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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 25, 2001
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
a. AT & T Presentation
b. MML Award Presentation
o PRESENTATIONS: Proclamation for National League of Cities.
o CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Local Law Enforcement Block Grant - Joint Sending Agreement.
CITY CLERK
c. 2201/2002 Rock Salt Offer. DEPARTMENT OF PUBLIC WORKS
d. Vacation of a Portion of Jiroch Street. PLANNING & ECONOMIC
DEVLEOPMENT
e. Purchase of Backhoe. DEPARTMENT OF PUBLIC WORKS
f. Transportation Enhancement Grant Application. PLANNING &
ECONOMIC DEVELOPMENT
g. Sale of Buildable Vacant Lot on Lawrence Street. PLANNING &
ECONOMIC DEVELOPMENT
h. 2002 Transportation Planning Program Funding. CITY MANAGER
i. Purchase of Giant Leaf Vacuum. DEPARTMENT OF PUBLIC WORKS
j. Correct the Special Assessment Roll on Windsor. ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Tea 21 Grant Application. LEISURE SERVICES
b. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish at 935 Jefferson. CITY CLREK
c. Set a Public Hearing Date for Amendment to Downtown
Development Plan and Tax Increment Financing Plan. Muskegon
Mall. PLANNING & ECONOMIC DEVLOPMENT
d. Housing Commission Appointment. CITY MANAGER
e. Request from the Lemonade Stand of Muskegon to Recognize
them as a Non-profit Organiztion in the city of Muskegon so they
can obtain a Charitable Gaming License from the State of
Michigan. CITY CLERK
• 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 frnward 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, MusM! 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: September 25, 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 Commission
Worksession that was held on Monday, September 10, 2001, and the
Regular Commission Meeting that was held on Tuesday, September 11,
2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 25,2001
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter-
race Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September 25, 2001.
Mayor Fred J. Nielsen opened the meeting by introducing Reverend Henderson of the
Lighthouse Church who offered prayer, after which members of the City Commission and
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 John Aslakson,
Jone Wortelboer-Benedict, Karen Buie, Robert Schweifler, Larry Spataro; City Manager Bryon
Mazade; Assistant City Attorney John Schrier and City Clerk Gail Kundinger.
• HONORS AND AWARDS:
a. A T & T presentation.
AT & T presented an award to Terry "Marco" Clay.
b. MML Award presentation.
Mayor Nielsen presented a MML award to Vice-Mayor Clara Shepherd.
2001-107 CONSENT AGENDA: Items listed under the Consent Agenda have been consid-
ered 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 will 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 Commission Worksession that was
held on Monday, September 10, 2001, and the Regular Commission Meeting that was held
on Tuesday, September 11 , 2001 .
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of Minutes
b. Local Law Enforcement Block Grant - Joint Spending Agreement. CITY
MANAGER
SUMMARY OF REQUEST: To approve a joint spending agreement with the County for the
City's Local Law Enforcement Block Grant (LLEBG). This is required because the U.S. Depart-
ment of Justice has determined that disparate funding exists.
FINANCIAL IMPACT:
City of Muskegon $83,686
County of Muskegon $32,222 (use is for jail security services)
$115,908
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the distribution.
c. 2001 /2002 Rock Salt Offer. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Award rock salt bid to Morton International at a cost of
$35.95/ton, delivered, October 20, 2001, through April 30, 2002.
FINANCIAL IMPACT: $82,400 budgeted
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Accept offer
d. Vacation of a portion of Jiroch Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of Jiroch St., between Forest and South-
ern Avenues.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portion of Jiroch with the
condition that all City easement rights are retained, and the street is not built over.
f. Transportation Enhancement Grant Application. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To allow Planning Department to submit a Transportation En-
hancement Grant application mainly for the aesthetic improvement of Western Avenue
extending from 3rd Street through 8th Street. The County of Muskegon will jointly submit
their application to restore the Grand Trunk Depot with the City's Western Avenue Street-
scape.
FINANCIAL IMPACT: The streetscape with a total project cost of $620,000 did not get
funded last year. The Planning Department intends to reduce the total project cost and use
the same $125,000 of local match from last year's application to increase the chances of
having it funded this time. The City of Muskegon and the County of Muskegon will each be
responsible for a 20% match for the grant. Grant funds from the Community Foundation will
be sought to offset other non-participating project costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor
and the Clerk to sign it.
j. Correct the Special Assessment Roll on Windsor. ENGINEERING
SUMMARY OF REQUEST: It is requested that the street special assessment roll adopted
September 11, 2001, for the Windsor construction project from Barclay to Henry be cor-
rected to reflect the following:
1. 971 Windsor (Parcel #24-175-000-0107-00) be assessed for 16' instead of 39' for a to-
tal assessment of $57 6.00 instead of $1,417.65.
2. 972 Windsor (Parcel #24-500-000-0013-00) be assessed for 42.3' instead of 50' for a
total assessment of $1,537.61 instead of $1,817.50.
3. 990 Windsor (Parcel #24-500-000-0012-00) be assessed for 75' instead of 100' for a
total assessment of $2,726.25 instead of $3,635.00.
4. 993 Windsor (Parcel #24-175-000-0135-00) be assessed for 35.5' instead of 44.5' for a
total assessment of $1,290.43 instead of $1,617.58.
These corrections are necessary due to an oversight on our part to recognize that align-
ment of Dowd not being straight north & south of Windsor. Furthermore, the property owners
affected by the proposed corrections have been contacted.
FINANCIAL IMPACT: A total of $74,225.91 (instead of $76,573.35) would be spread against
the forty-five (45) parcels abutting the project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Correct the Windsor roll.
Motion by Commissioner Schweifler, second by Commissioner Buie to approve the con-
sent agenda with the exception of item e, g, h, and i.
ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson.
Nays: None
MOTION PASSED
2001- 108 ITEMS REMOVED FROM CONSENT AGENDA:
e. Purchase of Backhoe. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 580 Super M Backhoe from Wolverine
Tractor and Equipment, for a total cost of $49,750. We have been renting this machine from
Wolverine for summer work due to a shortage of backhoes. Wolverine is willing to apply 85%
of the rental fee towards the purchase of this machine.
FINANCIAL IMPACT: $49,750.00
BUDGET ACTION REQUIRED: None. $40,000.00 was budgeted. The extra $9,500.00 will be
replaced from other line items that were under budget.
STAFF RECOMMENDATION: Approve one Case 580 Super M Backhoe from Wolverine Trac-
tor and Equipment for $49,750.00.
Motion by Commissioner Benedict, second by Commissioner Aslakson to approve the
purchase the Case 580 Super M Backhoe.
ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict.
Nays: None
MOTION PASSED
g. Sale of Buildable Vacant Lot on Lawrence Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot on Lawrence
Avenue (designated as parcel number 24-205-610-000-0053-00) described as URBAN
RENEWAL PLAT NO l LOT 53 to Mr. Greg Lear of 550 W. Norton Avenue, Muskegon, Ml.
The subject property is 70 x 90 x l 03.40 x 95.75 feet and is being offered to Mr. Lear for
$3,800. He plans to use the land for the construction of a 1260 sq. ft. single-family home.
The home will contain 3 bedrooms, one and half bathrooms, a full basement, and a 2 stall
attached garage. The appraised value of the lot is $3,750 and Mr. Lear submitted the
only bid of $3,800.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate addi-
tional tax revenue for the City and will place the property back on the City's tax rolls thus
relieving the City of continued maintenance cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
Motion by Commissioner Aslakson, second by Commissioner Benedict to approve the
sale of the lot on Lawrence Avenue.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie.
Nays: None
MOTION PASSED
h. 2002 Transportation Planning Program Funding. CITY MANAGER
SUMMARY OF REQUEST: To approve the City's share of the local matching funds for the
Muskegon County Metropolitan Planning Program for fiscal year l 0/1 /01 to 9/30/02. The
City receives grant funds through this program for certain major streets.
FINANCIAL IMPACT: $14,630 from the Major Street Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request.
Motion by Vice-Mayor Shepherd, second by Commissioner Spataro to approve the 2002
Transportation Planning Program Funding.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen.
Nays: None
MOTION PASSED
i. Purchase of Giant Leaf Vacuum. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Giant Voe. Model 6500HW leaf vac-
uum from the Power Shop.
FINANCIAL IMPACT: $9,500
BUDGET ACTION REQUIRED: $7000 was budgeted for this item. The extra $2,500 will be
taken from other line items that were under budget.
STAFF RECOMMENDATION: Approve the purchase of one (1) model 6500HW Giant leaf
vacuum from the Power Shop.
Motion by Commissioner Benedict, second by Commissioner Aslakson to approve the
purchase of the model 6500HW from the Power Shop.
ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict.
Nays: None
MOTION PASSED
2001-109NEW BUSINESS:
a. Tea 21 Grant Application. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to submit a grant application to MOOT for TEA 21
Enhancement Funds to construct Phase I of the Lakeshore Trail.
FINANCIAL IMPACT: $1,800
BUDGET ACTION REQUIRED: None, at this time.
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Spataro, second by Commissioner Benedict to approve the Tea
21 Grant Application.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler.
Nays: None
MOTION PASSED
b. Concurrence with the Housing Board of Appeals Notice and Order to De-
molish at 935 Jefferson. INSPECTIONS
SUMMARY OF REQUEST: This request is being brought back to the City Commission due to
an oversight where the property owner was not sent notice of the hearing in May. This is a
request that the City Commission concur with the findings of the Housing Board of Appeals
that the structure located at 935 Jefferson, Muskegon, Ml is unsafe, substandard, a public
nuisance and that it be demolished within thirty (30) days. It is further requested that admini-
stration be directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
FINANCIAL IMPACT: General
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals.
Motion by Commissioner Aslakson, second by Commissioner Benedict to concur with the
Housing Board of Appeals and delay any action for forty-five (45) days.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd.
Nays: None
MOTION PASSED
c. Set a Public Hearing Date for Amendment to Downtown Development Plan
and Tax Increment Financing Plan. Muskegon Mall. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution calling a public hearing to amend the
Downtown Development Plan (ODA) and Tax Increment Financing (TIFA) Plan. The amend-
ment will remove certain properties from the ODA and TIFA Plans (the Mall). The public
hearing will be held November 13, 2001.
FINANCIAL IMPACT: The Mall is presently on appeal in the Tax Tribunal. If the taxation
value of the Mall property is reduced, the Mall has the potential to be a detriment to the
DDA's tax capture ability on other properties. By taking the property out of the Plans, this
detriment will be substantially reduced.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk
to sign.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to approve set-
ting a public hearing on amending the DDA and TIFA for November 13, 2001.
ROLL VOTE: Ayes: Aslakson, Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro.
Nays: None
MOTION PASSED
d. Housing Commission Appointment. CITY MANAGER
SUMMARY OF REQUEST: To approve and concur with the City Manager's recommenda-
tion to appoint Mary Jo McCann to the vacant position on the Muskegon Housing Commis-
sion. This vacancy was created by the resignation of Richard Rienstra.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the appointment of Mary Jo Mccann to the
Muskegon Housing Commission.
Motion by Commissioner Spataro, second by Vice-Mayor Shepherd to concur and ap-
point Mary Jo Mccann to the Muskegon Housing Commission.
ROLL VOTE: Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson.
Nays: None
MOTION PASSED
e. Request from the Lemonade Stand of Muskegon to recognize them as a
non-profit organization in the City of Muskegon so they can obtain a
Charitable Gaming License from the State of Michigan. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recognizing the Lemonade Stand of
Muskegon as a non-profit organization.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to recognize the
Lemonade Stand of Muskegon as a non-profit organization.
ROLL VOTE: Ayes: Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict.
Nays: None
MOTION PASSED
2001-1 l0ANY OTHER BUSINESS
Motion by Commissioner Benedict to remove the bike trail from the Beechwood Project.
MOTION FAILED DUE TO LACK OF SUPPORT
2001-111 PUBLIC PARTICIPATION
The Commission heard various comments.
2001 - 112 CLOSED SESSION:
Motion by Vice -Mayor Shepherd, second by Commissioner Aslakson to close session to
discuss pending litigation at 7:04p.m.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen.
Nays: None
MOTION PASSED
Motion by Commissioner Benedict, second by Commissioner Buie to go back to an open
session at 7:19pm and concur with the city attorney.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Buie, Nielsen, Schweifler
Nays: None
MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at
7:20 p.m.
Respectfully submitted,
~½
Gail Kundinger
City Clerk
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING -~9/~1~1/~01~
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 6, 2001
RE: Local Law Enforcement Block Grant - Joint Spending Agreement
SUMMARY OF REQUEST:
To approve a joint spending agreement with the County for the City's Local Law Enforcement
Block Grant (LLEBG). This is required because the U.S. Department of Justice has determined
that disparate funding exists.
FINANCIAL IMPACT:
City of Muskegon $ 83,686
County of Muskegon $ 32,222 (use is for jail security services)
$115,908
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the above distribution.
t'
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENnADMINIAGNDAFRM
JMS- 0: {2001-LLEBG-JOINTSPENDINGAGREEMENT)
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING _ _ _ _ _ __
To: Honorable Mayor and City Commission
From: Department of Public Works
Date: September 19, 2001
Re: 2001/2002 Rock Salt Offer
SUMMARY OF REQUEST:
Award rock salt bid to Morton International at a cost of $35.95/ton,
delivered, October 20, 2001 through April 30, 2002.
FINANCIAL IMPACT:
$82,400 budgeted.
BUDGET ACTION REQUIRED:
None. Funds provided in Highway budgets will purchase 2,292 tons.
STAFF RECOMMENDATION:
Accept offer.
COMMITTEE RECOMMENDATION:
To: The City Commission through the City Manager
From: Robert H. Kuhn, Director of Public Works
Date: September 19, 2001
Subject: Rock Salt Bid
Bids to provide rock salt for the 2001/2002 winter were solicited in The Muskegon
Chronicle, and notices were mailed to six interested vendors. Two bids were received
received:
Morton International $35.95/ton delivered, 50-ton minimum
$35.95/ton pick-up, 10-ton minimum
Cargill Salt $37.25/ton delivered, 50-ton minimum
$36.00/ton pick-up, 10-ton minimum
Morton International has provided the salt for the last two winters at $26.00/ton,
delivered. This past winter 4,390 tons of rock salt were purchased.
Although our bid requested pricing on 5,000 tons, we are not obligated to purchase that
amount. We will, however, have up to that amount available should winter weather be
severe.
Current Highway budgets---locals, majors, and State trunkline---include $82,400 for rock
salt purchases, which would purchase 2,292 tons at the $35.95/ton, 50-ton minimum,
delivered quote from Morton International. If we should need more than 2,292 tons of
salt, a budget adjustment will be needed.
It is recommended that the rock salt vendor for the 2001/2002 winter be Morton
International.
Commission Meeting Date: September 25, 2001
Date: September 14, 2001
To: Honorable Mayor and City Commis~rs
From: Planning & Economic Developmen~
RE: Vacation of a portion of Jiroch St.
SUMMARY OF REQUEST:
Request for vacation of Jiroch St., between Forest and Southern Aves.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the portion of Jiroch St., with the condition that all City
easement rights be retained, and the street not be built over.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of Jiroch St. The vote was
unanimous with F. Nielsen, P. Veltkamp, and L. Abraham absent.
9/14/2001
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
September 13, 2001
Hearing; Case 2001-32: Reqnest for the vacation of Jiroch St., between Forest and
Sonthern Aves., by Hackley Hospital.
BACKGROUND
Hackley Hospital is requesting that Jiroch St., between Forest and Southern Aves. be vacated.
The only properties located on this block of Jiroch are a parking lot owned by and used for
Hackley Hospital (west side of street), and Muskegon County Mental Health (east side of street).
Muskegon County Mental Health has a Southern Ave. address, but the only access to their
parking lot is off of Jiroch ( see photos below).
The City Engineer has stated that "as long as it is understood and agreed upon that this section of
Jiroch would not be built over and the City's rights to enter that section for repair and/or
replacement of public utilities is preserved", he would not object to the request. "I feel that from
a snow removal operation this vacation would make it easier, one less dead end."
The Fire Marshal is opposed to the request, stating "This is our access to the west side of
Northwood Center and a second means of ingress/egress from the emergency department area.
This can not happen. We have already vacated Forest. Now, we propose to have no public
access into the area?"
PHOTOS
City of Muskegon Planning Commission - 9/13/0 I
Sfoenli3gen;Deborah
From: Grabinski, Bob
Sent: Thursday, September 13, 2001 4:57 PM
To: Steenhagen, Deborah
Subject: RE: Jiroch St. vacation
I was tied up today. I have received information from Hackley that allows me to lift the objection
to the vacation of Jiroch from what was Forest to Southern.
-----Original Message-----
From: Steenhagen, Deborah
Sent: Thursday, September 13, 200110:36AM
To: Grabinski, Bob
Subject: Jiroch St. vacation
The Planning Commission meeting for this is this afternoon - were you going to send an e-
mail about it?
Deb
J!ROCH STREET VACATING REQUEST
HACKLEY HOSPITAL
MUSKEGON, Ml
REASONS FOR REQUEST
1. Provide opportunity to design and construct physical improvements to the
Emergency Room/Surgical areas, and associated Emergency Room site
entry.
2. Provide opportunity to design an access and circulation system
incorporating improved linkage to Forest.
3. Important component of the hospital's campus theme. Links directly to the
hospital. Enhances campus and neighborhood beautification efforts.
4. Provide opportunity to:
a) implement street/access improvements (e.g. widening, parking, etc.)
b) implement landscape enhancements (trees, lighting, walks, etc.)
c) control ongoing maintenance and security
IMPACT ON PUBUC (VEHICULAR) TRAFFIC
The closure will not have a significant impact on non-campus traffic.
1. Field studies show that over 97% of the traffic using Jiroch (subject portion)
is related to the campus. Non-campus traffic is minimal, and often non-
existent.
DESIGN CONSIDERATIONS AFTER VACATING
1. Continuation of "public" access.
2. Improved access for emergency patients.
3. Improved access for Fire Department vehicles.
4. Recognition of underground utilities.
5. Campus/neighborhood beautification.
CITY OF MUSKEGON
RESOLUTION #2001- 107( d)
RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET
WHEREAS, a petition has been received to vacate Jiroch St., between Forest Ave. and Southern
Ave., City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on September 25, 2001 to consider
the petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said heaiing as well as the September 25, 2001 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Jiroch St., between Forest and Southern Aves.;
BE IT FURTHER RESOLVED that the City Commission does hereby declme the said po1tion of
street vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as to conflict with fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over
and upon said portion of street hereby vacated, and it is hereby expressly declared that such rights
shall remain in full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will inte1fere
with the repair or maintenance of utilities in the easement, public or private.
BE IT FURTHER RESOLVED that an access agreement between Hackley Hospital and
Muskegon County will be made and recorded to allow the County facility to retain its access from
Jiroch St. and that this section of Jiroch St. will not be built over, subject to approval by all
appropriate City regulations.
Adopted this 25th day of September, 2001.
Ayes: sen edi ct , Bui e , Niels en, Schweifl er, Shepherd, Spataro , Aslak son
Nays: None
Absent: None
By: 0~~.~
-F-r-ed
=J-.-N_1_·e....:.ls_e..,,.tM'-+-ay_o_r_,.___ _ _ __
CERTIFICATION
I hereby certify that the foregoing constitutes a trne and complete copy of a resolution adopted by
the City Commission ofthe City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on Septemb_er 25, 2001.
~ ~ef;,
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
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Commission Meeting Date: September 25, 2001
Date: September 18, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development(:~
RE: Transportation Enhancement Grant Application
SUMMARY OF REQUEST:
To allow Planning Department to submit a Transportation Enhancement Grant
application mainly for the aesthetic improvement of Western Avenue extending from
3rd Street through 8th Street. The County of Muskegon will jointly submit their
application to restore the Grand Trunk Depot with the City's Western Avenue
Streetscape.
FINANCIAL IMPACT:
The streetscape with a total project cost of $620,000 did not get funded last year. The
Planning Department intends to reduce the total project cost and use the same
$125,000 of local match from last year's application to increase the chances of having it
funded this time. The City of Muskegon and the County of Muskegon will each be
responsible for a 20% match for the grant. Grant funds from the Community
Foundation will be sought to offset other non-participating project costs.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the attached resolution and authorize the Mayor and the Clerk to sign it.
COMMITTEE RECOMMENDATION:
The Traffic Committee will review the revised streetscape plan, and supports Staff to
submit the application.
9/18/2001
Resolution No. 2001-107 ( f)
MUSKEGON CITY COMMISSION
WHEREAS, downtown revitalization efforts are going on along Western Avenue, which
is a part of the entertainment district, more pedestrian and vehicular traffic is anticipated
to occur on Western Avenue;
WHEREAS, the improvement of Western Avenue through streetscape design is
anticipated to attract more businesses and visitors into downtown Muskegon, and;
WHEREAS, the proposed improvement will not only generate economic activity within
downtown and adjacent districts, but also enhance community image, and;
WHEREAS, a grant is available through the Transportation Enhancement Program
under the Transportation Equity Act for the 21 st Century (TEA-21) of 1998, and;
WHEREAS, the proposed streetscape project on Western Avenue is eligible for funding
that is a reimbursement program requiring 20% local match;
NOW, THEREFORE BE IT RESOLVED that the City Commission authorizes the
submittal of the grant, and if approved by the Michigan Department of Transportation
(MOOT), authorizes acceptance of the grant funds; and that the City will commit to fund
and/or seek funding for the match requirement;
BE IT FURTHER RESOLVED, that if the grant is approved by MOOT, the West
Michigan Shoreline Regional Development Commission (WMSRDC) will be requested to
amend the Transportation Improvement Plan (TIP) to include this streetscape project;
BE IT FURTHER RESOLVED, that the Mayor be authorized to sign the grant application
on behalf of the City.
Resolution adopted this 25th day of September, 2001.
Ayes: Benedict, Buie, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: None
Absent: None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City of Muskegon, County of Muskegon, Michigan at a regular meeting
held on September 25, 2001. , /
By: - ----t-~~~- ~!....:::::~~~~~ -
Gail Kundinger, Clerk
Date: September 25, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Correct the Special Assessment Roll on Windsor
SUMMARY OF REQUEST:
It is requested that the street special assessment roll adopted September 11 th of 2001 for
the Windsor construction project from Barclay to Henry be corrected to reflect the
following;
1. 971 Windsor (Parcel # 24-175-000-0107-00) be assessed for 16' instead of 39' for a
total assessment of $576.00 instead of $1,417.65.
2. 972 Windsor (Parcel# 24-500-000-0013-00) be for 42.3' instead of 50' for a total
assessment of $1,537.61 instead of $1,817.50.
3. 990 Windsor (Parcel# 24-500-000-0012-00) be for 75' instead of 100' for a total
assessment of $2,726.25 instead of $3,635.00.
4. 993 Windsor (Parcel# 24-175-000-0135-00) be assessed for 35.5' instead of 44.5' for
a total assessment of $1,290.43 instead of $1,617.58.
These corrections are necessary due to an oversight on our part to recognize that
alignment of Dowd not being straight north & south of Windsor. Furthermore, the property
owners affected by the proposed corrections have been contacted.
FINANCIAL IMPACT:
A total of $74,225.91 (instead of $76,573.35) would be spread against the fourty-five (45)
parcels abutting the project .
BUDGET ACTION REQUIRED:
None,
STAFF RECOMMENDATION:
Correct the Windsor roll.
COMMITTEE RECOMMENDATION:
T
N
REMOVE 2 L FT OF
FT OF
I ~j k>
CONC. CB.G REMOVE 2 L
CONC. CB.G
990 w'INDSOR ~ A972 w'INDSOR
i
Ow'NER• RONALD ILSON
I Dw'NER• CHARLES LIND
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--.:::::::::::: ®d / I Y@ 34.7' ~
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993 w'!NDSDR\_AVE
Dw'NER, ANGELA\. RUHSTORFER 971 w'INDSDR AVE'
Ow'NER, w'ILLIAM/ JANET ZELLAR
----,.. ' ,, --D '.".1., i
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H-1519
Windsor Avenue, from Barclay Street to Henry Street.
SPECIAL ASSESSMENT ROLL
C c:,!2.JZ..S(:..TE..D -~.
--I l D DRAPP
PARCEL @
PAVING /SW TOTAL
24-175-000-0134-00 0 WINDSORA RUHSTORFER ANGEL 993 WINDSOR AVE MUSKEGON Ml 49441 1,381.30 $0.00 $1,381.30
24-175-000-0108-00 0 WINDSORA ZELLER WILLIAM/JANE 971 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $0.00 $1,417.65
24-175-000-0016-00 829 WINDSOR A DONEY ROBERT G 829 WINDSOR AVE MUSKEGON Ml 49441 $708.00 $0.00 $708.00
24-175-000-0017-00 835 WINDSOR A HOLT JAMES E/ROSEL 835 WINDSOR AVE MUSKEGON Ml 49441 $708.00 $820.12 $1,528.12
24-175-000-0018-00 841 WINDSOR A MATZ MARY A TRUST 841 WINDSOR MUSKEGON Ml 49441 $708.00 $0.00 $708.00
24-175-000-0043-00 855 WINDSOR A HAWRYLIW NEIL A 1366 SEMINOLE RD MUSKEGON Ml 49441 $708.00 $0.00 $708.00
24-175-000-0044-00 859 WINDSOR A KAMMERS DALE 859 WINDSOR AVE MUSKEGON Ml 49441 $708.00 $0.00 $708.00
24-175-000-0045-00 865 WINDSOR A LAPAJCZYK OLGA 865 WINDSOR AVE MUSKEGON Ml 49441 $708.00 $0.00 $708.00
24-525-000-0075-00 866 WINDSOR A HEKKEMA ALBERT M 620 CENTER ST MUSKEGON Ml 49445 1,062.00 $0.00 $1,062.00
24-175-000-0046-00 873 WINDSOR A HANDY ELAINE V 873 WINDSOR AVE MUSKEGON Ml 49441 $690.30 $0.00 $690.30
24-175-000-0047-00 879 WINDSOR A GORDON MICHAEL E 2203 CLIFFORD ST MUSKEGON Ml 49441 $690.30 $0.00 $690.30
24-525-000-0046-00 884 WINDSOR A BUDNIC JENNIE 1933 CROWLEY ST MUSKEGON Ml 49441 1,035.45 $0.00 $1,035.45
24-175-000-0073-00 899 WINDSOR A SCHROPP CAROL 899 WINDSOR AVE MUSKEGON Ml 49441-0 1,417.65 $0.00 $1,417.65
24-175-000-007 4-00 905 WINDSOR A RYAN FLOYD A 905 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $735.86 $2,153.51
24-525-000-0045-00 906 WINDSOR A HOSLER SHERYL A 906 WINDSOR AVE MUSKEGON Ml 49441 2,271.88 $688.50 $2,960.38
24-175-000-0075-00 913 WINDSOR A RYAN FLOYD A 905 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $0.00 $1,417.65
24-175-000-0076-00 919 WINDSOR A SLATER CHESTER JR 1979 WEBSTER RD MONTAGUE Ml 49437 1,417.65 $277.80 $1,695.45
24-175-000-0077-00 925 WINDSOR A KARAFA JOHN T/LAUR 1896 HUDSON MUSKEGON Ml 49441 1,417.65 $234.60 $1,652.25
24-175-000-0078-00 931 WINDSOR A MORENCY CHRIS A 931 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $0.00 $1,417.65
\ 0{ 3
f:s v IS&D 9 /1!.f / c/
H-1519
Windsor Avenue, from Barclay Street to Henry Street.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @
--~ ......
PAVING /SW TOTAL
-··- . ----------~ ---··
24-175-000-0105-00 955 WINDSOR A PUSEY ELDEN 955 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $0.00 $1,417.65
24-175-000-0106-00 963 WINDSORA ZELLER WILLIAM/JANE 971 WINDSOR AVE MUSKEGON Ml 49441 1,417.65 $0.00 $1,417.65
24-500-000-0014-00 966 WINDSORA ANDREW JOHNSON 3409 FARR RD FRUITPORT Ml 49415 1,817.50 $0.00 $1 ,817.50
24-175-000-0107-00 971 WINDSOR A ZELLER WILLIAM/JANE 971 WINDSOR AVE MUSKEGON Ml 49441 $576.00 $757.86 $1 ,333.86
24-500-000-0013-00 972 WINDSOR A LIND CHARLES A 972 WINDSOR AVE MUSKEGON Ml 49441 1,537.61 $0.00 $1 ,537.61
-
24-500-000-0012-00 990 WINDSOR A WILSON RONALD L 990 WINDSOR AVE MUSKEGON Ml 49441 2,726.25 $0.00 $2,726.25
24-175-000-0135-00 993 WINDSOR A RUHSTORFER ANGEL 993 WINDSOR-AVE MUSKEGON Ml 49441 1,290.43 $437.50 $1,737.93
24-480-006-0001-10 1007 WINDSOR A ROELOFS DANIEL 1007 WINDSOR AVE MUSKEGON Ml 49441 2,635.38 $445.00 $3,080.38
24-480-002-0019-00 1046 WINDSOR A WHITE HEATHER/WHI 1346 POULSON RD MUSKEGON Ml 49445 1,999.25 $428.12 $2,427.37
24-480-005-0001-00 1055 WINDSOR A CZINDER STEPHEN 1055 WINDSOR AVE MUSKEGON Ml 49441 2,399.10 $0.00 $2,399.10
24-480-002-0018-00 1056 WINDSOR A ZIMMER PATRICIA 1056 WINDSOR AVE MUSKEGON Ml 49441 2,271 .88 $0.00 $2,271 .88
24-480-004-0001-10 1095 WINDSOR A KLIMSZA FREDRICK J/ 4510 POULIN ST MUSKEGON Ml 49441 1,454.00 $0.00 $1,454.00
24-525-000-0099-00 1893 HENRY ST POTHOFF WAYNE R/R 1893 HENRY ST MUSKEGON Ml 49441 1,062.00 $0.00 $1 ,062.00
24-525-000-0074-00 1895 CROWLEY HEKKEMA ALBERT M 620 CENTER ST MUSKEGON Ml 49445 1,062.00 $0.00 $1 ,062.00
24-480-002-0019-10 1895 FRANKLIN WALKER ROBERT G 1895 FRANKLIN ST MUSKEGON Ml 49441 2,544.50 $0.00 $2,544.50
24-525-000-0015-00 1895 HUDSON S MUSKEGON APOSTOL PO BOX 1249 MUSKEGON Ml 49443-1 2,126.48 $0.00 $2,126.48
24-525-000-0076-00 1896 CROWLEY RODRIGUEZ RAMIRO/ 1896 CROWLEY ST MUSKEGON Ml 49441 1,062.00 $0.00 $1 ,062.00
24-525-000-0016-00 1896 HUDSON S LOWING LAURA 1896 HUDSON ST MUSKEGON Ml 49441 2,271 .88 $746.70 $3,018.58
24-480-003-0015-00 1897 NEVADA ST JOSEPHSON GEORGE 1897 NEVADA ST MUSKEGON Ml 49441 2,435.45 $0.00 $2,435.45
Z. C (. 3
·Rtll ,sf;,'".:> 9 it'f/of
H-1519
Windsor Avenue, from Barclay Street to Henry Street.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @
PAVING /SW TOTAL
- . -- ·- - - --· -
24-480-001-0014-00 1898 FRANKLIN GILLAND MICHELLE E 1898 FRANKLIN ST MUSKEGON Ml 49441 2,474.34 $0.00 $2,474.34
24-175-000-0015-00 1907 HENRY ST BUDNIC JENNIE 1933 CROWLEY ST MUSKEGON Ml 49441 1,062.00 $0.00 $1 ,062.00
24-480-006-0001-00 1910 FRANKLIN ROELOFS DANIEL 1007 WINDSOR AVE MUSKEGON Ml 49441 1,297.70 $0.00 $1 ,297.70
24-480-005-0028-00 1911 FRANKLIN KOOi LARRY A 1911 FRANKLIN ST MUSKEGON Ml 49441 2,399.10 $0.00 $2,399.10
24-175-000-0103-00 1911 HUDSON S LAKE MABEL N 1911 HUDSON ST MUSKEGON Ml 49441 2,835.30 $0.00 $2,835.30
24-480-004-0001 -00 1911 NEVADA ST EDGERTON BRIAN/RU 1911 NEVADA ST MUSKEGON Ml 49441 1,708.45 $766.90 $2,475.35
24-175-000-0048-00 1914 KINSEY ST GARRILLO ALFRED/SA 1914 KINSEY ST MUSKEGON Ml 49441 $690.30 $0.00 $690.30
TOTALS .................. ...................................................... ..... ........ ............................ ............... ..... $67,876.95 $6,338.96 $74,225.91
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
CLIF~R.-Dl~r-
~ #
- EQUALIZA
,COUNTY - - 0. -Y
L~~ ~ b/
TION DATE
u12ill~~
LAWRENCE SPATA J_
CITYcoMMISSIONER. .
c}-J7-0
DAT:
/ JOHN ASLAKSON - ~ - - iLQ~
CITY COMMISSIONER - 5-0l I ...
--DATE
3 °~ 3
Date: 9/13/01
TO: Honorable Mayor and City Commission
From: Jerry McIntyre, Equipment Supervisor DPW
RE: Purchase of Backhoe
SUMMARY OF REQUEST: Approval to purchase one 580 Super M Backhoe from
Wolverine Tractor and Equipment, for a total cost of$49,750.00.
We have been renting this machine from Wolverine for summer work due to a
shortage of backhoes. Wolverine is willing to apply 85% of the rental fee towards the
purchase of this machine.
FINANCIAL IMPACT: $49,750.00
BUDGET ACTION REQUIRED: None $40,000.00 was budgeted. The extra $9,500.00
will be replaced from other line items that were under budget.
STAFF RECOMMENDATION: Approve one Case 580 Super M Backhoe from
Wolverine Tractor and Equipment for $49,750.00.
Sep 19 01 04132p Pat Bio" 231-722-4188 p.2
J\,lcmorandum
To: Robert Kuhn
From: Jerry McIntyre
Date: 09/18/0 l
Re: Backhoe Purchase
Bob, below is the final quote for the purchase of a Case Super M Backhoe, As
you know we rented 1his backhoe for the summer months of 2001. Wolverine Tractor and
Equipment has offered to apply 85% of the rental fees paid to them over the summer
months.
The cost ofa 580 Super M Backhoe to fit our specifications is $62,500.00, Below
is a breakdown of savings to us:
Rental: $2500.00 X 6mo. = $15000 00
Rental Applied: $15,000.00 X 85% ~ $12,750.00
Final Co31: $62,500.00- $12,750.00 = $49,750.00
Our other three backhoes arc also Case models and all of the Case engines
take the same peripheral parts, which makes it bcnelicial in stockingsparc parls.
In purchasing this machine we will be reducing the amount of rental fees we arc
paying each year,
Date: 9/13/2001
To: Honorable Mayor and City Commission
From: Jerry McIntyre, Equipment Supervisor DPW
RE: Leaf Vacuum
SUMMARY OF REQUEST: Approval to purchase 1 Giant Vac. Model 6500HW leaf
vacuum from the Power Shop.
FINANCIAL IMPACT: $9,500.00
BUDGET ACTION REQUIRED: $7000.00 was budgeted for this item. The extra
$2,500.00 will be taken from other line items that were under budget.
STAFF RECOMMENDATION: Approve the purchase of one (1) model 6500HW Giant
leaf vacuum from the power shop.
Memorandum
To: Robert Kuhn
From: Jerry McIntyre
Date: 09/13/01
RE: LeafVac Replacement
Bob,
I would recommend the purchase of one LeafVac machine for $9500.00.
In researching the past budget allowances, I notice in 1998 we allowed $8000.00
for the purchase of a vac that priced at $8480.00. In the 2001 budget we allowed
$7000.00.
The "Giant" Company, a manufacturer that makes leaf vacuums has been
purchased by the Simplicity Co. In doing so, the Simplicity Co. has left the name of
Giant on the machines and are using the Wisconsin engines. According to Simplicity,
Wisconsin has raised their prices tremendously on their engines and that is the reason for
the large price increase.
With these machines steadily rising we should budget for at least 2 machines in
our future budget, if at all possible.
We have three machines now.
These machines are maintenance intensive, but one of the best means to deal with
leaves in the parks and cemetery.
SAllES QllJOT A TION
•
THOM/IS
QUOTE VALID FOR 00 DAYS.
2 DESCRIPTION PRICE
J
TRADE-IN TRADE ALLOWANCE
(
s
''l'-
/
TOTAL
ROYAL 414 Printed in USA
Commission Meeting Date: September 25, 2001
Date: September 20, 2001
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ('/3C-
RE: Sale of Buildable Vacant Lot on Lawrence Avenue
SUMMARY OF REQUEST:
To approve the sale of the vacant buildable lot on Lawrence Avenue (designated as parcel number
24-205-610-000-0053-00) described as URBAN RENEWAL PLAT NO 1 LOT 53 to Mr. Greg Lear of
550 W. Norton Avenue, Muskegon, Ml. The subject property is 70 x 90 x 103.40 x 95.75 feet and is
being offered to Mr. Lear for $3,800. He plans to use the land for the construction of 1260 sq. ft.
single-family home. The home will contain 3 bedrooms, one and a half bathrooms, a full basement,
and a 2 stall attached garage. The appraised value of the lot is $3,750 and the Mr. Lear submitted
the only bid of $3,800.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for the City
and will place the property back on the City's tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
None
Resolution No. 2001- 108 ( g)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT IN MARQUETTE
NEIGHBORHOOD FO~ $3,800.
WHEREAS, Mr. Greg Lear has placed a $400 deposit for the parcel designated as
parcel number 24-610-000-0053-00, located on Lawrence Avenue;
WHEREAS, Mr. Greg Lear has submitted the only bid of $3,800 for the parcel
designated as parcel number 24-610-000-0053-00, located on Lawrence Avenue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the
City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable
lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0053-00,
located on Lawrence Avenue be sold to the above-mentioned buyer.
URBAN RENEWAL PLAT NO 1 LOT 53
Adopted this 25th day of September, 2001
Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson, Benedict, Buie
Nays: None
Absent None
By:~
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
a
Michigan at regular meeting held on September 25, 2001.
V\10\fOtl8
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"----'•
QUIT-CLAIM DEED
2001-108(g) ·
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to: G. Lear & Associates, Inc., a Michigan Busiuess Corporation, of 550 E. Norton Avenue, Muskegon, MI 49441,
the followiug described premises situated iu the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot53 ofMUSKEGONURBANRENEWALPLATNO. l;
as recorded iu Liber 19 of Plats, Pages 6-8, Muskegon County Records;
for the sum of Three Thousand Eight Hundred Dollars ($3,800).
PROVIDED, HOWEVER, Grantees, or their assigos, shall commence construction of one(!) single family home on the premises
herein conveyed withiu eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to
the City of Muskegon free and clear of any claim of Grantees or their assigos; and, in addition thereto, the City of Muskegon may
retain the consideration for this conveyance free and clear of any claim of Grantees or their assigns. 11
Complete construction means:
11
(!) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opiuion of the City of Muskegon's Director
of Inspections, substantial completion of the dwelliug described iu the said building permit. In the event ofreversion of title of the
above described premises, improvements made thereon shall become the property of Grantor. Provided, further, that Grantees
covenant that the parcel described above shall be improved with not more than one (1) single family home. This covenant shall run
with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
TI1is deed is made to correct a deed recorded at Liber 3279 Page 690, to correct the name of the grantee therein.
Dated this _l'l__+'Jay of ~ vu, c, M,Jr ,2002.
Sigoed in the presence of:
'i---~(2_p__{)_,-et::
f /o::Lt
and ~Q _ Lth,V'~
Gail A. Kundinger, Its Clerk
O:IPLANNING\WEEIMY DOCUMENTS\PROPERTYSALES\GREGLEAR\GREG LEAR-QCD.DOC
STAIB OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this / 7f6 day of J:in ,19 i;_y , 2002, STEVE
WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalf of the City.
PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole L ,' n Jo_ -'. /7o t-h° "'
175 W. Apple Avenue Notary Public, Muskegon County, Michigan
Muskegon, MI 49443-0786 My commission expires: _9~--~ol~,S""_-_0~2~--------
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
O:IPLANNING\WEEIMY DOCUMENTS\PROPERTYSALES\GREGLEAR\GREG LEAR-QCD.DOC
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _,,9,_./2""5/'-"0_,_1_
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 19, 2001
RE: 2002 Transportation Planning Program Funding
SUMMARY OF REQUEST:
To approve the City's share of the local matching funds for the Muskegon County Metropolitan
Planning Program for fiscal year 10/1 /01 to 9/30/02. The City receives grant funds through this
program for certain major streets.
FINANCIAL IMPACT:
$14,630 from the Major Street Fund.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve this request.
COMMITTEE RECOMMENDATION:
None.
JMS- 0: (2002-TRANSPLAN)
O:COMMON\DEPTMENTv\DMlN\AGNDAFRM
WEST MICHIGAN SHORELINE
REGIONAL DEVELOPMENT COMMISSION
Memorandum
Date: October 1, 2001
;{ECE
-
\V ED
""r~QN
(;IT" '
To: The Honorable Fred Nielsen
Mayor, City of Muskegon SEP 18 2001
From: Nancy Crandall, Chairperson
Transportation Policy Committee
Mayor, City of Norton Shores
Subject: Local Matching Funds
Metropolitan Transportation Planning Program for Muskegon County
The Work Program and Budget for the Fiscal Year 2002 (October 1, 2001 through
September 30, 2002) for the Metropolitan Transportation Planning Program for Muskegon
County (MPO) was approved by the Transportation Policy Committee on August 22, 2001.
A copy of the Work Program was forwarded to your representative on the Transportation
Policy Committee.
The dues for participating jurisdictions is identified in the attachment. If you have any
questions or comments regarding the Work Program and Budget, please call me or the
Regional Commission's Executive Director, Sandeep Dey.
ms
Enclosure
cc: Bryan Mazade
RECE.\\Jt.O
SEP l 4 ·z.ou1
137 MUSKEGON MALL (231) 722-7878
P.O. BOX 387 MUSKEGON, MICHIGAN 49443-0387 FAX (231) 722·9362
WWW.WMSRDC.ORG e-mail: WMSROC@WMSRDC.ORG
METROPOLITAN TRANSPORTATION PLANNING PROGRAM
for Muskegon County
LOCAL SHARE FORMULA
FISCAL YEAR 2002
SHARE
(October 1, 2001 - September 30, 2002)
MUSKEGON 14,630.00
MUSKEGON HEIGHTS 4,785.00
NORTON SHORES 7,901.00
NORTH MUSKEGON 1,422.00
ROOSEVELT PARK 1,412.00
MUSKEGON COUNTY
ROAD COMMISSION 14,850.00
TOTAL $45,000.00
Date: September 17, 2001
To: Honorable ~a~~d City Commissioners
From: Ric Scott ~f
RE: TEA 21 Grant Application
SUMMARY OF REQUEST:
To authorize staff to submit a grant application to MDOT
for TEA 21 Enhancement Funds to construct Phase I of the
Lakeshore Trail
FINANCIAL IMPACT:
$1,800,000
BUDGET ACTION REQUIRED:
None, at this time
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Recommends approval
Affirma tive Acrlon
231/}24-6703
FAX/722-12 14
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
23 I /724-6783
FAX/726-5617
Civil Service
23 I /724-6716
F AX/724-4405 West MlchJgan's ShoreHne City
Clerk
231 /724-6705
FAX/724-4178
Date: September 17 , 2001
Comm. & Neigh.
City Commissioners
~
Services To: Honorable
and
~, ~
231/724-6717
FAX/726-250 1
From: Ric Scott
Engineering
23 l /724-6707 Re : TEA 21 Grant Application
FAX/727-6904
MDOT has announced that grant applications for TEA 21
Finance
231/724-6713
monies are due October 2, 2001. I am requesting that
FA X/724-6768 you authorize staff to submit a grant application for
Fire Dept. funding Phase I of the Lakeshore Trail. Phase I runs
231/724-6792 from Heritage Landing to the Grand Trunk property.
FAX/724-6985
Income Tux
The total estimated cost of the project is approximately
231/724-6770 $1 . 8 million dollars. This is based on the design
FAX/724-6768
currently being finalized by M. C, Smith and Associates.
Info. Sys tems The city will be required to provide a 20% local match.
231/724-6744
FAX/722-4301 Th $360,000 will hopefully come from the Golf Course
Fund, but additional general fund monies may be needed .
Leisure Service
231/724-6704 If funded, the construction could not occur before 2003 .
FAX/724-1196
I would ask that you authorize staff to proceed with
M1111nger's omce
231 /724-6724
applying for the funds.
FAX/722- 1214
Thank you for your consideration.
Mayor's Office
231/724-6701
FAX/722- 1214
I nspectlon Services
231 /724-6715
FAX/726-2501
Plnnnlug/Zonlng
231/724-6702
FAX/724-6790
Police Dept.
23 I /724-6750
FAX/722-5140
Pullllc Works
231/724-4100
FAX/722-4188
T1·ensurer
231/724-6720
FAX/724-6768
Wulcr Bllllng Dept.
231/724-6718
FAX/724-6768
Waler Flllrallon
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
RESOLUTION NO. 2001-109 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION AND
SUPORT FOR A GRANT APPLICATION TO MOOT FOR ENHANCEMENT
FUNDING FOR PHASE I OF THE LAKESHORE TRAIL.
WHEREAS, the City of Muskegon wishes to continue to construct the Lakeshore
Trail; and
WHEREAS, grant applications are now being received by the Michigan
Department of Transportation for Enhancement Funding, which will
provide up to 80% funding for the project; and
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon approve the submission of the grant application to
MOOT for $1,800,000 for the Construction of Phase I of the
Lakeshore Trail.
BE IT FURTHER RESOLVED, that the City's $360,000 match will be provided,
and the City hereby commits itself to complete this project if the
grant application is approved.
Adopted this 25th day of September, 2001
AYES: 7
NAYS: ft
ABSENT: ef
2001-109(a)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
September 25, 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
DATE: September 12, 2001
TO: Honorable Mayor and City Commissioners
FROM: Robert Grabinski, Fire Marshal/Inspections
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 00-33 Address: 935
Jefferson, Muskegon, Ml.
SUMMARY OF REQUEST: This request is being brought back to the City
Commission due to an oversight where the property owner was not sent notice of
the hearing in May. This is a request that the City Commission concur with the
findings of the Housing Board of Appeals that the structure located at 935
Jefferson, Muskegon, Ml is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: 00-033 - 935 Jefferson, Muskegon, Ml
Location and ownership: This commercial building is located on Jefferson St.
between Muskegon Ave. and Webster.
Staff Corre?pondence: A dangerous building inspection was conducted on
3/22/00. A Notice and Order to Repair or remove the structure was issued on
3/28/00. Notice of hearing before the Housing Board of Appeals was sent on
5/22/00. Housing Board of Appeals Order to table the case was issued 6/1 /00.
Notice of Hearing before the Housing Board of Appeals dated 8/4/00. Order to
table for 30 days was issued 8/24/00. Notice of Hearing sent on 9/25/00 for the
10/5/00 meeting before the Housing Board of Appeals. Fax from Laura Hammer
and Huntington Bank providing proof of a loan to complete repairs. Proof that the
case was removed from the October 2000 meeting. Re-inspection conducted on
2/22/01. Notice of hearing sent 3/20/01 for the 4/5/01 meeting. Order to
demolish sent 4/5/01. Work stopped on structure when contractor noted
basement walls with severe deterioration requiring new wall construction. Rear
of structure is boarded over with plywood. Several large openings in structure.
City Commission concurred on May 22, 2001 to demolish. A letter to remove
belongings was issued 8/23/01. Bid opening on this address 9/7/01.
Owner: Hal Hermanson notified this office that home owner was not sent notice
of City Commission meeting in May 2001. Ms. Hoople has worked with staff to
obtain the time to complete repairs, however, has failed to comply with time limits
F:\Inspections\Grahinski_Lorraine\Word\CC MEETINGS\Agcnda 935 Jefferson.doc page 1 of2
set forth many times. The structure remains an eyesore and has generated
many complaints.
Financial Impact: General
Budget Action Required: None
State Equalized Value: $17,600.00
Estimated cost to repair: $35,000
Staff Recommendation: To concur with the Housing Board of Appeals.
City Commission Recommendation: The Commission will consider this item at
the meeting on September 25, 2001.
Owner Contact:
Financial Impact:
Budget action required:
State Equalized value:
Estimated cost to repair:
Staff Recommendation:
City Commission Recommendation:
F:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\Agenda 935 Jcfl'crson.doc page 2 of2
>
165 120
; "
'" "' --D
~
0
~
"
9 35 ::re.ff-f(.50>'\
C ~nstAS
For The Inspection Dept. 410329
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER Donald Hoople
PROPERTY 935 Jefferson St.
PLATE# 05054
DESCRIPTION Nly 44 1/2 ft of Ely 94 ft Lot 8 Blk 332
FROM RECORDS OF TRANSNATION TITLE COMPANY
LIBER: 1681
PAGE: 693
DATE OF DEED: March 18, 1993
GRANTOR: Bonna M. Hoople
GRANTEE: Nancy Ellen Hoople, Daniel Andrew Hoople and Douglas
Chandler Hoople and Bonna M. Hoople, with rights of
survivorship
LIENS OR MORTGAGES: None
DATE: March 10, 2000 at 8:00 AM
ABSTRACTED BY:
TRANSNATION TITL
The above infor tion is to be used for reference purposes only 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 - 410329
TRANSNATION TITLE INSURANCE COMPANY
TAX REPORT
Affecting land in Muskegon County, Michigan
described as follows:
The Northerly 44 1/2 feet of the Easterly 94 feet of Lot 8 of Block 332 of
the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3
of Plats, Page 71. Muskegon County Records.
Permanent Property No. 61-24-205-332-0008-00
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
1999 Winter taxes are paid in the amount of $905.54.
SPECIAL ASSESSMENTS
Special Assessments. invoices and infractions were not checked.
TAX SALES
State Equalized Value $17,600.00.
Taxable Value $16,694.00.
NOTE: No Homestead filed.
RyJ~
Date - March 10, 2000 at 8:00 AM
JMS/jat
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No. M867.6
(Previous No. T814)
Affirmath·e Action
2)11724-6703
F.-\X/7!2-121-1
Assessor
2)\,724-6708
FA,X/726-5181
Cemetery
2]\'724-6783
F.-\Xi726-5617
Ch·H Sen·ke
231!72-1-6716
FAX/72-1---1-105 West \llrhlgan's Shol't'llne City
Clerk
2J I 17 24-6 705
L\X 172-l---1178
Comm. & :"<elgh.
Sen·kes
231/72-1-6717
FAX/726-2501 August 23, 2001
Engineering
231/72-1-6707 Bonna Hoople
FAX/727-690-1
760 Eugene
Finance
231/72-1-6713
Muskegon, Ml 49441
FAX/72-1-6768
Fire Dept.
231/72-1-6792 Re: 935 Jefferson
FAX1724-6985
Income Tax
231/72-1-6770
Dear Property Owner:
FAX/72-1-6768
Info. Systems
Please take notice that on September 7, 2001 the above property will be bid out
231/72-1-6744 for demolition. Please have any personal belongings removed by September 10,
FAX1722-4301
2001.
Leisure Sen·ke
231/724-6704
FAX1724-1196 If you have any questions please call (231) 724-6715.
Manager's Office
231/724-6724
FAX1722-1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Sen·kes
obert Grabinski
231/72-1-6715 Fire Marshal/Inspection Services
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Pollce Dept.
231/72-1-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Trc11surcr
Bl/724-6720
FAX1724-6768
Wntcr Bllllul: D~p!.
2.ll/724-6718
FAX/724-6768
Water Flltnl!lon
231/724-4106
FAX/755-5290
City of i\luskegon, 933 Terrace Strcl't, P.O. Box 536, \lmkcgon, \II 49--l-tJ-0536
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: April 5, 2001
To: Bonna Hoople, 760 Eugene, Muskegon MI 49441
Owners Name & Address
None known at this time
Name & Address of other interested parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, April 5, 2001, does hereby order that the following structure(s)
located at 935 Jefferson , Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.
All structures located on the Northernly 44 ½ feet of the Easterly 94 feet of Lot 8, Block 332
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 fm1her to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.
F:\INSPECTIONS\EVERETT\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
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 concurred.
The City Commission may concur with this order, or disapprove or modify the order.
F:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
HOUSING BOARD OF APPEALS
MEETING MINUTES
4/01/01
Greg Borgman, John Warner, Fred Nielsen
Jerry Bever and Nick Kroes, Clint Todd e.
ABSENT
STAFF: Robert Grabinski, Don L
Cathy Everett
GUESTS:
Meeting minutes: Jo arner ma motion, seconded by Randy Mackie to
to the April meetin . The motion carried.
Case# 00 -1651 Dyson, Marshal Redder, 60 30 th St., SW Grandville Ml
. Secretary, Robert B. Grabinski, asked t Chairman to remove the
cas om the agenda due to progress being made. Ins tors will monitor the
se. The Board agreed.
Case# 00-33 - 935 Jefferson, Bonna Hoople, 760 Eugene, Muskegon Ml
49441. Ms. Hoople did attend the meeting. Mr. Grabinski informed the Board
that some pictures of the dwelling in this case are being presented by way of a
projector and are being shown on the wall of the Chambers. The pictures were
taken the morning of the meeting date. (4/5/01 ).
Staff History: Grabinski informed the board that the case was started in March of
2000. Mrs. Hoople pulled a permit in September and work did start on the ,
property. The owner did get a loan. Once the structure work was going to be
started, the contractor found the structure was in very poor condition and in need
of replacement at the point that that happened it was in conjunctive with the
electrical service that was going out of the building. There has been no work
done since then. Pictures of the dwelling where displayed by projector. Mrs.
Hoople was asked to approach the Board at the podium.
Owner explanation: Ms. Hoople was in attendance and approached the podium.
She explained to the board that she hadn't been working on the project due to
her daughter being in the hospital. Ms. Hoople was apologizing for the work. Mr.
Grabinski reminded Ms. Hoople that the contractor is responsible for his own
work and that is why a permit is pulled. However, staff would like to be clear that
her contractor quit because of the foundation structure and the cost of it.
HBA Minutes 4/01
Ms. Hoople was explaining to the board that she wanted to fix the foundation.
Mr. Borgman said that his concern was the foundation. He asked how Ms.
Hoople was going to do this. He said if your foundation is bad, you can put all
the money you want into it but it won't pass inspection. The only way to fix it is to
remove it and put a whole new foundation in. Ms. Hoople stated again that she
had a contractor to do the work. Mr. Borgman disagreed and reminded Ms.
Hoople that the contractor told staff that he would no longer work on the project
because it was a lost cause. Ms. Hoople stated that the contractor never told her
that he was not continuing work and she has paid him money. Mr. Grabinski
stated that from staff's prospective part of the problem is that you were one of
two in the neighborhood that were brought before this board and the other one
that is next door to you is complete. We have received complaints from that
owner and from other businesses in the downtown area due to what they see
when they pull up.
Staff Recommendation: Due to the condition of the foundation, staff suggests
declaring the structure a dangerous building, unsafe, a .public nuisance and
forward the case to the city commission for concurrence.
Discussion: Mr. Fred Nielsen asked Ms. Hoople if he heard her say that she had
a contractor that is interested in repairing the foundation. She said yes. Mr.
Nielsen asked if she has made appointments with him. Ms. Hoople replied that
he was supposed to call her. Grabinski reminded Board that with the board
declaring the structure a dangerous building, she still has 30 days for repairs to
be completed. If in the 30 days the repairs are not completed, the case will go
before the City Commission.
Motion: Randy Mackie, supported by John Warner, made a motion to declare
the structure at 935 Jefferson dangerous, substandard, unsafe, a public nuisance
and forward to the City Commission for Concurrence.
A Roll Call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
John Warner
Fred Nielsen
Randy Mackie
Clint Todd
Jerry Bever
Nick Kroes
The Motion Carried.
2 of8
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: March 20, 200 I
Address of the Property: 935 Jefferson, Muskegon, Michigan
Description of the Structure: Northernly 44 1/ feet of Easterly 94 feet, Lot 8 Block 332
TO: Bonna Hoople, 760 Eugene, Muskegon MI 49441
[Name & Address of Owner]
None I(nown at this time
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, April 5, 20...QL, the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 p.m, and at the said hearing consider whether or not
the following structure should be 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 finding of facts issued
by the City of Muskegon Building Inspection Department on August 24, 2000.
At the hearing on Thursday, April 5, 2001, at 5:30 p.m., at the Muskegon City Hall, 933
Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the
Housing Boai·d of Appeals and have counsel of your choice present, if you desire, to show cause
why the structure should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSING BOARD OF APPEALS
rabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVERETT\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
935 JEFFERSON
RE-INSPECTION
2122/01
Inspection noted:
I. No progress in a couple of months.
2. Interior inspection required by the City of Muskegon's Trade Inspectors.
(Plumbing, Mechanical, Electrical and Building)
3. Exterior conditions deteriorating, exposed lath, siding.
4. Foundation in need of replacement.
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.
QQ
ALTINOWSKI, BUILDING INSPECTOR
F:\lnspections\Everett\WORDISTANDARD FORMS\DB INSPECTION REPORT FORM.doc
SEP-29-2000 FRI 10:25 AM REMAX OF MUSKEGON FAX NO. 231 B3U84 I ~. Ul
FAX COVER SHEET
Re/Max of Muskegon Inc.
Laura Hammer
550 W. Norton
,rtfl!"'-
~
IWM&C
of Muskegon
Muskegon, Ml 49444 'i. 1Meperitielllly Owned and Op018lfl<l
Phone (231) 733 • 1236 ex.225
Fax (231) 733. 0941 Laura Hammer
REALTOR-
E-mail hammorl5@aol.eom
SEND TO
Laura Hammer
Date
Offlce Jocation Offlcok>calion
Re/Max of Muske on Inc.
Phonenvmt;,or
231 • 733 -1236 ex 225
• UtgMI • Floply ASAP 0 Pfeaso commen1 0 Pfoa.se ~,ew D For y0ur lnfotmatlon
Toflll f>09'(>8, inckJ(/t){/ cover.
COMMENTS
SEP-29-2000 FR I l O: 25 AM REMAX Of MUSKl:GON fAX NO, i'31133U~41 ,, Ui
New Homes
Roofing • Siding • Remodeling
BSF CONSTRUCTION
Free Estimates
Bren\ Fol\ynewicz
Licensed & Insured
Owner
TEL NO. Uct UL,UU l'.:>'LU !'.UL
llt1N1'1N(;'f0N l!ANKS • LAKf"HlN 0FtJCJ,:
4JW lAKtlnt~
Ml -1~/t-1
MllSK~O(ill. f
2:3 I·/?~, 020?
f,v:. 2.]1·7?i'..•-U~M7
October 2, 2000
Boh C3rnbinsk,
IJ<J'.l Terrace SI.
M11,kegon, Ml 4'1440
Deur Bob:
·1·1m: Jetter is rcg,1rding J\01111ic Jfotlpk. who lrns rental properly in the ( '.ity of Musl,;q!tm. ·rh1s prop(.'rly is
commcn:.iill propcr(y, :,;hl~ ha.~ n:~·:civtd nol.ir.e that ,1,onw rcp:m., arc rn~t:tssary In l11t': JWOJH:rly or sn11w
ac\11m nrny he taken. We huvc apprnv~<l a Jo;m for Ms. JJoopk to use. to 1cmotld !hl' propl'rty, I mn
wailing for thl· f'111al papi'.r work to go 1hrot1p.h ~nd we c.a11 c.lo.'-:c tht~ loan. If you hav.:· rrny funhc1
<1uc,1 inns rcµardmg lhis nwtlc·r please· feel f, cc lo call 111c: at 231- 725-0202.
Tha11k you,
/¼'l'")':1.x···/fiA. j,
I . (
I ')
/ /
( :hr1.slnplic1. I .. ( 'arlcr
-·
Banking Office Mana~cr
City of Muskegon
Housing Board of Appeals
Meeting Minutes
10/5/00
ATTENDANCE: Chairman, Greg Borgman; Vice-Chair, Fred Nielsen; Firs
Chairman, John Warner; Randy Mackie; Jerry Bever
ABSENT: Clinton Todd
EXCUSED: Reverend, William Anderson
STAFF: Robert Grabinski, Henry Faltinowski, Don Labrenz II, Cathy
Everett, and Community Officer Kevin Stier
GUESTS: Reverend, James Duncan Jr., Conrad Devries, Chris Duzan,
Lorrie Ornelas, Kimberly Nash, Larry & Brenda Davis, David
Vankammen, and Guadlupe Loera
Chairman Greg Borgman brought the meeting to order at 5:30 P.M.
Randy Mackie, supported by John Warner, made a motion to approve the
Minutes for the September 7, 2000 meeting. The motion carried.
Chairman Greg Borgman asked Robert Grabinski to explain why a few of the
cases had been removed from the agenda. Grabinski stated that the items were
pulled due to work being started on the homes. A history of each item is listed:
Item #1 on the agenda for tonight's meeting was removed for 30 days to
give time to complete repairs.
Item #3 was removed to allow 30 more days for completion of repairs.
Item #6 was put on the agenda by mistake. It was not to come back again
for 120 days from the 7/6/00 meeting.
Item# 7 was removed due to repairs being done and progress being made. -9,35 .,_
Item 1 was removed due to permits being obtained and work had been .:J -e. r K rs o /"'\
started.
The Board members thanked Robert Grabinski for the history and asked if there
were any cases that staff would like to take out of order of the agenda. Grabinski
stated that to appease the audience, Staff would like the board to hear the cases
of those in the audience first, taking them as they signed in on the attendance
sheet. The Board members agreed.
Mayor Nielsen, Vice-Chairman, walked into the room at 5:45 P.M.
', ;Jir n1.1!\1·e .-\~lion
!.1 1 ~~4-t-~UJ
F.\\.~!?-1114 MUSKEGON
..\;~e~rnr
?JI 724-6708
,_._\,\. 716-5181
Cem~tery
231.72.t-6783
FAX/726-5617
Ch·U Service
231/724-6716
FAX/724-4-105
West Mkhlgan's Shoreline acy
Clerk
231/724-6705
FAX/724-4178 CITY OF MUSKEGON
Comm. & Neigh,
Services
2311724-6717
NOTICE OF HEARING ON
F A:X/726-2501 DANGEROUS AND UNSAFE CONDITIONS
Engineering HOUSING BOARD OF APPEALS
231/724-6707
FAxn27--6904
Finance
231/724-6713
F AX/724-6768 September 25, 2000
Fire Dept.
231/724--6792
FAX/724--6985
Bonna Hoople
Income Tax 760 Eugene
231/724-6770
F AX/724-6768 Muskegon MI 49441
Info. Systems
231/724-6744 Dear Property Owner:
FAX/722-4301
Ldlure Senice SUBJECT: Dangerous Building Case #00-33 - 935 Jefferson Ave., Muskegon MI
1311724-6704
FAX/724-1196
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Manager's Office
231/724-6724
of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon
FAX/722-1214 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Mayor's Office detennining whether the structure should be demolished or otherwise made safe.
231/724-6701
FAX/722-1214
Officials from the Inspection Services Department have inspected the structure and it is
Inspection Services
231/724--6715
alleged that it has defects as listed on the attached page(s).
FAX1726-2501
Planning/Zoning The defects are violations of Section 4-23 of the Muskegon City Code, which defines
231/724--6702 dangerous buildings.
F AX/724-6790
Pollce Dept. At the hearing, the Inspection Services Department will present testimony regarding the
lJl/724--6750
FAX/722-5140 alleged defects. You are advised that you or your representative may cross examine the
Public Works
City's witnesses and you may present testimony in your own behalf and call witnesses in
231/724-4100 your own behalf. We encourage you to attend the meeting since it is always better if
FAX/722--4188
someone is available to answer any questions the Board may have.
Treasurer
2Jl/724--6720
FAX/724--ti768 Inspection Services
City of Muskegon
Waler Billing Dept.
231/7 24--6718
FAxn24--6768
Water Filtration
231/724--4106
FAXflSS-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
\ffirmatlve A.:tlon
l.11 ~!4-6:'0J
F\.\_ 722-!.?14 MUSKEGON
\>~es.or
231 724-6708
f_-\\.7!ti-5181
Cemetery
Bli'724--678J
F.-\X/726--5617
Ch'\I Senice
2Jl/724---6716
F A.X/7 24--4405
Clerk
23ln24-6705
FAX1724-4178
August 24, 2000
Comm. & Neigh.
Sen·lcu
231/724-6717 Bonna Hoople
FAX/726--2501
760 Eugene
Engineering Muskegon MI 49442
231/724--6707
FAX/727--6904
Dear Property Owner:
Finance
2J1/724--67IJ
FAX/724-6768
Subject: Dangerous Building Case #00-33-935 Jefferson, Muskegon MI.
Fire Dept,
231/724--6792
F AX/724-6985 FINDING OF FACTS & ORDER
Income Tax
231/724·6770 At the August 17, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed
FAX1724-6768 by the Board to GRANT Case #00-33 - 935 Jefferson, 30 days to complete all repairs. If
Info. Systems repairs are made and final inspections are completed within the agreed upon timetable (by
2)1/724--6744
FAX/722-4301
September 17, 2000) you will not have to come back to the Housing Board of Appeals. If
repairs are not complete and all appropriate inspections have not been scheduled, this case
Leisure Service
2)11724-6704 will be heard before the Board again on October 5, 2000.
FAX/724-1196
Manager's Office If you have any questions, please call the Inspections Department at (231) 724-6715.
2J 1/724-6724
FAX/722-1214
Sincerely,
Mayor's Office
2Ji/724-6701
FAX/722-1214
Inspection Services
1dJ=_e_ fil-
2311724-6715 Ro bert Grabinski
FAX/726--2501
Fire Marshal/Inspection Services
Planning/Zoning
2J 11724-6702
FAX1724-6790
Police Dept,
231/724-6750
FAX/722-5140
Public Works
2311724-4100
FAX/722-4188
Treasurer
231/724-6720
FA..X/724-6768
Water Billlng Dept.
2311724--6718
FAxn24--6768
Water Flltratlon
2311724-4106
FAxn55--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, i\11 49443-0536
-~1;itiH! .-\~tion
llib,".°l-67\lJ
FA:'\./':'2-1--6790
.\ssessor
MUSKEGON
b L6;7H-6708
F.--\\..'724-6768
Cemetery
616/724-678J
FA\/722-4188
Civil SerYice
616/724-6716
FAX1724-6790
West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-6768 CITY OF MUSKEGON
Comm. & Neigh.
Services NOTICE OF HEARING ON
616/724-6717
FAX1724-6790 DANGEROUS AND UNSAFE CONDITIONS
Engineering
616/724-6707
FAX/724-6790
Finance August 4, 2000
616/724-6713
FAX172-1-6768
Bonna Hoople
Fire Dept.
616/724-6792 760 Eugene
F AX/724-6985 Muskegon MI 49441
Income Tax
616/724-6770
F AX/724-6768
Dear Property Owner:
Info. Systems
616/724-6975
SUBJECT: Dangerous Building Case #: 00-33 - 935 Jefferson, Muskegon MI
·FAX/724-6768
Leisure Service
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
616/724-6704 of Muskegon will be held on Thursday, August 17, 2000 at 5:30 P.M. in the Muskegon
FAX/724-6790
City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Manager's Office determining whether the structure should be demolished or otherwise made safe.
616/724-6724
FAX1724-6790
Mayor's Office
Officials from the Inspection Services Department have inspected the structure and it is
616/724-6701 alleged that it has defects as listed on the attached page(s).
F AX/724-6790
Neigh. & Const. The defects are violations of Section 4-23 of the Muskegon City Code, which defmes
Services
616/724-6715
dangerous buildings.
F AX/724-6790
Planning/Zoning At the hearing, the Inspection Services Department will present testimony regarding the
616/724-6702 alleged defects. You are advised that you or your representative may cross examine the
FAX1124-6790
City's witnesses and you may present testimony in your own behalf and call witnesses in
Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if
6(6/724-6750
FAX/722-5140 someone is available to answer any questions the Board may have.
Public Works
616/724-4100 Inspection Services
FAX1722-4188 City of Muskegon
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAX1724-6768
Water Filtration
6I6m4-4l06
FA'S.nSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Page 5 of 14
#00-33 - 935 JEFFERSON - Bonna Hoople, 760 Eugene, Muskegon, Ml.
Grabinski reminded the Board that they tabled this case for 30 days at the June,
2000 meeting to allow time for completion of repairs and/or sale of property.
There has been no change in ownership and no progress made on repairs.
Mrs. Hoople attended the meeting with her Real-estate Agent. The agent stated
that the property is still marketed for sale at $15,000.00. An interested buyer is
on vacation out of town right now and the Agent wasn't sure when she would talk
with him again. Ms. Hoople's daughter was speaking with the Agent regarding
renovating the building and renting it out. The agent and Mrs. Hoople requested
more time to come up with a buyer.
Some discussion took place regarding the proceedings if the Board moved to
condemn it would be forwarded to the city commission in 30 days.
Mr. Mayor made a motion, supported by John Warner, to table the case for 6
weeks to give time for a buyer of the property. The case will be reviewed at the
10/5/2000 meeting.
A roll call vote was taken:
AYES: NAYS: ABSENT: EXCUSED:
Greg Borgman Clint Todd Rev., William Anderson
John Warner
Fred Neilsen
Randy Mackie
Jerry Bever
The motion Carried.
Board member Clint Todd entered the meeting at 6:00 P.M.
-12 - 1688 TERRACE ST. - Morray Vanderstelt - 1459 Terra
Mus n Ml.
Board that the c as tabled for 30 days at the
ork ule was submitted and repairs were to be
Mr. Vanderstelt nded the meeting an ted that he had all the materials in
the house. ed to have it done on 7/21/00 b d a tough time getting
financ or the materials. The house is secure an is cleaned up. He
sled 30 - 60 days to complete repairs.
F: ,Inspections' EYt~rett\Cathy\H£3A MEETINGS\minutes - 8-17-00.doc
\ffirmal\ve Acrlon
lJI 7!-t-6103
F.\.'X.'72?.1214 MUSKEGON
.\ssesrnr
BJ,7?4--6708
f ..\.\'./7?6-5181
Ctme1ery
2311724-6783
FAX1726-5617
CMI Service
2311724--6716
FAX/724-4-405 West Michigan's Shoreline Oty
Clerk
23ln24-6705
FAX/724-4178
Comm. & Neigh. MUSKEGON HOUSING BOARD OF APPEALS
Senices
2311724·6717
FAX/726-2501
Engineering
June 5, 2000
231/724•6707
FAX/727-6904
Ms. Bonna Hoople
Finance
231/724-6713
760 Eugene
FAX/724-6768 Muskegon MI 49441
Fire Dept.
231/724-6792 Dear Property Owner:
FAX/724-6985
Income Tax Subject: Dangerous Building Case #00-33- 935 Jefferson, Muskegon MI
2311724-6770
FAX/724-6768
Info, Systems
FINDING OF FACTS & ORDER
231/724-6744
FAX/722-430 I
At the June 1, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed by
Leisure Service the Board to grant Case #00-34-939 Jefferson 30 days to complete all repairs. If repairs
2311724•6704
FAX/724•1196 are made and final inspections are completed within the agreed upon timetable (by July 1,
2000) you will not have to come back to the Housing Board of Appeals. If repairs are not
:\-lanager's Office
231/72-'"6724 complete and an inspection has not been scheduled, this case will be heard before the Board
FAX/722.1214
again on August 3, 2000.
Mayor's Office
231/724-6701
FAX/722-1214
If you have any questions, please call the Inspections Department at (231) 724-6715.
Inspection Services
231/724-6715 Sincerely,
FAX/726-2501
Planning/Zoning
231/724-6702
FAX1724-6790
5aLJ:£xlu-
Robert Grabinski
Police Dept.
231/724•6750 Fire Marshal/Inspection Services
FAX/722-5140
Public Workll
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Bllllng Dept,
231/724-6718
FAX/724-6768
Water Flltntlon
2Jln24-4t06
F AXfl55-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
..\f'lrmatlve ..\.;:lion
!JI i!4-670J
F..\.X. n!.l!H MUSKEGON
Assessor
ZJ I 724-6 '08
F..\.X,716-5181
Cemetery
2Jl/72~78J
FAX:726-5617
CMI Senice
2Jl/724--67l6
FA..xn2 4--+rns West Michigan's Shoreline City
Clerk
2311724-6705
FAX1724-4178
Comm, & :'\'elgh.
CITY OF MUSKEGON
2Jlt724-6717
FAX1726-2501
NOTICE OF HEARING ON
Engineering DANGEROUS AND UNSAFE CONDITIONS
2311724-6707
FAX1727-6904
Flnance
2311724-67IJ
FAX1724-6768
DATE: May 22, 2000
Fire Dept.
231.'°724-6792
FAXi-714-6985 Nancy Ellen Hoople, Daniel Andrew Hoople
Income Tax
Douglas Chandler Hoople, Bonna M.Hoople
2)1172-1-6770 13 5 California Ave.
FAX/724-6768
Muskegon MI 49445
Info. Systems
231/724--6744
FAX,'722-001 Mr. Donald Hoople
760 Eugene
Leisure Sen·lce
231 /724-6704 Muskegon MI 49441
F..\.X/724.-1196
'.\tanager's Office SUBJECT: Dangerous Building Case# 00-33 -935 Jefferson., Muskegon, MI
2J 1,'72-1-6724
FA.X/722-1214
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
'.\tayor's Office
2)1:714-6701 of Muskegon will be held on Thursday, June 1, 2000. at the Muskegon City Hall
F..\.X:722-1214 Commission Chambers on the first floor. Said hearing will be for the purpose of
lnspetthn Services determining whether the structure should be demolished or otherwise made safe.
231172\-6715
FAX/72E,2501
Officials from the Inspection Services Department have inspected the structure and it is
Planning/Zoning
231.'72-1-6702
alleged that it has defects as listed on the attached page(s).
FAX/724-6790
Police Dept. The defects are violations of Section 4-23 of the Muskegon City Code, which defines
2J 11724-6 750 dangerous buildings.
FAX/722-5140
Public \Vorks
231/724--tl00
At the hearing, the Inspection Services Department will present testimony regarding the
FAX/722-4188 alleged defects. You are advised that you or your representative may cross examine the
Treasurer City's witnesses and you may present testimony in your own behalf and call witnesses in
231172-1-6720 your own behalf. We encourage you to attend the meeting since it is always better if
FAX/724-6768
someone is available to answer any questions the Board may have.
Water Bllllng Dept.
2311724-6718
FAXfll-1-6768 Inspection Services
Water Flhrntlon C!TY OF .MUSKEGON
231/72-1-4106
FAXflSS-5190
City of ~luskegon. 933 Terrace Street, P.O. Box 536, :\luskegon, ~II 49443-0536
I ~ll-SKEGO\ HOCSI\G BOARD OF APPEALS
~IEETI\G MI\l'TES Jl'\E I, 2000
#00-33 - 935 JEFFERSON - BON NA HOOPLE, 760 EUGENE, MUSKEGON Ml
PAGE 4 OF 7
Mrs. Bonna Hoople attended the meeting. She stated that her late husband,
Donald Hoople passed away in Jan of 1992 and left the property to her. This is
commercial property. She has been trying to sell it with no luck. She had been
through three different real-estate agencies that did absolutely nothing and now has
a new agent with the hopes of selling it soon. The real-estate agent. Laura Hammer
with Remax of Muskegon attended the meeting with Mrs. Hoople. Laura stated that
Mrs. Hoople would like an extension of 30 days so they could find out what is
happening with the other commercial properties on the block. The property is
currently actively for sale.
Bob Grabinski recommended that the board extend for 30 days because Laura and
Mrs. Hoople have been cooperative and have been working with the inspections
department.
John Warner, supported by Randy Mackie, made a motion to extend 30 days and
review the case on 8/6/00. A roll call vote was taken.
AYES: NAYES: ABSENT: EXCUSED:
Greg Borgman Clinton Todd Fred Nielsen
John Warner William Anderson
Jerry Bever
Randy Mackie
The motion Carried.
""'"'""'1 - 477 E APPLE - Phyllis Bartee, present address unknown
Robert A Tremain & Associates, Birmin
No one attende he meeting to represent this case. Mr. Gr · ski informed the
board that this ho as located 2 houses away from 5 Apple and is one of
three dangerous build1 · in a row on this street. stated that it was the staffs
recommendation to decla his building subst ard, unsafe, a public nuisance and
to forward to the city commis · n for cone
Randy Mackie, Supported by Joh
recommendation and forward
was taken.
AYES: ABSENT:
Greg Borgma Clinton Todd
John Warn
Randy ckie
Jer
J
\·Gis_nt data' 1:--.:SPECTIO:--.:S 8.-\U:.IA X·Cathy'.HB.-\ \ IE ETl\'GS·\-ll'iUTES 6-1-00.doc
:\flirnathe .-\,tion
616/"'24-6 .. 0J
F.-\\.1724-6790
.-\$sessor
MUSKEGON
616,~24-6708
F .\\1724-6768
Cemelery
616n.?-t-678J
F.-\\1722-4188
Civil Service
616n24--6716
FAXn24-6790 West Michigan's Sborellne Qty
Clerk
April 24, 2000
616/724-6705
F:\\/724-6768
Comm. & Neigh.
Services Nancy Ellen Hoople, Daniel Andrew Hoople
6\6/724-6717 Douglas Chandler Hoople, Bonna M. Hoople
FAX1724-6790
13 5 California Ave.
Engineering
616/724-6707
Muskegon MI 49445
FAX1724-6790
Finance RE: 935 Jefferson St., Muskegon Ml
616/724-6713 Northernly 44 ½ Feet of Easterly 94 Feet Lot 8 Block 332
FAX/724-6768
Fire Depl. To Whom It May Concern:
616/724-6792
FAX1724-6985
Income Tax
It has been brought to our attention that the above property may be of interest to
616/724-6770 you. This is to inform you that the structures located at the above property has
F AX/724-6768
been put on our Dangerous Building list. Please see the enclosed Notice and
Info. Systems Order that was sent out on 3/28/00. Also enclosed is the inspection report with
616/724-6975
FAX/724-6768 the code violations that are dated 3/22/00.
Leisure Service
~ 616/724-6704 This property will be going before the Housing Board of Appeals June 1, 2000.
FAX/724--6790 The board will determine if this property should be declared substandard, unsafe,
Manager's Office a public nuisance and forward the case to the City of Muskegon Commission
616/724-6724
FAX/724-6790
Committee for concurrence with the decision to demolish the structures.
Mayor's Office
616/724--6701 Please feel free to call (231) 724-6715 with any questions or concerns.
FAX/724-6790
Neigh. & Const.
Services
616/724-6715
FAX/724-6790
Si[i;Il!JL.
Planning/Zoning
~bert B Grabinski
616/724--6702 Fire Marshal/Inspection Services
FAX1724-6790
Police Dept.
616/724-6750
FAX/722-5140
PublicW01ks
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX1724-6768
Water Dept.
616/724-6718
FAX/724-6768
Water Filtration
6\6/724-4106
F.-\\/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
\.ffirmitiH Action
b 16, 72 ..... 6703
F.1,,X.l".'2,._6":90
A.i.5CS.SOr
6l6i1U--6708
FA..'{/'72,._6768
Cemetery
616n2,._6783
FA...'{/'722-4138
Civil Service
616n2+6116
FAXnl,._6790 West Mkblgan's Sborellne Clty
Clerk
616nU-6705
FAxnl-4--6768
DANGEROUS BUILDING INSPECTIONS REPORT
Comm. & Neigh.
Services
616n2+6111
935 Jefferson
FAxn2+6790 3/22/00
Eniineering
6t6n24-6707 Inspection noted:
FAXfl24-6790
Finance
616n24--67l3
1. Foundation wall deteriorating in need of repair (structural)_
~:<n24--6768 2. Rotting sill plate rin joist structural repair needed.
Fire Dept.
3. Missing, rotting siding.
616/724.. 6792 4. Roof system on home in need of repair.
FA.\/72,._6985
5. Front and back porches rotting_ Close to state of collapse.
Income Tax 6. Broken out windows.
616/724--6770
F A.'<nl-4--6768
Info. Systems
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
616n:U..6975 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
F.-\X/7U..6768
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
Leisure Ser.ice MUSKEGON CITY CODE.
6t6n2+6704
FA.'<n24 .. 6790
:"olanager's Office
6!6/724-6724
F.-\XnH-6790
fate/
~layor's Office
6!6/724-6701 CONCURRED IN: (__ :,,,_,,,v,, -~/-{'
FA\/'.'24--6190
/,;Jerr,,;Jclntyre, Buildi Date
Keigh. & Consf.
6\6/124-6715
fA\1724 .. 6790
Planning/Zoning
6 J6/72-4--6702
FAX1724-6790
Police Dept.
616n24-6750
FAX1722-5140
Public Works
6!6nU-4lOO
FAXfl22-4188
Treasurer
6!6nU-6720
FA:<nH-6768
Water Dept.
6!6n2+-6718
FA\nl-4--6763
\\ Jlrr Fillration
616(:0!4.H06
F \.'\, "'.'SS-5!90 City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
CITY OF MUSKEGON, MICHIGAN
NEIGHBORHOOD AND CONSTRUCTION SERVICES DEPARTMENT
HOUSING BOARD OF APPEALS
CLAIM OF APPEAL
I. Address of property under appeal:
2. Name of person making appeal:
3. Relationship to owner:
(If Not Owner)
4. Address of person making appeal:
5. Telephone (daytime):
6. How long has the property been owned by the current owner?
7. Is the property owner-occupied or rental:
8. Reason for appeal (check appropriate line):
_ _ A City standard causes more hardship for me than others.
_ _ The City's order was an incorrect interpretation of the standard.
I have an alternative way to meet the minimum standard.
~ I need more time to comply with the City's order.
9. Date of the inspection I am appealing:
10. Date of the repair notice I am appealing:
I I ,
11. Violation numbers being appealed (from repair notice): _ _s:a.-f1='='==-------------
13. I have already corrected the following violations listed on the repair order (indicate violation number):
14. My solution to the problem which lam appealing would be:
-, '1.L., r ~
~ .,l)H_j'_ < ? A v ~ . 2.t --tll-4-01-<
I
)
Date:
Mail or submit this fonn to: Neighborhood and Construction Services Department
City Hall
933 Terrace Street - P.O. Box 536
Muskegon, MI 49443
DO NOT WRITE BELOW TIIlS LINE - FOR CITY USE ONLY
Date received: Appeal number: _ _ _ _ _ Inspector: _,£'--==W=----
Scheduled hearing date: _ _ _ _ __ Approved Denied Approved w/conditions
Further action required: Nb 9 , 0 ~~
~~~ ~ ~A;JA!U¼J-'1 ~
Action completed: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6!6172•H703
\ssessor
616i724•6708
Cemelery
6161724·6783
Civil Service
W~t Mldllgan's Sborellne Oty
6161724•67 I6
Clert
6161724•6705
November 10, 1997
C. N. Services
6161724-6717
Ms. Bonna M. Hoople
760 Eugene Avenue
Engineering
. 6161724·6707
Muskegon, MI 49441
Dear Ms. Hoople:
Finance
6161724-6713
SUBJECT: 935 Jefferson
Muskegon, Michigan
Fire Depl.
6 ! 61724-6792
This is in regard to the claim of appeal which you filed
with the Housing Board of Appeals on October 27, 1997.
Income iax
6161724-6770
Based upon the circumstances stated in your appeal, we are
willing to grant your request for additional time to correct
1nsor1·\1ons the code violations existing on your pr~per~y. According:y,
')lbiT.!4-li/15
we will postpone our next inspection until May 1, 1998 or
shortly thereafter.
Leisure Service
6161724-6704
Since this approval appears to address the nature of your
appeal, we do not plan on presenting it to the Housing Board
\fanager's Office
6161724-6724
of Appeals unless you contact us and specifically request
it.
~tayor's Office Sincerely yours,
6161724•6701
Planning.JZoning
6161724·6702
Daniel Schmelzinger
Director, Neighborhood
Pollce Dept.
6161724-6750
Publlc Works
6161726•4786
Treasurer
6161724-6720
Water Dept.
6161724-6718
City of Muskegon, 933 Terrace Street. P.O. Box 536, '.vluskegon. Michigan 49443-0536
Commission Meeting Date: September 25, 2001
Date: September 18, 2001
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cec
RE: To Set a Public Hearing Date for Amendment to
Downtown Development Plan and Tax Increment
Financing Plan- Muskegon Mall
SUMMARY OF REQUEST: To approve the attached resolution calling
a public hearing to amend the Downtown Development Plan (DOA) and
Tax Increment Financing (TIFA) Plan. The amendment will remove
certain properties from the ODA and TIFA Plans (the Mall). The public
hearing will be held November 13, 2001.
FINANCIAL IMPACT: The Mall is presently on appeal in the Tax
Tribunal. If the taxation value of the Mall property is reduced, the Mall
has the potential to be a detriment to the DDA's tax capture ability on
other properties. By taking the property out of the Plans, this detriment
will be substantially modified.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The DOA voted to amend the
Plans and request the City Commission to hold the hearing and approve
the amendment at their September 18, 2001 meeting.
City of Muskegon
County of Muskegon, Michigan
2001 - 109(c)
RESOLUTION CALLING PUBLIC HEARING
REGARDING AMENDMENT TO DOWNTOWN DEVELOPMENT PLAN
AND TAX INCREMENT FINANCING PLAN OF THE
MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY
Recitals
WHEREAS, the City of Muskegon (the "City") is authorized by the provisions of Act
197, Public Acts of Michigan, 1975, as amended ("Act 197"), to create a downtown development
authority and to designate its boundaries; and,
WHEREAS, pursuant to Act 197, the City Commission of the City duly established the
Muskegon Downtown Development Authority (the "Authority") which exercises its powers
within the Downtown District designated by the City Commission (the "District"); and,
WHEREAS, the City Commission approved the Authority's Downtown Development
Plan and Tax Increment Finance Plan (the "Plan"), for the Development Area described in the
Plan 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 a further amendment to the Plan
on August 28, 2001, pursuant to Ordinance No. 2b{O ; and,
WHEREAS, the Authority approved a resolution amending the development plan (the
"Plan Amendment") for the purpose of removing several parcels from the development area to
further encourage economic growth and to correct and prevent deterioration in the business
portions of the District; and,
WHEREAS, it is necessary to conduct a public hearing in connection with the
consideration of such Plan Amendment as required by Act 197.
G:ledsi\Files\00100\1751 \RESOLU1'9Q7764 .DOC
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission determines that it is necessary for the best interests of the
public to amend the development plan of the Authority pursuant to Act 197 in order to correct
and prevent deterioration of property value in the business district in the City and to promote
economic growth. The City Commission hereby declares its intention to adopt the Plan
Amendment.
2. There shall be a public hearing on Tuesday, the 13th day of November, 2001, at
5:30 o'clock, p.m., prevailing Eastern Time, in the Muskegon City Hall to consider adoption by
the City Commission of an ordinance amending the Authority boundaries.
3. The City Clerk shall cause notice of said public hearing to be published in the
Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public
hearing, the first of which shall not be less than 20 days before the date set for the hearing. The
notice shall be published as a display advertisement, prominent in size. The Clerk shall cause the
notice to be mailed by first class mail not less than 20 days prior to the hearing to all property
taxpayers of record in the District, as shown by the most recent tax roll of the City. Further, the
Clerk, shall cause the notice to be mailed to the governing body of each taxing jurisdiction
levying taxes subject to capture by the Authority, and shall cause the notice to be posted in 20
prominent places in the proposed amended district not less than 20 days prior to the date of
hearing.
4. The notice of the hearing shall be in substantially the following form:
G:\edsi\Files\001 00\17 51 \RESO LUn9Q 77 84. DOC
2
NOTICE OF PUBLIC HEARING
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
AN AMENDMENT TO THE DOWNTOWN DEVELOPMENT PLAN
AND TAX INCREMENT FINANCING PLAN OF
THE MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Michigan,
will hold a public hearing on Tuesday, the 13th day ofNovember, 2001, at 5:30 o'clock, p.m.,
prevailing Eastern Time in the City Commission Chambers, 933 Terrace Street, Muskegon,
Michigan, to consider the adoption of an ordinance amending the development plan of the
Downtown Development Plan and Tax Increment Finance Plan of the Muskegon Downtown
Development Authority pursuant to Act 197 of the Public Acts of Michigan of 1975.
The boundaries of the development area to which the Plan applies are as follows:
All of those properties lying SE!y of Muskegon Lake and NWly of the following
Streets in the City of Muskegon: Beg at Muskegon Lake and extension of
Southern Avenue SEly to Lakeshore Drive NEly to Michigan Avenue, Ely a
distance of three blocks to Hudson Street, Sly one block to Washington Avenue,
Ely on Washington three blocks to Beidler St., Nly to Webster Avenue, NEly
along Webster to Ninth Street, SEly on Ninth to Muskegon Avenue, NEly on
Muskegon A venue a distance of four blocks to Fifth Street, SEly on Fifth to
Houston Avenue, NEly on Houston to Fourth Street, SEly on Fourth to Strong
Avenue, NEly on Strong one block to Jefferson Street, Nly on Jefferson to
Houston Avenue, Ely on Houston to Peck Street, Nly on Peck to Apple Avenue,
Ely on Apple to Fork Street, Nly on Fork to Myrtle, NEly to Emerald Avenue,
NWly on Emerald to Eastern Avenue, Wly on Eastern to EB Seaway Drive, NEly
on EB Seaway to Bayou, NWly on Bayou to WB Seaway Drive, NEly to S
branch of Muskegon River, NWly to Ottawa Street, SWly on Ottawa to River
Street, Wly to Muskegon Lake EXCEPT the property commonly known as the
former Teledyne Continental Motors site.
The proposed ordinance to amend the Downtown Development Plan and the Tax
Increment Financing Plan of the Muskegon Downtown Development Authority (the "Plan") will
remove from the Plan the property generally described as follows:
Muskegon Mall Property located within the area bounded by Terrace
Street, Clay Street, Third Street and Morris Street, City of Muskegon.
Lands located in the Revised Plat (of 1903 of the City of Muskegon) described as
follows:
G:\EDS I\FIL ES\001 00\17 51 \RESO LUT\9O77 84. DOC
3
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 310;
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;
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 and 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;
G :\edsi\Files\001 00\17 51 \R ESQ LUT\9 077 84. DOC
4
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 No1therly alley of
said Block 311, and South of a line described as: commencing 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 of less, 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 part of Second Street lying Southerly of the Southerly line of
the alley in Block 565, if extended Easterly to the Northwest comer 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.
Copies of the proposed amendments to the to the Development and Tax Increment
Finance Plan, maps, etc., are on file at the office of the City Clerk for inspection.
At the public hearing, all citizens, taxpayers, and prope1ty owners of the City of
Muskegon desiring to address the City Commission shall be afforded an opportunity to be heard
in regard to the approval of the amendments to the Development and Tax Increment Finance
Plan for the Muskegon Downtown Development Authority.
FURTHER INFORMATION may be obtained from the City Clerk at (231) 724-6705.
This notice is given by order of the City Commission of the City of Muskegon, Michigan.
CITY OF MUSKEG?1
By Uw,Q ~r-i
Gail A. Kundinger
City Clerk
G:ledsi\Files\00100\17 51 \RESOLUTI9Q7784.DOC
5
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
THE CITY OF MUSKEGON DOWNTOWN DEVELOPMENT AUTHORITY
RESOLUTION NO.
A resolution amending the Downtown Development Plan and Tax Increment Financing
Plan of the Muskegon Downtown Development Authority.
The Downtown Development Authority of the City of Muskegon hereby RESOLVES:
Recitals
I. It appears to the Downtown Development Authority that the continued inclusion of the
Muskegon Mall Property described below in the Downtown Development and Tax
Increment Financing Plans, given its present use and status, represents risk to the City
and to the DDA in the form ofreduced taxes and tax increment revenues.
2. Because of the present refunding of the Downtown Development Authority bonds which
has recently occurred, removal of the property from the said plans will not adversely
affect bonding obligations of the Authority or the City.
3. The factual circumstances and objectives set forth in Sections 14 and 17(2) of Act 197 of
the Public Acts of 1975 (the Downtown Development Authority Act) will continue to be
viable and be better accomplished by the plans after removal of the said property.
WHEREFORE, THE DOWNTOWN DEVELOPMENT AUTHORITY HEREBY RESOLVES:
I. That the Downtown Development Plan and Tax Increment Financing Plans (collectively,
the "Plan") for the development area described in the Plan as presently amended should
be and are further amended to exclude the following described property from the Plan:
The legal description of the Mall property to be
affected by this Resolution is attached as Exhibit A.
The property intended is all that property owned by Muskegon Properties Co. Inc. or its
affiliates within the area bounded by Terrace, Clay, Third and Morris Streets.
2. The Downtown Development Authority hereby requests the City Commission of the City
of Muskegon to take the appropriate action and follow the appropriate procedures under
the Downtown Development Authority Act, Act 197 of the Public Acts of 1975, to
exclude the above property from the Downtown Development and Tax Increment
Financing Plans previously adopted by Ordinance No. 969 on July 12, 1988, and
G:\E OSI\FILES\001 00\17 51 \RES OL UT\90 4966. DOC
amended by Ordinance No. 982 on March 31, 1989, and Ordinance No. 2050 on August
28, 2001.
3. The Secretary of the Authority is directed to deliver this Resolution forthwith to the City
Clerk for consideration by the City Commission of the City of Muskegon.
This resolution passed.
Ay~ R. Taylor, P. Ray J r , K Cjerp1al, E. Fethke, W. Stone. M. Balzic,
B. Bifoss
Nays K. Jackson, D. Medendorp
CITY OF MUSKEGON DOWNTOWN
DEVEL PMENT AUTHORITY
B y ~ ~~ ~~
a~ ~r_,a;
Dave Medendorp
Secretary
CERTIFICATE
The above is a true copy of a resolution adopted by the City of Muskegon Downtown
Development Authority and signed by the Chairman and Secretary of the Authority, at a meeting
held September 1 8 , 2001. The meeting was noticed and held in accordance with the Open
meetings Act of the State of Michigan.
DEq:sMENT AUdY]D)
CITY OF MUSKEGON DOWNTOWN
By r.._, .,/ /],
Dave Medendorp
Secretary
G:IEDSIIFILES\00100\175 1IRESO LUn9O4966.DOC
EXHIBIT A
Legal Description
Muskegon Mall Property located within the area bounded by Terrace Street, Clay
Street, Third Street and Morris Street, City of Muskegon.
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 310;
Also the entire Block 311 except the East/West alley in said Block 311;
Also the entire Block 3 12, 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 Southeasterlyofthe 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;
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 and South of Morris
Avenue;
G:\edsi\Fi!es\00100\1751 \MISC\904954. DOC
Also including vacated Market Street Westerly of Terrace Street (relocated) and Easterly
of a line described as beginning at the Southeast comer 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, and South of a line described as: commencing 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.l 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 part of Second Street lying Southerly of the Southerly line of the alley
in Block 565, if extended Easterly to the Northwest comer 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.
G:\edsi\Files\00100\ 17 51\MISC\904954 .DOC
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 9/25/01
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 19, 2001
RE: Housing Commission Appointment
SUMMARY OF REQUEST:
To approve and concur with the City Manager's recommendation to appoint Mary Jo Mccann to
the vacant position on the Muskegon Housing Commission. This vacancy was created by the
resignation of Richard Rienstra.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the appointment of Mary Jo McCann to the Muskegon Housing Commission.
COMMITTEE RECOMMENDATION:
None.
0:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS · 0: (HOUSING COM APl)
09/19/01 15: 19 FAX 6167770475 MCC FA OFFICE '4J 02
Sep-19-01 02=16P City Manager's Office .?31-722-1214 P.02
NAME:._-'MA=R~Y.....::,J::_0_.M!);c~C:!!:AN!!:N::...__ _ _ _ _ _~_ _ OATI::_...,;_9...
/ ...
19..;./..;.0.;..l_ _ _ _ _ __
HOME ADDRESS: 46 I W. Webster Ave Muskegon Ml 49440
(Stmat. City, Sl!ffll, ZJp)
HOMEPHONE#:.___7~2~2_-~18~2~1_ _ _ _ _ _ _ WORKPHONe~._ _7_7_7-_0_3_1_6_ _ _ __
OCCUPATION: College Administrator, Director of Financial Aid
(ij rellred, 1)\1,e foonet OOOUpalion)
EDUCATION: B.A., College of Steubenville, Ohio
PERSONAl&COMMUNITY ACTIVITIES: President, Nelson Neighborhood Improvement Association,;
F" .e Committee Girl Scouts· ucanon omm1 o F d ion or Msk Cty
INTERl:STINSERVING: I am interested in using my know~edge and skills to help improve the
cgmtnunicy, 1
PERSONAL REFERENCES: (Plee1111 list the name end phone numbers Of ti!~ persoaal ,,,,,,l8fll:es)
,. Dr, Frank Marczak, President, Muskegon CC : 777-031 I
(Name) ---'---,,(P'"11o_n_e""'N.,.umbel)--,---,-------
2. Patricia Johnson, Retired, Community Foundation 744-1409
(Name) ----,<"'P'"11o_n,..~""'N'"um=11er=)------
3. Pastor Chris Anderson, Samuel Lutheran Church _ _ _~7~2~2~-~7~3~0~8_ _ _ _ _ __
(1\11111\9} (Phone Number)
PLEASE INDICATE BOAROSICOt.lMISSIONSICOMMtTTEES INTERESTEO IN SERVING ON - MARKING #I AS
YOUR FIRST PRfFl:Rt:NCE:
( )eoare1 of can,.....,.. (/) Houmu Commlualcin
( J Soard or R""1- () Housing SfDCI< R - Committee
I l Cemote,yCommlllee ( ) lfllBIIII Ccmmll!ee
( ) Citizen's Polle& Ravlewl!OOIII ( ) Ina.me Tal< Boa!tl of R -
( l City Ernpioyaes Pension Board ( ) Lane! ~ C0mmlltee
( ) Civil Seivica Commiaalon ( l t.e;aure SONices Board
( ) CDBG·Cilixen's OI~ Council ( ) Loa~ Fund Advisory Com111ll!Ale
( ) 01611ic1 Ublary Board ( ) Lnc8I Dewlop, Finance Aulhorilv
< >oowmo.m o,,vetapmerit Authority/Brnwnfleld Board ( ) Local Offlal(& COl'l'll)ensation Com.
( ) Bllctlon COfllll'lill&jcn ( ) Mechanlc;el Board o f ~
( ) flecttic:81 BoaM cf Appeals ( ) Pfannmo CommiBslorl
( ) Enterp~ee CommunHy Ci!ll'an Council ( ) Pl11111bif!g Beard of Appeals
( ) Equal Oppollunlty Committee ( l ~rer!18n'G Pension EIMrd
l ) Hi&tonc Ois,nc;t commm10n [ ) Tax lnc:teme/11 Finance Authortty
( ) Hospl!al FiMnall Authority ( ) Zon!nQ
()OIiier _ Boan:l
__ of Appeal•
_ _ _ _ _ _ __
( ) Hou$ing/8uilding Code Boen! Of Appeals
• Allac/1 Addi1ional Sh$eta 06 RNU- if Dellinld.
Betum lhis loon to: City Chm<'e Offio&, 933 Termce St, P. 0. Box 536, Muolcegon, Ml 49443-0536
- V -
SEP-20-2001 01:12 PM JUDITH M. PRfiTT 231 773 6118 P.03
September 20, 2001
To the Muskegon City Commissioners:
The members of the Lemonade Stand would like to host a "t.as vagaa
Night" party at the ooo Drop Inn on Friclay, November 2nd. Before
we can obtain a licenae from the state to do this, we need a
"Reaolution for Charitable Qaming Licenses" from our "looal gov~
erning body",
we have operated from our Jefferson Street location, as a non-
profit agency, for the past 2! years. we contract with Community
Mental Health for $6 1 500 per year, aproximately half of our annual
income. The rest comes from donationa, fund-raisers and yard aales.
Both fund-raisers and yard sales are held away from the Jeffereon
Street address, If we can obtain the licensing for the Laa Vega •
Ni9ht, the proceeds. will pay winter-time utility bills,
We thank you tor your time in dealing with this matt.er. You arill ..
most welcome to join us for an evening of fun on November 2nd!
Sincerel,y~_
~ ! t t , Pree,
Lemonade Stand of Muskegon
SEP-20-2001 01:11 PM JUDITH M. PRATT 231 773 6118 P.01
FAX COVER SHEET
To: Linda Potter, City Clerk
From, Judie Pratt
231-773-6118
Date: September 20, 2001
Re: Resolution for Charitable Gaming License
for Lemonade stand of Muskegon
Pages; B, including cover sheet
SEP-20-2001 01:13 PM JUDITH M. PRATT 231 773 6118 P.04
.~872•C . Conunt. ·Fl~ln& Period of Umltatlon Upon 0MB No, 1Ml-006'
Al••••ment of Tix Under hctlon 4940 of the
(AW, April 111911) · ·lnterr,al Revenue Cod• Tobou""'wllll
,.,.. IOU. W,mn
In dup(lMlt,
. (ht lnllMllonti on -rH lldt,
Under oectlon 8901(0)(4) of the lnt• rn • I R1v1111ue Cod •, and II pert at a requeat flied with Form 1023 1h1t 1he
organ lzatlon named below be treated ae a publlclY supported oiganlzls.tlon under section 170(b)(1 )(A)(vll or aaotlon
~09(a)(21 during an advance rullng period,
.. Le.niona.da. Sta.n.d •.0-f ••HukBQ.Qn, •..• ~ .......................... ,, ••••.•. •........ ,...
iE«oot fllfl(I"""" . , . , . , _ .. .....,,,, .,,.,,111ng """"""'° c1,tr1c1 Directer of
Internal Revenue, or
33~8 Murl Ave, Muskegon, MI 49442-6408 and the A1tl1tant
........... -........ -..... ~; ~;;~ ;-t~;-,ii,i-;dziP'0-;•u ........... nn. •~--.... . Commissioner
{Employee Plan, and
l!xampt Orgenlratlona)
Consent and agree that the period far aaseHlng tax Qmpoaad under uctlon 4940 o1 the Code) for any of the 5
tax years In the advance ruling pertcd will extend 8 yeara, 4 month•, and 15 daya beyOnd the end of the first tax
yeet ·
However, If a notice of deficiency In tax for any of these yeara 11 sent to the organization before the period
eKplres, the time 1or making an assessment will be 1urther extended by the number o1 days th• aasessment Is
prohibited, plus BO daye, .
Encllng elate of flrst tu Y"lr .... ,.Ma.¥ ...lL.19~\l................ .
/M0/1111, HY, irKI IWl
Name of 01g111tzatlon (u 111town In orgrmlZlng document) Date
Lemonade Stand of Muskegon August 12, 1998
(Judith M, Pratt) TIiie • PreSiden~
For IRS UII only
Olstnet 0lreetor or Aa•istant Commlaeioner (Employee Plans and Exempt Organizations)
C. A ley Bullard Dietrioc »1reotor
Cit, No. 1ftto50
SEP-20-2001 01 :13 PM .JUDITH M. PRATT
231 773 6118 P.05
INTERNAL REVENtra SERVICE DEPAA'l'MENT OF Tl!!! TRllASUI\\'
DISTRICT DIR.ECTOR
P, 0, SOX 2508
CINCINNATI, OH 45201
Employer Iden~ificaeion Nunwer:
38•341S!l1
AUG 27 1998 DLN:
17053230009048
LEMON1'DE STI\ND OF MUSKl!GON Cont;,.ct Per111on,
C/0 JUDITl{ M PRATT o . .A, DOWNING
Ja58 MURL AVE Contact Telephone Numloer,
MUSKEGON, MI 49442-6408 (513) ~4l4a!I- (,t7?) -g~q-ssoo
Accounting Period En<fing:
May 31
Foundation Status C1assitioation,
509 (a) (l.)
Advance Ruling Period ~egins,
June 2, 1998
Advance Ruling Period Ends:
May 31, 2003
Addendum Applie• ,
No
Dear Applicant,
Based on information you supplied, and assuming your cperationm will Pe as
stated in your applioatiori for recognition of exemption, we have det.e:rmine:d you
are exempt from fede~al income tax und~r section 50l(a) of Che Internal Revenue
Code as an organi~ation described in oeotion SOl(c) (l).
Because you are• newly cr@ated organization, we are not now making a
finai determination of your fo1.!Ildation status under section 509(a) ot the Code.
However, w~ have dacerrnined that yo~ can reasonably expect to be a puPliely
supporte.d organization describ,.d in sections 509(a) (l) an<! 170(b) (1) (A) ('Ii),
Aeeordingly, d~~ing an advance ruli~g period you will be treated ae a
publlcly su~ported organization, and not as a private foundation, ~his advance
ruling period begine and ends on the datee sho!JJI'J. above.
Within ~o days after the end of your advance ruling period, you must
send us the information needed to determine whether you have met the require-
ments of the applicable support test dUlCing the advance ruling period, If you
establieh that you have been a publicly supporte~ organization, we will classi~
fy ypu as a sect:!.on 509 (a) (U or 509 (a) (2) organization as long as you continue
to meet the requtrements of the a.pplieable .!i-Upport cest. If you do not meet
the public support requirement~ during the advance ruling period, we will
cla~sify you as a private foundation for fucure periods. Also, if we classify
you a$ a pri'laCe folind•tion, we will treat you as a private foundation frorn
your beginning date fo< purposes of s8ction 507(d) and 4940.
Grantor5 and contributors m~y rely on our determination thae you are not a
private foundaeion uncil 90 days after th& end of your advance ruling period,
If you send us the required intormation within the 90 days, grantora and
contributors may con~inue to rely on the adv~nce determination until we make
a final determination of your foundation statue.
If we publish a notice in the Internal Revenue Su1l~tin atating that we
~etter 1045 (PO/CG)
SEP-20-2001 01:14 PM JUDITH M. PRATT 201 773 6118 P.06
-2-
LEMONAllll STAND OF MUSKltGON
will n0 l0nger treat you as a publioly supported crganiJation, grantore and
contributors may not rely on thia datarmination atter tha date we publish the
notice. In addition, if you lose your statua a • a publicly supported organi-
iation, and a granter or contributor waa •••ponsible for, or wa • aware of, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on thi8 determination from the date of the act or failure to act.
Also, if a ~raneor or contribu~o~ lear~ed that we had given Dotiae that you
would be removed from classification as a publicly supported orga~ization, than
that person may not rely on this determination as of the date he or she
acquired such knowledge.
If you ohange your sources of support 1 your purpoaes, oharactar, or method
of operation, ploa•e let us know ao we oan consider the effe • t of the change on
your exempt status and foundation status. If you amend your organizational
document or bylaws, please send u• a copy or the amended document or bylaws.
~lso, let us know all change~ in your ~ame or address.
As of January l, 1584, you are liabla for social eecurity caxes under
the Federal lnsuranna Contributions Act on amounts of $100 or more you pay to
each of your employees during a calendar year. You are not liable for the taK
imposed under the Federal 1Jnemployment Tax Act (Fl.lTA).
Organi,ations that are not private foundations ar& not subject to the pri•
vate foundation excise taxes under Chapter 42 of the Internal Revenue Code.
However, you are not automatically exempt from othe~ fAderal axaise taxea. If
you have any que•tions about excise, employment, or other federal taxes, please
J.et us know.
Donors may deduct contributions to you a• provided in section 170 of the
Internal R4venue Code- BequestB, l~g&cie~ 1 devises, tran•£ers, or gifts to you
or for yo~r use are deducti~le for Federal estate and gift tax purposes if they
meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
Donor~ may deduct contribution~ to you only to the extant that their
contributions •re gifts, with no consideration rec~ived. Ti~ket purchases and
similar payments in conjunction with fundraieing events may not nece•sarily
qualify as deductible contributions, depending on Che circumstances. Revenue
Ruling 67-246, published in Curnula~ive Bulletin 1967-2, on page 104, give•
guidelines regarding when taxpayers may «educt payments for admission eo. or
other participation in, tuna.raising activities £0r charity.
You are not required to file Form 990, Return of Organi22Gion Exempt From
Ineome Tax, if your gross receipts @ach year are normally $2§,000 or less, If
you receive a fo.m 990 pac~age in Che mail, aimply attach the label provided,
check the box in the heading to indicate that your nnnual gro~s raceipts are
normally $25,000 or less, and lign the r$turn. Because you will be t.eated as
a publie charity for return filing purpos~s during your ontire advance ruling
period, you should file Form ~iO for each year in your advance ruling period
that you e~ceed the $25,000 filing thre~hold even if y0ur sources of support
do not satisfy the public suppo~t test specified in the heading of this letter.
Letter 104S (DO/CG)
SEP-20-2001 01:15 PM JUDITH M. PRATT 231 773 6118 P.07
LEMONADE STAND OF MUSKEGON
It a return is required, it must be filed by the 15th day of the fifth
month after the and of your annual accounting period. A penalty of $20 a day
is charged when a return is filed late, unleos there ia reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $10,000 or
5 parcBnt of your gross receipts for the year, whichever ia le~s. FO~
organizations with gross reoeipts exceeding $1,000,000 in any year, the ~en~lty
ia $100 per day per return, unless there is reasonable oauee for the delay.
Th~ maximum penalty tor an organization with gross receipta exceeding
$1,000,000 shall not exceed $50,000. Thi8 penalty m.o.y al•o be eharg•d if a
return is not eomplete. so, please be sure your return i~ complete befo~e you
rile it.
You are not ~equired to fil~ federal income tax returns unless you are
subject to the tax on unrelated business income und~r se~tion 511 ef the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Organi~ation Busine•• Income Tax ~eturn. In thie letter we are
not determining whether any of your present or proposed activities are unre·
lated trade or business as defined in section 513 of the Code.
You are ~equired to make your annual return availabl@ tor puhlio
inspection tor three years after the retu~n is due. Yo~ are al~o required to
make available a copy of your •xmm~tion applie3~ion, any supporting documents,
and thia exemption ).etter. Failure to make these dooument• available for
public inspeetion m~y subject you to a penalty of $20 per day for each day
there i~ a failure to comply (up to a ma~imum of $101000 in the aaee of an
annual reeurn).
You need an employer identification number even if you have no employees.
If an employer identification nurn:cer was noc ent~red on your application, we
will assign a number to you ~nd advise you of it. Please use that number on
all returns you file and in all correspondence with the Int@rnal Revenue
service.
If we eaid i~ the headin~ of this letter that an addendum applies, eh~
addendum enclosed is an integral part of thi~ letter.
Bec~use thi~ letter could help us resolve any questions aheut your exempt
status and foundation status, you should keep it in your permanent records.
Lete~r 1045 (DO/CG)
S~P-20-2001 01:15 PM JUDITH M. PRATT 231 773 6118 P.08
-4-
L!MONAD! STANll OF MOSKZGON
If you have any quaetione, please contact the person whose name and
telephone null\ller are 1hown in the heading of thi• letter.
Sincerely yours,
,·
~~411,..1 ·····-
l!ncloaura(B):
Form B72•C
Letter l04S (DO/CG)
JUDITH M. PRATT 231 773 6118 P:02
8~/11/8114:00145 MSL-> 231 ?73 &118 Page 013
I
CHAAITAILI OAMING OIVISION
101 UIILL&0,'1.£, aox:1002~
LAN8JJIQ, MIC~IO.A.N .ODCII
(&11) m.&1ao
WWlll,tllta.n,1,Ullmilulte!'f
2001-109(e)
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENS!S
(Requlrwd by MC&..m.103(0)1
At a _..;.R.;.;e_,,gi.;u;..;l....:a:.:..r..,....~------- meeting of the --~C ,.:.t~y~C~o;;;,mm:,:.:..:.;i
· s;:.;s~i.o,;,;n~--
,u!al.JLAR 01U,ICIAL TC',\NIIIIP, CFTV, 011 VILLAO! co@2i(.li0Nlll
called tc order b~ _:.M. !.!a~y;.:,;o;.:.r_.:. :.N~ie...l:. :s:.: :ec!.:n________ on September 25, 2001
I l:IK(C
at 5: 30 ~~/i:,.m. th~ followir,g r11olution wae offered:
TIMI
Moved by Comm. Sc hwe i fl er ana aui:,pcrted by Comm. As l ak son
th11t the requeatfrc;im Lemonade Stand of Muskem!nor _ _.:.M.:.:u;:.as:..k~e-.ig;;;.o,:. :.n____,,
- Me a, oWGAH12AtioN r:,rv
cauntye>f Muskegon , aaking tnat they bl reco;nl:z:ad a• a
nonprofit organizaticn operating In the community for the purpose ot obtaining a charitable
gaming licenee1 t:e eor.aidertd for _..;.A_.p;.cp;.;.r..,o""v.,.;;a.l~-----
,._c,,,.wcoa-!\CMI,
APPROVAL DIBAPPFtOVAL
Yeas: .......;7_ __ Yeae:
Nays: .........o
_____ Nays:
Al:lsent: 0 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered ind
adoptedbythe City Commission _
TOWl"SHIP crrY. iSRvu;,.i,~ Ol)UN:IL/80"111'.1
au _...;.;.;;;..;a,:~RE~C-UL_AA_O_R
Regular Sl'-•C-IM._ _ __
Gail A. Kundinger, City Clerk
933 Terrace, Muskegon, MI 49440
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