLAY ST KENT THOMAS C 2264 VINCENT RD MUSKEGON Ml 49441 $2,647.37 $0.00 $2,647.00 24-831-000-0026-00 2274 VINCENT DR ALLARD KA/HOP!'i1A B 2274 VINCENT RD MUSKEGON Ml 49441 $3,453.25 $0.00 $3,453.00 24-831-000°0027-10 2281 BARCLAY ST SOHASKY FRANK J 2281 BARCLAY MUSKEGON Ml 49441 $3,453.25 $0.00 $3,453.00 24-831-000-0028-10 2297 BARCLAY ST MACDONALD JOHN F 2297 BARCLAY MUSKEGON Ml 49441 $3,453.25 $0.00 $3,453.00 24-036-400-0005-00 2300 BARCLAY ST PIONEER ARBOUR IN 1145 E WESLEY MUSKEGON Ml 49442-0 $9,087.50 $0.00 $9,088.00 24-831-000-0029-00 2314 VINCENT DR AARDEMA WANDA 2314 VINCENT RD MUSKEGON Ml 49441 $3,635.00 $0.00 $3,635.00 24-036-400-0006-00 2330 BARCLAY ST LOYAL ORDER/MOOS 2330 BARCLAY STRE MUSKEGON Ml 49441 $21,913.60 $0.00 $21,913.60 24-831-000-0030-00 2330 VINCENT DR BIALIK DAVID/SUSAN 2330 VINCENT RD MUSKEGON Ml 49441 $4,458.33 $0.00 $4,458.00 24-831-000-0031-00 2344 VINCENT DR SIMPSON PATRICK US 2344 VINCENT MUSKEGON Ml 49441 $4,434.70 $0.00 $4,435.00 24-831-000-0032-00 2356 VINCENT DR KMIECIK WANDA K 2356 VINCENT DR MUSKEGON Ml 49441 $4,125.73 $0.00 $4,126.00 24-831-000-0033-00 2375 BARCLAY ST FRITZEMEIER MIRIAM/ 2375 BARCLAY MUSKEGON Ml 49441 $3,713.15 $670.34 $4,383.49 24-831-000-0035-00 2391 BARCLAY ST MEYER PATRICIA A 2391 BARCLAY MUSKEGON Ml 49441 $3,713.15 $434.47 $4,147.62 24-036-400-0014-00 2495 BARCLAY ST KLING THADDEUS JR 730 BRIDGEVIEW BAY MUSKEGON Ml 49441-0 $17,284.43 $0.00 $17,284.43 24-036-400-0017-00 2544 BARCLAY ST LANGLOIS DUANE M 760 BROOKRIDGE DR MUSKEGON Ml 49441-5 $16,884.58 $0.00 $16,885.00 P~ne 1 nf ? H-1321 HEARING DATC NO'•'EMBER 13,200 I Barclay Street, Sherman Avenue to Hackley Avenue. 0~~~. ?-00\ SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-036-400-0015-00 2585 BARCLAY ST BARCLAY PROPERTIE 3380 GLADE ST MUSKEGON H Ml 49444 $6,200.58 $0.00 $6,200.58 TOTALS. $142,105.97 $1,104.81 143,210.74 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS ~ CLIFF TURNER, DIRECTOR.COUNTY EQUALIZATION / c7~,3:P-c7/ DATE o~:;f:;a_~ /c,-23-0/ DATE ( t<';U-t2~ . .M.. ~NEDICT . . . ····~·C····l·TY······ . ...... _''-,L. /o-z3-cJ I DATE TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: November 13, 2001 RE: Public Hearing Spreading of the Special Assessment Roll Sherman, Glenside to Lincoln SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for Sherman, Glenside to Lincoln, and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of$85,268.84 would be spread against the sixty-five (65) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. ---"-20,;:0e..1.!...-_1'-"3'-'1.,__(b"-"-) Resolution Confirming Special Assessment Roll For North R-O-W of Sherman Blvd. from.the west R-O-W line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd Properties Assessed: See Exhibit A attached to this resolution. RECITALS: I. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on January 23, 2001, at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: I. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten(! 0) years. Any assessment that is paid in installments shall carry interest at the rate of five (5) percent per aunum to be paid in addition to the principal payments on the special assessment. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL FOR North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd Continued... 3. The Clerk is directed to endorse the certificate of this confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confirmation. This resolution passed. Ayes: Buie , Nielsen, Schweifler, Shepherd, Spataro , Asla kson, Benedict Nays: None _ City of~uo/egon By_+=~~~:e.....: . . ~~=~~=i..~....L- ..: Gail A. Kundi nger, Ci t y CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on November 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. Further, I hereby certify that the special assessment roll referred to in this resolution Was confirmed on this date, being November 13, 2001. EXHIBIT A SHERMAN, GLENSIDE TO LINCOLN SPECIAL ASSESSMENT DISTRICT All properties abutting that section of THE North R-O-W of S.herman Blvd. from the west R-O-W line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd.Morton, Torrent to Bourdon. PROPOSED SPECIAL ASSESSMENT DISTRICT • North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd .. MAYOR'S ENDORSEMENT AND WARRANT I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE. CITY OF MUSKEGON BY FRED ~ ~~ ~ S E N, MAYOR 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 CLERI( OF THE CITY OF MUSKEGON; THAT AT A HEARING HELD ON THE 13 TH DAY OF NOVEMBER, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CONFIRMING THE ROLL FOR THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: ·. ·. H-1517 Sherman Boulevard, Lincoln Street to Glenside Boulevard. 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 NOVEMBER 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 OFN VEMBER 2001. , a_ SUBSCRIBED AND SWORN TO BEFORE ME THIS \~'¼ DAY OF Q ~ , 2001. NO~ ~' J b ~ ~ g - - UN~ , MICHIGAN MY COMMISSION EXPIRES 5 - \ ~ {)'5' I .:.- •: :- , ,., dl'lY · · · ·· : m r·· ' · _., ~"µ ,res May 13, 2005 I AfOrmallve Action (231)724-6703 FAX: (231)722-1214 Asses~or/Equallntlon (231 )724-6708 FAX: (231)726--5181 Cemetery Department (231)724-6783 November 2, 2001 FAX: (231)726--5617 City Manager (231)724-6724 West Michigan's Shoreline City FAX: (231)722-1214 CMI Service (231 )724-6716 FAX: (231)7244405 OWNER Clerk OWNER ADDRESS (231)724-6705 OWNER CITY, STATE, ZIPCODE FAX: (231)7244178 Community and Neigh. Services (231 )724-6717 FAX: (231)726-2501 Property Parcel Number: XX-XXX-XXX-XXXX-XX at STREET ADDRESS Computer Info. Systems (231)724-6744 NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL FAX: (231)722-4301 Englneerln& Dept. Dear Property Owner: (231)724-6707 FAX: (231)727-6904 The Muskegon City Commission has previously approved the project described below and will now Finance Dept. consider final confirmation of the special assessment roll: (231)724-6713 FAX: (231)724-6768 Sherman Boulevard, Lincoln Street to Glenside Boulevard. Fire Deparnnent (231)724-6792 Public Hearings FAX: (231)724-6985 A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, Income Tu: (231)724-6770 November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or FAX: (231)724-6768 in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. Inspection Services (231)724-6715 FAX: (231)7284371 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS Leisure Services (231)724-6704 CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE FAX: (131)724-1196 CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING Mayor's Office (231)724-6701 BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL FAX: (231)722-1214 BE LOST. . Plannln&fZonlng (231)724-6702 FAX: (231)724-6790 The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84 Police Deptartmenl ( 13%) will be paid by special assessment to property owners. If the special assessment is confirmed, (231)724-6750 FAX: (231)712-5140 your property will be assessed $XXX.XX based on 41.5 feet assessable front footage at $17.70 per assessable foot for the street improvements. In addition, you will be assessed $0.00,for driveway PubUc WorkJ Dept, approach and/or sidewalk improvements made to your property for a total special assessment cost of (231)724-4100 • FAX: (231)722 188 $XXX.XX. Following are the terms of the special assessment: Tre • 111rer'1 Office Assessment Period: Ten (10) Years (231 )724-6720 FAX: (231)724-6768 Interest Rate: 5% per year First Installment: $XX.XX Water BUUna: Dtpt, Due Date: October 14, 2001 (231)724-6718 FAX: (231)724-6768 Water Flltratlon • (231)724 106 FAX: (231)75S-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 www.shorelinecity.com The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assesment for financial assistance . Sincerely, /)?µ-la~~~ Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other publlc 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 lime the property is sold or transferred or after the death of the owner(s). During the lime 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 -H-1517 SHERMAN, LINCOLN TO GLENSIDE CDBG APPLICATION FOR WAIYER OF SPECIAL ASSESSMENT Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# • • Spouse: ---- Birthdate: _ _ _ _ _ _ _ _ Social Security 11 _ _. _ . _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:._ _ _ _ _ _ _ _ _ _ _ _ Race:. _ _ _ _ _ _ _ _ __ Parcel 11 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _Social Security II _ _•_ _•_ _ Name Birthdate._ _ _ _ _ _ _ _Social Security II _ _•_ _•_ _ Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security II _ _•_ _•_ _ Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ ___: ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: _ _ __ Property Taxes: ( ) Current ( ) Delinquent Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ _ __ (Property taxes must be current to qualify and will be verified by CDBG stall) Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ __ By signing this application, the applicant verities he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. DEADLINE FOR APPLICATION IS NOVEMBER 16. 2001. APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. _ __ SIGNATURE _ _ _ _ _ _ _ _ _ _ _ __ TITLE _ _ _ _ _ _ _ _ _ _ _ _ __ COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. 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: Sherman. Glenside to Lincoln & Barclay. Sherman to Hackley The location of the special assessment districts and the properties proposed to be assessed are: • All parcels abutting the north ROW of Sherman Boulevard from the west ROW line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline ofGlenside Boulevard. & • All properties abutting Barclay Street 90' north of the north ROW line of Sherman Avenue to the south ROW line of Hackley Avenue 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 AM. and 5:00 P.M. on weekdays, except holidays. THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON NOVEMBER 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 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 DA TE 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-halfofthe 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: NOVEMBER 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, MI 49440 (231) 724-6705 or TDD (231) 724-6773 .::..CE/v , CITY OF MUSKEGON . ry OF MUSKEGc .. Resolution No. 2001-9 (bl . '.J J ... 2~1'1 Resolution At First Hearing Creating Special Assessment District . G 'i ~ For North R-O-W of Sherman Blvd. from the west R-O-W line of Lincoln to 280' west of the ·- Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline of Glenside Blvd. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on JANUARY 23, 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 JANUARY 23, 2001, there were 47. 81 % 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: I. 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 forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. .3. The City Commission hereby appoints a Board of Assessors consisting of City and Schwe i fl er Commissioners Benedict -~~~~'------- 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 10.37% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen Nays Benedict CITY OF MUSKEGON By ~a.La~ Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on JANUARY 23, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON Gail A. Kundinger, Clerk 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 23 RD DAY OF JANUARY, 2001 THE CITY COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL ASSESSMENT DISTRICT: All parcels abutting the north ROW of Shennan Boulevard from the west ROW line of Lincoln to 280' west of the Centerline of Wickham Drive and from 315' east of the centerline of Wickham Drive to 326' west of the centerline ofGlenside Boulevard. 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 JANUARY 13, 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 12TH DAY OF JANUARY, 2001. L SUBSCRIBED AND SW RN TO BEFORE ME THIS cv1/f/4DAY OF 2001. MY COMMISSION EXPIRES J- c:2~ 0,;;), !\ECEIVi:,J ,, ,, ::5',;=,~ ( / µ✓✓,/!a~~- Affirmative Action (231)724-6703 FAX: (231)722-1214 Assessor/Equalization (231)724-6708 l,c.1 v c.,J FAX: (231)726-5181 <;1 rv nF MUSKEGON Cemetery Department November 2, 2001 (231 )724-6783 FAX: (231)726-5617 NOV 13 200 1 City Manager (231)724--6724 FAX: (231)722-1214 Civil Suvtce (231)724-6716 FAX: (231)724--4405 2001 C/W 24-779-001-0005-00 3377 WINNETASKA Clerk MUSKEGON, Ml 49441 45 (231)724-6705 FAX: (231)724--4178 Community and Neigh. Servlcell (231)724-6717 Property Parcel Number: 24-779-001-0026-00 at OW SHERMAN BLVD FAX: (231)726-2501 Computer Info. Systems NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL (231 )724-6744 FAX: (231)722-4301 Dear Property Owner: Engineering Dept. (231)724-6707 The Muskegon City Commission has previously approved the project described below and will now FAX: (231)727--6904 consider final confirmation of the special assessment roll: Finance Dept. (231)724-6713 Sherman Boulevard, Lincoln Street to Glenside Boulevard. FAX: (231)724--6768 Fire Department Public Hearings (231)724-6792 FAX: (231)724--6985 A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, Income Tax November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or (231 )724-6770 in writing to express your opinion, approval, or objection concerning the special assessment. Written :FAJ{: (111)724--6768 appearances or objections must be made at or prior to the hearing. Inspection Services (231)724-6715 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT FAX: (231)728-4371 EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS Leisure Services CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE (231)724-6704 CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER, FAX: (231)724--1196 UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING Mayor's Office BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL (231)724-6701 BE LOST. FAX: (231)722-1214 Plannlng/Zonlng (231)724-6702 FAX: (231)724--6790 The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84 (13%) will be paid by special assessment to property owners. If the special assessment is confirmed, Police Deptartment (231)724-6750 your property will be assessed $2,557.65 based on 144.5 feet assessable front footage at $17.70 per FAX: (231)722-5140 assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of Public Works Dept. (231 )724-4 IO0 $2,557.65. Following are the terms of the special assessment: FAX: (231)722-4188 Assessment Period: Ten (10) Years Treasurer's Office (231)724-6720 Interest Rate: 5% per year FAX: (231)724--6768 First Installment: $255. 77 Due Date: JANUARY 14, 2002 Water Billing Dept. (231)724-6718 FAX: (231)724--6768 Water Filtration (231)724-4106 FAX: (231)755--5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 Affirmative Action (231)724-6703 FAX: (231)722-1214 Assessor/Equallzallon (231)724-6708 FAX: (231)726-5181 Cemetery Department (231)724-6783 November 2, 2001 FAX: (231)726-5617 City Manager (231)724-6724 FAX: (231)722-1214 Civil Service. (231)724-6716 FAX: (231)724-4405 2002 C/W 24-779-001-0004-00 3377 WINNETASKA Clerk MUSKEGON, Ml 49441 4 (2J I )724-6705 FAX: (231)724-4178 Community and Neigh. Services (23 t )724-6717 Property Parcel Number: 24-779-001-0005-00 at 2591 MCCRACKEN ST FAX: (231)726-2501 Computer Info. Systems NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL (231)724-6744 FAX: (231)722-4301 Dear Property Owner: Engineering Dept. (231)724-6707 The Muskegon City Commission has previously approved the project described below and will now FAX; (231)727-6904 consider final confirmation of the special assessment roll: Finance Dept. (231)724-6713 Sherman Boulevard, Lincoln Street to Glenside Boulevard. FAX: (231)724-6768 Fire Department Public Hearings (231)724-6792 FAX: {231)724-6985 A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, Income Tu: November 13, 2001 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or (231)724-6770 in writing to express your opinion, approval, or objection concerning the special assessment. Written FAX: (231)724-6768 appearances or objections must be made at or prior to the hearing. Inspection Services (231)724-6715 YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT FAX: (231)728-4371 EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS Leisure Services CONFIRMED NOVEMBER 13, 2001 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE (231)724-6704 CONFIRMATION TO FILE A WRITTEN APPE.l\L WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER, FA,X: (231)724-1196 UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING Mayor's Office BEFORE OR AT THE HEARING, YOUR RI.GHT TO APPEAL TO THE MICHIGAN TAX TRI BU MAL WILL (231)724-6701 BE LOST. FAX: (231)722-1214 Planning/Zoning {231 )724-6702 FAX: (231)724-6790 The final projected cost of the street improvement portion of the project is $656,000 of which $85,268.84 (13%) will be paid by special assessment to property owners. If the special assessment is confirmed, Police Deptartmenl (231)724-6750 your property will be assessed $1,106.25 based on 62.5 feet assessable front footage at $17.70 per FAX: (231)722-5140 assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of PubUc Work.'l Dept. (231)724-4100 $1,106.25. Following are the terms of the special assessment: FAX: (231)722-4188 Assessment Period: Ten (10) Years Treasurer's Office {231)724-6720 Interest Rate: 5% per year FAX: (231)724-6768 First Installment: $110. 63 Due Date: JANUARY 14, 2002 Water BIiiing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231 )724-4106 FAX; (231)755--5290 City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536 H-1517 HEARING DATE NOVEMBER 13, 2001 Sherman Boulevard, Lincoln Street to Glenside Boulevard. SPECIAL ASSESSMENT ROLL OR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-645-000-0017-00 1916 SHERMAN BLV SHEDD GARY/BETTY · 550 W NORTON MUSKEGON Ml 49444 $743.40 $0.00 $743.40 24-382-028-0031-00 2590 CUMBERLAND CRAYMER BRUCE D/P 2590 CUMBERLAND S MUSKEGON Ml 49441 1,460.25 $0.00 $1,460.25 24-645-000-0023-00 1830 SHERMAN BLV RAHRIG PROPERTIES 1821 MANOR DR MUSKEGON Ml 49441-0 1,813.36 $0.00 $1,813.36 24-645-000-0019-00 1832 SHERMAN BLV FRANTZ KATHRYN TR 2437 MEMORIAL DR. MUSKEGON Ml 49445 $708.00 $0.00 $708.00 24-645-000-0022-00 1850 SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR MUSKEGON Ml 49445 1,004.47 $0.00 $1,004.47 24-645-000-0021-00 1862 SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR MUSKEGON Ml 49445 $973.50 $0.00 $973.50 24-205-615-0001-00 1780 SHERMAN BLV CPU PROPERTIES 3419 W BARD RD MUSKEGON Ml 49445-9 1,416.00 $0.00 $1,416.00 24-645-000-0018-00 1892 SHERMAN BLV LANG TIMOTHY E 1892 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-205-615-0001-10 1776 SHERMAN BLV KS CAR WASH 1684 W HARBOUR TO MUSKEGON Ml 49441-6 1,608.05 $0.00 $1,608.05 24-645-000-0015-00 1924 SHERMAN BLV ZWART WILLIAM 2065 MANITOU CIR MUSKEGON Ml 49441 1.239.00 $144.00 $1,383.00 24-645-000-0014-00 1928 SHERMAN BLV LAMSE EDWARD C UV 789 HOLLY CREEK D HOLLAND Ml 49423 $708.00 $114.30 $822.30 24-645-000-0013-00 1932 SHERMAN BLV GUE JUNE 3020 PECK ST APT 21 MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-645-000-0012-00 1936 SHERMAN BLV HEETHUIS GERALD 1936 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-645-000-0011-00 1940 SHERMAN BLV DANIELS GRACE/ET A 1940 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-645-000-0010-00 1944 SHERMAN BLV CROWELL JANICE 1944 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-645-000-0020-00 1870 SHERMAN BLV FRANTZ KATHRYN AT 2437 MEMORIAL DR MUSKEGON Ml 49445 $973.50 $0.00 $973.50 24-382-015-0014-00 1508 SHERMAN BLV ANDERSON SALLY 1508 W SHERMAN BL MUSKEGON Ml 49441 $885.00 $0.00 $885.00 ' 24-205-615-9991-00 1745 GREENWOOD BUCKNER SHERMAN L 3194 S HENRY ST MUSKEGON Ml 49441 2,554.11 $0.00 $2,554.11 Page 1 of 5 H-1517 HEARING DATE NOVEMBER 13, 2001 Sherman Boulevard, Lincoln Street to Glenside Boulevard. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-645-000-0005-00 1996 MCCRACKEN HOLDEMAN STEPHEN 2011 LETART AVE MUSKEGON Ml 49441-1 1,106.25 $0.00 $1,106.25 24-779-001'-0005-00 2591 MCCRACKEN 2002 CN-J 24-779-001-0 3377 WINNETASKA MUSKEGON Ml 49441 1,106.25 $0.00 $1,106.25 24-382-028-0019-00 1426 SHERMAN BLV ACHTERHOFF JOHN E 1065 FOURTH ST SUI MUSKEGON Ml 49441-1 $690.30 $0.00 $690.30 24-382-028-0026-00 1456 SHERMAN BLV ACHTERHOFF JOHN E 1065 FOURTH ST SUI MUSKEGON Ml 49441-1 $708.00 $0.00 $708.00 24-645-000-0024-00 1788 SHERMAN BLV RAHRIG PROPERTIES 1821 MANOR DR MUSKEGON Ml 49441 1,947.00 $0.00 $1,947.00 24-382-028-0028-00 1476 SHERMAN BLV KELLY SHIJUAN L 1476 W SHERMAN BL MUSKEGON Ml 49441 1,460.25 $0.00 $1,460.25 24-779-001-0025-00 2050 SHERMAN BLV STEGALL REX 2050 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $0.00 $734.55 24-382-015-0015-00 1512 SHERMAN BLV ANDERSON SALLY 1508 W SHERMAN MUSKEGON Ml 49441-0 $902. 70 $0.00 $902.70 24-382-015-0017-00 1540 SHERMAN BLV SALLY ANDERSON CO 1540 W SHERMAN BL MUSKEGON Ml 49441 2,548.80 $0.00 $2,548.80 24-382-015-0020-00 1550 SHERMAN BLV ROCK N ROAD CYCLE 300 N SEVENTH GRAND HAVEN Ml 49417 $575.25 $0.00 $575.25 24-381-014-0012-00 1680 SHERMAN BLV PRESBYTERIAN CHUR 2577 WICKHAM DR MUSKEGON Ml 49441 3,738.77 $0.00 $3,738.77 24-381-004-0006-00 1704 SHERMAN BLV DEWALD LORRAINE H 1580 NELSON ST MUSKEGON Ml 49441 3,572.39 $0.00 $3,572.39 24-205-615-0001-20 1768 SHERMAN BLV BUCKNER CONVENIE 1768 W SHERMAN BL MUSKEGON Ml 49441 3,251.49 $0.00 $3,251.49 24-382-028-0027-00 1466 SHERMAN BLV VANDEN BOSCH DAVI 1466 W SHERMAN MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-545-004-0018-00 2320 SHERMAN BLV MCPHERSON JACK 3939 BENNETT ST MUSKEGON Ml 49441 2,124.00 $0.00 $2,124.00 24-779-002-0020-00 2168 SHERMAN BLV ZERFAS EVELYN 2168 W SHERMAN BL MUSKEGON Ml 49441 $885.00 $0.00 $885.00 24-779-002-0019-00 2176 SHERMAN BLV FRANKS SCOTT A 2176 W SHERMAN SL MUSKEGON Ml 49441 $885.00 $0.00 $885.00 24-779-002-0017-00 2184 SHERMAN BLV PARKER JAY C 2184 W SHERMAN BL MUSKEGON Ml 49441 $885.00 $0.00 $885.00 Page 2 of 5 r-., H-1517 HEARING DATE NOVEMBER 13, 2001 Sherman Boulevard, Lincoln Street to Glenside Boulevard. SPECIAL ASSESSMENT ROLL DR APP l PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-779-002-0016-00 2190 SHERMAN BLV ANDERSEN DOROTHY 2190 W SHERMAN BL MUSKEGON Ml 49441 $885.00 $0.00 $885.00 j 24-205-669-0001-00 2250 SHERMAN BLV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 0,372.20 $0.00 10,372.20 ' lI 24-645-000-0008-00 1960 SHERMAN BLV BENEDICT MICHAEL 2164 LETART AVE MUSKEGON Ml 49441 1,416.00 $0.00 $1,416.00 li 24-545-004-0017 -00 24-779-002-0024-00 2312 2146 SHERMAN BLV MCPHERSON JACK SHERMAN BLV MILLER DONNA 3939 BENNETT ST MUSKEGON 2146 W SHERMAN BL MUSKEGON Ml 49441 Ml 49441 $708.00 $708.00 $0.00 $0.00 $708.00 $708.00 1 ' 24-545-004-0021-00 2340 SHERMAN BLV JACOBS MARY 2340 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-545-004-0022-00 2346 SHERMAN BLV COOPER ELI J 5967 AIRLINE RD FRUITPORT Ml 49415 $708.00 $0.00 $708.00 24-545-004-0023-00 2356 SHERMAN BLV GIBBS ANDREWW 2356 W SHERMAN BL MUSKEGON Ml 49441 1,947.00 $0.00 $1,947.00 24-545-004-0026-00 2368 SHERMAN BLV LANGLOIS DONALD A 3218 MICHILLINDA RD WHITEHALL Ml 49461-9 $885.00 $0.00 $885.00 24-545-004-0027 -00 2376 SHERMAN BLV WILSON JOHN 2376 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-545-004-0028-00 2382 SHERMAN BLV BENNINGER ROBERT 2418 CUTLER AVE MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-545-004-0016-00 2308 SHERMAN BLV MCPHERSON JACK 3939 BENNETT ST MUSKEGON Ml 49441 $743.40 $0.00 $743.40 24-779-002-0030-00 2108 SHERMAN BLV CUNNINGHAM RONAL 2108 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-545-004-0029-00 2390 SHERMAN BLV DAUGHTERY JEFFRE 3997 S WICKHAM DR NORTON SHO Ml 49441 1,416.00 $0.00 $1,416.00 24-779-001-0024-00 2056 SHERMAN BLV LOPEZ DAVID 2056 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $0.00 $734.55 24-779-001-0023-00 2062 SHERMAN BLV YOUNG LAWRENCErr 1980 HORTON RD N MUSKEGON Ml 49445 $734.55 $0.00 $734.55 24-779-001-0022-00 2068 SHERMAN BLV HURNEY MICHAEL V/G 2068 W SHERMAN MUSKEGON Ml 49441 $734.55 $0.00 $734.55 24-779-001-0021-00 2074 SHERMAN BLV TAULBEE KATHRYNE 2074 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $0.00 $734.55 Page 3 of 5 0 I • _. 0 • Sherman Boulevard, Lincoln Street to Glenside Boulevard. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-779-001-0020-00 2080 SHERMAN BLV MCKNIGHT DONNA J 2080 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $0.00 $734.55 24-779-002-0021-00 2154 SHERMAN BLV MARTIN MARY I 2154 W SHERMAN BL MUSKEGON Ml 49441 1.416.00 $0.00 $1,416.00 24-779-001-0018-00 2092 SHERMAN BLV HEGBLOOM JUDITH A 2092 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $0.00 $734.55 24-779-002-0023-00 2150 SHERMAN BLV BUTTERFIELD DONAL 2150 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-779-002-0029-00 2112 SHERMAN BLV IBERSHOFF KARL 3000 COUNTRY CLUB MUSKEGON Ml 49441-1 $708.00 $0.00 $708.00 24-779-002-0027-00 2120 SHERMAN BLV IBERSHOFF KARL 3000 COUNTRY CLUB MUSKEGON Ml 49441-1 1.416.00 $0.00 $1,416.00 24-779-001-0026-00 0 SHERMAN BLV 2001 C/W24-779-001-0 3377 WINNETASKA MUSKEGON Ml 49441 2,557.65 $0.00 $2,557.65 24-779-002-0026-00 2130 SHERMAN BLV SUNSET GLOBAL PO BOX 160128 SACRAMENTO CA 95816-0 $708.00 $0.00 $708.00 24-779-002-0025-00 2136 SHERMAN BLV BUTTERFIELD CATHE 2136 W SHERMAN BL MUSKEGON Ml 49441 $708.00 $0.00 $708.00 24-645-000-0006-00 1964 SHERMAN BLV STUBBS ROBERT D 1964 W SHERMAN BL MUSKEGON Ml 49441 1.416.00 $0.00 $1,416.00 24-779-001-0019-00 2086 SHERMAN BLV KOSLOSKY EDWARD/ 2086 W SHERMAN BL MUSKEGON Ml 49441 $734.55 $154.80 $889.35 Page 4 of 5 H-1517 HEARING DATE NOVEMBER 13, 2001 Sherman Boulevard, Lincoln Street to Glenside Boulevard. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL TOTALS $84,618.03 $413.10 $85,031.13 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS - DIRECTO , OUNTY~u DATE . /? :::-:;_ ~ ~ ROBERT SCHWfi((_E;: c1~o"M~"".::~"'--bATE a,f_~ pii~i-JEDICT CITY COMMISSIONER /1-/9-o/ DATE Page 5 of 5 Commission Meeting Date: November 14, 2001 Date: November 7, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development cJ!J 0 RE: DDA Plan Amendment Ordinance SUMMARY OF REQUEST: To approve the attached ordinance approving an amendment to the Downtown Development Authority Development and Tax Increment Financing Plans. The proposed amendment shall remove the Muskegon Mall from the DDA development area. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached ordinance COMMITTEE RECOMMENDATION: The Muskegon Downtown Development Authority, at its regular meeting on September 18, 2001, approved a resolution to amend the Development and Tax Increment Financing Plan. 11/7/2001 ii City of Muskegon County of Muskegon, Michigan ORDINANCE NO. 2060 AN ORDINANCE APPROVING AMENDMENTS TO THE DOWNTOWN DEVELOPMENT PLAN AND TAX INCREMENT FINANCE PLAN OF THE CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY Recitals WHEREAS, the Muskegon Downtown Development Authority (the "Authority") has previously prepared and approved a Downtown Development Plan and Tax Increment Finance Plan (the "Plan") for the Development Area described in the Plan, which was approved by the City Commission on July 12, 1988, pursuant to Ordinance No. 969; and, WHEREAS, the City Commission approved amendments to the Plan on March 31, 1989, (the" 1989 Amendment") pursuant to Ordinance No. 982; and, WHEREAS, the City Commission approved amendments to the Plan on August 28, 2001, pursuant to Ordinance No. 2f50; and, WHEREAS, the Authority has prepared and recommended for approval an amendment, attached hereto as Exhibit A (the "Plan Amendment"), to the Plan; and, WHEREAS, on November 13, 2001, the City Commission held a public hearing on the Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (the "Act"); and, WHEREAS, the purpose of the amendment is to amend the Development Plan and Tax Increment Financing Plan to remove certain parcels from the development area set fmth in those Plans; and, C:\TEMP\9Q7900.DOC WHEREAS the City Commission has given the taxing jurisdictions in which the Development Area is located an oppo1tunity to meet with the City Commission and to express their views and recommendations regarding the Plan Amendment as required by the Act, NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS: 1. Findings (a) The development plan portion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in Section 17(2) of the Act, and the tax increment financing plan po1tion of the Plan, as amended by the Plan Amendment, meets the requirements set forth in Section 14(2) of the Act. (b) The proposed method of financing the development is feasible and the Authority has the ability to arrange the financing. (c) The development is reasonable and necessary to carry out the purposes of the Act. (d) Any land included within the Development Area to be acquired is reasonably necessaTy to carry out the purposes of the Act. (e) The Plan, as amended by the Plan Amendment, is in reasonable accord with the master plan of the City. (f) Public services, such as fire and police protection and utilities, are or will be adequate to service the Development Area. (g) Changes in zoning, streets, street levels, intersections, and utilities, to the extent required by the Plan, as amended by the Plan Amendment, are reasonably necessary for the Plan, as amended by the Plan Amendment, and for the City. 2. Public Pmpose. The City Commission hereby determines that the Plan, as amended by the Plan Amendment, constitutes a public purpose. C:\TEMP\9Q7900.DOC 3. Best Interest of the Public. The City Commission hereby determines that it is in the best interests of the public to halt property value deterioration, increase property tax valuation, eliminate the causes of the deterioration in property values, and to promote growth in the Downtown District to proceed with the Plan, as amended by the Plan Amendment. 4. Approval and Adoption of Plan Amendment. The Plan Amendment is hereby approved and adopted. A copy of the Plan, the Plan Amendment, and all later amendments thereto shall be maintained on file in the City Clerk's office. 5. Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No. 969 is hereby amended by this Ordinance. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby repealed. Each section of the Ordinance and each subdivision of any section thereof is hereby declared to be independent, and the finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed or held to affect the validity of any other section or subdivision of the Ordinance. 6. Paragraph Headings. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of the Ordinance. 7. Publication and Recordation. The Ordinance shall be published in full promptly after its adoption in the Muskegon Chronicle, a newspaper of general circulation in the City, qualified under State law to publish legal notices, and shall be recorded in the Ordinance Book of the City, which recording shall be authenticated by the signature of the City Clerk. 8. Effective Date. The Ordinance is hereby determined by the City Commission to be immediately necessary for the interests of the City and shall be in full force and effect from and after its passage and publication as required by law. C:\TEMP\9O7900.DOC Passed and adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, on November 13 , 2001. AYES: Members Nielsen, Schweifler, Shepherd, Spataro, Aslakson , Benedict Buie NAYS: Members _ None _____________________ __:_:_;::..:..:..::::....._ ABSENT: Members -----'-'-'='------- None - - - ~ - - - - - - - -- -- - ORDINANCE DECLARED ADOPTED. EFFECTIVE .DATE: December 3 , 2001. CITY OF MUSKEGON By Aw-0 ~ Gail A. Kundinger City Clerk I hereby certify that the foregoing is a true and complete copy of Ordinance No. 2060 adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on November 13, 2001, and that said meeting was conducted and public notice of said meeting was given pursuant to and jn full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ~ Q- ~ g ; Gail A. Kundinger City Clerk C:\TEMP\9Q7900.O0C EXHIBIT A DEVELOPMENT PLAN AMENDMENT NOVEMBER 13, 2001 The original Development Plan of 1988, as amended in 1989 and 2001, is further amended in Section II.A. to amend the boundaries of the DDA development area by deleting the following parcels: Muskegon Mall Property located within the area bounded by Terrace Street, Clay Street, Third Street and Morris Street, City of Muskegon, described as follows: Lands located in the Revised Plat (of 1903 of the City of Muskegon) described as follows: Parts of Blocks 309,310, 311, 312, 559, 560, 561, 564 and 565, described in detail as follows: Entire Block 309 lying Westerly of the Westerly line of Terrace Street as relocated (the Westerly line of Terrace Street relocated described at the end of the description), including the East/West and North/South alleys vacated in said Block 309; Also Lots 1 to 11, inclusive, of Block 310, and the Northerly 1/2 of the vacated East/West alley adjacent thereto, and Lot 18 and the Southerly 1/2 of the East/West alley adjacent thereto of said Block 31 O; Also the entire Block 311 except the East/West alley in said Block 311; Also the entire Block 312, including all vacated alleys in said Block 312; Also Lots 7 to 16, inclusive, of Block 559 lying Southerly of Morris Street and Westerly of Terrace Street as relocated (see description of relocated Morris/Terrace Street below); Also the entire Block 560, including the vacated alley in said Block 560; Also Lots 3 to 15 of Block 561 lying Southeasterly of the Southeasterly line of Morris Street, and the Southeasterly 1/2 of the vacated 18 foot alley that runs Southwest to Northeast in said Block 561; Also Lots 1 and 2, Lot 7 and Lots 8 to 13, inclusive, of Block 564; Also Lots 1 to 18, inclusive, of Block 565, and the entire vacated alley adjacent to Lots 3 to 15, inclusive, of said Block 565; C:\TEMP\9Q7900.DOC Also including the entire vacated Western Avenue Easterly of Third Street and Westerly of Terrace Street as relocated; Also including vacated Jefferson Street North of Clay Avenue; Also including vacated Jefferson Street North of Western Avenue aud South of Morris Avenue; Also including vacated Market Street Westerly of Terrace Street (relocated) and Easterly of a line described as beginning at the Southeast corner of Lot 2, Block 561, thence Southeasterly along the East line of said Lot 2, if extended, 33 feet, thence Southwesterly along the centerline of Market Street to the intersection of said line with Western Avenue for Point of Ending of said line; Also including the Southwesterly 1/2 of vacated First Street adjacent to Lots 13, 14 and the alley in Block 311; Also including the entire vacated First Street lying North of the Northerly alley of said Block 311, aud South of a line described as: connnencing at the Northeast corner of Lot 13, Block 564, thence Northeasterly along the extension of the North line of said Lot 13, 10 feet more ofless, thence South 86°00'00" East 5.66 feet, thence South 41 °33'00" East 43.1 feet, thence South 86°00'00" East 17.9 feet, thence North 49°00'00" East 199.83 feet to the Point of Ending of said line; Also including that paii of Second Street lying Southerly of the Southerly line of the alley in Block 565, if extended Easterly to the Northwest corner of Lot 8, Block 564; Also including that part of the Southwesterly 1/2 of Second Street adjacent to Lot 18 of Block 565 and Lot 8 of Block 564. C:\TEMP\907900.DOC \ff,·tm,Jli,l' \l'l1'lll ' I l "''-1.(,"UJ ,_· '- \ _:ZT-TTT4--~' \,,l''-'<Ur !J L"'l'!-l'.1,70X F \.\/72t.-51XI ( l"nll'll'f~ !JI "'!-U711J ~ \ \ "!1,-%1" ( 1\11 Sl'r\tCl' !J l:7!,U'16 t \\!7!-1--lllSS Wmt Mldllgan's Shorellne Oty ("krk !J 117!-l-6705 F \\/72-1--1l7N Sen ice~ October 19, 2001 Bl/724-6717 F,\X/726-!SIII Enginctring Dr. Joseph Schulze ?31/724-6707 F. \:\/727-691U Superintendent Muskegon Public Schools Finance !31/7H-671J 349 W. Webster Avenue F.-\X/72-1-6768 Muskegon, Ml 49440 Fire l>l.'IJI. !31/72-1-671)2 FA\/72-1-6985 Mr. Frank Bednarek In.come Ta, Administrator/Controller !31/72-1-6770 Muskegon County F,\:\/72-1-6768 990 Terrace Street ln.fo. Sys1cms Muskegon, Ml 49442 !31/72-1-67-14 FX\'./722--001 Leisure .S~rvice 231/724-670-1 Dr. Michael H. Bozym F.--\X/724-1196 Superintendent '.\lanager's Office Muskegon Area Intermediate Schools !Jl/72-1-6724 630 Harvey Street FA:\/722-121-1 Muskegon, Ml 49442 .\l.iyor's Office 231/72-1-6701 Dr. Frank Marczak F.-\.\/722-ll I 4 President \ei~h. & Const. Muskegon Community College Sen·ices !31/72-U,715 221 South Quarterline Road F.-\.\/726-250 I Muskegon, Ml 49442 i'lanninl!/Zuning 23 I /724-6702 F.\\/7:U-6790 Gentlemen: Police Deiit. 2J I /72-1-6750 As you are probably aware, the owner of the downtown Muskegon Mall has filed a F. \.\/722-51-IU tax appeal. The mall is currently assessed at over $6 million ($12 million market l'uhlic Works value) and the tax appeal states that the corrected taxable valuation should be 23 1/72-1--1100 F.\.\/722--1188 $500,000. Of the current taxable value, 83% represents base value on development that existed at the lime the Downtown Development Authority (DOA) was created in Treasurer 131172-1-6720 1989 and the remainder represents incremental value captured for DOA purposes. F.-\:\/72-1-6768 Thus, the $348,147 of annual taxes currently paid by the mall are allocated \\ ater Rilling Dept, approximately as follows: !3 l/72--l--61f8 F.-\.\/72-1-6768 \\-iltl•f Filtration !Jl/7!-1--110<, F \.\1755-52'>0· City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 • $59,185 - To DDA (taxes on captured increment) • $56,926 - To city general fund (taxes on base) • $38,001 - To county (taxes on base) • $12,856 - To Community College (taxes on base) • $15,892- To MAISD (taxes on base) • $165,287 - To Muskegon Public Schools (taxes on base) Given the present retail situation in the Muskegon area, it is quite possible that the tax appeal will result in some reduction in the mall's taxable valuation. The DDA law does not adequately address what happens when property values decline. It appears that so long as the mall remains within the boundaries of the DOA development area, the DDA would be liable for the full impact of any tax appeal loss even to the extent that the Joss exceeds the tax increment revenue that the ODA receives from the mall property. Clearly, this is an unacceptable result. As the ODA never benefited from taxes generated on the 83% of mall value represented by the base, it is illogical that it should have to make up other unit's taxes lost due to assessment losses that extend to the base. Accordingly, the City Commission is in the process of correcting this situation by removing the mall from the ODA development area. This will ensure that any tax loss resulting from a decline in the mall's base value will be proportionately shared among the taxing units (including the city) that receive revenue from that base. A public hearing on this matter has been scheduled for 5:30 PM on Tuesday, November 13, 2001. Additionally, the City Commission will discuss the matter at its work session at 5:00 PM Monday, November 5, 2001. You are invited to attend either or both of these meetings. In the meantime, if you have any questions regarding this matter please contact me at 724-6724 or Mr. Timothy Paul, City Fi~ance Director, at 724-6709. Thank you. 7~. Ztazar 1 City Manager Date: September 28, 2001 To: Honorable MayorJlnd City Commissioners From: Ric Scott /~r,;/ RE: Consumers Energy Memorandum of Understanding SUMMARY OF REQUEST: To adopt the attached Memorandum of Understanding with Consumers Energy for the use of the property across from Veteran's Park for a future soccer complex FINANCIAL IMPACT: None at this time BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Leisure Services Board Recommends approval Affirmotlve Action 231 /724-6703 t'AX/722-121.¢ Assessor 23 l /724-6708 FAX/726-5 18 1 Cemetery 23 I /724-6783 FAX/726-5617 Civil Service 231 /724-67 I 6 FAX/724-4405 West Michigan's Shoreline City Clerk 23 I /724-6705 FAX/724-4178 Date: September 28, 2001 Comm, & Neigh. Services To: Honorable City Commissioners 231/724-67 17 FAX/726-250 I From: Ric Scott Engineering 231/724-6707 Re: Consumers Energy Memorandum of Understanding FAX/727-6904 The attached Memorandum of Understanding with Consumers Finance 231 /724-67 13 Energy Company is for the future use of the property FAX/724-6768 across from Veteran's Park as a soccer complex. The Fire Dept. attorney staff has approved the document. 231 /724-6792 FAX/724-6985 The agreement basically states that Consumers Energy Income Tox will sell the property to the City for the price 231 /724-6770 established by an appraisal, but based on the FAX/724-6768 availability of Grant monies including the DNR Trust Info. Systems Fund. Consumers will donate the purchase price to the 231/724-6744 FAX/722-4301 City for use as matching funds to build the complex sometime in the future, as grant funds become available. Leisure Service 23 I /724-6704 F AX/724- 1196 The city will be responsible for maintaining the surface portion of the property once the project is built, and Munagcr's Office 231 /724-6724 Consumers is responsible for the contaminated ground FAX/722-12 14 under the complex. Mayor's Office 231 /724-670 I I would ask that you authorize the Mayor and Clerk sign FAX/722-1214 the agreement and direct staff to proceed with the Inspectlon Services project. 231/724-6715 FAX/726-250 I Thank you for your consideration. Plnnnlng/Zonlng 231 /724-6702 FAX/724-6790 Police Dept. 231 /724-6750 FAX/722-5140 l'ubllc Works 231/724-4100 FAX/722-4188 Treusurer 231/724-6720 FAX1724-6768 Wnter Billing Dept. 231/724-6718 FAX/724-6768 Water Filtration 231/724-4106 F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Consumers Energy A CMS Energy Company 8. C. Cobb Plant Tel: 231 727 6100 151 North Causeway Fax: 231 727 6251 Muskegon, Ml 49445 October 9, 2001 Ric L. Scott Leisure Services Director City of Muskegon P.O. Box 536 Muskegon, MI 49443-0536 Re: B.C. Cobb Plant Ash Disposal Areas 4 & 4A Dear Mr. Scott: As you know, Consumers Energy Company is seeking closure of this property and has been reviewing two closure options. We feel that the best option is to close the site with a joint effort involving the City and the Michigan Depaitment of Environmental Quality, as an area-wide sports complex in seven years from the start of closure. For this option to become a reality, we are asking the City to approve and execute the attached Memorandum of Understanding by the end of this year. We would be pleased if you would present this Memorandum to the City Cmmnission for its consideration and approval as soon as possible. Myself and other plant representatives are available to answer any questions or concerns City staff or Commissioners may have regarding this project. Generating Plant Manager Enclosure ~ [ ~ 0 !z,,! ,~ li::t 8< < O ~g \le ~ •l ITT ITT ~i "~ SID ·~[~ ~f r < C ~ i " ill z ~ in fil s "< ~ ~~ sz ~~ 0 ~ . !sf .~~, I~~ -~• >o ,J o< ca 5ill C \ 5• ffi' ;l~ m "" ::~i'li ~ ~" X:ko <l.l:Jll:'. rrlf \ ~~~ _,, \ ill ill i~~ _,.,., _,, \ . 3 3 ~ffi~ _,, \ I I I I \ •' ill I "~ ;l i i " ill ~ ----- -- . This Memorandum of Understanding is entered into as of this 13th day of November , 2001, by and between the City of Muskegon, a Michigan public authority and body corporate, whose address is P.O. Box 536, Muskegon, Ml 49443-0536 (the City), and Consumers Energy Company, a Michigan corporation, whose address is 212 West Michigan Avenue, Jackson, Michigan 49201 (Consumers). Recitals A. Consumers owns a parcel of land of approximately 68 acres in the City of Muskegon (the Land), which Consumers has used for ash disposal in connection with its B.C. Cobb Plant. B. Consumers intends to close the landfill on the Land in conformance with the B.C. Cobb Plant Ash Disposal Area 4 and 4A Final Closure Plan approved by the Michigan Department of Environmental Quality (MDEQ) on April 23, 2001 (the Plan). Consumers has supplied upon execution of this Memorandum a complete copy of the Closure Plan draft as last filed with MDEQ with any amendments to date to the City, and will supply the City with the final Closure Plan before execution of a Contract. C. The City is interested in acquiring the Land for development as an area-wide sports complex. D. Consumers is willing to sell the Land to the City if the City's development of the Land is consistent with the Plan. E. Consumers and the City wish to set forth their intentions and a framework of their respective obligations and commitments that will later form the basis of a formal agreement between the parties, if the stated contingencies occur and if, in the judgment of both parties, it continues to be appropriate to enter into the contract. Understanding The City and Consumers hereby express their understanding and intent to enter into an agreement for the sale of the Land to the City in the future, on the following terms and conditions: 1. The City will buy the Land from Consumers if sufficient funds, such as Michigan Department of Natural Resources (MDNR) Trust Fund monies in an amount equal to 75% of the purchase price, are available to the City. The purchase price will be an amount 00100\1698\ag\9S8582.doc 1 that the City and Consumers mutually agree on, but if the sole source of funding assistance_is MDNR Trust Fund monies, then the purchase price shall be no less than the value of the Land as determined by a MDNR-accepted appraisal. Consumers will convey to the City marketable title to the Land, by quit-claim deed, reserving minerals but without the right to enter the surface for mineral development. 2. Contemporaneously with the City's payment of the purchase price to Consumers, Consumers will make a donation to the City in an amount equal to 25% of the purchase price . In addition, Consumers shall make available to the City on a continuing basis funds in amounts totaling up to 75% of the purchase price which the City will use, together with additional_ MDNR Trust Fund monies, other sources of grants or assistance, or other funds, for site work (including, without limitation, acquisition of additional land or interests in land from MOOT), for the proposed sports complex. 3. Consumers will be responsible for installing approximately 2.5 feet of fill above the barrier liner that Consumers will be installing on the Land. The City will be responsible for placing and maintaining the final cover material above the 2. 5 feet of fill. The City will be responsible for all engineering, material, installation, and other associated costs of this project from and above an elevation of 2.5 feet above the 40-mil linear low-density polyethylene (LLDPE) barrier liner Consumers installs on the Land. The City shall also be responsible for the cost of installing all underground utilities and other facilities to support the sports complex. 4. The City will coordinate the design of the sports complex with Consumers and the MDEQ and will get Consumers' and the MDEQ's approval of the design in order to insure that the City's use of the Land will not compromise the integrity of the subsurface remediation work to be performed on the Land. Consumers expects in the near future to enter into a Consent Order with the MDEQ that will incorporate a Remedial Action Plan. Before doing so, Consumers will provide the City with a full copy of the proposed RAP and include the City in consultation with MDEQ concerning the final provisions of the Consent Order and the RAP. In addition, Consumers will provide to the City a copy of any Consent Order and RAP that is entered. In obtaining a site closure from the MDEQ, Consumers will accommodate the City's needs to the extent possible without compromising the MDEQ Consent Order or its ability to obtain site closure in a timely manner to meet MDEQ closure time requirements. 5. The City will assume responsibility for preparing and submitting reports required by the MDEQ on surface integrity and for all maintenance work to the surface cover placed by the City over the barrier liner. Consumers will be responsible for preparing and submitting reports required by the MDEQ in connection with the maintenance and integrity of the barrier liner and the status of fly ash deposited at any place on the Land by Consumers, which shall not be placed except in accordance with the RAP and Closure P!an. 00100\1698\ag\9S8582.doc ') 6. Consumers will be responsible for any remediation that may arise from groundwater contamination from the fly ash located below the barrier liner installed on the Land. Consequently, in the deed to the City, Consumers will reserve easements in the Land to perform such remediation and to inspect and maintain those parts of the remediation for which Consumers is responsible. 7. The City will finish all work by mutually agreed-upon dates. The City and Consumers intend that the City will start construction within five years after the date of this Memorandum and will have all work finished by the end of year eight, but these time commitments depend on the phasing and availability of MDNRTrust Fund monies. The parties expect that this schedule will give the City enough time to acquire the any Michigan Department of Transportation (MDOT) property both parties determine is appropriate or needed and to perform design engineering, get funding, and issue contracts for the work. 8. In the deed to the City, Consumers will reserve easements in the Land for all existing electric line and for future electric lines to be built in and across the site, the latter_ based on the agreement of the City and Consumers in the proposed Contract as to the nature and location of easements for future electric lines. The City acknowledges that Consumers' trucks will from time to time be using the roadways and pathways the City installs on the Land. The City intends to build all roadways and pathways to sustain such use and agrees that Consumers will not be responsible for damage to the roadways and pathways as a result of such use. 9. The City will acquire from MOOT as much of the MDOT property located on the West and South end of the Land as both parties determine is appropriate in order to provide reasonable access tb the sports complex and to provide a buffer zone between the highway and the sports complex. The City shall pay all expenses of such acquisition, except the said expenses shall qualify as site work and shall be considered eligible for the matching funds from Consumers. 10. Within 2 years of the date of this Memorandum of Understanding, the City and Consumers will enter into a final agreement formalizing the terms and conditions of the sale of the Land to the City and more specifically addressing the matters set forth in this Memorandum, subject to the stated contingencies. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first set forth above. WITNESSES: CITY OF MUSKEGON 00100\1698\ag\9S8582.doc By: ~ By: ~O ~ r Its Garl j/ l11bLse0 t; f¾ot WITNESSES: CONSUMERS,ENERGY COMPANY m~ cJJvJ By: ~L «-:Z Its Sr. V. P. Generation ~py•~ AS TO FORM 'D'{\)L 00100\1698\ag\9S8582.doc L1 Consumers Energy Memorandum To: Gail Kundinger, Muskegon City Clerk From: Roger Morgenstern, Communications Director, B.C. Cobb Plan~ Date: December 6, 2001 Subject: Memorandum of Understanding original copies Attached, please find the six original copies of the Memorandum of Understanding approved by the Muskegon City Commission on November 13, 2001. Each have been signed by Mr. Robert A. Fenech, Conswners Energy Senior Vice President of Generation. After filling in the appropriate date on page 1 and getting signatures from the City, please send any originals the City does not need to retain on file to my attention at the Cobb Plant, 151 N. Causeway, Muskegon, MI 49445. If you have any questions, please feel free to call me at 727-63 81. Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Finance Director RE: Cobb Plant Sewer Settlement SUMMARY OF REQUEST: Approval of a negotiated settlement in the amount of $100,000 to compensate the city for past sewer use at the B.C. Cobb Plant that had gone unmetered and unbilled for many years. FINANCIAL IMPACT: $100,000 payment to the city's sewer fund. Additionally, all current and future sewer use at the plant will be metered and billed on a monthly basis. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: None. 9/18/97 Finance Administration Memo To: City Commission City Manager From: Financ~tor Date: Octo~001 Re: Proposed Sewer Settlement with B.C. Cobb Plant In late 1999 it was discovered that the B.C. Cobb Plant had an unmetered direct connection to the county's wastewater forcemain. Research showed that this connection was in fact approved by the city in 1975 prior to its installation. However, the matter was somehow forgotten and there was never any follow-up to ensure that a sewer meter had been installed or that the Cobb plant would be billed for sewer use. Moreover, because the Cobb plant is not a city water customer, the situation remained undetected for nearly 25 years. Since 1999, staff has met with Cobb plant officials on several occasions to resolve the matter. The Cobb plant installed a sewer meter (meeting city specifications) in July 2000 and flows were monitored on a weekly basis for a year. The meter is used for billing current and future use and also provided a basis for estimating the level of past flows that had not been metered. Based on this information and after many meetings with Cobb plant officials, staff has negotiated a settlement of $100,000 to fully compensate the city for past sewer use at the Cobb plant. We believe this is a fair settlement and recommend it to the City Commission for approval Please let me know if you have any questions concerning this matter. Thank you. O:\FINANCE\PAUL\MyDocuments\MEMO - CITY COMMISSION COBB SEWER SETTLEMENT.doc CITY OF MUSKEGON MICHIGAN M. L. LEYRER, P.E. , DIR. December 18, 1975 ENG., PUB. WKS. & UTILITIES Honorable Mayor and City Commission thru . Paul F. Frederick, City Manager Re: Sanitary Sewer Connection from B.C. Cobb Plant Gentlemen: Attached is a letter from Mr. R. A. Stough of the B.C. Cobb Plant. With this letter Consumers Power Company is requesting permission from the City to connect into the City's sanitaty sewer system. Because the City 1 does not have a collection system in the general vicinity of this p lant, the most feasible and economical way to provide s~wage facilities to them is with a direct connectior. to the County of Muskegons waste water system force main that serves North Muskegon. The County's formal approval of this connection is required and it is my understanding that they will not grant this approval until first the City of Muskegon formally approves the connection. As stated in the letter I discussed this matter with B.C. Cobb's Plant Engineer. I stated that the flow wci-uld have to be metered accurately so that it could be mathematically applied to the flow corning f r om North Muskegon. I therefore r ecomme nd the City Commission's approval of this request. APPROVED: MLL:j g ~ ~ e'rick, City Manager Date: November 13, 2001 To: Honorable Mayor and City Commissioners From: Finance Director RE: Selection of Agent of Record for Health Insurance SUMMARY OF REQUEST: As you may know, the PHP healthcare program (which has been the city's primary health service provider for several years) will cease operations in the Muskegon area over the next several months. This is the result of merger activity between Hackley Hospital and Spectrum Health of Grand Rapids and is a situation over which the city has no control. Nonetheless, the city must begin the search for a replacement healthcare program. As the first step in this process, staff recently issued a "request for qualifications" (RFQ) to agents/consultants specializing in the healthcare area. Four responses to the RFQ were received: Name Company Location Julie R. Balgooyen Independent Muskegon Dave Young Shoreline Insurance Agency Muskegon William D. Lewis Group Benefit Services Lansing/Grand Rapids Mitchell Singer Employee Benefit Resources Saginaw A committee (comprised of the city manager, assistant city manager, finance director, assistant finance director, and healthcare coordinator) met to rank the responses and interview the three top responders. The result of this process is a recommendation from the selection committee to appoint Julie R. Balgooyen as the city's agent of record for this project. Ms. Balgooyen most recently served as the city's account rep for PHP and has a thorough knowledge of our healthcare program and our needs. Additionally, she has a strong knowledge of the options available in the Muskegon-area market and impressed the committee with her ideas for minimizing employee disruption in the transition process. FINANCIAL IMPACT: The agent of record is compensated through commissions on premiums paid by the city after a new healthcare service provider is selected. At that time the city will negotiate a reasonable commission with the agent and carrier. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Appointment of Ms. Julie R. Balgooyen as the city's agent of record to assist in the selection of a healthcare plan replacement for PHP. COMMITTEE RECOMMENDATION: None. 9/18/97 Julie R. 1:)algoo_yen Licensed lndependentA,,;ent October 15, 2001 Mr. Timothy J. Paul City of Muskegon 933 Terrace Street Muskegon, Ml 49443 Dear Tim, Enclosed you will find my response to your Request for Qualifications for the selection of an agent for your employee health insurance benefit program. I have enjoyed servicing the City of Muskegon and look forward to talking with you soon. If you should have any questions please call me at (231) 773-3291. Sincerely, of:l!oyee Licensed Independent Agent Enc. ;769 Whispering Woods Drive, Muskegon, MJ +9++-1- (2; 1) 77J-)29 I REQUEST FOR QUALIFICATIONS 1. Name, address and other basic information concerning your firm including relevant licensing information. Name - Julie R. Balgooyen Address - 3769 Whispering Woods Drive, Muskegon, Ml 49444 Telephone - (231) 773-3291 Fax- (231) 773-3291 E-mail- jjj1231@aol.com Cell Phone - (231) 730-7390 Errors and Omissions Insurance - Blue Cross Blue Shield of Michigan Fed Tax ID# - In-Process (378-66-0398) Insurance License - Attachment A 2. Professional biographies and experience of individual who would be involved in servicing the city. Experience -15 years in health care industry in the Muskegon area A list of some of the accounts that I have been responsible for - DANA Perfect Circle Division Knoll Group SAPPI Fine Paper Gerber Products Neway Gerber Hospital General Dynamics Federal Mogul Brunswick Zelenka Nursery Coles Quality Foods GE (Johnson Technology) Howmet Corporation Michcon Eagle Alloy Kimberly Clark JSJ Corporation Honeywell Automatic Spring Products Comerica Bank Engine Power Components Quality Tool & Stamping Hackley Hospital Muskegon County City of Muskegon State of Michigan Page 2, Request for Qualifications Responsible for over two-thirds of Physicians Health Plan Book of Business which equated to over 14,800 fully insured members and over 8,400 self-funded members and represented over $50M in revenue. Completed annual Request for Proposals (RFP) for major accounts, including but not limited to: Muskegon County, GE (Johnson Technology), Knoll Group, Michcon, Kimberly Clark, SAPPI, Honeywell. Responsible for working with many employers that have an organized workforce, including but not limited to: DANA, Muskegon County, SAPPI, Howmet, Brunswick. This experience has given me the knowledge necessary to assist and analyze carriers and benefits for employers with a workforce that has a negotiated contract in place. I have also assisted management during their negotiation process with their healthcare quotes from carriers and any questions they may have regarding benefits and rates. Key Accomplishments • Successfully renewed over 97% of accounts over a 4-year period. • Designed a renewal analysis presentation for fully-insured and self- funded accounts • Designed a PowerPoint employee enrollment presentation • Blue Cross Blue Shield of Michigan Sales Consultant of the Year • Blue Cross Blue Shield of Michigan Vice Presidents Club Trainings/Community Involvement • Board of Directors American Red Cross • Leadership Academy • Division Coordinator Student Showcase • Volunteer Summer Celebration • Professional Selling Skills • Master Presenter • Time Management • Diversity 3. A list of 3 references (including contact person/phone number) of organizations having at least 200 employees for whom you have provided comparable services: - Edward Ozark, JSJ Corporation (616) 842-6350 Timothy Yarde, Dilesco Corporation (231) 726-4002 Also see Attachment B for written references Page 3 Request for Qualifications 4. A description of the manner in which you are compensated for your services - Commissions are built into the quotes from the carriers. 5. All other information you feel necessary for the city to make an informed decision. - My experience in the Muskegon market has given me knowledge for all carriers on a fully insured or self-insured basis. This enables me to be able to provide the City of Muskegon with a proposal which will include a premium analysis of each carrier, a benefit comparison of the City of Muskegon's current plan compared to the other carriers, and a disruption analysis including the City of Muskegon's employees and their dependents. The analysis will show who the employees and dependents are seeing for a Primary Care Provider (PCP) and if those PCP's participate with each carrier quoted. After a decision is made in regards to which carrier the City of Muskegon chooses, I will then assist with the enrollment process insuring that it is a smooth transition. I will then continue to assist the City of Muskegon with any claims, benefit, enrollment, etc., issues that may arise during the year. My office is local which enables me to be accessible at all times when issues arise. In closing, I believe that my qualifications, experience, references, demonstrated success, and knowledge of the Muskegon-area market and the healthcare products available fulfill the criteria for what the City of Muskegon is looking for in an agent. I want to thank you in advance for your consideration. .,,·••1'", \'-)"" ,::·-·_::<, ~:;'. •<)):•;• - ,.· '""°~,;c'-, · ._\• :_; .;<·- ,,-<",f-. · -;t:1,",f,' -'.,.:ct~~-/~'.It?i•:· f,;~;.~;_;;;..;,.;,...- -;_·<_:-·.r._::" ,, f:t ' ?_ ' , ,. ',,,~·,;~, ~, ,.,~ :.,-~•....,', ,? ,,,,,,v;., > f ,- •,,,,1;~ss1og;.: i -,. STAT1foii'-M1cB1GAN~,:,> \"' ·J,, '£,,, ', '• t - D~~~iijl~t-~~,,1,s,~f1t~i)~~i,i1,n:iit ·ti-.,~ 3,-~?i~i~,·;l:I J,.j\;;,; :\ SEfi,)JCESAttachment A ~!~t I •- ,Qf"ii"JCE'O!fi1t!N~CIAI:.\~ INS!;!RA.Nc;iJi'. SERVICES, _ ·I.J':<tf:ffi.: 1 1 li},f\1 l~l!;1~~ftffe~1J!~Ji ~ tls~f'' ;~ ~~;~;~~{f~l~;J~l~t J:;~ ; : .7.-~:. "' I!~,~ -·• ' , · ~ '<11, ~ 1 .it~~~~,~~~JWs,,'.~i.~ ..N :·C: :,, . ;', ; ,, ",.,.,A¾SJ/i:~tl:ll(t' - ~" - ' /i,~ 10 ENGAGqN ausl_N~s~JN 1tlerntAgant••·-••''i·e,v, -- ,,_ -,-, ,·-.-,,·:< ·<rh,:,Jt~/,r~,'.{i~~~:!}i-k:/[(&f BALGOOYEN, JULI 4691 BARNEY LANE MUSKEGON, Ml 49 ·•,:_.,1, ;\·~7~~t~!;~~i~ ' EVIEW-b\\tf:L ,,, ' -- - ---··--·- - -·-.--.---- --------- ------·---,- - --- --- ------- ----- OOT-12-01 FRI 02:52 PH FAX NO, P. 02 Attachment B October ·12, 2001 ·ro Wt1om It May Concern: I have been associated with Julie Balgooyen since March 1999 while I have worked at Sarpi Fine Paper North America and prior when I was employed with SPX Corporation as the Benefits Msnager. Specifically, Julie provided services as an Account Executivs with Physicians Health Plan. Sha provided timely and thorough annual Request for Proposals and worked on many high level customer service issues for our company resolving them in a prompt ancl professional manner. Julis has demonstrated stro11g professional knowledge of the health insurance industry. She consistently approaches Mr job with a high level of integrity. C!;wjl &lll.eih,., Cheryl Gillette Hurnan Resources Generalist Sappi Fine Paper North America ~ PERFECT CIRCLE DIVISION October 12, 2001 Mr. Timothy J. Paul Director of Finance City of Muskegon 933 Terrace Street, P.O. Box 536 Muskegon, MI 49440 Dear Mr. Paul: Re: Reference Letter for Ms. Julie R. Balgooyen I have known Julie as a representative of Blue Care Network and Physicians Health Plan for at least 10 years. During the course of our relationship she always conducted herself with professionalism and a complete knowledge of the services she represented. Julie was responsible for resolving the many problems that we encountered when working with a company employing 750 + employees. Problem resolutions were initiated promptly and courteously. Julie is personable and communicates with authority. Her vast knowledge and experience is a valuable asset. Best regards, ~ 0 .~ ~Jo vQ--u_i-q Shirley Rich rds-Y ung U Benefits Administ ator Perfect Circle Division of Dana Corporation PERFECT CIRCLE DIVISION, DANA CORPORATION 2001 SANFORD STREET P.O. BOX 1208 MUSKEGON, MICHIGAN 49443-1208 TEL: (231) 722-1300 FAX: (231) 724-1940 O~T. - 15' 01 (MON) 07:55 D.~NA PERPECT CIRCLE TEL,231 i24 1689 P. 002 PINI- - - I I .::J c, -v I °" . ____ /0-1.2.-01 . -----· ... ..---- -----•-- ... -·-·····---·. - . ·-· --- ..... . -- ..... --- ---· ....... __ -~ .. 4 f:J._ __ P1,,,e:,Jt, e'D.._ '[J)___~ e II /J,,t1/::e.tl!£_A.J C..e ·---·--· .... ' .... ____ ..... 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"'C; u.4W - - - · ···-- . . . .. .. ~Cit<. /,,37 -- /)g,,:,..:..:A-c.::...___ ______. _________________. ______________ /J....~10..t! !xv. Commission Meeting Date: November 13, 2001 Date: August 31, 2001 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ~ RE: Resolution Establishing SmartZone LDFA District SUMMARY OF REQUEST: To approve the attached resolution establishing an LDFA District and setting the boundaries for said district for the development of the Muskegon Lakeshore SmartZone. FINANCIAL IMPACT: It is anticipated that the LDFA will capture more than an estimated $10 million in tax increment revenue over a period of 15 years for the development of the SmartZone. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution COMMITTEE RECOMMENDATION: None 8/31/2001 RESOLUTION CREATING LDFA DISTRlCT 200 1-133 ( C ) Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, held at the City Hall in said City on the 13th day of November, 2001, at 5:30 o'clock p.m. prevailing Eastern Time. PRESENT: Members -~S=h~e=p=he=r~d~,~S=p=at=a=r~o~,~As=l=a=k=s=o=n~,~B=e=n=e~d=i=ct=·~B~u=i=e~,_ _ __ Nielsen Schweifler ABSENT: Members - ~ None ~~--------------------- The following preamble and resolution were offered by Member -~S""pa""t""a"'-r-"'o~_ and supported by Member Schweifler: WHEREAS, pursuant to the provisions of Act 281, Public Acts of Michigan, 1986, as amended ("Act 281 ") the City of Muskegon (the "City") created the Local Development Finance Authority of the City of Muskegon (the "Authority") by a resolution adopted by the City Commission (the "LDFA Resolution"); and WHEREAS, the City Commission has decided to create a new district, the Muskegon Lakeshore SmartZone, District 3 ( "District 3") within which the Authority exercises its powers (the "District"); and WHEREAS, pursuant to Act 281 the City is required to hold a public hearing on the proposed establishment of District 3; and WHEREAS, on August 28, 2001, the City Commission conducted a public hearing on the proposed establishment of District 3; and WHEREAS, more than 60 days have elapsed since the public heai:ing and the City Clerk has not received any resolutions from a taxing unit subject to capture exempting its taxes from capture; and WHEREAS, after consideration the City Commission has determined to approve the establishment of District 3. NOW, THEREFORE, BE IT RESOLVED THAT: I. Determination of Necessity. The City Commission hereby determines that it is necessary for the best interests of the City to create District 3 in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City. 2. Designation of Boundaries of District. The boundaries of the District in which the Authority shall exercise its powers as provided in Act 281 shall consist of the territory of the 1 City described in Exhibit A (District 3) attached hereto and made a part hereof, subject to such changes as may hereinafter be made pursuant to Act 281. 3. Amendment of the LDFA Resolution; Conflict and Severability. The LDFA Resolution is hereby amended to incorporate the amended boundaries of the District as stated above and is otherwise ratified and confirmed as being in full force and effect. All other ordinances, resolutions and orders or parts thereof in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. 4. Publication, Recording and Filing. This resolution shall be published once after its adoption in full in the Muskegon Chronicle, a newspaper of general circulation in the City of Muskegon and the City Clerk shall file a certified copy of the resolution with the Michigan Secretmy of State promptly after its adoption. 5. Effective Date. This resolution shall take effect immediately upon its publication. 2 CERTIFICATES I hereby certify that the foregoing is a true and complete copy of a Resolution duly adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on November 13, 2001, and that said meeting was conducted and public notice of said. meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or.have been made available as required by said Act. I further certify that the following Members were present at said meeting Shepherd, Spataro; Aslakson, Benedict, Buie, Niel sen, Schweifler And that the following Members were absent None -~~~--~-- - - - - - - - - ·1 further certify that Member Spataro moved · adoption of said resolution and that Member Schweifler supported said motion. I fiuther certify that the foll~wing Members voted for adoption of said resolution Members voted against adoption of said resolu~ oo LJ...,,_~ ·AsJakscn, Eenroict, B.ct.e, Nie1.sen, S:ooifler, SJemerct;· Sp;itaro and -that the following City Clerk I hereby certify that the foregoing resolution received _legal publication in the Muskegon Chronicle on November 22 ,2001, and that a certified copy of the foregoing resolution was filed with the Michigan Secretary of State on ----'-'N. , .o,"-'ve,. .m. . , b=e"'--r-c . ~ . ½ clerk ~ 3 EXHIBIT A Description of Boundaries of District 3 (Muskegon Lakeshore SmartZone) The boundaries of the proposed district as revised within which the local development finance authority shall exercise its powers are as follows: Parcel Description: Block 554, and Lots 6, 7 and 8 of Block 558, of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records, lying Northerly of a line described as: Commence at the intersection of the Northeasterly line of Terrace Street, being the Southwesterly line of Block 557 extended to the centerline of vacated Water Street; thence North 62°44'00" West 381.45 feet along the northeasterly right of way line of Terrace Street; thence Westerly 269.86 Feet, along said northeasterly right of way line, said line being a 302.48 foot radius curve to the left with a central angle of 51 °07'00" and a chord which bears North 88°17'30" West 261.00 feet, to the line between Lots 5 and 6 of said Block 558; thence North 46°09'15" West 85.84 feet, along said line, to the PLACE OF BEGINNING OF THIS DESCRIPTION: Thence Northeasterly 635.15 feet along a 803.25 foot radius curve to the right, having a central angle of 45°18'19" and a chord which bears North 70°04'05" East 618.73 feet; thence South 87°16'46" East 222.59 feet; thence North 02°43'14" East 55.00 feet; thence South 87°16'46" East 120.00 feet; thence South 02°43'14" West 55.00 feet; thence South 87°16'46" East 904.15 feet; thence Northeasterly 548.72 feet, along a 1272.34 foot radius curve to the left, having a central angle of24°42'35" and a chord which bears North 80°21'56" East 544.48 feet to the place of ending. EXCEPT THE FOLLOWING Part of Block 558, commence at the intersection of the Northeasterly line of Terrace Street extended to the centerline of vacated Water Street; thence North 62 degrees 44 minutes 00 seconds West along the Northeasterly line of Te1race Street extended 381.45 feet; thence Westerly along the arc of a 302.48 foot radius curve to the left 269.86 feet to the line between Lots 5 and 6 of said Block 558 (long chord bears North 88 degrees 17 minutes 30 seconds West 261 feet); thence North 46 degrees 9 minutes 15 seconds West along said line between Lots 5 and 6, 534.25 feet to the place of beginning; thence North 27 degrees 25 minutes 55 seconds East 925.82 feet to a point referred to as Point "A"; thence continue North 27 degrees 25 minutes 55 seconds East 5 feet, more or less, to the shore of Muskegon Lake; thence Northwesterly and Southwesterly along the shore of Muskegon Lalce 1350 feet, more or less; thence South 46 degrees 9 minutes 15 seconds East along said line between Lots 5 and 6, 820 feet, more or less, to the place of beginning. Property Commonly Known As: Former Teledyne Continental Motors Site DELIB :2247223 .1 \063684-00024 4 Affirrnnilve .-~i:t!o11 (23Jl)724-G7ll3 FAX: (231)722~121'1 AS3(;SSor/'§'.quallZ!lt!Oll {231)'/24-6700 Zi'AX: {231}726-~H31 C.omet<!r/ Depnrtment (231)724-6703 FMi: (231)726a5617 City lV.limnger (231}724-672t1 ~A.¾: (231)722-1214 CM!Servke (231)724-6716 lFA.X: (231)724-440§ Cle1rk {7.31)724-6705 FAX: (231)'/24-4178 November 16, 2001 Community ancl Neigh, Services (231 )724-6717 WAX: (231)72€i-2501 -Comput2r bfo. Secretary of State Systems Candice Miller (231)724-6744 IFAX: (2311.)722-4301 Treasury Building PO Box 30045 lli:Klgineerlng Dept. (231)724-6707 Lansing, MI 48918 ;:;'AX: {231)727-690•1 f<'immceDept. Dear Secretary Miller: (231)7:U.-6713 FAX: (231)724-6769 Enclosed are resolutions establishing Local Development Finance Authority Fire Depnrtment (231)724-6792 Districts in the City of Muskegon pursuant to Act 281. If you have any questions FAX: (231)72<ki905 please call me at (231) 724-6705. focomeTn::: (231)724-6770 FAX: (231)724-676Il Thank you, fospectlon Services !) lL (231)724~671§ FAX: (231)728-4371 /~r;r;t;t. iLelsure Servlces Linda Potter (231)724-6704 Deputy City Clerk FAX: (231)724-1]% Mnyor's Office (231)724-6701 Enc. 2001-133(c) FAX: (231)722-1214 2001-133(d) P!nnnlng/Zonlng (231)724-6702 FAX: (231)72-4-6790 Police Deptartment (231)724-6750 FAX: (231)722-5140 Public Wor!cs Dept, (231)72<!-4HIO !FAX: (231)722...:1188 Tre::rnurer's Office (231)724-6720 FAX: {231)724-6768 Water Billing Dept. (231)724-6713 FAX: {231)72tl-6768 Water Filtrutlon (231 )724--11-06 :?AX: (231)755-3290 Cftity oflVITuslkegon, 933 Terr:ace §trne:t 1 P,Oo Bmr 5J@ 9 lo/11uslrngon, r'✓All l~94tD-0536 ~Nwvv. Bh oIreilh1edcy,{;Olfil1l rn Complete item$ 1, 2, and 3. Also complete .t}ec~:~ed b1!Jil5,!Prinf~!:!,: • B. at~~ item 4 if Restricted Delivery is desired. w: Print your name and address on the reverse ····'.•··d/4-t'-.,*. . .) C. Signature 1~,sl,.,t:J-.C,V£../L?9 """,,.- , """ 14 so that we can return the card to you. ra Attach this card to the back of the mailpiece, X tas, - i:"'· . ~ .. ,,,,,1-,.f"._~(- / f;~ •D Agent Addressee or on the front if space permits. D. lsdeliveryaddressdifferentfromitern 1? D Yes 1. Article Addressed to: If YES, enter delivery address below: D No Secretary of State Candice Miller NO\/ 1 :~ 2001 Treasury Building PO Box 30045 Lansing, MI 48918 3. Service Type_ .l:B:"certified Mail D Express Mail • Registered D Return Receipt for Merchandise • Insured Mail D C,O.D. Cit' 4. Restricted Delivery? (Extra Fee) • Yes Lin 2. Article Number (Copy from service label) 933 7000 0520 0013 9676 0613 P.O PS Form 3811, July 1999 Dom~stic Return Receipt 102595-00-M-0952 Mw Dear Ms. Potter: This letter acknowledges receipt and filing by the Muskegon City Commission on November 29, 2001, with the Secretary of State, a resolution creating the Muskegon Lakeshore SmartZone, District 3 and the Seaway Business Park, District 4 in accordance with Act 281 of the Public Acts of 1986. Sin~ f\DLlWC ~rune Kollek Office of the Great Seal (517) 335-0718 CC · f ),"," ' ')Jr V Commission Meeting Date: November 13, 2001 Date: August 31, 2001 To: Honorable Mayor and City Co1;11missioners From: Planning & Economic Development e_.tf!._, RE: Resolution Establishing Seaway Business Park LDFA District SUMMARY OF REQUEST: To approve the attached resolution establishing an LDFA District and setting the boundaries for said district for the development of the Seaway Business Park. FINANCIAL IMPACT: It is anticipated that the LDFA may capture up to an estimated $900,000 in tax increment revenues over a period of 15 years. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution COMMITTEE RECOMMENDATION: None ~I 8/31/2001 RESOLUTION CREATING LDFA DISTRICT 2001-133(d) Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, held at the City Hall in said City on the 13th day of November, 2001, at 5:30 o'clock p.m. prevailing Eastern Time. PRESENT: Members --"'Shcce""p"'h"'e""r-'d4 ,-"'S""p"'a"'ta""rc..'.o"-'' -'-A"'s"'l""a"'k"'so"'n""-,...,B""e"'n"'e"'d"'i"'ct"-'-,_,B"'u"'i""e'-''----- Nielsen, Schweifler ABSENT: Members --"-No""n'"e""------------------------- The following preamble and resolution were offered by Member _ _.,B""u'-=i""e~--- and supported by Member Spa taro WHEREAS, pursuant to the provisions of Act 281, Public Acts of Michigan, 1986, as amended ("Act 281 ") the City of Muskegon (the "City") created the Local Development Finance Authority of the City of Muskegon (the "Authority") by a resolution adopted by the City Commission (the "LDFA Resolution"); and WHEREAS, the City Commission has decided to create a new district, the Seaway Business Park, District 4 ( "District 4") within which the Authority exercises its powers (the "District"); and WHEREAS, pursuant to Act 281 the City is required to hold a public hearing on the proposed establishment of District 4; and WHEREAS, on August 28, 2001, the City Commission conducted a public hearing on the proposed establishment of District 4; and WHEREAS, more than 60 days have elapsed since the public hearing and the City Clerk has not received any resolutions from a taxing unit subject to capture exempting its taxes from capture; and WHEREAS, after consideration the City Commission has determined to approve the establishment of District 4. NOW, THEREFORE, BE IT RESOLVED THAT: I. Determination of Necessity. The City Commission hereby determines that it is necessary for the best interests of the City to create District 4 in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City. 2. Designation of Boundaries of District. The boundaries of the District in which the Authority shall exercise its powers as provided in Act 281 shall consist of the territory of the I City described in Exhibit A (District 4) attached hereto and made a part hereof, subject to such changes as may hereinafter be made pursuant to Act 281. 3. Amendment of the LDFA Resolution; Conflict and Severability. The LDFA Resolution is hereby amended to incorporate the amended boundaries of the District as stated above and is otherwise ratified and confirmed as being in full force and effect. All other ordinances, resolutions and orders or parts thereof in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. 4. Publication, Recording and Filing. This resolution shall be published once after its adoption in full in the Muskegon Chronicle, a newspaper of general circulation in the City of Muskegon and the City Clerk shall file a certified copy of the resolution with the Michigan Secretary of State promptly after its adoption. 5. Effective Date. This resolution shall take effect immediately upon its publication. 2 CERTIFICATES I hereby certify that the foregoing is a true and complete copy of a Resolution duly adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on November 13, 2001, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. I further ce1iify that the following Members were present at said meeting Shepherd, Spataro; Aslakson, Benedict, Buie, Nielsen, Schweifler None And that the following Members were absent - ~~---,--- ----------- I fu1iher ce1iify that Member Buie moved adoption of said resolution and that Member Spataro suppo1ied said motion. I hereby certify that the foregoing resolution received legal publication in the Muskegon Chronicle on November 22 ,2001, and that a ce1iified copy of the foregoing resolution was filed with the Michigan Secretary of State on November 16, 2001 . ~Q City Clerk ~ct»~ , cf 3 EXHIBIT A Description of Boundaries of District 4 (Seaway Business Park) The boundaries of the proposed district as revised within which the local development finance authority shall exercise its powers are as follows: Southeast¼ of the Northwest¼, Section 31, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan Physical Boundaries: Park Street on the East, Hackley Avenue on the South, Seaway Drive on the West, and Young Avenue on the North. DELIB:2247224.11063684-00024 4 Mu5ke_gon- Planning Dept. Dote: October, 2000 No.: 006102.1 1, \ l t ,n, RR N ark St 1cres RR Lot 1 4.5 acres 100' ' Scale: 1"=200' o· 200· Lot9 2. 7 acres , 2. 7 acres 1 ~- 1~~ 00- 20-00 ~ Lot 13 ,1.4 acres .,. l • Parcel Boundaries based on ToX Role Descriptions LEGEND Properties Acquired by City of Muskegon e -Survey Iron (existing) 0 -Survey Iron (placed) M -Measured Dimension P -Platted Dimension R -Recorded Dimension C -:-Calculated Dimension ¢. -ceriter Line MOORE & BRUGGINK Consulting Engine·ers and Land Surveyors 8 W. Walton, Muskegon, Michigan 49440 Phone:(231)722-3928 Fo.:(231)722-4109 by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Existing Easements NOT depicted. -x-x- -Fence line Profess!onal Surveyor No. 16946 ~ 7J !" /\lfJ.'i.rmnHve A,4:ti!oll! .,, (/J 0 --CJ )> 0 3-. L'l-i:Jl-----'JO(/});, PJO'JPJCD ct-. " " 0)>W""{J;:::;:O '::+0::!.<1>0 (/43])'-24-6703 : 3 o• 0 Q. ~ (D t:i () ~ g 6·:f 3. 3 3 1.'<'A.-"'!: (231)722-hM UJt:IJPJQ.'J CD .-+;::;Ol'<.f:>.'O z f--'•O UJ f----'•CD tl :::r_,....o -·<D Au,;em1or/~qum.11.i:mt!o11 "'~ 00 QC U7 3 :::J:X: C 0 0 (Jq 'J(DPJ a. al ro~~~;;ct :::tW :,CD;:::;: -J. f\) [ .... W'<: 'J m gO £m m m ,.... ~ CII (231)724-6706 JrA¼: (2Jll.)7ll'i..S131 <... C Oo 0 O 3':0t:01-'• 3'< ~ 3 S:;'; =+:0...,([)~(/l ::J '< 0:\/ H..i::--S::1-----'0 o Ch()~n>{l)...1. ~ 0~ Vl I-'· I-----' 1----t:J •• 'O C ::J a.. ~a !--'CT) ~:f3c..o.l\) "'"' W3 c~metery llJlepnrffl1elilt .J> Q,'JC/J (l)ro-~~n> (2::Jt}n4-67S3 FAX: (231)i26-56ll7 "' CO \..0 I--'• :::J 0' Ill -orr:::ra.c::·:::i romro..,ma. \_()~ r- 3~2m«!'.-'J "'-· ----J2 __. CD (Jq (D i;Q.3.~ oo·~ /Ci.ty Mnt!!lger . :fcf::J g-rg (2Jt)ntJ-6724 'We,;lt 1111iellllli1!1"1lll'§ §ll!®Jre! °'" a;£ CD'<:3=~-0 !FAA: (231)722-1214 3 0 ([I al 0 ~ ~-!=~?-~ Ci.vii §errlce o•W "O -· < (l) -Cl) 0 3 {l) ;:;:i 1D' (231)724-6716 ~ ({) JFAA: (2:H)724J-4403 ! 0 )J C!eir!c ~ (231)724\-6705 FA¼: (23l)n4-417{1 November 16, 2001 3 )J ,,. ;, >' I >< ll.ro )J ro !". ••~{/) S":JJO~ ::;; i.ii -< m "m. Comnmmity amll §: o. W '1l CD 1'5' Q. ~(9.;3:CD ff) =t Nelgl1. §ervic1Nl (231 )7241-6717 ll. ~ ft i6' ~ ~ ~ lfi'AX; (231)126--2501 0 ro "'-'©a.u ~a.Sm ~ a Secretary of State ~ ro = \g, "w~ ""gi I) Computer I11fo, 'l, §y,;tem11 Candice Miller ••• z '1w "a; ~il Ill m /) 0 (231)724-6744 JFAA: (231)722-4301 Treasury Building PO Box 30045 ., "- •O :um • ro 0D ~" fi al " )J X w w < ~ a. al -l> Q- ;::i. J m =r0 (J) O" 3 ., " ~ Engineeri11g Dept, ro ,: !!!.. :a,,'.) Lansing, MI 48918 ""' ........... ~ o m O (l) "l (231)724-6707 i= = • 3 WAX; (231)727-690<! 1Fim1nceDept. (231)724-6713 Dear Secretary Miller: 0 ~ • iw Q ,: ~ =- •v ' JFAX; (231)724-6768 Fllre Department Enclosed are resolutions establishing Local *~ a: [ l (23ll)724-6792 Districts in the City of Muskegon pursuant lFA¼; (231)724-6985 please call me at (231) 724-6705. fo.comeTl.llf (231)724-6770 Thank you, JFAJC: (231)724-6768 I /)ctvi_. Inspection serv1cics -......cf '// if/ -··· /f.i'_,,/.,J. (231)724-6715 IF'AX: (231)7284371 {/{,VJ1•JiJ, ff...e!rnre Service,; Linda Potter (7,31)724-6704 Deputy City Clerk !FAX; (231)72<:l-U.% Mayor's Office Enc. 2001-133(c) (231}72.:J-67111 !FAX: (231)722-!214 2001-133(d) P!imnlng/Zoning (231)724-6702 FAX; (231)7l4-6790 Police D eptartrn1mt (231)724-6750 FAX; (231)72:2-5140 !Public Wor!rn Dept. (231)724-4100 !FAX; (231)722-4183 Ti"easnrer'g Office (231)724-6720 FAX; (231)724-6763 Water Billing Dept. (231)724-6718 FAX: (231)724-6768 Water Filtration (231)7:Z<l-4106 !?AX; (231)755-5290 tCfi!y oifl\/1fl,sl<egmm, ~33 'l!'e<rnoe §!reei, l".O. IBim, 536, Mws!rngm,, Mll ;!9443-0§36 www .§horrefih1etfify.comm STATE OF MICHIGAN • CANDICE S. MILLER, Secretary of State MICHIGAN DEPARTMENT OF STATE LANSING, MICHIGAN 48918-0001 December 5, 2001 City of Muskegon Linda Potter, Deputy City Clerk 933 Terrace Street P.O. Box536 Muskegon, MI 49443-0536 Dear Ms. Potter: This letter acknowledges receipt and filing by the Muskegon City Commission on November 29, 2001, with the Secretary of State, a resolution creating the Muskegon Lakeshore SmartZone, District 3 and the Seaway Business Park, District 4 in accordance with Act 281 of the Public Acts of 1986. Sin:. 1'\DLWC &oaru, Kollek Office of the Great Seal (517) 335-0718 DATE: October 29, 2001 TO: Honorable Mayor and Commissioners FROM: Robert Grabinski, Director of Inspections RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 01-025 Address: 1420 Getty St. (Garage Only) SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1420 Getty (G) is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 01-025 - 1420 S. Getty (Garage Only) Muskegon, Ml 49442 Location and ownership: This structure is located on Getty Street between Louis & Catawba. It is owned by James Gutierrez. Staff Correspondence: A dangerous building inspection was conducted on 4/20/01. A notice and order to repair or demolish was issued on 7/11 /01, a notice of hearing before the HBA was issued 9/24/01, HBA ordered to demolish on 10/4/01. Owner Contact: There has been no contact from owner. Financial Impact: The cost will be covered by et)BG fm 1d~ . Ci'er7er ... ( Fun£.! . Budget action required: None State Equalized value: $19,900 Estimated cost to repair: $900 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation : The commission will consider this item at it's meeting Tuesday, November 13, 2001. f-:\lnspcct ions\Grab inski_Lorraine\Word\CC M EETINGS\i\genda 1420 Gctly.doc page 1 of I "' N ;': ;;; N ~ >,9.J ;': " 0 i~ !.., ~- 822 l'-\~O be~ Cbordj~ 0 \ L\ 1..0 G-e..++J (bcu-o.~~ r (' /f N arbor Title 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100120486 June 7, 2001 1, Beginning Date: 10/22/99, at 8:00 A.M. Please See Attached Liber 2302, Page 459, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 5/4/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 2302, Page 459 Liber 2302, Page 460 Liber 3010, Page 020 (Assignment) Liber 3079, Page 879 (Assignment) Taxes: Payment of the delinquent water & sewer usage bill, due and payable to the City of Muskegon, in the amount of$44.65, if paid by June 30, 2001. Note: 2000 Winter taxes were paid in the amount of: $662.56, No 2000 Summer taxes were assessed. Permanent Parcel No.: 61-24-220-001-0001-00. 2001 State Equalized Value: $19,900.00. 2001 Taxable Value: $18,988.00. Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: James Gutierrez 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this form of search this company is not an insurer ·of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount paid for this information. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1420 Getty Street (Garage) 4/20/01 Inspection noted: 1. Garage - Shed in state of collapse. 2. Roof caving in. 3. Walls caving in. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFfNITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDfNG AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. F:\Inspections\Evcrett\WORD\STANDARD FORMSIDB INSPECTION REPORT FORM.doc CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: July 11, 2001 Address of the Property: 1420 Gettv (Garage Onlr), Muskegon. Michigan Description of the Structure: Cramers Addition, Lot I. Block 1 TO: James Gutierrez. 1420 Getty St. Muskegon, MI 4944? (Name & Address of Owner] American Financial Mortgage Corp. 2628 Three Mile Rd N. Traverse City, MI· 49686 Community Mortgage Svcs. 24275 Northwestern Hwy. Ste. 201. Southfield, MI 48075 Fidelity Bank, 100 East English, Wichita, KS 6720 l The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all 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 pennits. All work must be physically commenced within 30 days of the date of this notice. 2. --- Obtain the issuance of the appropriate pem1it for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:\Inspections\Grabinski_ Lorraine\ Worcl\ST AND ARD FORMS\lnspections Depar1ment Notice and Order.doc Page 1 of3 FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice 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 1420 Getty (Garage), Muskegon, Michigan, cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report ert B. Grabinski, Fire Marshal CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 24, 2001 Address of the Property: 1420 Gettv St. (Garage Onlv) Muskegon, Michigan Description of the Structure: Cramers Addition, Lot I, Block 1 TO: James Gutierrez, 1420 Getty St. Muskegon, MI 49442 [Name & Address of Owner] American Financial Mo11gage Corp. 2628 Three Mile Rd. N Traverse City, MI 49686 Names & Addresses of Other Interested Parties] Community Mortgage Svcs. 24275 Northwestern Hwy. Ste. 201, Southfield, MI 48075 Fidelity Bank, I 00 East English, Wichita, KS 6720 I Please take notice that on Thursday, October 4, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department 011 7/11/01. At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. bert B. Grabinski, Fire Marshal/Inspection Services F:\INSPECTIONS\GRABINSKI_LORRAINE\WOlm\HBA MEETINGS\STANDARO FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 8, 2001 To: James Gutierrez, 1420 S. Getty St., Muskegon, Ml 49442 Owners Name & Address American Financial Mortg Corp. 2628 Three Mile Rd. N. Traverse City, Ml 49686 Community Mortg Svcs 24275 Northwestern Hwy Ste. 201, Southfield, Ml 48075 Fidelity Bank 100 East English, Wichita, KS 67201 ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday. October 4. 2001, does hereby order that the following structure(s) located at 1420 Getty St. (Garage Only) Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if ii 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 on November 13, 2001, this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by · the City Commission. F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: bert B. Grabinski Fire Marshal/Inspections F:\INSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC HBA Minutes I 0/0 I she coul ot be here today. Mr. Grabinski stated that since the structure is secured he sn't have a problem with her request. Staff recommendat, Table the case for 30 days to allow Ms represent her property e board. Motion: Motion made by John Wa staff's recommendation. A roll cal vote was taken: AYES: EXCUSED: Greg Borgman Randy Mackie John Warner Jerry Bev Fred · sen The motion carried. DANGEROUS BUILDING NEW CASES: Case #01-025-1420 S. Getty St. (Garage Only)- James Gutierrez, 1420 S. Getty, Muskegon No one was present to represent this case. Mr. Grabinski gave a history. This case was forwarded by the police department. Staff recommendation: Declare the structure a dangerous building, unsafe, a public nuisance, substandard and forward the case to the City Commission for concurrence. Motion made by Randy Mackie, supported by John Warner to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Randy Mackie Nick Kroes John Warner Jerry Bever Fred Nielsen The motion carried. 4 of8 NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: October 31, 2001 1420 Getty St. (Garage Only) (Address of Property) TO: All owners and interested parties: James Gutierrez. 1420 Getty St. Muskegon. Ml 49442 (Name of Owner) Community Mortgage Svcs. 24275 Northwestern Hwy Ste.201 Southfield. Ml 48075 American Financial Mortgage Corp. 2628 Three Mile Rd.N. Traverse City. Ml 49686 Fidelity Bank. 100 East English. Wichita, KS 67201 On October 4, 2001, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on November 13, 2001, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13, 2001 , at the Muskegon City Hall, 933 Te1rnce Street, Muskegon, Michigan, with counsel, if you desire, to present any revclcnt evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, FO fil~lI];S By_---,1~------------~ Robert . Grabinski, Director oflnspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC DATE: October 29, 2001 TO: Honorable Mayor and Commissioners FROM: Robert Grabinski /Director of Inspections RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 99-39 Address: 896 Pine SI. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 896 Pine St. is unsafe, substandard, a public nuisance and that ii be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 99-39, 896 Pine St., Muskegon, Ml Location and ownership: This structure is located on Pine Street between E. Walton & E. Muskegon Ave. It is owned by Leath Furniture of Atlanta, Georgia. Staff Correspondence: A dangerous building inspection was conducted on 7/30/98, A notice and order to repair or demolish was issued on 8/11/98. HBA ordered demolished 12/99. Because of confusion with the correct address of the structure, it was brought before the HBA again 12/00. It was ordered demolished on that date, but the property owner notified was incorrect. It was again brought before the HBA 10/01 with correct owner being notified and the HBA ordered demolished. Owner Contact: There has been no contact from Leath Furniture. Financial Impact: To be paid with CDBG funds. Budget action required: None State Equalized value: $13,700 Estimated cost to repair: $5,000 exterior. Interior costs unknown. Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, November 13, 2001. F:\lnspections\Grabinski_. Lorraine\Word\CC MEETINGS\Agcnda 896 Pine.doc page 1 of 1 ./ / / . ' ~ ~ 0 . -- --==---------- . . ~ 9~ l) I tJC s.\. ~ensus it"2. C / J~rbor Title 955 West Broadway Muskegon, MI 49441 Title Search Case No.:100121582 September 27, 2001 I. Beginning Date: 8/1/49, at 8:00 A.M. Please See Attached Liber 905, Page 405, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 8/31/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 573, Page 323 Liber 905, Page 405 n/a Liber 915, Page 310 Uber 915, Page 311 Taxes: Note: 2000 Winter taxes were paid in the amount of: $564.57. No 2001 Summer taxes were assessed. Permanent Parcel No.: 61-24-205-189-0010-00. 2001 State Equalized Value: $13,700.00. 2001 Taxable Value: $10,752.00. Non-Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: Leath Furniture 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Unifonn Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above information is to be used for reference pmposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount paid for this information. ". d ~·; ·l ,;:f,/l ,,, .f1 A 1// .,,- /'/I/ C·1/ C /// f"~- / ark A. Wypa DANGEROUS BUILDING INSPECTION 07/30/98 -PINE STREET Z)Q_ ~ ~~ ~ L 1. METAL SIDING PROTRUDING OFF NORTH SIDE OF BUILDING. 2. ROTTED WOODEN SIDING THROUGH TO THE LATH ON NORTHSIDE. 3. FOUNDATION FAILING ON NORTHSIDE OF BUILDING. BRICK FALLING OUT. 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. I \fflrmal1ve Action '61f 172•t.6703 MUSKEGON \ssessor 6161724-6708 Cemetery 6161724-6783 Civil Service West Mlchlgan's Shoreline City 1il6172+6716 NOTICE AND ORDER Clerk H161724-6705 August 11, 1998 C. :"l. Services 6161724•6717 Leath Realty 375 N. Ridge Road, Ste. 400 Engineering Atlanta, Ga 30350 6\61724-6707 Leath Furniture Depot Finance 6161724·6713 896 Pine Muskegon, Mi. 49442 Fire Depl. fi I6172-J.6792 Dear Property Owner: !ncome Tax Subject: 902 Pine (Commercial Building) 616172 • -6770 Lots 11, 12 & 13, Block 189 lnspecllons The City of Muskegon Building Official has recently inspected the subject property and has 6161724-6715 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City Code. Leisure Service 6161724-6704 As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the structures within thirty (30) days. \lana~er's Office U161724·6724 If you elect to repair the structures, you must secure all required permits and physically commence the work within thirty (30) days from the date of this order. \1ayor's Office G16172--t-670 I Should you have any questions concerning this matter, please do not hesitate to contact our l'lanning/Zonini.: Building Official, Jerry McIntyre at 724-6715. 6 I lil72+6702 Sincerely yours, Police Dept. U16172+6750 Public Works Daniel Schmelzinger GI !l/726•4786 Director, Neighborhood and Construction Services Treasure!' ll I H/724-G720 Willer Dept. H 161724•6718 City of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon. Michigan 49443·0536 CITY OF i\llJSKEGO:\ CITY OF i\lUSKEGO:\ HOUSING (BUILDli\'.G) BOARD OF APPEALS ORDER TO DEI\IOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on December 7, 20 00, does hereby order that the following structure(s) located at 902 Pine (Warehouse). 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. Lots 11 through 16, inclusive, Block 189, revised plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of plats, page 71, Muskegon County Records. More commonly known as: 902-908 Pine St., Muskegon MI 49442 The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, ifit is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concnrred with by the City Commission. 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 structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concuITed. The City Commission may concur with this order, or disapprove or modify the order. FORTH~~~,s: Robert . Grabinksi, Fire Marshal/Inspection Services Dated: _ _1_l___sc2=-+-,/_1,_,1_ _ _ _ _ _ _ , 2000 F:l!NSPECTIONSIEVERETTIHBA MEETINGSIORDER TO DE_tvl?LJSH.DOC I / D0t /2) / , No one attended meeting. Permit was voided due to confusion of informatio the permit and I lack of inspections that was requested by the Inspection Departme . otion made by Mack:i , up ported by Wamer to support staff recommendation Arthur unsa substandard, a public nuisance and forwar eclare structure at 1282 e City Commission for concurrence. A r all vote was taken: AYES NAYS ABSENT EXCUSED Robert Johnson None "lliam Anderson Greg Borgman Randy Mackie John Warner Clint Todd Fred Nielse T motion carried. ·• #99-39 - 902 PINE - LEATH REALTY CO, 375 N. RIDGE, STE. 400, ALANTA, GA No one present for meeting. Permit that was pulled in Sept. of 98 was voided because of no inspections. Robert Grabinski stated that it looks as if work has been performed. Motion made by Warner, supported by Mackie to support staff recommendation to declare structure at 902 Pine unsafe, substandard, a public nuisance and forward to the City Commission for concurrence. A roll call vote was taken: AYES NAYS ABSENT EXCUSED Robert Johnson None William Anderson Greg Borgman Randy Mackie John Warner Clint Todd Fred Nielsen The motion carried. No one present at meeting. se, no inspectio permit, looking in the window some (little) work completed. Motion made 01'--A:llieRte, supported by Warner to support staff recommendation to declare structur 27 o ok unsafe, substandard, a public nuisance and for concurrence. A ro ll vote was taken: AYES NAYS ABSENT EXCUSED Johnson None Willian1 Anderson Gr Borgman dy Mackie John Warner CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 25, 2001 Address of the Prope11y: 896 Pine St. Muskegon, Michigan Description of the Structure: Lot 10, Block 189 TO: Leath Furniture Inc. 4370 Peachtree RD NE, Atlanta, GA 30319 [Name & Address of Owner] None Names & Addresses of Other Interested Pm1ies] Please take notice that on Thursday, October 4, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5 :30 o'clock p.m, and at the said hearing consider whether or not the following structure should be detennined to be dangerous, substandard and a nuisance, and demolished, or' repaired. The reason for this hearing is 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 8/11/98. · At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.111., 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. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORO\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC 1\.dllU) l\.ld.1...n,..i\... , 0L•ppvlL\...U V) ...._,,_Lu~,.n, ,. ~~·-·, ---··--- _ \'L/oo uns,1fe, a public nuisance and to forward the case to the City Commission in 60 days if the Dobbins do not take the property back and statt repairs. If the Dobbins decide to take back the propeny .rnd commence work on the repairs needed, the case will not be forwarded to the City Commission. :\ roll call vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Fred Nielsen William Anderson John Warner Randy Mackie Clinton Todd JenyBever The motion carried. REVIEW CASE: Item # 1. Case # 99-39 - 902 PINE ST. - Charlott Gustafson & PaulineLisky, 2865 S. Deerwood Dr., Twin Lake MI 49457. Greg Borgman asked Bob Grabinski to give a little history on this case. Grabinski stated that Leath Furniture previously owned the property. If you recall, you have already declared the building a dangerous building, However, since then, the building was sold and in an effort to give the new owners a chance to do something. However I am not aware of any contact with owners for this property. Cathy Everett stated that the new owners came into the Inspections office and told us that it was not their property. That is why there are copies of the deed in your packet. They are from the assessor's - equalization office and the deed clearly states the legal description that this warehouse is located. It also states that Ms. Lisky and Ms. Gufstafson are the owners. Greg Borgman said he wished that more people could see this stuff that happens like this, people buy parcels like this because the majority of the cases this is what happens. Oh they don't wane to make claim to it. We get so much of this that's why they run scared. We get a lot of this. Grabinski stated that staff recommended declaring the building dangerous and a public nuisance. We will notify the new owner of that and see if they do anything then. John Warner asked if the owner's are occupying the warehouse. Grabinski said no, but they are occupying the new antique store. Everett stated again that the owner believes the warehouse is not their property. Don Labrenz stated that it was for sale by Prudential right now. Grabinski stated that we would notify Prndential as well and if we get a reply. sec Joh~ Wa,:ner, snpponed by Randy Mackie made . . . . public nuisance and forward to the City C, . '.' moft1on to declare the bnildmg dangerous ,I omrruss1on or concurrence. A roll ca.II vote . .'1- AYES: was t,1'<'11: NAYES: EXCUSED: Greg Borgman ABSENT: John Warner Fred Nielsen Willi,un Anderson Randy Mackie Clinton Todd JenyBever The motion carried. New Case: Item #6. Case # 00-72 - 485 E APPLE USA HUD h \'v'ashington DC 20024 - , 451 7' St. SW No one attended the meeting to represent this case G .. . . . . offered the owner an opportunity ton ak h : tabmsk.t s_tated that this IS a new case. W<' gone back to HUD. We have not had1 et e repam,h\'(h/e sent It on 10/31/0o It appears this h IS 1 f . ' any contact wit t e , d h •. app )'. or pcrnuts or commence work on the re airs O'C\ners an no one as attempted to buildmg dangerous. and a nublic nnionrp onrl ir,,w:.J~:~e!~r_e_ St,:ff r,eco,1;un';,1ds dccbrin& this CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 8, 2001 To: Leath Furniture Inc. 4370 Peachtree Rd NE. Atlanta. GA 30319 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals. having received evidence at a scheduled and noticed meeting held on Thursday. October 4. 2001, does hereby order that the following structure(s) located at 896 Pine St. Muskegon. Michigan. shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission on November 13. 2001. this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: ert B. Grabinski Fire Marshal/Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC HBA Minutes I 0/0 I Case# 99-39 - 896 Pine St. - Leath Furniture, 4370 Peachtree Rd. NE, Atlanta, GA 30319 No one was in attendance to represent this case. Mr. Grabinski gave a history of the case. It is a vacant piece of property. We have not heard back from the owner. It is back before the board because the address was previously noted as 902 Pine, which is the Antique store. We now have the correct address and have notified the appropriate party. Staff recommendation: To declare the structure substandard, unsafe, a dangerous building, a public nuisance and forward the case to the City Commission for concurrence. Motion: Jerry Bever, supported by John Warner, made a motion to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Randy Mackie Nick Kroes John Warner Jerry Bever Fred Nielsen The motion carried. Case #01-014-1878 Smith St. -Alan & Delores Blood, 2170 Becker Rd., uskegon s present to represent this property. She stated they had not received any p rwork until the notice for the HBA heari . They have been working on the prop inside and out and their int n is to repair it and then either rent it out or sell. rabinski stated be se of their address change, and not receiving the Notice an rder to r 1r he would like to give them time to come into the office and see the 11 epairs needed to be done. Staff recommendation: Table s case for 30 da allow owners time to come e and schedule interior in Motion: Motion ae by Randy Mackie, supported by John Warn endation. I vote was taken: 6 of 8 NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: October 31, 2001 896 Pine St. (Address of Property) TO: All owners and interested parties: Leath Furniture Inc. 4370 Peachtree Rd NE, Atlanta. GA 30319 (Name of Owner) None (Other interested parties) On October 4, 2001, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard. a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on November 13, 2001, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13, 2001 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, FOR THE HOUSING BOARD OF APPEALS F:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC - DATE: October 31, 2001 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 01-038 Address: 1113 Williams SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1113 Williams is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 01-038, 1113 Williams, Muskegon, Ml Location and ownership: This structure is located on Williams St. between Wood and Scott. It is owned by Teresa London of 774 Amity Avenue in Muskegon. Staff Correspondence: A dangerous building inspection was conducted 7/23/01, a notice and order to repair or demolish was issued 8/1 /01, a notice of HBA hearing was sent 9/25/01. Order by HBA to demolish was sent 10/8/01. Owner Contact: There has been no contact from owner. Financial Impact: To be paid with CDBG funds. Budget action required: None State Equalized value: $13,700 Estimated cost to repair: $5,000 exterior. Interior costs unknown. Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, November 13, 2001. F:\lnspections\Grabinski_Lorrnine\Word\CC MEETINGS\Agend.i 1113 Williams.doc page 1 of I 451 Q _ ,11 485 491 5..QL, ___ /507 513 ~____,4_Q5~-- 429 0 0 m N 0 g g ' ( 0 i ~- ,__ 446 " ~ 0 419 0 '"7 445 451 459 /\DA A' t l --~ § - - ~ -f -- i ~ ;; ' 1 412 428 432 438 442 4 08 ~l---4-~01 ~42J~~ 11 CATH ERl NE --"-o.--=449-. 453 _.o 463 493 497 o ~' ~_! [ I I 13 w ·, I I i am s Census~ 3 [ [ I I 13 W ·, II i am 5 CenSCAS ~ 3 [ / . ( ,r:,,-1.~arbor Title 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100120992 July 31, 2001 I. Beginning Date: 8/27/99, at 8:00 A.M. Please See Attached Liber 2282. Page 640, County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for County, Michigan covering the subject prope11y, and find the following conveyances and undischarged encumbrances, from said beginning date to 6/22/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 2282, Page 640 Liber 3071, Page 587 NONE Liber 3087, Page 553 Liber 3139, Page 79 Taxes: Proof of payment of delinquent water/sewer usage bill, due and payable to the City of Muskegon Treasurer in the amount of$64.87, if paid by August 31, 2001. Proof of payment of civil infraction fees, due and payable to the 60th Muskegon County District Court in the amount of $84.00. Proof of payment of invoice fees, due and payable to the City of Muskegon Treasurer in the amount of $269.85. Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of$689.65, if paid by August 31, 2001. Note: Permanent Parcel No.: 61-24-205-078-0001-00. 2001 State Equalized Value: $13,700.00. 2001 Taxable Value: $13,700.00. Non-Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of County, Michigan, against: - Teresa London 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1113 \Villiams St. 7/23/01 Inspection noted: I. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or cei1ificates of occupancy will be issued. 2. Roof covering on home severely deteriorated. Shingles need to be stripped to investigate any sheathing or rafter damage. 3. Numerous broken out windows. 4. Paint severely peeling on home siding, windows, and sills. 5. Steps and guardrails unstable - not to code. 6. Home is vacant and open. 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. AL TINOWSKI, BUILDING INSPECTOR F:\lnspections\C;rabinski_Lmrninel\Vorc!IDANGEROUS BUILDING INSPECTION REl'ORTS\STANDA!Ul FORMS\DB INSPECTION REPORT FORM.doc r CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: August 1, 2001 Address of the Property: 1113 Williams. Muskegon. Michigan Description of the Structure: N ½ Lot 1 Blk 78 TO: Teresa London. 774 Amity, Muskegon, Ml 49444 [Name & Address of Owner] Equivest Limited Partnership, P.O. Box 4010, East Lansing, Ml 48826 The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. -~x~ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. - - - Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard a_nd a nuisance are listed in the attached schedule. F:\lnspcctions\Grabinsk i Lorraine\ Word\ST ANDA RD FORMS\lnspections Department Notice and Order.doc· Pagc1of3 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 1113 Williams St. Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT bert B. Grabinski, Fire Marshal/Inspections CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 25, 2001 Address of the Property: 1113 Williams, Muskegon MI Description of the Structure: N ½ Lot I Blk 78 TO: Teresa London, 774 Amity, Muskegon, MI 49444 [Name & Address of Owner] Eguivest Limited Partnership, P.O. Box 4010, East Lansing, MI 48826 Names & Addresses of Other Interested Parties] Please take notice that on Thursday, October 4, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department on 8/1/01. At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Tetnce Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. rt B. Grabinski, Fire Marshal/Inspection Services F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 8, 2001 To: Teresa London, 774 Amity. Muskegon, Ml 49444 Owners Name & Address Equivest Limited Partnership, P.O. Box 4010. East Lansing, Ml 48826 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, October 4, 2001, does hereby order that the following structure(s) located at 1113 Williams Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission on November 13, 2001, this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC Case #01-038 - 1113 Williams - Teresa London, 774 Amity, Muskegon No one present to represent this case. Mr. Grabinski gave history. The structure is boarded, no contact from owner. It has recently been sold through ReMax, but we have had no contact from the new owner. Staff's recommendation: To declare the structure substandard, a dangerous building, unsafe, a public nuisance and forward to the City Commission for concurrence. Motion: Randy Mackie, supported by John Warner made a motion to accept staff's recommendation. EXCUSED: ABSENT: AYES: NAYES: Clinton Todd Greg Borgman Nick Kroes Randy Mackie Fred Nielsen John Warner Jerry Bever The motion carried. Old Business: New Business Meeting adjourned at 6:30 P.M. NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: October 31, 2001 1113 Williams (Address of Property) TO: All owners and interested parties: Teresa London, 774 Amity, Muskegon, Ml 49444 (Name of Owner) Equivest Limited Partnership, P.O. Box 4010, East Lansing. Ml 48826 On October 4 2001, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on November 13, 2001, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on November 13, 2001 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, F 6li~onl~s By_ _.,.__ _ _ _ _ _ _ _ _ _ _ _ _~ Robert B. Grabinski, Director of!nspections F:\INSPECTIONS\GRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC - DATE: October 29, 2001 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 01-019 Address: 181 E. Walton. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 181 E. Walton is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 01-019, 181 E. Walton, Muskegon, Ml Location and ownership: This structure is located on Walton between Murphy and Rathborne Streets. It was owned by Lance May of 1657 New St., Muskegon, Ml, but was taken over by state(DNR) for back taxes. Staff Correspondence: A dangerous building inspection was conducted 5/8/00 and a notice and order to repair or demolish was issued 5/10/00. Home was boarded 1/01 and another dangerous building inspection was conducted 4/13/01. A notice and order to repair or demolish was issued 4/30/01 and a notice of HBA hearing was issued 9/24/01. On 10/4/01 HBA ordered demolished. Owner Contact: There has been no contact from owner. Financial Impact: Demolition will be funded with CDBG funds. Budget action required: None State Equalized value: $4,800 Estimated cost to repair: $1,500 exterior. Interior costs unknown. Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, November 13, 2001. F:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\Agencta 181 E. Walton.doc page I of I 0 0 \ ~ \ E. W a.\ tof\ C. e.nsus' r 3 __ , -· For The Inspection Dept. 410879 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER Lance May PROPERTY 181 E. Walton PLATE# 03123 DESCRIPTION Lot 1, Blk 206 FROM RECORDS OF TRANSNATION TITLE COMPANY LIBER: 1866 PAGE: 233 DATE OF DEED: November 14, 1995 GRANTOR: Ethel Woods GRANTEE: Lance D. May LIENS OR MORTGAGES: None DATE: April 20, 2000 at 8:00 AM ABSTRACTED BY: TRANSNATION TITLE NSURANCE The above information is to be used for reference purposes o.nly and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. File Number - 410879 TRANSNATION TITLE INSURANCE COMPANY TAX REPORT Affecting land in Muskegon County, Michigan described as follows: Lot 1, Block 206 of the Revised Plat (of 1903) of the City of Muskegon as per plat of record. Permanent Property No. 61-24-205-206-0001-00 An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or Special Improvement Assessments unpaid, sold, subject to redemption or deeded, except as specified below. This report includes information obtained from the records in the office of the Treasurers of Muskegon County and of the City of Muskegon after said information has been received by the Treasurer in the form of an assessment roll. This report also includes, but without any representation by Transnation Title Insurance Company as to the accuracy thereof, information obtained from Village and Township Treasurers, and from Treasurers of Cities other than the City of Muskegon, Inheritance or Estate Taxes and Federal Tax Liens, if any, are not included in this report. CITY OR VILLAGE TAXES No 1999 Summer taxes. STATE AND COUNTY TAXES 1. 1996 County tax due in the amount of $584.70 if paid by May 31. 2000. 2. 1997 County tax due in the amount of $924.01 if paid by May 31. 2000. 3. 1998 County tax due in the amount of $588.24 if paid by May 31. 2000. 4. 1999 County tax due in the amount of $361.97 if paid by May 31. 2000. TAX SALES State Equalized Value $4,800.00. Taxable Value $4,504.00. NOTE: No Homestead filed. NOTE: Special Assessments. Invoices and Infractions were not checked. MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION Form No. M867.6 (Previous No. T814) c .\.:tlon 0 .. !)J !1.J! I-' MUSKEGON .I! 7:_:,l-{,".'08 FAX. ~16-5181 Ccmttery 2Jl!724-678J F.-\X, 726--5617 Chil Service 2311724-6716 FA..'<112~05 West Mkblgan's Sborellne Oty Clerk 231n24-61os FAxn24-t 178 DANGEROUS BUILDING INSPECTION REPORT Comm. & '.'lielgh. Senku 23117?-1-6717 181 EWALTON FAX/726--2501 5/8/00 Engineering 23tn24-6707 FAX/727.{i904 Finance Inspection Noted: 2311724--6713 FAxn24-6768 1. Front porch door missing. Fire Dept 2. Home has been boarded up past ordinance. 231/724-6792 FAXJ724-6985 Income Tax -3)~ ',"'( t0S f¥--i\t it1~ t'._fL'\_I__.\. L .Q_-f..e:l - -rr,,,::l't,__ ::\=iJS~(), 231/724----6770 FAX/724-{;768 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I Info. Systems HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A 231/724-6744 .FA..X/722-4301 DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. Lehure Service 231/724-6704 FA..X/724--1196 Manager's Office allinowski, Building Inspector 231/724--6724 FAX/722·12l4 -'layor's Office 2Ji/7z.l.{i701 FAX/722-1214 Dale Inspection Services 231/724-6715 FAX1726-2501 Planning/Zoning Bl/724--6702 F.-\.X/724--6790 Police Dept. 231/724--6750 FAxn22•5140 Public Works 231/724-4I00 FA..Xr122-4188 Treasurer 23 !1724-6720 FAXf714--6768 Water Bllllng Dept, 231/724--6718 FAX/714.{i768 Water Fll!r • tlon 2Ji1724---4!06 FAX,75S.5290 City of ~luskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 I / -\U1rmatf,·t .-\~tlun 1.11 n.u :oJ F.\.l:. ·;:;2-121·-l MUSKEGON \~il'~~or Bl 72-i-6'.'08 F.-\.\'..726--5181 Cemetery 2311724-6783 F.-\X/726--5617 CMI Sen·lct 2J I i724-6 7 I 6 FAX1724-1405 West Mlcblgan's Shorellne aty Clerk 231/72-1-6705 FAX/724-1178 NOTICE AND ORDER Comm, & :'\elgh. Services 231/724-6717 FAX1726-2501 May 10, 2000 Engineering 231/724-6707 Lance May FAX1727-6904 3079 Spring Dr. Finance Freemont Ml 49412-6504 231/724-6713 FAX1724-6768 Fire Dept. Lance May 231/724-6792 982 Amity FAX1724-6985 Muskegon Ml 49442 Income Tax 2)1/724-6770 FAX1724-6768 Lance May Info. Systems 181 E Walton 231/724-6744 Muskegon Ml 49442 FAX/722-4301 Letrnc,Smie, Dear Property Owner: 231/724-6704 FAX/724---1196 Subject: 181 E Walton ;\tanager's Office lJl/724-6724 LOT 1 BLK 206 F.-\X/722-121-' ,1s,oc·, omee The City of Muskegon Building Official has recently inspected th.e subject property and !'~~:;1·,~;;;, has found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City Code. Inspection Sen·kes 231/724-6715 r,X1n6- 25 o1 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the P\soolog/Zoolog structures within thirty (30) days. 2)1/724-6702 F.-\X/724-6790 If you elect to repair the structures, you must secure all required permits and physically Police Dept. 2)1/724-6750 commence the work within thirty (30) days from the date of this order. FAX/722-51-'0 Public \Vorks Should you have any questions concerning this matter, please do not hesitate to contact 231/724-4100 FAX/722-4188 our Building Official, Jerry McIntyre at (231) 724-6715. rnm,_ Treasurer 6720 F \X/72 4-6 768 ~ ncereI Dd Y. o rs • ... """"•illogOepR bert B. Grabinski mm,-671, Fire Marshal/Inspection Services FAX/724-6768 Waler Filtration 2Jl/724-U06 F.-\X/755-5290 City of :\luskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 181 E. WALTON 4/13/01 Inspection noted: I. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building). 2. Front porch door missing. 3. Home has been boarded up past the ordinance. 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. AL TINOWSKI, BUILDING INSPECTOR F:l!nspcctions\Everett\\VORDIDANGEROUS BUILDING INSPECTION REPORTS\!81 E Walton.doc CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: April 30, 2001 Address of the Property: 181 E Walton, Muskegon, Michigan Description of the Structure: Lot 1 Block 206 TO: Lance May 1657, New Street, Muskegon MI 49442 [Name & Address of Owner] State of MI DNR (Realestate Div), PO Box 30448 Lansing MI 48909 [Names & Addresses of Other Interested Parties] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. _x_ Obtain the issuance of all pennits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the pennits. All work must be physically commenced within 30 days of the date of this notice. 2. Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said strnctures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:\Inspections\Evcrctt\ WORD\STANDARD FORMS\lnspections Department Notice and Order.doc · Pagelof3 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 181 E WALTON, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT By_'.'.~)f..,.1..:bU:/...,,.&~~~------- Rob rt B. Grabinski, Fire Marshal CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 24, 200 I Address of the Property: 181 E. Walton, Muskegon, Michigan Description of the Structure: Lot I Blk 206 TO: Lance May, 1657 New St. Muskegon, MI 49442 [Name & Address of Owner] State of MI DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml, 48909 Names & Addresses of Other Interested Parties] Please take notice that on Thursday, October 4, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be detennined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Depaitment 011 4/30/01. At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 TeITace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. F:IINSPECTIONS\GRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 8, 2001 To: Lance May. 1657 New St. Muskegon. Ml 49442 Owners Name & Address State of Ml DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml 48909 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday. October 4. 2001, does hereby order that the following structure(s) located at 181 E. Walton Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission on November 13, 2001, this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANOARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: bert B. Grabinski Fire Marshal/Inspections F:IINSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC I-IBA Minutes I 0/0 I AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Randy Mackie Nick Kroes Fred Nielsen John Warner Jerry Bever The motion carried. Case# 01- 019 - 181 Walton, Lance May, 1657 New St., Muskegon Mr. Grabinski stated that the owner, Mr. May, has not talked to the Inspection Office and he believes this is going to be a tax reverted property this year. At this point, no interior inspection has been done. From the outside there is not a lot done. However, the city had to board it because of vandals running from police and hiding in the house. Staff Recommendation: To declare the structure substandard, a dangerous building, unsafe, a public nuisance and forward to the City Commission for concurrence. Motion: Jerry Bever, supported by Randy Mackie, made a motion to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Randy Mackie Nick Kroes Fred Nielsen John Warner Jerry Bever The motion carried. Case #01-038 - 1113 Williams - Teresa London, 77 4 Amity, Muskegon No one present to represent this case. Mr. Grabinski gave history. The structure is boarded, no contact from owner. It has recently been sold through ReMax, but we have had no contact from the new owner. Staff's recommendation: To declare the structure substandard, a dangerous building, unsafe, a public nuisance and forward to the City Commission for concurrence. 7 of 8 NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: October 31, 2001 181 E. Walton (Address of Property) TO: All owners and interested parties: Lance May, 1657 New St. Muskegon, Ml 49442 (Name of Owner) Stale of Ml DNR (Real Estate Div) P.O. Box 30448 Lansing, Ml 48909 (Other interested parties) On October 4, 2001, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on November 13, 2001, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13, 2001 , al the Muskegon City Hall, 933 Tenace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, FOR HOUSING BOARD OF APPEALS IM~~. By_ _ _ , f - - - - - - - - - - - - - - - - ~ Robert . Grabinski, Director oflnspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC DATE: October 31, 2001 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #:01-042 Address: 2463 Lakeshore Dr. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 2463 Lakeshore Dr. is unsafe, substandard, a public nuisance and that ii be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 01-042, 2463 Lakeshore Dr. Muskegon, Ml Location and ownership: This structure is located on Lakeshore Dr. between Lincoln and Clifford St. It is owned by Option One Mortgage. Staff Correspondence: A dangerous building inspection was conducted on 8/21/01. A notice and order to repair or demolish was issued 8/27/01, a notice of HBA hearing was sent 9/24/01. HBA ordered demolished on 10/4/01. Owner Contact: This property has been foreclosed on and a representative from Trott & Trott was present at the October HBA meeting to represent Option One. He stated that Option One was in the process of taking bids for repair and mowing of the property, but there is a gray area for the mortgage company. On a foreclosure the mortgage company has no rights, except securing the building, during the redemption period. Financial Impact: This demolition would be funded from General Funds. Budget action required: None State Equalized value: $29,800 Estimated cost to repair: $35,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, November 13, 2001. F:\!nspcctions\Grabinski_Lorraine\ Word\CC MEETINGS\Agcn<la 2463 Lakcshorc Dr .. doc page I of I 2400 236 3 2341 2 35 2465 2445 2441 0 2 355 0 2376 2353 23 2 2392 2463 2375 2367 2359 . 2353 244 fiS===*~~7==ffT 0 2456 2429 2471 2481 2471 -·~~- 2260 I w ~ w N N N w w N N ~ m w w N N N 0 N 0 - g N N ,--- - I m m N N 2288 J NAV ·-,,_ .. 2-4(o3 q [ ( { ,--.' ·~arbor Title 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100121231 August 24, 2001 I. Beginning Date: 7/12/2001, at 8:00 A.M. Please See Attached Liber 3230, Page 834, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 8/1/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 3230, Page 834 NONE Taxes: Proof of payment of delinquent water/sewer usage bill, due and payable to the City of Muskegon Water Department in the amount of$107.57, if paid by August 31, 2001. Proof of payment of invoice fees, due and payable to the City of Muskegon in the amount of$244.00. (Invoices for mowing fees #9819654 and #9820791) Note: 2000 Winter taxes were paid in the amount of: $1,362.45. (Base amount- $1,273.46**) No 2001 Summer taxes were assessed. Permanent Parcel No.: 61-24-205-678-0001-0l. 2001 State Equalized Value: $29,800.00. 2001 Taxable Value: $24,253.00. Non-Homestead Property. **NOTE: A Delinquent Water/Sewer Usage Bill was included in the amount of $88.99 in the 2000 Winter Tax Bill. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon Counly, Michigan 1 against: Wells Fargo Bank 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 2463 Lakeshore Dr. 8/21/01 Inspection noted: 1. Wiring in home needs to meet Michigan Residential Code 2000. 2. Horne left open to public. 3. Broken out windows and doors. 4. Partial basement walls caving in - need to structurally stabilize. 5. Rotting, missing siding. Siding in contact with ground - needs to meet protection from decay requirements. 6. Interior incomplete drywall on walls & ceilings. Damaged drywall - graffiti. 7. Rotted wood window frames. 8. Home needs paint. 9. Must have mechanicals certified safe by licensed mechanical contractor. 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. ALTINOWSKI, BUILDING INSPECTOR F:\lnspections\Grnbinski_Lorraine\Word\DANGEROUS BUlI.DING INSPECTION REl'ORTS\STANDARD FORMS\2463 Lakeshore Dr..doc CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: August 27, 2001 Address of the Property: 2463 Lakeshore Dr. Muskegon, Michigan Description of the Structure: E 110 ft. of S 151.5 ft. of N 303 Ft. Blk 678 TO: Wells Fargo Bank, 3 Ada, Irvine CA 92618 [Name & Address of Owner] None (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:\Inspections\Grabinski Lorraine\ Worcl\STANDARD FORMS\lnspections Department Notice and Order.doc Page l oC 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 Iha~ 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 2463 Lakeshore Dr. Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT ert B. Grabinski, Fire Marshal/Inspections CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 24, 2001 Address of the Property: 2463 Lakeshore Dr. Muskegon, Michigan Description of the Structure: E 1 JO ft. ofS 151.5 ft. ofN 303 ft. Blk 678 Dv'""i ION 0-/'1-e, TO: W ~ o Bank, 3 Ada Irvine, CA 92618 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, October 4, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 TetTace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department 011 8/27/01. At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. F:\INSPECTIONS\GRABINSKI __ LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 8, 2001 To: Option One Mortgage Corp. 3 Ada, Irvine. CA 92618 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals. having received evidence at a scheduled and noticed meeting held on Thursday. October 4. 2001. does hereby order that the following structure(s) located at 2463 Lakeshore Dr. Muskegon. Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission on November 13, 2001, this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC HBA Minutes 10/01 Case #01-042 - 2463 Lakeshore Dr. - Option One Mortgage, 3 Ada, Irvine, CA 92618 Jim Batchelor from Trott & Trott was present on behalf of Option One to represent this property. He stated that Option One is in the process of taking bids for repair and mowing of the property. He also stated that there is a problem the board should be aware. There is a gray area for the mortgage company because technically, on a foreclosure, a mortgage company has no rights during the redemption period, other than to secure the property from damage. Mr. Grabinski stated that they (Option One) have contacted the Inspection office in reference to the board up. They were going to contact their contractor to do it, but that did not happen and the city took care of the board up. Mr. Grabinski asked Mr. Batchelor if Option One has no obligation to repair the property. Mr. Batchelor stated that this is the gray area, but they are taking bids to repair to make sure the property is secured. Mr. Grabinski stated that he understands the situation, but our goal is to remove blight from the city. From past experience with foreclosures, if the mortgage company is really serious about saving the structure then we get into a temporary restraining order at some point and we get into a position where we have a consent agreement. Neighbor of the property, Jim Austin, spoke about the mess of the property, vandalism, length of grass, and his distress at having this ongoing problem with the abandoned house. He just doesn't want this to be a lengthy process. He's tired of this blight in his neighborhood. He wants closure to the property. He inquired about the lengthy waiting period on abandoned properties such as this. Borgman explained the process. Staff recommendation: To declare the structure substandard, unsafe, a dangerous building, a public nuisance and forward the case to the City Commission for concurrence. Motion: Motion made by Fred Nielsen, seconded by John Warner to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Clinton Todd Randy Mackie Nick Kroes John Warner Jerry Bever Fred Nielsen The motion carried. 5 of 8 NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: October 31, 2001 2463 Lakeshore Dr. (Address of Property) TO: All owners and interested parties: Option One Mortgage Corp. 3 Ada, Irvine. CA 92618 (Name of Owner) None (Other interested parties) On October 4. 2001, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on November 13, 2001, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on November 13, 2001 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. F:\INSPECTIONS\GRABINSKI LORRAINEIWORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC - '" • . 1,1 , . ·,1, •.•. • --rt~·~7 ·.:. "'f;;~t . J:;. · .... · ~· ·-- - _,_ · · · ·-~··· .... -· -·--- ·· ·' · ' . ·.11 1 · " ·.n .'l , "\ .-~•:n qn~ ~tud-i , :iJ \lSeriic· - hazanl~ hi h • • ~= .·.·treated:~~•-w,M .'(:_ .., : . : ~-~.t\_ "::. ·. · .: • • 1t'' · \' 1: 11 n: 1·,L·,.; ., .Y:~., :·- ):,, ··. ,. .. g l\.Dre.s~w:~(_; ' ,· "'' ,·, !~;,,;d ,,I - '.',; \!~ .. _ =.~ ' ' •• I" . \ ··,' . . " . • , , <. 1}11;11 .1 '· ' ' ·. l ' ' . ':J,.J .1 1 J' ... • ·'••'l'r.l t , l ,,, • f •\ '/ , I(· •• '<,' - ff 1, ( ,,j. 11· -~ f i ,<'•~ - i·· , •lp ·,r.::/ •1,,f .(1 :f ' OSA~Gl!LEs-riifti: . .... ~:·. .-,'. ,.- i:•:·.;-~.;,:-:·.: -~ ~ i~~-;;,:.:~l ;.~·~;,.Th..• :-,ir'oup l.aid., 'o· n' e· 'ln';5'00 · /· ,;:c•:'.'._lf~h"i~:~e~nient- qf·tlie~~ij ... . ;,...·~ •u.. 1 ~ ............,.,; ~ · '··- • 1.· •·· · ·~ ··· _,_,.,: · ' ,r:~r~<r.iNJ~'\!~~~h=~::Yh'ifri: ' ~·•,:•;:~~lldr~.~ mpl:)'v~ment· stores ~atio~wide ~~~s,ts ·~at · ·-i, t c ' - · • • . .... , .. ~ : ., ' .,~~~'1iC-tr~ated de~kt-(Jr:, ·.),.. v11 Saf~~iiuiil,,oM~, •. I . '-'· who;reguJa_rlfRt~i ~-~.~-~.,. ' I -,,. :;:-;::~~ 1''• ' ,[I :: '·. :~tr~:e:~; :~ ,. ,. ' f • .,, •:·• I - •• 1 i f.~ ~- 0.: ~e nsk.of arsenic e~p~urttlrol)'ithe boards ts .' playg~und equipment would be, plW to test;. ~•a~un(fg ~ . ' . ' ,. f nghertbanpreviouslyfeared,anenvlronmen- .,. I .,..d I . .,,. ... bl ..dd. ., ., .... ~.quipment;butlt_~ ~-nic_~l!.ted-:iY~ al organization says. .. ·· " · , ., 1 Y1.0 eve Op 1Ung Or 8 er · safe for chtldren. Ten y~ats ago, at\er a DlUcli . ..:·. .· Jll8. . _ThfE~Y,ii:>nmental World_11gG~q~: WQr~ng-,::~.--.:;--:, .• v1tllj:>li~1c mte~st groups 1n.Wm~t:rop·o~1tan . ._., 1- . ,.. : ,. .. : · ::- r '-j:~ncer later in lifeji•'~ff'!', ½i:~·ff:ridalrr'!\·<1¥,·~~-t?JJAflli~~tR~~ ·J.H; ~---.:,'.-1 J ,·~ q.f~ d-:.11 ' · } ' ~ . fr::; • .f.' 11/J.U (rni . t 'l'hose_who have monitored th~. ~ontroversy U"eas and a government-approved·1ab, ·sa1d .·,· : ·.:, '. · :,,.;;-. . . : · . : . ast week it d('~cted l~vels of arsenic.h.ikb .-; agmg its .91!~.~on~b!~ data m \Vays -f~l~ate~..-... 1,>re~~-t.1,Jt~nic;-treJ.l~,W mough that one in 600-children who re~11tly .to_al~ tlje_pubhc,r and _denied the jiijenf~, . z9".4f'l'ljef. !~el(eve~~at .'t\Je , co,, . '. · . tioJ f -~.tl8,li ,lay .. on:..arsenic:treated decks or:playground treate~ wood posed.a d~er to children. Sci- mounting sc1efififlc ivl<l~d&!/ em ·~ - iquipnient would be likely to develop· lun, or · e~tist4.wor):Qpg for tpe .mdustry have ~ssured ability qf alternative chemfoa_ls, m-ow!ng pub- >ladder·canc·er.1ater iri life:-·--- · · -:-:· ·,, · ::" ·..:hunthattheproduc~tssafe,headded. . · ' . li'c rawareriess orthe p'robl@m antt-1f6ciaa~ The 'release'·or the stUdY, cohtes just 3 we-ek--· ,' · . In'.recent .years, s~ieni_i~ have _teste~ play- , i~gal pressures fo~~ +. ~!iange'. 1,,,,!'..'.•fo;I: ~n 1fter' the Bush. ai:lmlrii#3~.9i1 ~in~raced _a' .· •·ground equipmen~ and other _structures ~~il.t .: . In response to public ~oric~rn, th~-~ r,·, ~ oug~~r.standard fQr arsemc _in.~nking.water from \YOOd pressure-treated with the ~esbc1de ~essing induirtry recentJy ~t1ed l:l.·.P .,; Ao e. md as two govetrm:ient ·age.n91es are m the chrom~ted copper ~enate to make it resist~ ., attach tags to all of its lUilll,er wa,ming ~ts nidst of ~s~ef~}n.~Jhe risks posed by arsenic- . an!~ msec~ and decay. ~cent ne~s acco~ts ·_. against bumlnJt the ~ood and .~d"t?~1Pi.~ 9~_w. xeate.i,·"'.o~~t• . .,·. _-. ·•:. , .. ·. .. ... . ..... ,~ .. have. ptghhghted t~e risks . associated· wit!3 .. wear gloves, goggles and __masks wh~n-,' W~ "The residue data certainly enhances our P!O~ucts treated ~ th the widely _used pest~- , with i~ Retailers are urged to polj1 i9C9~1\~9n irldersuijtd(~hfltbei~egr,ee' to w.hlcli ·atseruc . c1de, but the Envtrdnmental Working Groups sheets, ·which include pl_'eCaµµ_o~ ;·~ :'eaches Q~(onrfiited·\vi'.io,4;" said Jim JoM~, :· ~dy Is tbe first to test newly treated lumber. ' using the treated wood for cutting ~~s Q,! ln ~e~uty_d~~H)r,.,< {~.e ~1).~JUllental {>rotec-· ,. · ;'l would love to hear _from EPA," said Don other ways that Would put it i9._5wlta~.•\'4th J..~~-~en¢y"s'J1estlcide:tifl1c"e:.it:':; , ,, · •. .. · .. Haniso~, a spokesman for Home Depot, o~e of human or animal food. · _·..'- \: w. ;;'.,t,:,i : '.89!-,:W,~~---~~~~ ,l,n,:J11.~µstey sp-9.k~~m~n, '~--.t~: re~tl~~-~rgete~ by..the study. 1 . But there are »p·.:warnloCS agaipst u.$iOI it ~ccusilf."l lti envtMlifflenf.al gr~p of "repack~,.. · ·. Within six monthl, the EPA expects to pub- forplayequlpmentotplcnic.tables;:- ·. , , . 1,1, u•.. ~- ·~ •-.~;. ·,-.·~r-~-~f:;~:•,~j"'-:_;··•~1;:~-\ .. t"~ .. _\:-.• :1 , ::,··--.:fJc~':_ ..~..~-' · · · -· · · ·· · _ _.:_;_~{. _ : ~ ~ .•,, ,; ·:, d
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