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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 25, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL MEETING TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• PRESENTATION:
• HONORS AND AWARDS:
• CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes. CITY CLERK
b. Fireworks Display - Sappi Fine Paper, 2400 Lakeshore Drive. CITY
CLERK
c. MichCon Revised Restrictive Covenants. CITY ATTORNEY
d. Forestry Policies Amendments. LEISURE SERVICES
e. Arena Computers. LEISURE SERVICES
f. Rezoning request for property located at 808 Oak Ave. PLANNING
& ECONOMIC DEVELOPMENT
g. Alley Vacation in Urban Renewal Plat No. 3, Block Bounded by
Getty St.. Albert Ave .. Mary St., and Ducey Ave. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of Non-Buildable Lot in East Muskegon. PLANNING &
ECONOMIC DEVELOPMENT
i. City / MOOT Agreement for Laketon Avenue, Wood to Getty.
ENGINEERING
j. Sale of Vacant Land for In-Fill Program. PLANNING & ECONOMIC
DEVELOPMENT
k. Budgeted Purchase of Sewer Lateral Camera. PUBLIC WORKS
I. Marsh Field Paving Bids. LEISURE SERVICES
m. Sale of Non-Buildable Lot in Angell Neighborhood. PLANNING &
ECONOMIC DEVELOPMENT
n. Sale of Non-Buildable Lot in Marquette Neighborhood. PLANNING
& ECONOMIC DEVELOPMENT
o. Purchase of 419 W. Delano St. - Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
p. Purchase of 437 W. Delano St. - Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
q. Purchase of 441 W. Delano St. - Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
r. Purchase of 2029 Park St. - Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
s. Enterprise Community Citizen Council/CEZ. AFFIRMATIVE ACTION
t. FY 1998 Local Law Enforcement Block Grant. POLICE
u. FY 1998 Local Law Enforcement Block Grant. POLICE
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. SECOND READING. Utility Franchise Ordinance. CITY CLERK
b. Construction of 4 Houses in Lakeside. PLANNING & ECONOMIC
DEVELOPMENT
• NEW BUSINESS:
a. Request for a Planned Unit Development for 700 Terrace Street.
(Formerly Teledyne Property) PLANNING & ECONOMIC
DEVELOPMENT
b. Request for amendment to Planned Unit Development for property
near Harvey Street. and Oak Avenue. (Mercy-General)
PLANNING & ECONOMIC DEVELOPMENT
c. Concurrence with Housing Board of Appeals Findings and Order
for the Following:
1. 582 W. Webster
2. 1867 Hoyt
3. 337 W. Grand
4. 1299 Fourth
5. 1349 Arthur (Garage)
6. 477 E. Apple
d. Campbell Field Bids. LEISURE SERVICES
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone,
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with Cify 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, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: July 25, 2000
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, July 10, 2000; and the Regular
Commission Meeting that was held on Tuesday, July 11, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 25, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 25, 2000.
Mayor Nielsen opened the meeting with a prayer after which members of the City
Commission and the members of the public joined in reciting the Pledge of Alle-
giance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John
Aslakson, Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd,
Lawrence Spataro
Absent: None
2000-072 CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion.
No separate discussion will be held on these items. If discussion of an
item 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, July 10, 2000; and fhe Regular Commission Meeting that
was held on Tuesday, July 11, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display - Sappi Fine Paper. 2400 Lakeshore Drive.
CITY CLERK
SUMMARY OF REQUEST: Steve Franklin is requesting approval of a fireworks display
for August 18, 2000. Insurance has been approved by IBEX Enterprises, Inc. Fire Mar-
shall Grabinski has reviewed the request and recommends approval contingent on
inspection of the fireworks and approval of the location.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval, subject to Fire Marshall Grabinski's inspection
and approval of insurance.
c. MichCon Revised Restrictive Covenants.
CITY ATTORNEY
SUMMARY OF REQUEST: A Declaration of Restrictive Covenant having to do with a
transaction completed in 1997, in which we recorded a restrictive covenant using a
legal description for property we did not own. Also an Amended Declaration of Re-
strictive Covenant and Resolution for another part of the MichCon facility, which will
change, by just a few words, the covenant we recorded on the City's property on
the lake next to West Michigan Dock and Terrace Point, to assure MichCon that they
can enter to carry on remediation activities.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
g. Alley Vacation in Urban Renewal Plat No. 3. Block Bounded by
Getty St.. Albert Ave .• Mary St.• and Ducey Ave.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the north/south alley in Urban Re-
newal Plat No. 3, block bounded by Getty St., Albert Ave., Mary St., and Ducey Ave.
This request is associated with an approved Special Use Permit for a church to be lo-
cated on Getty St.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommend vacation of the proposed alley with
the conditions outlined in the resolution. The Planning Commission recommended
vacation of the proposed alley with the conditions outlined in the resolution. The
vote was unanimous.
JULY 25, 2000 2
h. Sale of Non-Buildable Lot in East Muskegon.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot des-
ignated as map #24-31-33-161-015 to Onesiphorus B. Burrel of 2131 Austin. The lot has
40 feet of frontage and is located between Delano and Hackley Avenue. The parcel
is being offered to Mr. Burrel for $100. There is no other interested adjacent property
owner.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenarce costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
i. City/MDOT Agreement for Laketon Avenue. Wood to Getty.
ENGINEERING
SUMMARY OF RREQUEST: To approve the contract with M.D.O.T. for the reconstruc-
tion of Laketon Avenue from Wood to Getty and to approve the resolution authoriz-
ing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: M.D.O.T. participation is about $400,000 but not to exceed
81.85% of eligible cost. The estimated total (including engineering) cost of the proj-
ect is $565,800.
BUDGET ACTION REQUIRED: The City's share of the cost will come out of the Major
Street Fund, as budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
j. Sale of Vacant Land for In-Fill Program.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant lots designated as map
number 24-31-21-251-028 and 029 to Tamiaa Scott of 980 Ducey Street. The com-
bined lots have 112.7 feet of frontage and are located on Ducey between Creston
and Roberts Streets. The parcel is being offered to Ms. Scott for $3,500. At the Janu-
ary 11, meeting, the Commission approved the sale of this lot to another buyer, who
has since dropped out of the program. Ms. Scott meets the criteria for the In-fill Pro-
gram and has agreed to the original design of the three-bedroom home with two-
stall garage. The approximate square footage of the home is 1,400.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
JULY 25, 2000 3
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
m. Sale of Non-Buildable Lot in Angell Neighborhood.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot des-
ignated as map #24-31-20-339-004 to Annie Fox of 763 Wood Street. The lot has 36
feet of frontage and is located between Myrtle and Oak Avenues. The parcel is be-
ing offered to Ms. Fox for $100. There is no other interested adjacent property owner.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
n. Sale of Non-Buildable Lot in Marquette Neighborhood.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot des-
ignated as map #24-31-21-203-008 to Mr. Shane Fairfield of 4238 Squaw Creek. Mr.
Fairfield purchased the adjacent buildable lot and intends to construct a single fam-
ily home within 18 months. The subject parcel is located at the end of the cul-de-sac
on Adams Avenue and has 33 feet of frontage. The parcel is being offered to Mr.
Fairfield for $100. There is no other adjacent property owner.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
o. Purchase of 419 W. Delano St. - Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 419 W. Delano Street pur-
suant to the City of Muskegon goal of creating the Seaway Industrial Park. This re-
quest is pursuant to a purchase agreement signed by Mr. Kevin Schmidt, 419 W. De-
lano Street, Muskegon, Michigan on July 5, 2000. The purchase price is $38,000.
FINANCIAL IMPACT: Sate of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None
JULY 25, 2000 4
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 419 W. Delano Street for the development of the Seaway Industrial Park.
p. Purchase of 437 W. Delano St. - Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 437 W. Delano Street pur-
suant to the City of Muskegon goal of creating the Seaway Industrial Park. This re-
quest is pursuant to a purchase agreement signed by Mrs. Jean Johnson, 437 W. De-
lano Street, Muskegon, Michigan on July 5, 2000. The purchase price is $53,000.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 437 W. Delano Street for the development of the Seaway Industrial Park.
q. Purchase of 441 W. Delano St. - Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 441 W. Delano Street pur-
suant to the City of Muskegon goal of creating the Seaway Industrial Park. This re-
quest is pursuant to a purchase agreement signed by Mr. Bill Twining, 441 W. Delano
Street, Muskegon, Michigan on July 11, 2000. The purchase price is $31,500.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 441 W. Delano Street for the development of the Seaway Industrial Park.
r. Purchase of 2029 Park St. - Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 2029 Park Street pursuant
to the City of Muskegon goal of creating the Seaway Industrial Park. This request is
pursuant to a purchase agreement signed by Adam Wilson, 2029 Park Street,
Muskegon, Michigan on June 30, 2000. The purchase price is $44,000.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the resolution consenting to the
purchase of 2029 Park Street for the development of the Seaway Industrial Park.
JULY 25, 2000 5
t. FY 1998 Local Law Enforcement Block Grant.
POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission ap-
proye the use of FY 1998 Local Law Enforcement Grant money to purchase l 00 Safar-
iland holsters (Model 6280). These are duty holsters to be worn with our uniforms.
These particular holsters are known as Level II safety holsters. They provide added se-
curity for the officers especially in cases where officers are involved in altercations.
The design of this particular holster greatly reduces the chance that the officers' gun
will be removed against his/her will and used against the officer or other members of
the community.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: $8,500.00 in grant money to be utilized for this pur-
chase. Nye Uniform of Grand Rapids, Michigan submitted the low bid. Money from
the FY 1998 LLEBG must be expended no later than September 30, 2000.
STAFF RECOMMENDATION: Based upon safety considerations, staff recommends
that the Commission authorize the purchase of these holsters.
u. FY 1998 Local Law Enforcement Block Grant.
POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission ap-
proves the use of FY 1998 Local Law Enforcement Grant (LLEBG) money to purchase
15 Sony digital cameras and 2 Sony video cameras. The digital cameras will be util-
ized by patrol officers, community police officers, detectives and traffic officers. The
video cameras will be used for recording crime scenes and for traffic accident re-
construction. The digital cameras will be stored in the police vehicles. Having the
cameras accessible will allow the officer to record a scene immediately, with no de-
lay involved for either the officer or the community.
This camera package includes protective cases, 3 printers, and compact discs for
photo storage and supporting software.
Motion by Commissioner Spataro, second by Commissioner Benedict to adopt the
Consent Agenda as read with the exception of items {d), {e), {f), {k), {I) and {s).
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
2000-073 ITEMS REMOVED FROM CONSENT:
d. Forestry Policies Amendments.
LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the amended Forestry Department Policies.
JULY 25, 2000 6
FINANCIAL IMPACT: Added a cost for the removal of good or marginal trees.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to adopt the
amended Forestry Department Policies.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
ADOPTED
e. Arena Computers.
LEISURE SERVICES
SUMMARY OF REQUEST: To purchase computers and software for the arena tick-
eting area.
FINANCIAL IMPACT: Approximately $10,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Benedict, second by Commissioner Spataro to approve
the purchase of computers and software for the arena ticketing area.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
f. Rezoning request for property located at 808 Oak Ave.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 808 Oak Ave., at
the NE corner of Oak Ave. and Getty St., frorn R-1, Single-Family Residential and OSC,
Open Space Conservation to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of
compliance with the future land use map and Master Land Use Plan, or if the City
Commission is comfortable with the range of B-4 uses for the corner portion of the
property, that only the existing greenhouse site be rezoned and the rest of the site
would remain R-1 and OSC. The Planning Commission concurred with staff's recom-
mendation to deny the request. The vote was unanimous.
JULY 25, 2000 7
Motion by Commissioner Spataro, second by Commissioner Shepherd to deny the
request to rezone property located at 808 Oak Avenue from R-1 to B-4.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
ADOPTED
k. Budgeted Purchase of Sewer Lateral Camera.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one sewer camera kit from Greg-
ware Equipment Company for $8,371.10. This kit includes:
1. 1.7" color camera with 4" skid.
2. 6" & 8" skids.
3. 200' cable reel and stand.
4. Command Module & Monitor TV /VCR.
5. Gator Receiver & bag.
FINANCIAL IMPACT: $8,371.10 from sewer equipment purchases.
BUDGET ACTION REQUIRED: None, $9,500 was budgeted for 2000.
STAFF RECOMMENDATION: Approve purchase of one Gator Cam II kit from Greg-
ware Equipment Company.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the purchase of one sewer camera kit from Gregware Equipment company for
$8,371.10.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
ADOPTED
I. Marsh Field Paving Bids.
LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Asphalt Paving for paving the
parking lot at Marsh Field.
FINANCIAL IMPACT: $77,466
BUDGET ACTION REQUIRED: None, funded through CDBG.
STAFF RECOMMENDATION: Approve
Motion by Vice Mayor Sieradzki, second by Commissioner Spataro to award the
contract to Asphalt Paving for the parking lot at Marsh Field.
JULY 25, 2000 8
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: Nielsen, Benedict
ADOPTED
s. Enterprise Community Citizen Council/CEZ.
AFFIRMATIVE ACTION
SUMMARY OF REQUEST: To approve the recommendations for the Enterprise
Community Citizen's Council.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap-
prove the recommendations for the Enterprise Community Citizen's Council.
ROLL VOTE: Ayes: Schweifler, Sieradzki, Spataro, Aslakson
Nays: Shepherd, Benedict, Nielsen
ADOPTED
CITY MANAGER'S REPORT:
City Manager Bryon Mazade indicated that the Housing Commission is ready for
the separation to be completed. It was decided that there should be a Special
Commission Meeting on August 1, 2000 to review the paperwork.
2000-074 UNFINISHED BUSINESS:
a. SECOND READING. Utility Franchise Ordinance.
CITY CLERK
SUMMARY OF REQUEST: Adoption of an ordinance for Quest Energy utility franchise
within the City of Muskegon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Aslakson, second by Commissioner Spataro approve the
ordinance for Quest Energy utility franchise within the City of Muskegon
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
ADOPTED
JULY 25, 2000 9
b. Construction of 4 Houses in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: At the last City Commission meeting, this item was pre-
sented, and additional information regarding possible environmental concerns was
brought forward. The City Attorney was particularly concerned about the statements
being made that the site may be a facility, as defined by the Michigan Department
of Environmental Quality (MDEQ). Although staff had no knowledge of this prior to
the meeting, we feel that these statements may have influenced the Commission to
vote against the item. Therefore, staff has researched the environmental concerns
with the MDEQ and found that the site is not a facility. However, due to the informa-
tion staff has indicating that a greenhouse was previously on the site, we will send a
letter to the purchaser of the property, indicating that we have such information, and
recommending that the purchaser have a Baseline Environmental Assessment com-
pleted for the property. This letter will be sent prior to our closing on the property. In
light of this information, staff requests that the City Commission reconsiders this item.
FINANCIAL IMPACT: Construction of the additional two homes fronting Harrison will
generate additional tax revenue for the City.
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 Spataro, second by Commissioner Aslakson to approve
the construction of four homes to be built on the lot.
Motion and second withdrawn.
No other action taken on this item.
2000-075 NEW BUSINESS:
a. Request for a Planned Unit Development for 700 Terrace Street.
(Formerly Teledyne Property)
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for a Planned Unit Development for the former
Teledyne property, for a mixed-use development, containing offices, retail, condo-
miniums and a marina. The request is from Lakefront Development, L. L. C.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the PUD provided that
the conditions listed in the resolution are met. The Planning Commission recom-
mended approval of the PUD, with the conditions listed on the resolution. The vote
was unanimous.
JULY 25, 2000 10
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the request for a Planned Unit Development for the former Teledyne property and the
site plans with the conditions recommend by the Planning Commission.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
ADOPTED
b. Request fer amendment to Planned Unit Development fer property
near Harvey Street. and Oak Avenue. (Mercy-General)
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for
Mercy General Health Partners - Oak Campus for a senior housing development to
be located on the campus, containing 89 senior apartments and 41 assisted living
apartments, plus services (salon, library, etc.). The request is from Mercy Continuing
Care.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the PUD amendment
provided that the conditions listed in the resolution are met. The Planning Commis-
sion recommended approval of the PUD amendment, with the conditions listed on
the resolution. The vote was unanimous.
Motion by Commissioner Benedict, second by Commissioner Spataro to amend
the Planned Unit Development for Mercy General Health Partners-Oak Campus for a
senior housing development with conditions as recommended by the Planning
Commission.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
Aslakson
Nays: None
ADOPTED
c. Concurrence with Housing Board of Appeals Findings and Order
for the Following:
1. 582 W. Webster
2. 1867 Hoyt
3. 337 W. Grand
4. 1299 Fourth
5. 1349 Arthur (Garage)
6. 477 E. Apple
JULY 25, 2000 11
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structures are unsafe, substandard
and a public nuisance and that they be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for demolition
of the structures and the Mayor and City Clerk be authorized and directed to exe-
cute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: (582 W. Webster) The cost of demolition will be paid with
CDBG funds.
BUDGET ACTION REQUIRED: (582 W. Webster) None
STAFF RECOMMENDATION: (582 W. Webster) This property is located on Webster
Avenue where Ninth Street intersects. The owner is Residential Funding Corporation in
San Diego California.
A dangerous building inspection of this property was conducted on November 24,
1997 following receipt of a complaint. The condition justified the issuance of a notice
and order to repair or demolish on December 4, 1997. The case was referred to the
Housing Board of Appeals on February 5, 1998 because the owner made no attempt
to correct the violations stated in the order.
No one appeared at the meeting on behalf of the owner and the Board found
the property to be unsafe, substandard and a public nuisance and ordered it de-
molished.
It is estimated that the cost of bringing the property into compliance with City
codes would be in the range of $16,000 - $21,000.
FINANCIAL IMPACT: (1867 Hoyt) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (1867 Hoyt) None
STAFF RECOMMENDATION: (1867 Hoyt) This single-family dwelling is located on
Hoyt Street between Holbrook and Laketon. Scott Barr owns the property.
A dangerous building inspection was done on April 3, 2000 which revealed the
structure(s) were in need of repair. A Notice and Order was sent on April 3, 2000. On
April 24, 2000 notice was sent to the Mortgage Company.
On May 22, 2000, Notice of Hearing was sent. The Housing Board of Appeals
heard the case on June 1, 2000. The Board declared unsafe, substandard, a public
nuisance and ordered it to be demolished. Finding of facts and order was sent out
on June 5, 2000. To this date, there has been no contact with the owner.
Estimated cost to repair is $15,000.00.
FINANCIAL IMPACT: (337 W. Grand) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (337 W. Grand) None
JULY 25, 2000 12
STAFF RECOMMENDATION: (337 W. Grand) This two-unit apartment building is lo-
cated on W. Grand Avenue between Seventh Street and Sixth Street. The owner is
Ed Houghtaling.
The property has been ticketed four times for renting with out a certificate of
compliance and failure to maintain the exterior of the structure(s). A final notice to
repair was sent on October 29, 1999. A dangerous building inspection was con-
ducted on April 4, 2000, a notice and order was sent on April 5, 2000. Notice was sent
to Mortgage companies on April 21, 2000. This property was discussed at the Housing
Board of Appeals meeting on June 1, 2000. The Board found the building to be un-
safe, substandard and a public nuisance. To this date, there has been no contact
with the owner.
Attached are copies of a map showing the approximate location of the property.
Pictures of the dwelling, tickets that were issued, final notice defect list dated No-
vember 17, 1999, dangerous building inspection report dated April 4, 2000, notice
and order dated April 5, 2000, notice to mortgage companies dated April 21, 2000,
notice of hearing dated May 22, 2000, HBA meeting minutes, and the finding of facts
and order dated May 5, 2000.
Estimated cost to repair is $12,000.00.
FINANCIAL IMPACT: (1299 Fourth) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (1299 Fourth) None
STAFF RECOMMENDATION: ( 1299 Fourth) This property is located on Fourth Street
between Mason and Strong. It was a rental unit owned by Ed Backing.
On November 26, 1996 a civil infraction hearing took place before Judge Pittman
for failing to maintain the structure(s) at 1299 Fourth Street. Mr. Backing pleaded re-
sponsible for repairing the violations. A payment plan was to be agreed upon with
the courts. Since then there has been no repairs made and the structure has been
vacant. Six tickets have been issued since the hearing in 1996. An inspection done in
1997 revealed that the violations still existed and an injunction relief was requested. A
dangerous building inspection was conducted on April 4, 2000 which revealed the
structure to be in desperate need of repair. A notice and order was sent on April 5,
2000. There had been no contact with the owner and no repairs had been made so
the case was heard by the Housing Board of Appeals on June 1, 2000 and the Board
found the structure to be unsafe, substandard, a public nuisance and ordered it to
be demolished. To this date there has still been no contact with the owner.
Estimated cost to repair is $18,000.00.
FINANCIAL IMPACT: (1349 Arthur) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: ( 1349 Arthur) None
STAFF RECOMMENDATION: (1349 Arthur) This garage is located between Cather-
ine and Isabella. The owner is Mr. John Thomas.
JULY 25, 2000 13
The garage was burnt and the roof collapsed in July of 1999.
On March 15, 2000 a dangerous building Inspection was conducted and revealed
that no repairs had been made to the garage. A notice and order to repair or de-
molish was sent on March 17, 2000. There had been no contact with the owner and
the case was heard before the Housing Board of Appeals on May 4, 2000.
The owner and/or a representative did not attend the meeting and the Board
found the garage to be unsafe, substandard, a public nuisance and ordered it to be
demolished. A finding of facts and order was sent on May 9, 2000. To this date, there
has been no contact with the owner.
Attached are copies of a map showing the location of the property, pictures of
the structure, the dangerous building inspection report dated March 15, 2000, the no-
tice and order dated March 17, 2000, Notice of hearing dated May 1, 2000, minutes
to the May 4, 2000 meeting, and the finding of facts and order dated May 9, 2000.
Estimated cost of repair is $2,500.00.
FINANCIAL IMPACT: (477 E. Apple) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (477 E. Apple) None
STAFF RECOMMENDATION: (477 E. Apple) This single family dwelling is located near
Williams Street. It is one of three homes in a row that are dangerous buildings.
This property was previously owned by BK Properties who sold the property to
Phyliss Bartee.
An inspection was conducted on April 5, 2000 which revealed this dwelling to be
dangerous. A Notice and Order was sent on April 5, 2000. On April 23, 2000 the In-
spections Department received a title search that revealed the property was sold on
a Sheriffs deed to WMV Mortgage. Notice was sent to them on April 24, 2000. There
had been no contact with the owner and the case was heard before the Housing
Board of Appeals on June l, 2000.
No one attended the meeting on behalf of the owner and the Board found the
building to be unsafe, substandard, a public nuisance and ordered it to be demol-
ished. The findings of fact and order was sent on June 5, 2000.
Attached are copies of the map showing the location of the property, pictures of
the building, the building inspection report, Notice and Order dated April 5, 2000 and
April 24, 2000, Notice of hearing, the Boards minutes of the June 1, 2000 meeting and
the Finding of Facts and Order.
Estimated cost to repair is $15,000.00.
Motion by Commissioner Shepherd, second by Commissioner Spataro to concur
with the Housing Board of Appeals that the structures are unsafe, substandard and a
public nuisance and that they be demolished within 30 days.
JULY 25, 2000 14
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
ADOPTED
d. Campbell Field Bids.
LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Nationwide Fence and Supply for
the Campbell Field Renovation projE:ct, but to negotiate with them to reduce the to-
tal project cost to under $400,000.
FINANCIAL IMPACT: $400,000
BUDGET ACTION REQUIRED: None, grant match provided in the 2000 budget.
STAFF RECOMMENDATION: Approve
Motion by Commissioner Spataro, second by Commissioner Schweifler to award a
contract to Nationwide Fence and Supply for the Campbell Field Renovation project
and to negotiate with them to reduce the total project cost to under $400,000.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
ADOPTED
ANY OTHER BUSINESS:
Commissioner Benedict reminded the Commission that there will be a D.A.R.E.
walk on Thursday, July 27 beginning at 9:00 a .m. The walk will start at the Sears store
in the mall. Everyone is welcome to join the effort.
Commissioner Shepherd praised the Fire Department for their action on a burning
house in her neighborhood.
Commissioner Aslakson spoke regarding a fire on Seventh Street.
PUBLIC PARTICIPATION:
Comments were heard from the public.
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Gail A. Kundinger, CMC/AAE
City Clerk ~D,
JULY 25, 2000 15
Date: July 25, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display- Sappi Fine Paper,
2400 Lakeshore Drive
SUMMARY OF REQUEST: Steve Franklin is requesting approval of a
fireworks display for August 18, 2000. Fire Marshall Grabinski has
reviewed the request and recommends approval contingent on
inspection of the fireworks and approval of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval, subject to Fire Marshall
Grabinski's inspection and approval of insurance.
FM- 32( 12-68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
I D~TE OF APPLICATION
7 - 17 -oo
. Pub Iic Display
l. TYPE OF DISPLAY: .129' 0 Agricultural Pest Control
2 . APPLICANT
NAME OF PERSON ADDRESS AG E: Must be 21 o r over
S(..,1 r,-; m ,,·1- fZ1t1 l e .,-.,4.,.,,, 'r . .s
IF A CORPORATION: Narriil of President
,:--Jrf,,,; t
ADDRESS
l/4n,,£r1J rp/'~ A/I
3 . PYROTECHNIC OPERATOR
NAME ADDRESS AGE: Must be 21 or over
Ste II e.,, ; : /1.7 /J f J//1 ~ ,ftC ;L,,lon~/'P V
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EXPERIENCE:
NUMBER OF YEARS I NUMBER OF DISPLAYS WHERE
},..)' - c:l,oo f- .,4/J a r>,·, r J /I ,(} "il.J ,,/./.
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME A DDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER
5, EXACT LOCAT ION OF PROPOSED DISPLAY
J.1/oo !c, l cs. )ci,"e.. _&,ve
DATE
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S-1 /IiJ/ .r1 e r..-ll - /() S;'fe,, cla-/ 0 -P s ·/2a ,:t/ :
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( Subject to Approv a l of Local F i re Authorities)
7, FINANCIAL RESPONSIBILI T Y
A . AMOUNT OF BOND OR INSURA NCE
( to be set by municipali t y) s // ()00,, ooo.
8, BONDIN G CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
JUL-17-2000 16!47 FRANKLIN CONTACTORS 16167391226 P,02
DA.ti: (lllliJCU'f't'J
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Summit Pyrotechnics, Inc.
2866 Vandenberg Ro11d
Muskegon, MI 49444
ADDENDUM
County of Muskegon and the City of Muskegon and all elected and appointed, all employees and
volunteers, all board commissions or: authorities and their board members, employees and
voluneers ue named as Additional Insureds with respect to Pyrotechnic Display August 18,
2000 Pyroteclulic Display at 2400 t.akeshore Drive
2000-72(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: !O~ PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO:
NAME
Steve Franklin
ADDRESS AGE
2866 Vandenberg
REPRESENTING
NAl¼E OF ORGA..'lIZATION, GROUP, FIRM OR CORPORATION
Sappi Fine Paper
ADDRESS
2400 Lakeshore Drive
NUMBER & TYPES OF FIREWORKS:
10 - 12" aireal Shells 280 - 6"
10 - 10" 280 - 5"
80 -8" 1200 - 3"
DISPLAY:
EXACT LOCATION
2400 Lakeshore Drive on barge and land
CITY, VILLAGE, TOWNSHIP DATE TIME
8-18-00 Dark
BOND OR INSURANCE FILED: ( )2 YES () NO AMOUNT $ 1, 000 , 000 . 00
ISSUED BY:
Issued by action of the lvfUSKEGON CITY COMMISSION
(CQUncil, commiuion. board)
of the CITY of · MUSKEGON
(city, v1Jl~1c. t0wnship) {twnc o( cicy. village. toWNhip)
on the
(tllj?l&hlrc &. position of coune:il, CQmmiuion or boud reprcsCl1L1tivc)
law offices of PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or 728.2206
July 14, 2000
Ms. Gail Kundinger
City Clerk
City Hall
Muskegon, Ml 49443
Re: MichCon - conected and revised restrictive covenants
100-949-SM(8)
Dear Gail:
Enclosed is a Declaration of Restrictive Covenant (Conected) which should be placed before the
City Commission on its next agenda. It has to do with a transaction completed in 1997, in which
we recorded a restrictive covenant using a legal description for prope1iy we did not own. This
one is fairly simple and should not cause any concern.
Also enclosed is an Amended Declaration of Restrictive Covenant and Resolution for the same
meeting on another paii of the MichCon facility, which will change, by just a few words, the
covenant we recorded on the City's property on the lake next to West Michigan Dock and Tenace
Point, ssure MichCon that they can enter to carry on remediation activities
erve a little agenda item for these? Thank you.
ress: gtj@parmenterlaw.com
GTJ/mh
Enclosures
G. Thomos Johnson John C. Schrier Jomes R. Scheuerle OJC01111sel Retired Paul T. Sorensen
George D. Van Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966
John M. Briggs, Ill Linda S. Kaare Anna K. Urick Eric J. Fouri Arthur M. Rude George A. Parmenter
Michoel L. Rolf Philip M. Staffon Scott R. Sewick 1903~1993
Harold M. Street
George W. Johnson William J. Meier Jennifer L. Hytlond Cyrus M. Poppen
W. Brod Groom Jeffery A. Jacobson 1903-1996
G:\COMMON\5\GTJ\MICHCOM7-13CLRK.LTR
CITY OF MUSKEGON
RESOLUTION NO. 2000-72 ( c 1)
RESOLUTION TO CORRECT RESTRICTIVE COVENANT
The MichCon/Lakey Facility
The City Commission of the City of Muskegon hereby resolves:
1. That the City previously imposed a restrictive covenant on certain lands then owned by
the City by a covenant recorded on November 6, 1997, at Liber 2036, Pages 667 through
672, Muskegon County Register of Deeds. The instrument that was recorded contained a
_legal description which erroneously included land not owned by the City.
2. The City Commission hereby resolves to correct the erroneous Restrictive Covenant by
recording a covenant with the correct legal description, excluding the area erroneously
described. The corrected Restrictive Covenant is attached to this resolution.
3. The Mayor and Clerk are authorized to execute the Corrected Declaration of Restrictive
Covenant and cause it to be recorded.
THIS RESOLUTION ADOPTED
AYES Shepherd. Sieradzki. Spataro, Aslakson, Benedict. Nielsen,
Schweifler
NAYS_...,_,,,_._""'---- - -----------------
By ~ Q-W
CITY OF MUSKEGON
Gail A. Kundinger,clerk
G:\COMMON\5\GTJ\MICHCON\RSTCV2.RES
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 25t h -day of
J uly , 2000, and that the minutes of the meeting are on file in the office
of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
Gail A. Kundinger, City Clerk
G:\COMMON\5\GTJIMICHCON\RSTCV2.RES
MDEQ Reference No.: RC-ERD-97-019
DECLARATION OF RESTRICTIVE COVENANT
(CORRECTED)
This Restrictive Covenant has been recorded with the Muskegon Register of Deeds for the purpose of protecting public health, safety
and welfare, and the environment. This document is recorded solely for the purpose of correcting the legal description contained
in a Restrictive Covenant recorded by the City of Muskegon on November 6, 1977, at Liber 2036, Pages 667 through 672. No
other change is made. The correction is necessary to remove from the legal description land not owned by the City at the time
of recording or at any time up to and including the date of recording of this correcting instrument.
Michigan Consolidated Gas Company (MichCon) has received approval from the Michigan Department of Environmental Quality
(MDEQ) dated June 1, 1995, for a Remedial Action Plan (RAP) that includes land use-based cleanup criteria as defmed and set forth
in Section 20120a(2), of Part 201 of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451, as amended,
MCL 324.20 IO I !l! film, for the environmental remediation associated with the property located in the City of Muskegon, County of
Muskegon, more particularly described as:
See Attachment A for legal description of Property (Property)
See Attachment B for a survey of the Property subject to land-use restrictions
Property Tax ID Numbers of Property: 61-31-19-400-016.
As used herein, the term "Owner" shall mean at any given time the then current title holder of the Property.
NOW THEREFORE, the City of Muskegon, of933 Terrace Street, Muskegon, Michigan 49440, pursuant to Section 20120b(4) of
NREPA and the Administrative Order by Consent for Response Activity (Agreement) to be entered by and between MichCon, West
Michigan Dock and Market Corporation, the City of Muskegon and the MDEQ (AOC-ERD-7/13/95), hereby imposes the following
restrictions on the Property:
I. The uses of the Property are restricted to any of the following: (1) Uses consistent with the exposure assumptions identified in
the risk assessment contained in the RAP and suppoi1ing information dated November 22, 1996 (hereinafter "Supporting Information:);
(2) other use that is consistent with the assumptions and basis of the cleanup criteria established pursuant to Section 20120a; (3) uses
consistent with other criteria subsequently established pursuant to Section 20120a( I) or 20120a(2); (4) uses determined to be acceptable
according to paragraphs 3(A)(i) and 3(A)(ii) of this restrictive covenant; or, (5) other use approved by the MDEQ.
Cleanup criteria and associated land use descriptions are located in the Goverrunent Documents section of the State of Michigan
Library.
G:\COMMON\5\GTJ\MICHCON\RSTCV2.CRT - 1-
2. Activities at the Property that may interfere with the remedial action, operation and maintenance, monitoring, or other measnres
necessary to assure the effectiveness and integrity of the remedial action described in the RAP and the Agreement are prohibited. The
asphalt, any building foundations and clean soil fill (hereinafter "Site Cap") placed over the contaminated soils comprise an exposnre
barrier to contaminated subsnrface soils as defmed in the RAP and are to be inspected and maintained as provided in the RAP and the
Agreement.
3. Activities at the Property that may result in unacceptable exposures or that would result in the release of a hazardous substance
which was contained as part of the remedial action are prohibited.
3(A) The subsurface soils and groundwater beneath the Site Cap on the Property, constructed in accordance with the RAP,
contain hazardous substances, including volatile, semivolatile, and heavy metal compollllds, at concentrations that present a potential
threat to public health if exposure occnrs.
3(A)(i) With respect to the future use(s) of the Property, the owner shall conduct an appropriate evaluation of the potential risks
from exposure to contaminants identified in the RAP as present in the subsurface soils and groundwater, if those uses would result in
exposnres other than those addressed in the Risk Assessment contained in the RAP and Supporting Information in order to assnre that
unacceptable exposure to contaminants does not occur. The evaluation shall be consistent with Section 20120a of Part 201 ofNREPA.
Appropriate control measures that are identified to prevent unacceptable exposure shall be incorporated into the consttuction plans and
implemented.
3(A)(ii) Notwithstanding the provisions of paragraph #3 construction in and occupancy of areas that are above the as built
elevations of the Site Cap are allowed. Structures on the Property are allowed without the risk evaluation, so long as the areas capable of
being occupied (including but not limited to basements, etc.) are entirely above the elevation of the Site Cap. Construction of foundations,
utilities, and related structural components of buildings on the property and subsequent maintenance thereof, may penetrate the approved
Site Cap into areas of existing contaminated soil without such risk evaluation, so long as such activity does not interfere with
implementation of the RAP and Agreement and repair to the Site Cap is completed in a timely fashion. The elevations to be used as
reference points for construction , to be completed in compliance with this section, are those established by the as-built drawings for the
Site Cap that are on file with MDEQ and the City of Muskegon Engineeiing Department. A health and safety plan shall be developed for
persons involved in subsmface consbuction and maintenance activities to assure protection of workers pursuant to all applicable worker
safety laws.
3(B) All contaminated snrface and subsmface soils found on the Property must be managed in accordance with the
requirements of Section 20120c ofNREPA and other applicable state and federal laws.
3(C) Any use of groundwater beneath the Property is prohibited.
4. Owner shall notify MDEQ of the Owner's intent to convey an interest in the Property, no less than 14 days prior to
consummating the conveyance. Notice to the MDEQ will not be required for leasing of space unless breaching of the Site Cap may occur
by the tenant. A conveyance of title, an easement, or other interest in the Property shall not be consummated by the owner without
adequate and complete provision for compliance with the terms and conditions of the Restrictive Covenant.
5. The City of Muskegon hereby grants to the MDEQ and its designated representatives the right to enter the Property at reasonable
times for the purpose of determining and monitoring compliance with the RAP, including the right to take samples, inspect the operation
of the remedial action measnres and inspect records.
6. The City of Muskegon and its designated representatives reserve the right to enter the Property at reasonable times and on
reasonable notice to maintain the Site Cap and conduct monitoring pursuant to the RAP and the Agreement.
7. The City of Muskegon retains, for itself and its designated representatives, and MichCon the right to enter the Property at
reasonable times and on reasonable notice to implement response activities pursuant to the RAP and the Agreement.
G:\COMMON\5\GTJ\MICHCON\RSTCV2.CRT -2-
8. The Owner shall install and maintain a permanent notice, that has received approval by the MDEQ, in the on-site facilities
managers office which describes the restricted area and the nature of the prohibitions specified herein and includes the Liber and page
numbers of this RestTictive Covenant as recorded with the Muskegon County Register of Deeds. The Owner shall notify any person that
engages in activities that may breach the Site Cap that hazardous substances exist beneath the Property and shall provide, upon request by
such person, the RAP with the risk assessment and Supporting Information.
The state may enforce the restrictions set forth in this Restrictive Covenant by legal action in a court of appropriate jurisdiction.
The restrictions shall run with the Property and shall be binding upon all owners, successors, lessees or assigns and their authorized
agents, employees, or persons acting upon their direction and control, and shall continue until the MDEQ or its successor approves
modifications or rescission of this Restrictive Covenant.
If any provision of this Restrictive Covenant is held to be invalid by any court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of any other provisions hereof. All such other provisions shall continue unimpaired in full force and effect.
The undersigned person executing this Restrictive Covenant on behalf of the City of Muskegon represents and certifies that he or she is
duly authorized and has been empowered to execute and deliver this Restrictive Covenant.
IN WITNESS WHEREOF, the City of Muskegon has caused this Declaration of Restrictive Covenant (Corrected) to be executed on this
d S-f /1 day of \Ju /,L , 2000.
V
Signed in the presence of: CITY OF MUSKEGON
: dJ~~.~.
By ,d,&,~, ~
G,H A. Kundinger, Clerk
••)
STATE OF MICIDGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on ,Ai I£-
3I , 2000, by Fred J. Nielsen, Mayor, and Gail A.
Kundinger, Clerk, of the City of Muskegon, pursuant to the authority of the City Commission.
Ltiido, .S . /ti I-er
Notary Public, Muskegon County, Michigan
My commission expires: - - '7'----''";?-_,.S-
'----'
-0 =-==.2.
= - - - - - -- ----
PREPARED BY AND WHEN
RECORDED RETURN TO:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\MICHCONIRSTCV2.CRT -3-
ATTACHMENT A
Legal Description of the Property
(Corrected)
That part of Lot 4 of Block 563 of the Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan
described as follows: Commencing at the Southeast comer of Lot 2 of said Block 563; thence North 39°01'00"
West (recorded as North 39°47' West) along the Southwesterly line of First Street 226.60 feet for POINT OF
BEGINNING, said point being 70.00 feet Northwesterly of the Southeast comer of said Lot I; thence continue
North 39°01'00" West 18.26 feet; thence North 61 °44'00" West along a line which is 36.00 feet, measured at right
angles, Southerly of and parallel to the Northeasterly line of said Block 563 (also being 66.00 feet, measured at
right angles, Southerly of and parallel to the South most line Terrace Plaza Condominium as recorded in Liber
1124, Page 179 to 222 inclusive, Muskegon County Records) a distance of 389.87 feet to the Easterly line of Lot
10 of said Block 563; thence South 27°38'19" West along said Easterly line 25.00 feet, thence South 61 °44'00"
East 282.72 feet (recorded as South 62°30' East 268.5 feet); thence South 69°58'30" East 118.16 feet to Point of
Beginning, EXCEPT that part above described located in Lot I of Block 563.
G:\COMMON\5\GTJ\MICHCON\RSTCV2. CRT
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CITY OF MUSKEGON
RESOLUTION NO. 2000-72 ( c2 )
RESOLUTION TO IMPOSE AN AMENDED RESTRICTIVE COVENANT
ON CERTAIN CITY LANDS
The MichCon/Lakey Facility
The City Commission of the City of Muskegon hereby resolves:
1. That the City previously imposed a restrictive covenant on certain lands owned by the
City on Shoreline Drive, running to Muskegon Lake, located adjacent to the property
owned by West Michigan Dock Corporation on the southwest and Dudley Corporation on
the northeast. The said Covenant should be amended to allow access by Michigan
Consolidated Gas Company for maintenance of the Soil Cover and monitoring pursuant
to a Remedial Action Plan and Administrative Order by Consent. A legal description of
the property is attached to the form of amended restrictive covenant which is, in turn,
attached to this resolution.
2. The City Commission further authorizes that the Amended Declaration of Restrictive
Covenant be imposed and recorded without the consent of the easement holder on the
property, as authorized by the easement document recorded at Liber 1389, Page 763 , on
April 28, 1987, with the Muskegon County Register of Deeds.
3. The Mayor and Clerk are authorized to execute the Amended Declaration of Restrictive
Covenant and cause it to be recorded. The City Manager is authorized to execute the
notice to the easement holder and have it recorded.
THIS RESOLUTION ADOPTED
.AYES Shepher d , Sieradzki , Spataro , As lakson, Benedict, Nielsen ,
Schweifler
NAYS_,_=oClll.<.- -- -- -- - -- - - -- - -- - -- --
CITY OF MUSKEGON / .
By ~a.cK.....,.,_,L,.~
Gail A. Kundinger, Clerk
G:\COMMON\5\GTJ\MICHCON\IMPOSCOV.AMD
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the 25th day of
Jul , 2000, and that the minutes of the meeting are on file in the office
of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
G:\COMMON\5\GTJ\MICHCON\IMPOSCOV.AMD
AMENDED DECLARATION OF RESTRICTIVE COVENANT
MDEQ Reference No.: RC-ERD-/97-021
This Amended Declaration of Restrictive Covenant has been recorded with the Muskegon Register of Deeds for the purpose of
protecting public health, safety and welfare, and the environment. It is amended only in Paragraph 6, to afford Michigan
Consolidated Gas Company access to the property for the purposes described therein. This document amends the Declaration
recorded at Liber 2291, Pages 154 -157.
Michigan Consolidated Gas Company (MichCon) has received approval from the Michigan Department of Environmental Quality
(MDEQ) dated June l, 1995, for a Remedial Action Plan (RAP) that includes land use-based cleanup criteria as defined and set forth
in Section 20120a(2), of Part 201 of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451, as amended,
MCL 324.20101 et seq, for the environmental remediation associated with the property located in the City of Muskegon, County of
Muskegon, more pmticularly described as:
See Attachment A for legal description of Property (Property).
Property Tax ID Number of Property: 61-31-19-300-010
As used herein, the term "Owner" shall mean at any given time the then current title holder of the Property.
NOW, THEREFORE, the City of Muskegon, of933 Terrace Street, Muskegon, Michigan 49440, pursuant to Section 20120b(4) of
NREPA and the Administrative Order by Consent for Response Activity (Agreement) to be entered by and between MichCon, the
City of Muskegon and the MDEQ (AOC-ERD-7/13/95), hereby imposes the following restrictions on the Property:
1. The uses of the Property are restricted to any of the following: (I) uses consistent with the exposure assumptions identified
in the risk assessment contained in the RAP and supporting information dated November 22, 1996 (hereinafter "Supporting
Information"); (2) other use that is consistent with the assumptions and basis of the cleanup criteria established pursuant to Section
20120a; (3) uses consistent with other criteria subsequently established pursuant to Section 20120a(l) or 20l20a(2); (4) uses
determined to be acceptable according to paragraphs 3(A)(i) and 3(A)(ii) of this restrictive covenant; or, (5) other use approved by the
MDEQ.
Cleanup criteria and associated land use descriptions are located in the Government Documents section of the State of
Michigan Library.
2. Activities at the Property that may interfere with the remedial action, operation and maintenance, monitoring, or other
measures necessary to assure the effectiveness and integrity of the remedial action described in the RAP and the Agreement are
prohibited. The Soil Cover, required by the RAP and previously placed on the Property, comprises an exposure barrier to prevent
direct contact with subsurface soils, as defined in the RAP, and is to be inspected and maintained as provided in the RAP and the
Agreement. Copies of the engineering drawings which depict the depth of the Soil Cover are available in the offices of the MDEQ,
ERD office serving Muskegon County and the City of Muskegon Engineering Department (Terrace Point Marina, Grading and Storm
Sewer Plan, the WBDC Group, Drawing Numbers C3. l and C3.2, dated April 10, 1989).
3. Activities at the Property that may result in unacceptable exposures or that would result in the release of a hazardous
substance which was contained as pa1t of the remedial action are prohibited.
G:\COMMON\5\GTJIMICHCONIRESTCIT5.922 - 1-
3(A) The subsurface soils and groundwater beneath the Soil Cover on the Property contain hazardous substances,
including volatile, semi-volatile, and heavy metal compounds, at concentrations that present a potential threat to public health if
exposure occurs.
3(A)(i) With respect to the future use(s) of the Property, the owner shall conduct an appropriate evaluation of the potential
risks from exposure to contaminants identified in the RAP as present in the subsurface soils and groundwater, if those uses would
result in exposures other than those addressed in the Risk Assessment contained in the RAP and Supporting Information, in order to
assure that unacceptable exposure to contaminants does not occur. The evaluation shall be consistent with Section 20120a of Part 201
ofNREPA. Appropriate control measures that are identified to be necessary to prevent unacceptable exposure shall be incorporated
into the construction plans and implemented.
3(A)(ii) Notwithstanding the provisions of paragraph #3, construction in and occupancy of areas that are above the as built
elevations of the Soil Cover are allowed. Structures on the Property are allowed without the risk evaluation, so long as the areas
capable of being occupied (including but not limited to basements, etc.) are entirely above the elevation of the Soil Cover.
Construction of foundations, utilities, and related structural components of buildings on the Property and subsequent maintenance
thereof, may penetrate the approved Soil Cover into areas of existing contaminated soil without such risk evaluation, so long as such
activity does not interfere with implementation of the RAP and Agreement and repair to the Soil Cover is completed in a timely
fashion, and so long as any utility manhole used in connection with such structural component is located outside of any building
structure. The elevations to be used as reference points for construction, to be completed in compliance with this section, are those
established by the as-built drawings for the Soil Cover that are on file with MDEQ and the City of Muskegon Engineering
Department. A health and safety plan shall be developed for persons involved in subsurface construction and maintenance activities
to assure protection of workers pursuant to all applicable worker safety laws.
3(B) All contaminated surface and subsurface soils found on the Property must be managed in accordance with the
requirements of Section 20120c ofNREPA and other applicable state and federal laws.
3(C) Any use of groundwater beneath the Property is prohibited.
4. Owner shall notify MDEQ of the Owner's intent to convey an interest in the Property, no less than fourteen (14) days prior to
consummating the conveyance. Notice to the MDEQ will not be required for leasing of space unless breaching of the Soil Cover may
occur by the tenant. A conveyance of title, an easement, or other interest in the Property shall not be consummated by the owner
without adequate and complete provision for compliance with the terms and conditions of this Restrictive Covenant.
5. The City of Muskegon hereby grants to the MDEQ and its designated representatives the right to enter the Property at
reasonable times for the purpose of determining and monitoring compliance with the RAP, including the right to take samples, inspect
the operation of the remedial action measures and inspect records.
6. The City of Muskegon and its designated representatives reserve the right, and the City also reserves unto MichCon and its
representatives the right, to enter the Property at reasonable times and on reasonable notice to maintain the Soil Cover and conduct
monitoring pursuant to the RAP and the Agreement.
7. The City of Muskegon retains, for itself and its designated representatives, and MichCon, the right to enter the Property at
reasonable times and on reasonable notice to implement response activities pursuant to the RAP and the Agreement.
The state may enforce the restrictions set forth in this Restrictive Covenant by legal action in a court of appropriate jurisdiction.
The restrictions shall run with the Property and shall be binding upon all owners, successors, lessees or assigns and their authorized
agents, employees, or persons acting upon their direction and control, and shall continue until the MDEQ or its successor approves
modifications or rescission of this Resn·ictive Covenant.
If any provision of this Restrictive Covenant is held to be invalid by any court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of any other provisions hereof. All such other provisions shall continue unimpaired in full force
and effect.
G:\COMMON\5\GTJ\MICHCON\RESTCITS.922 -2-
The undersigned persons executing this Restrictive Covenant on behalf of the City of Muskegon represent and certify that they are
duly authorized and have been empowered to execute and deliver this Restrictive Covenant.
IN WITNESS WHEREOF, the City of Muskegon has caused this Restrictive Covenant to be executed on this ~ day of
,T,,, {l ,2000
Signed in the presence of: CITY OF MUSKEGON
By ~
Fred J. Nielsen: \ i r
)1.A,-~/ •
1
L,'11d(\ s. lottf'/'
By ~0,- ~ r '
Gail A. Kundinger, Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on JtA / Y.. 3/ , 2000, by Fred J. Nielsen, Mayor, and
Gail M. Kundinger, Clerk, of the City of Muskegon, pursuant to the author1fy of the Muskegon City Commission.
Lt' rl d r, s. /o , _ r f' r
, Notary Public, Muskegon County, Michigan
My commission expires: _ .J,'i'_'__.«"'--"S'--
-- ""'o'"":i..
=-- - - - - - -
PREPARED BY AND WHEN
RECORDED RETURN TO:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\MICHCON\RESTCIT5.922 -3-
ATTACHMENT A
Legal Description of the Property
That part of Lot 10 of Block 563 of the Revised Plat of 1903 of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County, Michigan, described as follows: Commencing at the intersection of the
Northeasterly line of Terrace Street, being the Southwesterly line of Block 557 of said Revised Plat, extended to
the centerline of vacated Water Street; thence North 62 degrees 44 minutes 00 seconds West along the
Northeasterly line of Terrace Street extended 381.45 feet; thence westerly along the Northerly line of said
Terrace Street along the arc of 302.48 foot radius curve to the left a distance of269.86 feet to the Northeasterly
line of Lot 5 of Block 558 of said Revised Plat of 1903 (the long chord of said curve bears North 88 degrees 17
minutes 30 seconds West 261.00 feet, the central angel of said curve is 51 degrees 07 minutes 00 seconds);
thence continue Westerly along the Northerly line of said Terrace Street along the arc of said 302.48 foot radius
curve to the left a distance of207.65 feet (the long chord of said curve bears South 46 degrees 29 minutes 00
seconds West 203.60 feet, the central angle of said curve is 39 degrees 20 minutes 00 seconds); thence South 26
degrees 49 minutes 00 seconds West along the Northerly line of said Terrace Street 328.10 feet to POINT OF
BEGINNING of this description; thence continue South 26 degrees 49 minutes 00 seconds West along the
Northerly line of Terrace Street 205.00 feet to the Southwesterly line of said Lot 10 of Block 563; thence North
52 degrees 44 minutes 35 seconds West along said Southwesterly line 872.00 feet; thence North 43 degrees 27
minutes 45 seconds West along said Southwesterly line 109.50 feet; thence North 83 degrees 23 minutes 50
seconds East 271.44 feet; thence South 63 degrees 11 minutes 00 seconds East 435.00 feet, thence South 38
degrees 11 minutes 00 seconds East 330.00 feet to point of beginning. Containing 4.75 acres.
G:\COMMON\5\GTJIMICHCON\RESTCITS.922
NOTICE OF IMPOSITION OF
AMENDED DECLARATION OF RESTRICTIVE COVENANT
TO: DUDLEY CORPORATION
2920 Business One Drive
Kalamazoo, MI 49001
You are hereby notified that the City of Muskegon has recorded an Amended Declaration of Restrictive Covenant on
the property described in the attached legal description, upon which property you are the owner of an easement for
certain activities. It amends the covenant previously recorded at Liber 2291, Pages 154-157. The sole purpose of the
amendment is to clarify that Michigan Consolidated Gas Company and its representatives may enter the property to
perform environmental activities as required by their Remedial Action Plan and an agreement with the State of
Michigan Department of Environmental Quality, and to maintain the Soil Cover. The imposition of this Amended
Declaration of Restrictive Covenant and the recordation thereof are done pursuant to Section 9 of the Grant of
Easement, recorded at Liber 1389, Page 763, on April 28, 1987, in the Muskegon County Register of Deeds. The
Amended Declaration of Restrictive Covenant is recorded at Liber _ _ _~ Muskegon County Records, Page
- - - -. The property is located in a "facility" as defined in Part201 of the Natural Resources and
Environmental Protection Act of the State of Michigan.
Date: -~7~-~J~j_ _, 2000.
WITNESSES
:JIM<4~
' CJ/or"1. Cobtt,._" ·
~ L/h:r Ket.Ltai0 :) t.:_. _
~cr-:lnn k-'ru·11. IJ""-\( 1
STATE OF MICHIGAN'' ,'() -"~
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on -Jir, 31 2000, by Bryon L. Mazade, City
Manager of the City of Muskegon, pursuant to the authority of the Mus egon City Commission.
,::f&i&, ~ ~
L,nclc. s. ~
DRAFTED BY AND WHEN Notary Public, Muskegon County, Michigan
RECORDED RETURN TO: My commission expires: ?·-;;?.!,- o ;;/
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-162 l
G:\COMMON\5\GTJ\MICHCON\INTENT.NOT
ATTACHMENT A
Legal Description of the Property
That part of Lot IO of Block 563 of the Revised Plat of 1903 of the City of Muskegon, as recorded in Liber 3 of
Plats, Page 71, Muskegon County, Michigan, described as follows: Commencing at the intersection of the
Northeasterly line of Terrace Street, being the Southwesterly line of Block 557 of said Revised Plat, extended to the
centerline of vacated Water Street; thence North 62 degrees 44 minutes 00 seconds West along the Northeasterly
line of Terrace Street extended 3 81 .45 feet; thence westerly along the Northerly line of said Terrace Street along the
arc of302.48 foot radius curve to the left a distance of269.86 feet to the Northeasterly line of Lot 5 of Block 558 of
said Revised Plat of 1903 (the long chord of said curve bears N01th 88 degrees 17 minutes 30 seconds West 261.00
feet, the central angel of said curve is 51 degrees 07 minutes 00 seconds); thence continue Westerly along the
Northerly line of said Teimce Street along the arc of said 302.48 foot radius curve to the left a distance of 207.65
feet (the long chord of said curve bears South 46 degrees 29 minutes 00 seconds West 203 .60 feet, the central angle
of said curve is 39 degrees 20 minutes 00 seconds); thence South 26 degrees 49 minutes 00 seconds West along the
Northerly line of said Terrace Street 328.10 feet to POINT OF BEGINNING of this description; thence continue
South 26 degrees 49 minutes 00 seconds West along the Northerly line of Terrace Street 205.00 feet to the
Southwesterly line of said Lot IO of Block 563; thence North 52 degrees 44 minutes 35 seconds West along said
Southwesterly line 872.00 feet; thence North 43 degrees 27 minutes 45 seconds West along said Southwesterly line
109.50 feet; thence North 83 degrees 23 minutes 50 seconds East 271.44 feet; thence South 63 degrees 11 minutes
00 seconds East 435.00 feet, thence South 38 degrees 11 minutes 00 seconds East 330.00 feet to point of beginning.
Containing 4.75 acres.
G:\COMMON\5\GTJ\MICHCON\INTENT,NOT
Commission Meeting Date: July 25, 2000
Date: July 13, 2000
To: Honorable Mayor and City Commissio ers
From: Planning & Economic Development~
RE: Alley Vacation in Urban Renewal Plat No. 3, Block Bounded
by Getty St., Albert Ave., Mary St., and Ducey Ave.
SUMMARY OF REQUEST:
Request for vacation of the north/south alley in Urban Renewal Plat No. 3, block
bounded by Getty St., Albert Ave., Mary St., and Ducey Ave. This request is
associated with an approved Special Use Permit for a church to be located on Getty St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the proposed alley with the conditions outlined in the
attached resolution.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the proposed alley with the
conditions outlined in the attached resolution. The vote was unanimous.
7/13/2000
City of Muskegon
Planning Commission
Case #2000-26
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 12, 2000
Hearing; Case 2000-26: Request for vacation of the north/south alley in Urban
Renewal Plat No. 3, block bounded by Getty St., Albert Ave., Mary St. and Ducey Ave.,
by Lighthouse Tabernacle Church.
BACKGROUND
This request is part of the application by Lighthouse Tabernacle Church for a Special Use
Permit, which was conditionally approved at the June meeting. The alley currently splits the
block in half, and would not allow Lighthouse Tabernacle to build their proposed church
building. The alley does not physically exist. There are no utilities cutTently located in the
alley. The Fire Marshal and the Department of Public Works have no objections to vacating
the alley. The City Engineer also does not object, as long as the conditions outlined below
are attached to the vacation. Staff spoke to the applicant's architect and they have revised the
site plan so that no strncture will sit on top of the vacated alley area. The City Commission
approved the sale of the additional property to the church at their 6/27 meeting, conditional
upon the alley vacation being approved.
City of Muskegon Planning Commission• 7/12/00
CITY OF MUSKEGON
RESOLUTION 2000-?;2.(gl
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the alley in Urban Renewal Plat No. 3, block
bounded by Getty St., Albert Ave., Mary St. and Ducey Ave., City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on July 12, 2000 to consider the
petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the July 25, 2000 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 the alley;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
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 alley 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 interfere
with the repair, installation or maintenance of utilities in the easement, public or private.
BE IT FURTHER RESOLVED that the following conditions are applied:
I. The City reserves the rights to enter the area for any reason deemed necessary by the
City including but not limited to installation of new mains and/or services.
2. No structures will be erected on that area, except for a paved surface.
3. The area will not be considered part of any parcel for the purpose of establishing
required setbacks.
Adopted this 25 th day of July, 2000.
Ayes: Shepherd; Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
Absent: None
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, Michigan, at a regular
meeting held on July 25, 2000.
Gall Kundinger, CMC/AAE
Clerk, City of Muskegon
Commission Meeting Date: July 25, 2000
Date: July 11, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot in East Muskegon
SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildable lot designated as map# 24-
31-33-161-015 to Onesiphorus B. Burrel of 2131 Austin. The lot has 40 feet
of frontage and is located between Delano and Hackley Avenue. The parcel
is being offered to Mr. Burrel for $100. There is no other interested adjacent
property owner.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/13/00 1
ResolutionNo. 2000-72(h)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN EAST
MUSKEGON FOR $ 100.
WHEREAS, Onesiphorus B. Burrel has deposited $100 for map# 24-31-33-161-015, for the
subject parcel located between Delano and Hackley A venues;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
NOW THEREFORE BE IT RESOLVED, that map# 24-31-33-161-015 be sold to the above-
mentioned buyer.
(Welworth Lot 117)
Adopted this ----25tllday of July, 2000
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
Absent None
CERTIFICATION
I hearby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 25, 2000.
By: 0a,)_ ~ t,
Gail Kundinger, leti
Delano Ave. map# 24-31-33-161-015
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRE3ENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to ONESIPHORUS B. BURREL, of 212 SCHOOL1 Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
WELWORTHLOT 117
for the sum of One Hundred ($100) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.S0S(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this :J ,rtA day of July 2000
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrnment was acknowledged before me this Jhrday of July 2000, by FRED J. NIELSEN and
GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation,
on behalf of the City.
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 9- o2~--CJ .il,
Muskegon, MI 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Date: July 14, 2000
To: Honorable Mayor and City Commission
From: Department of Public Works
Re: City- M.D.O.T. Agreement for: Laketon Avenue, Wood
to Getty
SUMMARY OF REQUEST:
To approve the attached contract with M.D.O.T. for the reconstruction of
Laketon Avenue from Wood to Getty and to approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
M.D.O.T. participation is about $400,000 but not to exceed 81.85% of eligible
cost. The estimated total (including engineering) cost of the project is
$565,800.
BUDGET ACTION REQUIRED:
The City's share of the cost will come out of the Major Street Fund, as
budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2000- 72 {i l
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION (BITUMINOUS SURFACE, C & G,
GRADING, SIDEWALK, AND ALL NECESSARY RELATED WORK) ON LAKETON
AVENUE FROM WOOD STREET TO GETTY STREET AND AUTHORIZATION FOR
MAYOR FRED J. NIELSEN AND CITY CLERK GAIL A. KUNDINGER TO
EXECUTE SAID CONTRACT.
Moved by Commissioner Spataro and supported by
Commissioner _B""e~n~e~d:.:ic"'"t"-----
' - - - - - - that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract No. 00-5336 between the
Michigan Department of Transportation and the City of Muskegon for the
RECONSTRUCTION OF Laketon Avenue between Wood Street and Getty Street
within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement 00-5336 be and the same is
hereby authorized and approved, and the Mayor and City Clerk are authorized to execute
said contract for and on behalf of the City. ofMuskegon.
Adopted this 25t b day of _ _.,:.u.Jl.w.iJ-¥-y- -- ' 2000.
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on ,Jul y 25 ,
2000. 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.
TRANSPORTATION STATE OF MICHIGAN
COMMISSION
BARTON W. LaBELLE, Chairman
JACK L GINGRASS, Vlce Chairman
LOWELL B. JACKSON
BElTf JEAN AWREY
TEDB. WAHBY
JOHN ENGLER, GOVERNOR
JOHN W. GARSIDE
LH 0-0 (11/99)
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION BUILDING, 425 WEST OTTAWA POST OFFICE BOX 30050, LANSING, MICHIGAN 48909
PHONE: {517) 373-2090 FAX: (517) 373-0167 WEB SITE: http:/lwww.mdot.state.mi.us
JAMES R. DeSANA, DIRECTOR
June 29, 2000
Ms. Gail Kundinger, Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536
Muskegon, MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract No.: 00-5336
Control Section STH 61609; STUL 61407
Job Number 53791; 53798
Enclosed is the original and one copy of the above described contract between your organization and
the Michigan Department of Transportation (MDOT). Please take time to read and understand this
contract. If this contract meets with your approval, please complete the following checklist:
Please do not date the contracts. MDOT will date the contracts when they are executed.
A contract is not executed unless it has been signed by both parties.
Secure the necessary signatures on all contracts.
Include a certified resolution. The resolution should specifically name the officials who
are authorized to sign the contracts.
Return all copies of the contracts to my attention of the Department's Design Division,
2nd floor for MDOT execution.
A copy of the executed contract will be forwarded to you. If you have any questions, please feel free
to contact me at (517) 335-2264.
Sincerely,
~k,:V 1eu/w·~~
Jackie Burch
Contract Processing Specialist
Enclosure Design Division
STP DIR
Project STP 0061 (320) (319)
Job Number 53791;53798
Control Section STH 61609; STUL 61407
Fed Item# RR 2480; HH 2509
Contract No. 00-5336
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made and entered into this date of_ _ _ _ _ _ _ _ _ _ _, by and between the MICHIGAN
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and
the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY"; for the purpose of fixing the rights and obligations of the parties in
agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred
to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated June 21, 2000, attached hereto
and made a part hereof:
PART A- STH 61609; JOB# 53791; STP 0061 (320); RR 2480
Bituminous resurfacing and left-tum lane construction work along Laketon Road at the
intersections of Wood Street and Getty Street; and all together with necessary related work.
PART B - STUL 61407; JOB# 53798; STP 0061 (319); HH 2509
Bituminous resurfacing work along Laketon Road from Wood Street to Getty Street;
including curb and gutter and drainage structure work; and all together with necessary related
work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
SURFACE TRANSPORTATION PROGRAM
09/06/90 STP.FOR 6/21/00 1
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form of a written
contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings ofthe
parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will be
charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering, construction
engineering and inspection, and right-of-way are excluded from the PROJECT COST as defined by
this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT orto the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and inspection
services necessary for the completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being part of the improvement. No timing adjustments shall be
made by the REQUESTING PARTY at any trunkline intersection, without prior issuances by the
09/06/90 STP.FOR 6/21/00 2
DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transportation Funds shall be applied to the eligible items of the
PART A portion of the PROJECT COST at the established Federal participation ratio
equal to 80 percent up to an amount not to exceed $200,000. The balance of the
PART A portion of the PROJECT COST, after deduction ofFederal Funds, shall be
charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
It is understood that all safety projects, including the PART A portion of the
PROJECT under this contract, are subject to a maximum level of funding established
to be $200,000.
PARTB
Federal Surface Transportation Funds shall be applied to the eligible items of the
PART B portion of the PROJECT COST at the established Federal participation ratio
equal to 81.85 percent up to an amount not to exceed $200,000. The balance of the
PART B portion of the PROJECT COST, after deduction of Federal Funds, shall be
charged to and paid by the REQUESTING PARTY in the manner and at the times
hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share of
the PROJECT COST upon receipt ofprogress billings from theDEP ARTMENT as herein provided.
All payments will be made within 30 days ofreceipt ofbillings from the DEPARTMENT. Billings
to the REQUESTING PARTY will be based upon the REQUESTING PARTY'S share of the actual
costs incurred less Federal Funds earned as the PROJECT progresses.
In the event of any discrepancies between PART I and PART II, the provisions of PART I
shall prevail.
7. Upon completion of construction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
09/06/90 STP .FOR 6/21/00 3
· 8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and is
not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection of
property within the existing right of way on which construction is to be performed to determine if
any hazardous substances were present; and at sites on which historically were located businesses
that involved hazardous substances, it performed a reasonable investigation to determine whether
hazardous substances exist. This reasonable investigation should include, at a minimum, contact
with local, state and federal environmental agencies to determine if the site has been identified as,
or potentially as, a site containing hazardous substances; d) it did not cause or contribute to the
release or threat ofrelease of any hazardous substance found within the PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of any
hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the REQUESTING
PARTY has included all estimated costs ofremediation of such hazardous substances in its estimated
cost of construction of the PROJECT.
I 0. If, subsequent to execution ofthis contract, previouslyuuknown hazardous substances
are discovered within the PROJECT limits, which require environmental remediation pursuant to
either state or federal law, the REQUESTING PARTY, in addition to reporting that fact to the
Department ofEnvironmental Quality, shall irnmediatelynotifythe DEPARTMENT, both orally and
in writing of such discovery. The DEPARTMENT shall consult with the REQUESTING PARTY
to determine if it is willing to pay for the cost of remediation and, with the FHWA, to determine the
eligibility, for reimbursement, of the remediation costs. The REQUESTING PARTY shall be
charged for and shall pay all costs associated with such remediation, including all delay costs of the
contractor for the PROJECT, in the event that remediation and delay costs are not deemed eligible
by the FHWA. If the REQUESTING PARTY refuses to participate in the cost of remediation, the
DEPARTMENT shall terminate the PROJECT. The parties agree that any costs or damages that the
DEPARTMENT incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay the
cost of remediating any hazardous substances discovered after the execution of this contract and if
there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation with the
Department of Environmental Quality and the DEPARTMENT, shall make a diligent effort to
recover such costs from all other possible entities. If recovery is made, the DEPARTMENT shall
09/06/90 STP .FOR 6/21/00 4
be reimbursed from such recovery for the proportionate share of the amount paid by the FHWA
and/or the DEPARTMENT and the DEPARTMENT shall credit such sums to the appropriate
funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
The providing ofrecommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a-governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes ofMCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3.996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
09/06/90 STP.FOR 6/21/00 5
16. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result of being named as an insured
on the owners protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
09/06/90 STP.FOR 6/21/00 6
17. This contract. shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By _ _ _ _ _ _ _ _ _ _ __
Department Director MDOT
09/06/90 STP.FOR 6/21/00 7
June 21, 2000
EXHIBIT I
PROJECT STP 0061 (320) (319)
JOB NUMBER 53791;53798
CONTROL SECTION STH 61609; STUL 61407
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $250,100 $315,700 $565,800
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $250,100 $315,700 $565,800
Less Federal Funds* $200,000 $200,000 $400,000
BALANCE (REQUESTING PARTY'S SHARE)$ 50,100 $115,700 $165,800
*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT COST
at a participation ratio equal to 80 percent up to an amount not to exceed $200,000 and to the eligible
items of the PART B portion of the PROJECT COST at a participation ratio equal to 81. 85 percent
up to an amount not to exceed $200,000.
NO DEPOSIT
09/06/90 STP.FOR 6/21/00 8
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION III ACCOUNTING AND BILLING
-
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
1
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 of the Code of Federal Regulations (CFR), and
all supplements and amendments thereto.
1. Engineering
a. FAPG (23 CFR 140G): Payroll & Related Expense of Public Employees;
General Administration and Other Overhead; and Cost Accumulation Centers
and Distribution Methods
b. FAPG (6012.1): Preliminary Engineering
c. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
d. FAPG (23 CFR 635A): Contract Procedures
2. Construction
a. FAPG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
C. FAPG (23 CFR 140G): Reimbursement for Employment of Public
Employees on Federal-Aid Projects
d. FAPG (23 CFR 17): Recordkeepingand Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
e. FAPG (23 CFR 635A): Contract Procedures
f. FAPG (23 CFR 635B): Force Account Construction
g. FAPG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
03-15-93 2
h. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
1. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
3. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 1401): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEP ARTMENTwill advertise and award all contracted portions ofthe PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.-
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction; and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency, firm,
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements will be covered by formal written agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined cost criteria such as 49 CFRPart 18, 48 CFRPart 31, 23 CFRPart 140, 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172), which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party with
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. The REQUESTING PARTY shall establish and maintain accurate records, in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment of Federal Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable expenses
or any other issue under this contract, the REQUESTING PARTY shall thereafter
continue to maintain the RECORDS at least until that dispute has been finally
decided and the time for all available challenges or appeals of that decision has
expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY
may supply appropriate excerpts and make alternate arrangements to conveniently
03-15-93 7
and reasonably make that documentation available for review by the
DEPARTMENT. The RESPONSE shall refer to and apply the language of the
contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE
within the sixty ( 60) day period constitutes agreement with any disallowance of an
item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. Ifthe DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT orreach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
2. Agreed Unit Prices Work - All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent F APG Directives and Guidelines of the FHWA.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
03-15-93 8
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $ I ,000.00 shall be submitted unless it is a final or end of fiscal year
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies, the
DEPARTMENT will act as billing agent for the REQUESTING PARTY,
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible co.sts. ·
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments ofFederal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
03-15-93 9
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
2. In the event that the bid, plus contingencies, for the contracted, and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract, the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (10) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
03-15-93 10
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C( 1).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (100%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 11
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
I. All Projects:
Properly maintain and operate each part ofthe project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices, and will not install, or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration
for traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
c. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without priorreview by the
DEPARTMENT and approval of the FHWA, ifrequired.
03-15-93 12
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 13
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has beenreimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (10th) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no costto the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the ~pplicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 14
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Snch action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed hy or on behalf of the contractor, state that
· all qnalified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of
a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he bas a collective bargaining.agreement or other contract or understanding, a notice advising the said.labor union
or workers' representative oftbe contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit ac.cess to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations or directives. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so certify to
the Michigan Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a _violation of this agreement. Upon
notification to the recipient ofits failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 !Ind may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which ml)Y result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Commission Meeting Date: July 25, 2000
Date: July 11, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Sale of Vacant Land for In-fill Program
SUMMARY OF REQUEST:
To approve the sale of the vacant lots designated as map numbers 24-31-21-
251-028 and 029 to Tamia Scott of 980 Ducey Street. The combined lots have
112. 7 feet of frontage and are located on Ducey between Creston and Roberts
Streets. The parcel is being offered to Ms. Scott for $3,500. At the January 11,
meeting, the commission approved the sale of this lot to another buyer, who has
since dropped out of the program. Ms. Scott meets the criteria for the In-fill
program and has agreed to the original design of the three-bedroom home with
two-stall garage. The approximate square footage of the home is 1,400.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/13/00 1
Resolution No. 2000-72 ( j)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF AVACANT LOTS IN MARQUETTE FOR THE
CONSTRUCTION OF THE THIRD INFILL HOUSE FOR $3,500.
WHEREAS, Tamia Scott meets all criteria for the In-fill program and has secured a mortgage for
the house that will be built on map numbers 24-31-21-251-028 and 029;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
WHEREAS, the sale is in compliance with HUD and HOME criteria regarding In-fill;
NOW THEREFORE BE IT RESOLVED, that map numbers 24-31-21-251-028 and 029 be sold
to the above-mentioned buyer.
(Urban Renewal PJat'No. 2 W. 50 Ft. Lot 441)
&
(Urban Renewal Plat No. Lot 442 & E. 6 ft of Lot 441)
Adopted this --25..th_ day of July, 2000
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict , Nielsen , Schweifler
Nays: None
Absent None
r d J. Nielsen, Mayor
Attest: ~ ~~
Gail Kundinger,erk
CERTIFICATION
I hearby ce1iify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan ta regular
meeting held on July 25, 2000.
111 I 111 I 1111
Marquette Ave. Marquette Ave.
Ducey Ave. map# 24-31-21-251-028 & 02_9~~-~~~-~-~~-
James Ave.
Commission Meeting Date: July 25, 2000
Date: July 11, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development t-13c,
RE: Sale of Non-Buildable Lot in Angell Neighborhood
SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildable lot designated as map# 24-
31-20-339-004 to Annie Fox of 763 Wood Street. The lot has 36 feet of
frontage and is located between Mrytle and Oak Avenues. The parcel is
being offered to Ms. Fox for $100. There is no other interested adjacent
property owner.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/12/00 I
Resolution No. 2000-72(m)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN ANGELL
NEIGHBORHOOD FOR $100.
WHEREAS, Annie Fox has deposited $100 for map# 24-31-20-339-004, for the subject parcel
located between Mrytle and Oak Avenues;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots; ·
NOW THEREFORE BE IT RESOLVED, that map# 24-31-20-339-004 be sold to the above-
mentioned buyer.
(N 36 Ft Lot 8 Blk 198)
Adopted this ..25th day of July, 2000
Ayes: Shepherd , Sieradzki, Spataro, Aslakson, Benedict , Nielsen, Schweifler·
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 25, 2000.
Gail Kundinger,
N
~Cl.
W*E
s
,.•.
White Ave.
%- Annie
~ t,•~
~'! Fox
~
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~
;;·
3
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map # 24-31-20-339-004 Oak Ave.
QUIT-CLAIM DEED
KNOW ALL MEN BY TH2SE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to ANNIE FOX, of763 Wood Street1 Muskegon, MI 49442
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
N 36 Ft Lot 8 Blk 198
for the sum of One Hundred ($100) Dollars.
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).
Dated this c;/lS t/2 day of July 2000
Signed in the presence of:
CITY OF MUSKEGON
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this Jbr-day of July 2000, by FRED J. NIELSEN and
GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation,
on behalf of the City.
PREPARED BY:
G. Thomas Johnson
Parmenter O' Toole Notary Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: 9 o?r- O .2.
Muskegon, MI 49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Commission Meeting Date: July 25, 2000
Date: July 17, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development C.i!f'.--
RE: Sale of Non-Buildable Lot in Marquette Neighborhood
SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildable lot designated as map# 24-
31-21-203-008 to Mr. Shane Fairfield of4238 Squaw Creek. Mr. Fairfield
purchased the adjacent buildable lot and intends to construct a single family
home within 18 months. The subject parcel is located at the end of the cul-de-
sac on Adams Avenue and has 33 feet of frontage. The parcel is being
offered to Mr. Fairfield for $100. There is no other adjacent property owner.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax
rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the
Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:
None.
07/18/00 1
Resolution No. 2000- 72 ( n)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN MARQUETTE
NEIGHBORHOOD FOR $100.
WHEREAS, Shane Fairfield has deposited $100 for map# 24-31-21 -203-008, for the subject
parcel located at the end of the cul-de-sac on Adams Avenue;
WHEREAS, the sale would relieve the City of further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;
NOW THEREFORE BE IT RESOLVED, that map# 24-31-21-203-008 be sold to the above-
mentioned buyer.
(Urban Renewal Plat No. 4 North 33 ft Lot 790)
Adopted this ___25ill day of July, 2000
Ayes: Shepherd, Sier adzki, Spat ar o , As lakson, Benedict , Nielsen, Schweifler
Nays: None
Absent None
J. Nielsen, Mayor
=-- .L
Attest: -=:::.a_J_
::= ' .:. . . :::=:=~=~·=--
Gail Kunding Clerk
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 25, 2000. . ~
By: ~ S2N
Gail Kundinger, erk
N
1-203-008 w E
Adams Ave.
s
Shane
Leonard Ave. Leonard Ave.
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS to SHANE FAIRFillLD, of 4238 SQUAW CREEK_, Muskegon, MI 49441
The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
URBAN RENEWAL PLAT NO. 4 NORTH 33 FT LOT 790
for the sum of One Hundred ($100) Dollars.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this d{0°1~day of July 2000
Signed in the presence of:
CITY OF MUSKEGON
~ SJ/7ofot4 Fred ielse~, o/ Mayor ,
~ ~~ l<~ slL and___,&~ :L=----.,<'
Q_ . ~~ ~ ~-N--
. -:so IJ I\) i) Krv ~~~r1 Gail A. Kundinger, Its Cleit)
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 3Js r day of July 2000, by FRED J. NIELSEN and
GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation,
on behalfofthe City.
PREPARED BY:
G. Thomas Johnson L ✓- ,1 cfq S. /'orr-r-r
Parmenter O'Toole Notaiy Public, Muskegon County, Michigan
P.O. Box 786 My commission expires: ;1-,;) .::,--_ C) .:2..
Muskegon,MI49443-0786
Telephone: (231) 722-1621 When Recorded Return to: Grantee
Send Subsequent Tax Bills to: Grantee
Commission Meeting Date: July 25, 2000
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ('JiJG,
RE: Purchase of 419 W. Delano St. - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 419 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Mr. Kevin Schmidt, 419 W. Delano Street, Muskegon,
Michigan on July 5, 2000. The purchase price is $38,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 419 W.
Delano Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
7/17/2000 1
Resolution No. 2000-72( 0 )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
419 W. DELANO STREET FOR $38,000
WHEREAS, the City of Muskegon and Kevin Schmidt have entered into a purchase agreement
for property located at 419 W. Delano Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 419 W. Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 419 W. Delano Street, Muskegon, Michigan for the amount of
$38,000.
Adopted this 25th day of July 2000.
AYES: Shepherd, Sieradzki , Spataro, Aslakson, Benedict , Nielsen, Schweifler
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on July 25, 2000. . / .
}j.a.JL ~~~UJ
Gail Kundinger, Cler~
7/17/00 2
REAL ESTATE PURCHASE AGREEMENT
THI~ &\GREEMENT is made _j ~~'I S 2000, by and
between Keu,.t/ 5=J..,_,df and _ _ _ _ _ _ _ _ , a
S, 0 \ l < ifVI O..".) , of __,_L/_,lc_Cl,_/__,l.J:o::.::·_·;<'.o__Sce_._l0.""-.:'.,vle..,0"----------------'
Musk¥gon, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
'{,=:,._.l'--1&, f, L.....J-:ct....L...:.-C.,e.,-..._5 ,o..oo:r...~r-\ ~ ~A~ US FT. LoTS
s ;,_c, '-\ BL~ d<'- '-/
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be -\o-1::r..re.,--i - f::::;:,.._,...-- -, t-1o~sA-N<:>
($ s"is, cu:) ) Dollars, payable in cash or city check to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
5. Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termination of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer
as follows:
To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.
Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.
The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day
and year first above written.
WITNESSES: BUYER: CITY OF MUSKEGON
By "'~
SELL R:
ff vv~LL_,.,b/
)
(SS# _ _ _ _ _ _- - 1
l c~ II I • ~I~J ~_ _Ha_ckley Aven_ue- -
n::c~ A
Commission Meeting Date: July 25, 2000
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Q.8/l,,,
RE: Purchase of 437 W. Delano St. - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 437 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Mrs. Jean Johnson, 437 W. Delano Street, Muskegon,
Michigan on July 5, 2000. The purchase price is $53,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 437 W.
Delano Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
7/17/2000
Resolution No. 2000- 72 ( p)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
437 W. DELANO STREET FOR $53,000
WHEREAS, the City of Muskegon and Jean W. Johnson have entered into a purchase
agreement for property located at 437 W. Delano Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 437 W. Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 437 W. Delano Street, Muskegon, Michigan for the amount of
$53,000.
Adopted this 25th day of July 2000.
AYES: Shepherd, Sieradzk i, Spataro , Aslakson, Benedict , Nielsen , Schwei fler
NAYS: None
ABSENT: None
BY:
4 ~#,- ~
Fred J. K r ;n, ~yor
ATTEST: ~ L~ ~
Gail Kundinger, Clerk ]
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on July 25, 2000. ~ ~e,J
Gail Kundinger, Clerk
7/17/00 2
REAL ESTATE PURCHASE AGREEMENT
_\ - t... 'I S 2000 , by
~~~'f4!fo)12~~,0;:W d _ _ _ _ _ _ _ __, a widow,
3 L.- , Muskegon,
Michigan 49444 ("Sel er"), and the CITY OF MUSKEGON, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
/2_
~ ..... ~~ iACD.J:T.:t;.:).I..J j L..:>.Ji'.'.. $T I 1_bl.S
;s.J'->D '2'.'.,,_s, "S'i f'T. ._~.--s 3, ,._o ~ BL..c<.k:_ 3
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be f:..,.,:,,~1 --,""'~'- ~... ..,~-s.,,,_~s::::,
($ -Ss, 000 ) Dollars, payable in cash or city check to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notificatiorrthereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
5. Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termination of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer
as follows:
To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.
Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.
The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.
8. Condition of Premises and Examination by Buyer. NO
IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS
FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES
SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER
EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS,"
SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES.
BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THE BUILDINGS AND IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for
any real estate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.
10. Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ _ , 2000 ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than _ _ _ _ _ __
14. Costs. Seller shall be responsible to pay the Michigan transfer tax
in the amount required by law. Seller shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent
required by this Agreement. Buyer shall pay for the cost of recording the
warranty deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day
and year first above written.
WITNESSES: BUYER: CITY OF MUSKEGON
By Ji,.
Fred J. · · lsen,,ayor
By a;J_,o, ~
Gail A. Kundinger, Clerk
~
(SS#_ _ _ _ _ ____,
~~]/ 7 IT77 I r . ~ - Hackley Avenue
A
Commission Meeting Date: July 25, 2000
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentC.-l'G
RE: Purchase of 441 W. Delano St. - Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 441 W. Delano Street pursuant to the City of
Muskegon goal of creating the Seaway Industrial Park. This request is pursuant to a
purchase agreement signed by Mr. Bill Twining, 441 W. Delano Street, Muskegon,
Michigan on July 11, 2000. The purchase price is $31,500.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 441 W.
Delano Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
7/17/2000
Resolution No. 2000-12 ( q)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
441 W. DELANO STREET FOR $31,500
WHEREAS, the City of Muskegon and William Twining have entered into a purchase
agreement for property located at 441 W. Delano Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 441 W . Delano Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 441 W . Delano Street, Muskegon, Michigan for the amount of
$31,500.
Adopted this 25th day of July 2000.
AYES: Shepher d, Sieaadzki , Spataro, Asl akson, Benedi ct , Nielsen , Schweif ler
NAYS: None
ABSENT: None
BY:
ATTEST:
Gail Kundinger, Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
meeting held on July 25, 2000. ~ L
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
W
Gail Kundinge~J
7/17/00 2
REAL ESTATE PURCHASE AGREEMENT
THIS AGRE);fYJENT is m~de, 7 - / /-,,:,~ , 200_, by
and between U/,,//,'"'£4- 7,;Z-, = n d _ _ _ _ _ _ _ _~
A '5, Me; t.e:... t/tf"t ,,,, , of ~ vV: t.,,,.,,,a, Pe.
Muskegdn, Michigan 49444 ("Seller"), and the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
'--f c,._r-.,,,G,. : 1.,.v:C\...~-s. ~Da:..TI...::l-l j ~~<Cf.I Li f FT.
Le~ '3 ~o '-I 'Bu'OO:.. 3..
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be 11,1-=-rf - ,0....,.._ T..i..-s,,_,._.o - F::r-.,s: 4_,e,r,.-u:,
($ 31, Sau ) Dollars, payable in cash or city check to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
5. Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termination of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer
as follows:
To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.
Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.
The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misreprese·ntation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.
8. Condition of Premises and Examination by Buyer. NO
IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS
FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES
SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER
EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS,"
SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES.
BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THE BUILDINGS AND IMPROVEMENTS THEREON.
9. Recd Estate Commission. Seller shall be solely responsible for
any real estate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.
10. Closing. The closing date of this sale shall be on or before
_ _ _ _ _ _ _ __, 2000 ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than _ _ _ _ _ _ _ ,
14. Costs. Seller shall be responsible to pay the Michigan transfer tax
in the amount required by law. Seller shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent
required by this Agreement. Buyer shall pay for the cost of recording the
warranty deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day
and year first above written.
BUYER: CITY OF MUSKEGON
"I
L) n di,?. /,_-, r i- ::~ ,,.,.
SELLER:
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(SS#
(SS#_ _ _ _ _ _~
Hackley Avenue
A
Commission Meeting Date: July 25, 2000
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development U3c.,_
RE: Purchase of 2029 Park St. • Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 2029 Park Street pursuant to the City of Muskegon
goal of creating the Seaway Industrial Park. This request is pursuant to a purchase
agreement signed by Adam Wilson, 2029 Park Street, Muskegon, Michigan on June
30, 2000. The purchase price is $44,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 2029 Park
Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
7/17/2000
Resolution No. 2000- 72 ( r)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT
2029 PARK STREET FOR $44,000
WHEREAS, the City of Muskegon and Adam A. Wilson have entered into a purchase
agreement for property located at 2029 Park Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 2029 Park Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 2029 Park Street, Muskegon, Michigan for the amount of
$44,000.
Adopted this 25th day of July 2000.
AYES: Shepherd, Si er adzki, Spataro , Aslakson , Be nedict , Nielsen, Schwei fler
NAYS: None
ABSENT: None
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on July 25, 2000. ~ , / _
~~a(Zy
Gail Kundinger, Clerk
7/17/00 2
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made l? - .10 ..
~'<Qdo --;zOGO, by and between
ADAM D. WILSON, a single man, of2029 Park Street, Muskegon, MI 49441 ("Seller"), and
the CITY OF MUSKEGON, a municipal corporation, of933 Ten-ace Street, Muskegon,
Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises"), in the City of Muskegon, Muskegon County, Michigan,
specifically described as:
Young and Williams Addition, Lot 10, Block 1;
subject to the reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Forty-four Thousand ($44,000) Dollars, payable in cash or city check to Seller at
Closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by the Seller prior to or at Closing. Taxes shall be prorated at
closing in accordance with MCLA 211.2. All taxes and special assessments which become due
and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If the Seller fails to resolve such restrictions
or remedy the title within the time above specified or fails to obtain satisfactory title insurance,
this Agreement will be terminated at the Buyer's option. The premium for tl1e owners title policy
shall be paid by Buyer. ,
G:\COMMON\5\GTJIC-RLEST\WILS.PA - 1-
5. Personal Property and Fixtures. All personal property and fixtures which the
Seller wishes to remove shall be removed on or before Closing. The parties are aware that the
Buyer intends to demolish the house. Any personal property which is left on the Premises shall
be the property of Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by
Seller as of the Closing. Seller agrees to indemnify Buyer and hold it hamiless from and against
any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including,
but not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of
the warranties set fo1ih in this paragraph. The representations, warranties and covenants set forth
in this paragraph shall survive the Closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSL Y·WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT, HOWEVER, TO THE EXPRESS
G:\COMMON\5\GTJ\C-RLESnWILS.PA -2-
COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS
PURCHASE AGREEMENT; ALSO SUBJECT TO THEWARRANTY OF SELLER THAT
NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for any real estate
commission or expenses of a broker or real estate consultant retained, employed, or utilized by
Seller. Seller agrees to indemnify and hold the Buyer harmless from any liability, including
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for such
real estate commission or expenses arising from this transaction.
10. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _,
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. The parties shall execute an IRS Closing
Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the warranty deed to be delivered at Closing.
I 5. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
G:\COMMON\5\GTJ\C-RLESDWILS. PA -3-
d. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: BUYER: CITY OF MUSKEGON
)
_.;:--..
-:-:-(.~~_,_,y·L,.i\ ' , : ,•,' ,'
ByJa-1'.Q~~-='.'.\~..,,,,d~~::1,JL__ _
Gail A. Kundinger, Clerk
PREPARED BY:
G. Thomas Johnson
Parmenter O'Toole
175 W. Apple Avenue
Muskegon, MI 49443-0786
Telephone: 231/722-1621
G:\COMMON\5\GTJ\C-RLESTIWILS.PA -4-
·-[J ITU] D] J
-~tlIW fl l U
F~hj~TIITT @rJ 2029 Park Street
,,-1~rl~ ~~ f ~ -
!l_L~J ~~r ,
J c- JC I I [ [Jl 1-1
eaw~"l\<'ll
Hackley Avenue
A
CITY COMMISSION MEETING
Tuesday July 25, 2000
TO: Honorable Mayor and City Commissioners
FROM: Anthony Kleibecker, Chief of Police
DATE: July 18, 2000
SUBJECT: FY 1998 Local Law Enforcement Block Grant
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve the use of FY 1998 Local
Law Enforcement Grant money to purchase I 00 Safariland holsters (Model 6280). These
are duty holsters to be worn with our uniforms. These particular holsters are known as
Level II safety holsters. They provide added security for the officers especially in cases
where officers are involved in altercations. The design of this particular holster greatly
reduces the chance that the officers' gun will be removed against his/her will and used
against the officer or other members of the community.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
$8,500.00 in grant money to be utilized for this purchase. Nye Uniform of Grand Rapids,
Michigan submitted the low bid. Money from the FY 1998 LLEBG must be expended no
later than September 30, 2000.
STAFF RECOMMENDATION:
Based upon safety considerations, staff recommends that the Commission authorize the
purchase of these holsters.
BID PROCESS:
Bids were accepted from the following vendors:
Nye Uniform
Grand Rapids, MI $85.00 per holster
Michigan Police Equipment
Charlotte, MI $87.95 per holster
Galls
Lexington, KY $109. 99 per holster
Nye Uniform was accepted as the low bidder.
CITY COMMISSION MEETING
Tuesday July 25, 2000
TO: Honorable Mayor and City Commissioners
FROM: Anthony Kleibecker, Chief of Police
DATE: July 18, 2000
SUBJECT: FY 1998 Local Law Enforcement Block Grant
SUMMARY OF REQUEST:
Police Department staff request that the Commission approves the use of FY 1998 Local
Law Enforcement Grant (LLEBG) money to purchase 15 Sony digital cameras and 2
Sony video cameras. The digital cameras will be utilized by patrol officers, community
police officers, detectives and traffic officers. The video cameras will be used for
recording crime scenes and for traffic accident reconstruction. The digital cameras will
be stored in the police vehicles. Having the cameras accessible will allow the officer to
record a scene immediately, with no delay involved for either the officer or the
community.
This camera package includes protective cases, 3 printers, and compact discs for photo
storage and supporting software.
FINANCIAL IMP ACT:
Based upon the current costs associated with buying and processing film, we estimate
that we will save $12,000.00 per year from our general fund budget by transitioning to a
digital system.
BUDGET ACTION REQUIRED:
$19,950.00 in grant money to be utilized for this purchase. Technical staffhave assisted
us in preparing this camera package. There would be a number of vendors involved.
Money from the FY 1998 LLEBG must be expended no later than September 30, 2000.
STAFF RECOMMENDATION:
Based upon the cost savings to the department, staff recommends that the Commission
authorize the purchase of this video system.
Memorandum
To: Capt. Dan Stout
CC: D/Sgt Dean Roesler
From: Det John Corrigan
Date: 05/31/00
Re: Digital Cameras
Capt Stout
The prices for the items listed below can change between this time and the time that the order is
placed. Also note that the cameras will be harder to get the longer we take to get them. If you
remember some item that I have forgotten let me know. Listed with the memo is an overview of
each piece of equipment that you can read and make sure it is what we are looking for.
QUANl1Y ITEM MODEL# PRICE/PER TOTAL
3 H-P printer 1220 Cse $499.99 $1499.97
1 write/read CD H-P 9111 $299.99 $299.99
15 Camera's DS-s70 $750.00 $11250.00
(Sony)
2 Memory sticks 64/Sony $140.00 $280.00
1 Software $100.00 $100.00
20 R/WCD's $20.00 $20.00
2 Video Camera GL-1 $2500.00 $5000.00
(Sony)
15 Camera cases Acc-Css $80.00 $1200.00
1
May 31, 2000
(extra battery/stick)
2 Pelican Hard Cases $100.00 $200.00
(for video camera's)
10 DV video cassettes $9.95 $99.50
TOTALS $19949.46
2
Date: July 12, 2000
To: Honorable ~aJ~nd City Commissioners
From: RicScott~
✓
RE: Forestry Policies Amendments
SUMMARY OF REQUEST:
To adopt the amended Forestry Department Policies
FINANCIAL IMPACT:
Added a cost for the removal of good or marginal trees
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
,Hli r ma livr .-\c l ion
23 1/724-6711)
F.-\ \1722- 12 14
.-\s.S l'.SSOI'
23 1/72 4-6708
F.-\\ /72<,-5 181
Cl' llll' l l'I"_\'
23 1/724-/, 78)
F.\\/726-561 7
C ivil Se rv in·
231 /724-6 7 16
FA\/?H-44115 West Michigan's Shoreline City
Cier i,
2.1 1/724-6 7115
FA\/7 H -4 17H
Date : July 12 , 2 000
To: Honorable MaJff~ City Commissioners
23 l /7H-67 l 7
F. \ \/72 6-2:,ll l
From: Ric Scott /Y(7ZAV
En gi1H"l' rin l,!.
23 1/724-67117 Re: Forestry Policy Amendments
F.-\ \ /727-69114
Attached is a copy of the proposed amended Forestry
Fin ann·
2J l /724-<, 7 1J
Department Policy. The City Commission many years ago
F.-\ \/724-(, 7(,S adopted the original policy . I recommend that you adopt
Fin· Dl' J)I. the attached amended policy.
23 1/72 4-6792
F.-\ \ /72~-(,985 The primary change to the policy is the creation of a
l 11co111C' T:n
set of fees for the removal of good or marginal trees
2J I/7 N -6 77ll that we would not remove , except at the request of the
F.-l\/72~-6 768
owner. All too often , we are requested to remove trees
Info. Sys te ms that are in the way of some property owner. We have
23 1/7 24-(,744
F..\\/ 722-4311 I sidewalk issues , driveway issues , marginal species ,
l.l'b,llrl' Scn·il'l'
sightline issues, etc ., that people want us to remove
2J 1/7H-67U4 the tree. Currently , we generally tell them we won' t
Fr\\/724- 1 I %
remove i t , but there are times when the tree does go . We
'.\ l ana ~L·r'!-> Orlicr do charge the owner currently $150 to purchase a
2J I /7H -<, 72•
F \X/722 - 12 I •
replacement tree.
1\ layu r ' ,; Offi ce We believe that the owner should not only pay the
23 1/72.J-670 I
F.-\ \/722 - 12 1•
proposed increased fee of $200 for a replacement tree
but should pay the cost of the removal as well . We a r e
not proposing they pay for dead or dying trees, just
2J l/7H -67 l 5 good or marginal trees that don't need to be removed
F.-1 \/726-250 1
because of their condition. The range for the fee is
Pla1111i11g/ Zo11i11g based on the diameter of the tree as measured 4" above
2J 1/724-6702
F.-1 \/7H-671)0 grade .
Pulil'l' lkpt. This policy will do two things. Generate additional
2J 1/724-/, 7:'ill
F.1\1722-5 1411
money that can be used to plant trees , and will
eliminate many of the requests for tree removals.
Puhlir \\'o rl,!i
2.l I /7N-• I 1111
FA\/722-.J I XX
Staff believes that this will be a good addition to the
policy, and would recommend adoption of the policy .
Tn·;1~u r c r
23 l/7N-<,7211 Thank you for your consideration .
FAX/72~-6768
\\',11rr llilliug D<'l'I.
23 1/7H-/,7 I S
FA\/72 • -6768
\ \' :ill'r Filt ration
2J l/7H--1 I 116
F.-1.\/7:\5-5290
City of Muskego n, 933 Terrace St reet, P.O . Box 536, M uskego n, Ml 49443-0536
FROM ,~':METERY PHOME MO. 7265617 J•.d. 12 2000 02: 16PM Pl
~ .
2000-73(d)
FORESTRY DEPARTMENT POLICIES
TllEE REMOVAL POLICY
A. Purpose
To set up criteria. and procedures for carrying out those criteria, for rtmoving and
planting trees.
B. Definition of Tree Quality
l. Good Species
Trees that have the appropriate mature size for the growing site, are relatively pest
free, and have a matme fonn acceptable for a street tree.
2. Marginal Species
Trees that have the appropriate mature size for the growing sit,, are relatively pest
free and have a mature form acceptable for a street tree.
3. Poor Species
Trees that will have a mature size too large for the grm ;ing site have pest
problems and/or have a matw·e form unacceptable. for a street tree.
Including:
A) Chinese Elm
B) Siberian Elm
C) Sumac
D) Tree of Heaven
E) Female Corktree
C. Removal from planting sites
1. Adjacent Property Owner
Removal by pem1it to the adjacent property 0' vner or r ,JI' ,y J" fo· lows:
FROM CEMETERY PHOHE i'IO. : 726S617 Jll I. 12 2000 02: 16PM P2
a) All trees that are •,1 poor condition may be removed.
h) Trees in a p..>or location (crowding driveways, other trees, etc.) may he
removed, b•.tt good species must be replaced, $200 foe [Qr repla,'erueot aftree _
to be pla•.,ed elsewhere in.addition to t11e cost of removal (per .1he . . size .. chait}.--
paid b£ihe requestor.
c) Ret:J.ovals for other reasons (too much shade, sidewalk problems, sewer
p,oblems, etc.) are not permitted for good species. They may b~ considered
for margiual or poor species, if so there is a $200 fee for replacement of tree
to be planted elsewhere in addition to the cg.st. of removal (per th,, size chw:1)...-
to be paid the by requestor
d) If the property owner or a tree company is going to remove the tree they have
to present a certificate of insurance and proof that they: are ho.JJ.,kd.
2. City Crews
a) Removal by City crews at City expense.
b) Good and marginal species in a poor location will not be removed, b,rt poor
species may be removed, bu! poor species may be removed if replaced by the
requestor.
c) Removal of good trees for other reasons wi.!l not be allowed. Margina, and
poor species may be removed if replaced by the requestor.
Forestry Department Tree Removal Costs
*Tree measured at 4' above grade-··--·
3"-6" $ 150
6" -12" $ 250
12"-18" $ 275
18"-24" $ 525
24"-30" $ 600
30"-36" $ 900
36"-42" $1100
42"&over $1300
---------------
FROM CEMETERY PHONE HO. ~265617 fo 1. 12 2000 02: 1 7PM P3
f 1)RESTRY DEPARTMEl'l'i POLlCIES
TREE PLANTING l'OLICY
A. Purpose
To establish a method to determir,e the type, si:,;e, and locatiol) for tree p,anting within
the Cities public right of ways.
B. Species selection and rumv~nt
1. Species selection
Species selection will be based on soil type, width of the parkway, spacing between
trees, primary p.>wer line location, and other factors. If appropriate growing space is
available behbd the sidewalk on city owned right of way trees may be planted behind
the sidewalk.
2. Mat1.:.·e tree size to Park way width (with no overhead wires)
, ·""---------'--
P~rk Width: Mature Tree Size:
4 to 5 feet Up to 30 foot height
5 to 6 feet Up to 40 foot height
Over 6 feet any height
(:, Planting Stock Size
I. Right of Way
All trees planted on street right ofw11y will have a minimum caliper of 1.5 inches.
2. Tree to object Minimum Spacing
a) Tree to tree (small mature size) 20 ft
b) Tree to tree (medium mature size) 40 ft
c) Tree to tree (large mature size) 50 ft
d) Tree to intersection (residential) 30 ft
c) Tree to intersection (major street) 40 ft
FROM: CEMETERY PHONE NO. '.26.5617 J>.d, 12 2000 02: 18PM P4
t) Tree to street light 15 fl
g) Tree to driveway I residential) 1(I rt
h) Tree to driveway (m.ajor street) 20 ft
D. :Planting by penr.it-residents, contractors, developers etc.
1. Forestry Department
Trees are to be of species approved by the Forestry Dept. for the street for which
planting is requested.
2. Minimum Standard
Trees shall be at. least 1.5 inches in diameter as measured six inches above ground
Level. Trees that do not meet this minimUl1l standard on inspection must be
replaced at o,1ce.
3. Tree Lim'os
Tree limbs must be trimmed to form a balanced crown.
4. Inspection
Trees may be inspected and approved by the Forestry Dept., either before or after
planting. If the trees planted do not meet minimum standards for street trees the
installer must replace the trees,
5. State Inspection
State inspection of planting stock is required if planted 011 a s1 lte trunk line.
6. Stakes
If stakes are necessary for mechanical suppo1t of the tree the stakes shall be of
suitable size to function properly. Unsuitable methods and/or materials must be
cotTected. Stakes must be removed after one year.
7. Approval
The Forestry Department prior to planting must approve Iocations of trees.
FROM: CEMETERY P'1DHE HD. 7265517 Jed, 12 2000 02: 18PM PS
FORESTRY DEPARTMENT POLICIES
MEMORIAL T:REE POLICY
A. Purr-ose
To establish guidelines for the Leisure Service Department Forestry Sec1 ion to follow
in planting and maintaining trees as memorials in city parks.
B. Policy
1. Director of Leis1ll'e Services
Requests for trees to be planted as memorials in city parks must be ,tpproved by
the Director or Leisure Services after favorable recommendation b tl1e Forestry
Ma11ager as to the species, size, and location of the tree.
2. Costs
Trees approved for planting will be planted by Forest!')'. D<1pa11m ,nt crews and all
costs in.curred in the purchase of the tree will be paid by the pers,,n requesting the
memorial.
3. Guarantee
TI1e City will guarantee the tree through one growing season anJ/or replacement
if necessary will be made at the expense of the City during this g, ,arantee period.
4. After Guarantee
If the tree dies after the first gl'owing season or any time in the ft1tw:e, replacement
will only be made at the expense of the person making the original request.
5. Tree Movement
Realizfr1g that certain necessary changes must be made in parks from time to time,
the City shall reserve the right to move the Vee whenever )tactical to a new
location or if necessai·y re.move the tree con1pletely.
6. Identification
lde.otit1cation of the tree oy plaque or r,1arker will be per.mi1 ;ec. if the plaque or
mat'ker meets with the City specificatk,ns and the tree is )oc2J ,d in Veterans Park.
FROM : CEMETERY F'HOME NO. 7265517 J 1.1 I . 12 2000 02: 19PM P5
~OD AND WOODCHIP
DISPOSAL POLICY
A. Pwpose
To provide a standard method to dispose of wood and woodchips from .rees removed
by the City of Muskegon.
B. Policy
1. Landfill
All wood and wood chips from trees removed or.. the City's right o:tway Ol' City
properties will be delivered to the City Landfill.
2. Exception
The owner of the abutting property r.c the street tree removal locatbn may have
the wood upolJ request if the woo'~ is removed within how·s.
3. Wood Selling
Wood stored at the lanclf1ll will be periodically sold at market rates.
4. Wood Chips
Wood chips will be available for use at the park sites or other City owned
property.
5. Revenues
Revecues from the sale ofwoo<l will be used to purchase new trees and.will be
plar ed in special account.
Adopted this 25th day of J uly, 2000 .
Ayes: Sieradzki , Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays : None
~o.L~~
Gail A. Kundinger, City @'.erk
Date: .July 19, 2000
To: Honorable Ma~o?nd -City Commissioners
From: Ric Scott /:/ch¥
RE: Arena Computers
SUMMARY OF REQUEST:
To purchase computers and software for the arena
ticketing area
FINANCIAL IMPACT:
Approximately $10,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmat in• Action
2J 1/7H-6703
F.\.\/722- 121 •
23 I /7 24-(, 7118
F. \.\ /726-5 181
Ccml'lcry
231/724-<, 78.l
FA.\/72<,-% I 7
C i\'il Sen·in·
23 1/72• -67 16
FA.\l7H- 4 • US Wffit Mlch.lgan's Shoreline Cit)'
C l,•rk
13 1/724-67115
FA.\/724-4 178
Da te: July 19, 2000
To: Honorable Ma.JJ,Yand City Commissioners
23 1/7H-67 17
F.\.\172<,-2511 1
From: Ric Scott /(/"tfu,t/-
En ~i n cl'1·i11g
23 l/7H-67117 Re: Arena Computers
F.\.\/727-690•
The computers that operate the ticket program at Walker
Fin:llll'l'
231/72H,713
arena are over 15 years old and have crashed. Jim
F,\.\/72 • -(,768 Maurer has looked at the system and would recommend we
Fi1T Dcpl.
replace them. He estimates that the cost would not
23 1/724-(, 792 exceed $10 , 000 .
F. \.\/72 • -6985
l m:unll· Ta'.\.
We purchased the current computers from Larry Gordon
23 11724-6 770 when his contract was not extended . Staff r ecommends
FA\172 • -6768
that we purchase the new computers so we don't get into
I 11fu. Sysll'tnS the same problem sometime in the future.
231 /724-6744
F.\.\/722-• JIII
There are several proposed changes to the arena contr act
Ll•bu re Scni\'.c that we will be brought to the commi ssion in August .
23 I /724- 6704
F.\.\/724-11%
However, the computers need to be addressed now.
However, there are changes to the a rena contract that
7' l:111.1 ~c1·\ Oflicl'
23 11724-672 • can pay for the computers.
F\.\/722- 1214
I would ask for your authorization to replace the
i\ layur's Offirc
23 1/724-/,7111
computers and software at the arena for approximately
f ..\ .\/722- 121 • $10,000.
7\'l'igh . .._\: Co ns t.
Services
Thank you for your consideration.
23 1/72 4-6715
F.-\ \/726-250 I
Pl.11111in J.!l7.o ning
2.l I /724-1, 7112
F.-\.\/7H-C,7'!11
Polin• Dl•pt.
23 l/7H-l,7511
F ..\.\/722-51411
1-'uhlir \Vurks
2J I /72 4-41 OU
f.\.\/722-4188
Tn•asurcr
2J I /724-67211
FA.\/724-6768
\\'ak r Billin~ Dcpl.
23 1/724-6 7 1S
FA .\/724-(, 768
\\·:11c r Fi ltration
23 1/724-41116
F,\\/755-52911
C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Commission Meeting Date: July 25, 2000
Date: July 13, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developm~
RE: Rezoning request for property located at 808 Oak Ave. (NE
comer of Oak Ave. and Getty St.)
SUMMARY OF REQUEST:
Request to rezone property located at 808 Oak Ave., at the NE corner of Oak Ave. and
Getty St., from R-1, Single-Family Residential and OSC, Open Space Conservation to
B-4, General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan, or if the City Commission is comfortable with the
range of B-4 uses for the corner portion of the property, that only the existing
greenhouse site be rezoned, and the rest of the site would remain R-1 and OSC.
COMMITTEE RECOMMENDATION:
The Planning Commission concurred with staffs recommendation to deny the request.
The vote was unanimous.
7/13/2000
CITY OF MUSKEGON
RESOLUTION - 2000- 73 ( f}
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 808 Oak Ave., at NE comer of Oak Ave. and
Getty St., from R-1, Single-Family Residential and OSC, Open Space Conservation to B-4, General
Business was considered by the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on July 12, 2000,
and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 25th day of July, 2000.
Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
Absent: None
By: -61~ ~c-#
ed J. Nielsen, Mayor
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, Michigan, at a regular meeting held
on July 25, 2000. ~ ~~ ~
Grul Kundinger, CMC/AAfil
Clerk, City of Muskegon
7/13/00 2
~
City of Muskegon
Planning Commission
Case #2000-25
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7
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 12, 2000
Hearing; Case 2000-25: Request to rezone property located at 808 Oak Ave. (NE
corner of Oak Ave. and Getty St.) from R-1, Single-Family Residential and OSC, Open
Space Conservation to B-4, General Business, by Timothy Vanderstelt.
BACKGROUND
Applicant: Timothy Vanderstelt
Address/Location of Subject Property: 808 Oak Ave. (NE corner of Oak Ave. and Getty St.)
Current Use: Vacant/greenhouses
Current Zoning: R-1, Single-Family Residential and OSC, Open Space Conservation
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
I. The subject property is located within two different zoning districts, R-1 and OSC. The
prope1iy has frontage along Getty St., as well as Oak Ave., and contains a portion of the
Ryerson Creek ravine in the rear po1tion, and along the Getty St. frontage.
2. There is one business located on the R-1 portion of the subject property, Vanderstelt
Greenhouses. This existing use is non-conforming.
3. The Future Land Use Map shows a small po1iion of the subject property, right on the
corner of Getty St. and Oak Ave., to be Single & Two-Family Residential. The rest of
the subject property is shown as Open Space.
4. The Master Land Use Plan states:
• Ryerson Creek and Fourmile Creek traverse the sub-area [12]. These systems
provide wildlife habitat, greempace, and help to identify the area's character.
It is the goal of the Master Plan to maintain the residential integrity of the sub-area,
while setting aside small segments suitable for commercial and industrial uses in a
highly compatible, non-threatening fashion.
• Strip commercial development of a mixed variety is found along Apple Avenue near
the US-31 and Getty Street intersections ... An industrial area is located near the
intersection of Getty Street with Seaway Drive (Skyline Drive). This area is situated
directly across from the Teledyne Continental Plant. The industrial area is
isolated/buffered by woodlands and wetlands associated with the Muskegon River.
City of Muskegon Planning Commission - 7/12/00
• Apple Avenue is likely to experience additional demand for increased commercial
use.
5. The Master Plan recommends for this sub-area:
• Clustered commercial development should be confined to the US-31 and Getty Street
intersections, consistent with similar development identified in Sub-Areas 3 and 4.
6. The subject property is located several blocks north of the more commercialized Apple
Avenue corridor, and is almost completely surrounded by residential uses and some
vacant, open space behind. The Master Plan clearly recommends that the focus of the
area stay residential.
7. Although Getty St. is mostly a commercial corridor south of Apple Ave., the section
notth of Apple Ave. mostly contains lower intensity uses such as homes and churches.
There are some existing commercial uses scattered along this section of Getty St. as well,
although the zoning is B-1, not B-4. There is only one parcel on Getty St., notth of Apple
Ave., which is zoned B-4 - the Joey's Bar property much further to the notth of the
subject property. Rezoning the subject property to B-4 would allow the most intensive
commercial uses into a predominantly residential area, and could possibly disturb natural
habitats in the existing natural area to the rear of the property.
8. Staff has received one call from a neighbor, asking for information about the plans for the
property, but staff has no infotmation at this time on what the applicant plans to do with
the prope1ty if the rezoning is approved.
ORDINANCE EXCERPTS
ARTICLE IV-RONE FAMILY RESIDENTIAL DISTRICTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are
intended to stabilize, protect, and encourage the residential character of the district and prohibit activities not
compatible with a residential neighborhood. Development is limited to single family dwellings and such other
uses as schools, parks, churches, and certain public facilities which serve residents of the district. It is the intent
of these districts to recognize that the City of Muskegon has been developed and platted with some lots that are
smaller than those found in recently urbanized communities, and the standards in Section 2100 reflect
residential development standards that the citizens of Muskegon find to be compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one or more of the following specified uses, unless otherwise
provided in this Ordinance;
I. One Family detached dwellings.
2. Home occupation of a non-industrial nature may be permitted subject to the following ...
City of Muskegon Planning Commission - 7/12/00 2
3. Congregate living facility for not more than two persons, provided that such facility shall be at least
one thousand five hundred (1,500) feet from any other similar facility.
4. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses
Permitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 401: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
1. Private recreational areas, and institutional recreational centers when not operated for profit, and
nonprofit swimming pool clubs, all subject to the following conditions ...
2. Colleges, universities, and other such institutions of higher learning, public and private, offering
courses in general, technical, or religious education not operated for profit, all subject to the following
conditions ...
3. Churches and other facilities normally incidental thereto subject to the following conditions ...
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided
such uses are set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be
authorized under Special Use Permit for the following [amended 12/99] ...
7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
8. Uses similar to the above Special Land Uses Permitted.
9. Restricted parking areas subject to provisions of Section 2327.1.
SECTION 402: ONE FAMILY DWELLING REGULATIONS
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION
SECTION 404: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 7/12/00 3
ARTICLE XVI - OSC OPEN SPACE CONSERVATION DISTRICTS
PREAMBLE
The OSC Open Space Conservation Districts are intended to provide for permanent open spaces in the
community, and the protection of sand dunes and other natural features, and are designed to provide
undeveloped recreational areas and to safeguard the health, safety, and welfare of the citizens of Muskegon and
adjacent areas by limiting development in locations where police and fire protection, protection against
flooding by high water table or storm water, and dangers from excessive erosion are not possible without
excessive costs to the City.
SECTION 1600: PRINCIPAL USES PERMITTED
In the OSC Open Space Conservation District, no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified uses, unless
otherwise provided in this Ordinance.
1. Fishing docks and piers.
2. Hiking, bicycling, jogging, or ski trails.
3. Wildlife preserves or refuge structures.
4. Watershed or erosion protection facilities.
5. Uses similar to the above Principal Uses Permitted.
SECTION 1601: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
I. Public and private utilities and services.
2. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses
Permitted.
3. Uses similar to the above Special Land Uses Permitted.
4. Parking areas for Principal Uses.
SECTION 1602: PLANNED UNIT DEVELOPMENTS
SECTION 1603: AREA AND BULK REQUIREMENTS [amended 4/00]
City of Muskegon Planning Commission - 7/12/00 4
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic and
pedestrian movement since the General Business District is characterized by a minimum of pedestrian flow.
The B-4 General Business Districts have been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected,
structmally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following ...
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building
or is enclosed as not to be visible to the public from any abutting residential district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Certificate of Occupancy from the Depa11ment of Inspections, but provided that the minimum lot area
requirements of the RM-3 District are met.
15. Assembly of small pmts provided that there shall be no machining, painting, cutting, grinding, or
welding of parts.
16. Principal Use as permitted in B-2 Districts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
City of Muskegon Planning Commission - 7/12/00 5
18. Uses similar to the above Principal Uses Pennitted.
SECTION 130 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, ifrequired) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission. A site plan shall not be required when there is no change to buildings or existing
facilities.
I. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational
vehicles, subject to the following ...
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the following ...
4. Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
activities subject to the following ...
5. Outdoor theaters subject to the following conditions ...
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following conditions ...
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One(!) parking space shall be provided for each twenty (20) rental units within the
buildings, and one (1) parking space shall be provided for each employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet for internal
access drives. Traffic direction and parking shall be designated by signaling or
painting.
d. The lot area used for parking and access shall be provided with a permanent,
durable, dustless surface and shall be graded and drained so as to dispose of all
surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas adjacent to
any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery or pick-up
City of Muskegon Planning Commission - 7/12/00 6
of goods in truck in excess of one and one-half (1.5) ton rated capacity shall be
permitted.
i. All storage shall be within the enclosed building area. There shall be no outside
storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at the
facility. Signs shall be posted at the facility describing such limitations.
10. Accessmy uses and accessory buildings customarily incidental to the above Special Land Uses
Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (I) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from
the approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
City of Muskegon Planning Commission - 7/12/00 7
d. The loss of valuable natural resources such as forest, wetland,
historic sites, or wildlife areas.
City of Muskegon Planning Commission - 7/12/00 8
Date: July 14, 2000
To: Honorable Mayor and City Commission
From: David Smith, Water/Sewer Supervisor DPW
Re: Budgeted purchase of Sewer Lateral Camera
SUMMARY OF REQUEST: Approval to purchase one sewer camera kit from
GREGWARE EQUIPMENT COMPANY for$ 8,371.10. This kit includes
1. 1.7" color camera with 4" skid.
2. 6" & 8" skids.
3. 200' cable reel and stand.
4. Command Module & Monitor tv/vcr.
5. Gator Receiver & bag.
FINANCIAL IMPACT: $8,371.10 from sewer equipment purchases.
BUDGET ACTION REQUIRED: None, $ 9,500 this was budgeted for 2000.
STAFF RECOMMENDATION: Approve purchase of one Gator cam II kit From
GREGWARE EQUIPMENT COMPANY.
COMMITTEE RECOMMENDATION:
Water/sewer dept.
Memo
To: Robert Kuhn
From: David Smith
Date: 07/19/00
Re: purchasing sewer lateral camera for inspection and tracing.
Bob, I would like to purchase a sewer lateral camera kit from GREGWARE
EQUIPMENT COMPANY for $ 8,371.50. This was the low bid, the other camera I
found that is comparable was from Doheny supply for $9,175.00. Attached to the
back are the quotes I received from two cameras that were comparable.
This camera and tracing receiver will be really valuable and used often in the
department. Currently if a home owner has a sewer problem that a private cleaner
can't open they take out a sewer permit for $ 600.00. We are then notified to dig up
the sewer lateral. The problem is we currently do not have any equipment that does
a accurate job of tracing a sewer line or one that tell us the depth of the sewer. We
are taking a educated guess every time we dig up a sewer. When we dig a hole in
the street and the sewer lateral isn't at that location it usually costs us thousands of
extra dollars in materials and labor to dig another hole. This camera kit should save
us thousands of dollars a year because we will be able to know where to dig and how
deep to make our hole the first time. Using the camera will also let us inspect the
condition of the pipe so we will know whether to replace the pipe or do a spot repair.
I have been looking at various cameras for the last few years and the technology has
improved to where it would help us to have a camera. We have budgeted to
purchase this camera for the year 2000.
• Page 1
0 \,eny Supp/I.
~ 0 . e~
,,,,,.,_~ WORLD'S LAAG£sr DEALER oF SEWER ' / A
V' CLEANING & A/Fl ""4NDI.ING EQUIPM/£NT .,.#~
777 DOHENY COURT
~
www.~.com
•
(248) 349·0904
P.O. BOX609 FAX (248) 349•2774
NORTHVILLE, Ml 48187 WATS (800) 3 DOHENY
FOR: City of Muskegon DATE: February 21, 2000
13 50 East Keating
Muskegon, MI 49442
ATTN: Mr. Dave Smith
Fax: 231-724-4184
Phone: 231-724-6994
We are pleued to submit a q11otlltion ror the equipment listed below.
ONE (I) Gelienl Wire Spring Gen-Eye ti Black & White camera system:
200ft Push Rod, Open Reel; Stainless Steel Camera Head with red LED's; 9" TVNCR combination
unit; AC/DC switchable; 3' -12' pipe inspection; 3" skid assy; built-in footigecoontcr; voice over; text
entry; dale and time readout. 4", 6", 8" skid kit _ . ,. _ ), J <!
U. I) { 1;,r c! i ,.",•ti• {r•.0!? 7 ii' / ·
Gt11-Eye II Blacke&--White'€amera pnce ..................................:....................................... $6,675.oo-·
Optional Pipe Locator ..........................................................................................................$1,300.00
~
Price does not include freight if applicable.
This quotation bei:omes a COlllrai;t for delivery and pll}1Dl'Dl of the merchandise listed ab<we only when
signed by the custancr or ono if its officer.s.
Customer:
By:
Mike Suiter
Date: Jack Doheny Supplies. Inc.
P00/c00d 0P£'ON
o\\eny Supp/~
~O . 9.t
777 DOHENY COURT
~ ...
V
~ WORLD'$ LARGEST DEIJ.ER OF SF:WER
CL€ANING & AIA HANOI..ING EQUIPMENT
W V ' I W . ~.eom
# I~C
•
(248) 349•0904
P.O. BOX609 FAX (248) 349-2774
NORTHVILLE, Ml 48167 WATS (800) 3 DOHENY
FOR: City of Muskegon DATE: February 21, 2000
1350 ~ Keating
Muskegon, MI 49442
ATTN; Mr. Dave Smith
Ft\1(: 231-724-41&4
Phone: 231-724w6994
We are pleased to submit a quotation for tbt equipment listed below.
ONE (1) General Wire Sprint Gen-Eye II Black & White camera system:
200ft Push Rod, Open Reel; Stainless Steel Camera Head with red LED's; 9" 1\INCR combination
unit; AC/DC switchable; 3n - 12" pipe inspection; 3" skid assy; built-in footigecoontc.r; ~over; text . ,
entry; date and time ~ l 4", 6'', 8" skid kit
U..tJ Ll!r <..!tMcr1~ f n cA
. I ~ l~l(1 (' I b- 'fl\R(l~-t
7 ~· ~
718 f"..Do
L-
-7·
~On:Eyale IPil Bl~ck-&-White-€an~ra pnce ..................................!....................................... $Cl;$!;!~ J t) '() , oa
-· I
pooo pe ,..oeator .......................................................................................................... lt<A"'•00 q ;
7'sii14- /
Price does not include freight if applicable.
•ni Lf'~,trt.3~ I/ t /7S:oo
This quotation becomes a con.traot for delivezy and payment of tht tnerehffldise listed above only when
signed by the customer or one if its officers.
Customer:
By:
Mike Suiter
Date: Jack Doheny Supplies, loc.
881PcclT£c ~ S317ddnS AN3HOa ~JIJ! 0s = l r 00/lc/ c0
Date: July 19, 2000
To: Honorable Mayor and City Commissioners
from: Ric Scott /?'M
RE: Marsh field Paving Bids
SUMMARY OF REQUEST:
To award a contract to Asphalt Paving for paving the
parking lot as Marsh Field
FINANCIAL IMPACT:
$77,466
BUDGET ACTION REQUIRED:
None, funded through CDBG
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Afli rmat i,'c .-\ctiun
231/724-6703
F.-\\/722- 12 14
.\sM'SSo r
2J 1/724-67118
FA \ /726 -518 I
C'l'IHl'lcry
23 11724-6783
F, \ \/72/,-5617
C ivil Scr \'itc
23 1/7 24-67 16
F A \1724-4 411, West MlcWgan's Shoreline City
C k rk
23 1/7 24-/,7115
F r\\/72 4-4 17X
Da t e: July 17, 2000
To: Honor able M~yor_ a nd City Commissi oners
23 I /724-<, 7 17 7
F.-\ \/ 72/,-250 I
Fr om: .
R 10 scot t /~/-·
,.- ~/
En}!incc riu ~
1/"
23 1/724-67117 Re : Marsh Fie ld Paving Project
F.\ \/727- 69114
On Tue sday, July 18 th , bids were rec e ive d for the Marsh
Fin;111c.:l'
23 I /72 4-6 7 13
Field Par king Lot Paving Project .
F.\\/724 -(,7/,8
The bids r e ceive d we re as follows:
Fi n · J>q1t.
23 I/724-6 792 Asphalt Paving $77,466
F.\\/724-6 1)8:i
ln n 11nl' Ton
231/724-6770
F ..\\1724-6 768
This project is funded thr ough the CDBG p r ogr am. This
will be a par t of the Day of Car ing project i n
l11 fo. S ~ S(l' IUS
23 11724-67 4 4 conjunction with the United Way.
F. \\ /722-43111
I would recommend that the low bid of $77,466 from
Ll'isun• Sc 1T il.'.l"
23 1172-1-6 704
Asphalt Paving be accepted.
f ,\\/724- 11 96
Thank you f or your consideration .
,\ lana!,!c r's O fli cl'
23 11724-6724
F\X/722- 12 14
,\ layo r ' s Offii.:l'
23 11724-h 711 I
F.\\/722- 12 14
~ l'igh. & Co nst.
Sl•n·in ·.,
23 11724-(,7 15
F.1\172(,-2511 I
l,1;111 ning/7.c,ninl!,
23 I 1724-<, 7112
fA\1724-6 790
Polin• Dt• pt.
2J 11724-(,7511
F ..\\/722-5 1411
Puhlic \ Vo ries
23 11724 -4 10 0
FA\/722-4 188
T n •:1s11rcr
2J 11724-6 7211
F,\ \1724-6768
\I a t,•r llill ing Dc111.
2311724-(,7 18
FA\/724-(,7(,8
\\ all'r Fillra ti1111
2.1 1/7H-4 1II(,
F.-\\/755-52911
C ity of Muskegon, 933 Terrace Street, P.O. Box 536, M uskegon, Ml 49443-0536
Date: July 5, 2000
To: Honorable Mayor and City Commission
From: Gail A. Kundinger, City Clerk t
RE: Utility Franchise Ordinance - Quest Energy
SUMMARY OF REQUEST: Adoption of an ordinance for Quest Energy
utility franchise within the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: No recommendation.
#2026
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO QUEST ENERGY
TO USE LOCAL PUBLIC WAYS AND DO LOCAL ELECTRICAL BUSINESS
WHEREAS, Quest Energy , its successors and assigns, seeks a public
utility franchise to use the highways, streets, alleys, bridges, and other public places for the
transmission of electricity, and to do local electric business in the City of Muskegon, and
WHEREAS, the City of Muskegon, Muskegon County, Michigan, is empowered,
pursuant to the Michigan Constitution of 1963, and Chapter XIV of its own City Charter, to grant
public utility franchises by Ordinance,
NOW, THEREFORE, the City of Muskegon, Michigan Ordains:
Section 1. Grant of Non-Exclusive Rights
A. Term; Revocable at Will. City of Muskegon (City) grants to QJJest Energy ,
its successors and assigns (Grantee), subject to the terms and conditions set forth below, the non-
exclusive right, power and authority to construct, maintain and use electric lines consisting of
towers, masts, poles, cross-arms, guys, braces, feeders, transmission and distribution wires,
transformers and other electrical appliances (hereinafter "Electric System") on, along, across and
under the highways, streets, alleys, and bridges (hereafter "Public Ways") as identified in Exhibit
A to this Ordinance and to do local electric business in the City of Muskegon, Muskegon County,
Michigan, for a period of five years. Notwithstanding the term of this agreement, it is revocable
at will in accordance with the Michigan State Constitution, Article 7 Section 25.
B. Location in Public Ways. To the maximum extent possible, Grantee shall place
its electrical system on, within, and along existing utility facilities in the Public Ways.
C. Lease. Grantee shall not lease or sublease any portion of its electrical system
within the city to a person who by law is required to obtain the City's permission or consent to
transaction business in the City and who lacks such permission or consent. Grantee shall not
allow the property of a third party or non-electrical system wires or any other facilities to be over
lashed, affixed or attached to any portion of its electrical system or allow other actions with a
similar result without the written consent of the City Manager or that person's designee.
Section 2. Use of Public Rights-of-Way by Grantee
A. No Burden on Public Ways. Grantee and its contractors, subcontractors and the
Grantee's Electric System shall not unduly burden or interfere with the present or future use of
any of the Public Ways within the City. Grantee shall erect and maintain its Electric System so as
to cause minimum interference with the use of the Public Ways and with the rights or reasonable
\IFINANCE_NTIDATAICLERKIKUNDINGERIWORDIELECFRANCHISEAGREE.DOC
convenience of property owners. No Public Way shall be obstructed longer than necessary during
the work of construction or repair to the Electric System. Grantee's cable, wires, structures and
equipment shall be suspended or buried so as to not endanger or injure persons or property in the
Public Ways. If the City in its reasonable judgment determines that any portion of the Electric
System constitutes an undue burden or interference, Grantee at its expense shall modify its
Electric System or take such other actions as the City may determine is in the public interest to
remove or alleviate the burden, and the Grantee shall do so within the time period established by
the City.
B. Restoration of Public Ways. Grantee and its contractors and subcontractors shall
immediately restore, at Grantee's sole cost and expense and in a manner approved by the City,
any portion of the Public Ways that is in any way disturbed, damaged, or injured by the
construction, operation, maintenance or removal of the Electric System to as good or better
condition than that which existed prior to the disturbance. In the event that Grantee, its contractor
or subcontractors fail to make such repair within the time specified by the City, the City shall be
entitle to complete the repair and Grantee shall pay the costs of the City for such repair.
C. Easements. Any easements required for installation or maintenance of an Electric
System or part thereof by Grantee over or under private property shall be arranged and paid for
by Grantee. Any use or intrusion on private property without an easement or other instrument
evidencing permission of the property owner shall constitute a trespass by Grantee and a
violation of this Agreement. Any easements over or under property owned by the City other than
the Public Ways shall be separately negotiated with the City.
D. Tree Trimming. Grantee may trim trees upon and overhanging the Public Ways
so as to prevent the branches of such trees from coming into contact with the Electric System.
Grantee shall minimize the trimming of trees to trimming only those that are essential to
maintain the integrity of its Electric System. No trimming shall be done in the Public Ways
without previously informing the City.
E. Pavement Cut Coordination/Additional Fees. Grantee shall coordinate its
construction program and all other work in the Public Ways with the City's program for street
construction, rebuilding, resurfacing and repair (collectively, "Street Resurfacing"). Grantee shall
meet with the official of the City primarily responsible for the Public Ways at least twice per year
to this end.
The goals of such coordination shall be to require Grantee to conduct all koown
work in the Public Ways in conjunction with or immediately prior to any Street Resurfacing
planned by the City, and to prevent the Public Ways from being disturbed by Grantee for a period
of years after such Street Resurfacing.
Grantee shall pay to the City the sum of $1,250 for each fifty feet (50') cut into or
excavation of any Public Way, or portion thereof, which was subject to Street Resurfacing within
I\FINANCE_NnDATA\CLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
18 months prior to such cut or excavation. This fee is in addition to and not in lieu of the
obligation to restore the Public Ways.
F. Marking. Grantee shall mark its Electric System as follows: Aerial portions of
the Electric System shall be marked with a marker on its lines on alternate poles which shall state
Grantees name and provide a toll-free number to call for assistance. Direct buried underground
portions of the Electric System shall have: (1) a conducting wire placed in the ground at least
several inches above the Grantee's cable or wire (if such cable or wire is non-conductive); (2) at
least several inches above that a continuous colored tape with Grantee's name and a toll-free
number and a statement to the effect that there is buried cable beneath; and, (3) stakes or other
appropriate above-ground markers with Grantee's name and a toll-free number and indicating that
there is buried cable below.
G. Compliance with Laws. Grantee shall comply with all laws, statutes, ordinances,
rules and regulations regarding the installation, construction, ownership or use of its Electric
System, whether federal, state or local, now in force or which hereafter may be promulgated
(including, without limitation, any ordinance requiring the installation of additional conduit when
Grantee installs underground conduit for its Electric System). Before any installation is
commenced, Grantee shall secure all necessary permits, licenses and approvals from all
appropriate departments, agencies, boards or commissions of the City or other governmental
entity as may be required by law, including, without limitation, all utility line permits and
highway permits. Grantee shall comply in all respects with applicable codes and industry
standards, including but not limited to the National Electrical Safety Code (latest edition) and the
National Electric Code (latest edition). Grantee shall comply with all zoning and land use
ordinances and historic preservation ordinances as may exist or may hereafter be amended.
H. Street Vacation. If City vacates or consents to the vacation of a street or alley
within its jurisdiction, and such vacation necessitates the removal and relocation of Grantee's
facilities in the vacated Public Way, Grantee agrees, as a condition of this Agreement, to consent
to the vacation and to move its facilities at its sole cost and expense when asked to do so by the
City or a court of competent jurisdiction. Grantee shall relocate its facilities to such alternative
route as the City, acting reasonably and in good faith, shall designate.
I. Relocation. If the City requests Grantee to relocate, protect, support, disconnect,
or remove its facilities because of street or utility work, Grantee shall relocate, protect, support,
disconnect, or remove its facilities, at its sole expense, to such alternate route as City, acting
reasonably and in good faith, shall designate.
J. Public Emergency. The City shall have the right to sever, disrupt, dig up or
otherwise destroy facilities of Grantee, without any prior notice, if such action is deemed
necessary by the Mayor, City Manager, Police Chief or Fire Chief because of a public
emergency. Public emergency shall be any condition which, in the opinion of any of the officials
named, poses an immediate threat to the lives or property of the citizens of the City, caused by
any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents,
\\FINANCE_NT\DATA\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE.DOC
explosions, major water main breaks, hazardous material spills, etc. Grantee shall be responsible
for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by
the City.
K. Miss Dig. If eligible to join, Grantee shall subscribe to and be a member of "MISS
DIG," the association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as
amended, MCL 460.701, et seq, and shall conduct its business in conformance with the statutory
provisions and regulations promulgated thereunder.
L. Use of Existing Facilities: Compensation to City. Grantee shall utilize existing
poles, conduits, and other facilities wherever practicable, and shall not construct or install any
new, different, or additional poles, or other facilities unless expressly authorized by the City.
Where existing utility wiring is located underground, either at the time of initial construction or
subsequent thereto, Grantee's Electric System shall also be located underground unless otherwise
expressly authorized by the City. In the event Grantee desires to utilize existing poles, conduits
or other facilities owned by the City, Grantee shall be obligated to pay the existing standard
charge for attachment to, placement in, or other use of those facilities.
To the extent that Grantee chooses to construct its own utility wiring or other new
facilities, Grantee agrees to compensate the City for use of the public rights of way. Unless
otherwise agreed by the City and Grantee, the compensation shall be paid at the rate of $0.30 per
lineal foot of wiring or other facilities installed..•
M. Underground Relocation. If Grantee has its facilities on Consumers Energy
Company's or any other public utility company's above ground utility poles and the owner of said
poles relocates its facilities to an underground conduit, Grantee shall relocate its facilities
underground in the same location.
N. Pole/Conduit License Agreement Notification. If Grantee forfeits or otherwise
loses its rights under a pole/conduit license agreement with Consumers Energy Company cir other
entity, then Grantee shall notify the City Manager in writing within 14 days.
Section 3. No City Liability: Indemnification; Insurance.
A. City Not Liable. The City, and its agents, employees, and contractors, shall not
be liable to Grantee or Grantee's customers for any interference with or disruption in the
operation of Grantee's Electric System, or the provision of service over or through the Electric
System, or for any damages arising out of Grantee's use of the Public Ways.
B. Indemnification. As part of the consideration for of this Agreement. Grantee
shall defend, indemnify, protect and hold harmless City, its officers, agents, employees,
departments, boards, and commissions from any and all claims, losses, liabilities, causes of
action, demands, judgments, decrees, proceedings, and expenses of any nature (including,
without limitation, actual fees and expenses of attorneys, expert witnesses and consultants),
\IFINANCE_NnDATA\CLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
arising out of or resulting from the acts or omissions of Grantee, its officers, agents, employees,
contractors, successors, or assigns, but only to the extent of the fault of the Grantee, its officers,
agents, employees, contractors, successors, or assigns.
C. Assumption of Risk. Grantee undertakes and assumes for its officers, agents,
contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or
about any City-owned or controlled property, including Public Ways, and Grantee hereby agrees
to indemnify and hold harmless the City against and from any claim asserted or liability imposed
upon the City for personal injury or property damage to any person arising out of the installation,
operation, maintenance or condition of the electric system or Grantee's failure to comply with any
federal, state or local statute, ordinance or regulation.
D. Notice. Cooperation and Expenses. City shall give Grantee prompt notice of the
making of any claim or the commencement of any action, suit or other proceeding covered by the
provisions of this Section. Nothing herein shall be deemed to prevent City from cooperating with
Grantee and participating in the defense of any litigation by City's own counsel.
Grantee shall pay all reasonable expenses incurred by City in defending itself with
regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket
expenses such as attorney fees and shall also include the reasonable value of any services
rendered by or on behalf of the City Attorney, and the actual expenses of City's agents,
employees or expert witnesses, and disbursements and liability assumed by City in connection
with such suits, actions or proceedings.
E. Insurance. If Grantee installs or constructs any physical facilities, except for
meters in the City separately from those facilities of Consumers Energy Company or it
successor, thereafter the Grantee shall maintain in force during the remaining period of its
franchise, an insurance policy issued by a reputable insurer licensed in the State of Michigan and
acceptable to the City for comprehensive general liability coverage, including all risks
thereunder, together with any special electric liability endorsements, insuring the City as an
additional insured, and covering liability for injuries to any person or property, having liability
limits of $5,000,000. A certificate evidencing the issuance ofthe said policy shall be placed with
the City, and the insurance shall be renewed during the entire remaining franchise period as a
condition of the continuance of this franchise. A failure to renew or cancellation of the policy
shall constitute cancellation of the franchise. The declaration of coverage or any other document
from the insurance company regarding notice, shall guarantee that the City shall receive 3 0 days
written notice of cancellation or modification before the policy may be canceled or changed.
Section 4. Franchise Not Exclusive
The rights, power and authority granted herein are not exclusive.
\\FINANCE_NnDATAICLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
Section 5. Rates
Grantee shall be entitled to charge the inhabitants of the City for electricity
furnished at the rates approved by the Michigan Public Service Commission, to the extent it, or
its successors, have authority and jurisdiction to fix and regulate electrical rates and promulgate
rules regulating such service in the City. Such rates and rules shall be subject to review and
change any time upon petition being made by either the City acting through the City Commission
or by Grantee.
Section 6. City Jurisdiction
Grantee shall be and remain subject to all Ordinances, rules and regulations of the
City now in effect or which might subsequently be adopted for-the regulation of land uses or for
the protection of the health, safety and general welfare of the public; provided, however, that
nothing herein shaU be construed as a waiver by Grantee of any of its existing or future rights
under Michigan or Federal law or a limitation upon the existing or future powers of the City
pursuant to its Charter or Michigan or Federal law.
Section 7. Michigan Public Service Commission
A. Jurisdiction. Grantee shaU, as to all other conditions and elements of service not
addressed or fixed by this Ordinance, remain subject to the rules and regulations applicable to
electric service by the Michigan Public Service Commission, or its successor bodies.
B. Filing. Grantee shall provide the City with copies of aU documents which Grantee
sends to the Michigan Public Service Commission and copies of al] orders, decisions, or
conespondence Grantee receives from the Public Service Commission, generally affecting its
service or business, and in particular the City of Muskegon. Grantee shall permit City inspection
and examination of aU records it is required to maintain or file under Michigan Public Service
Commission rules and regulations.
Section 8. Effective Date.
This Ordinance shaU take effect 30 days after adoption by the City Commission,
provided, however, it shall cease and be of no affect after 30 days from its adoption unless and
until within said period Grantee files an acceptance in writing with the City Clerk.
This ordinance adopted:
Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays:~~=------------------------
Adoption Date: July 25, 2000
IIFINANCE_NnDATAICLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
Effective Date: A11g11st 24, 2000
First Reading: July 11 1 2000
Second Reading: July 25, 2000
CITY OF ~SKE~OJ .
By: L O.~~
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of July, 2000 . at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I fmther certify that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby. _ . J
.
Dated:___ ~ Q· ~cL..v--dW
Gaii'A. Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
\\FINANCE_NTIDATA\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE.DOC
EXHIBIT "A"
To
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO DTE
ENERGY MARKETING, INC., TO USE LOCAL PUBLIC WAYS AND TO DO
LOCAL ELECTRICAL BUSINESS IN THE CITY OF MUSKEGON,
MICHIGAN.
Pursuant to Section 1, A, o the above referenced Ordinance, the City of
Muskegon (City) grant to DTE Energy Marketing, Inc., it successors and assigns
(Grantee), subject to the terms and conditions set forth in the above-referenced
Ordinance, the non-exclusive right, power, and authority to construct, maintain,
and use electric lines consisting as towers, masts, poles cross-arms, guys, braces,
feeders, transmission and distribution wires, transformers, and other electrical
appliances (Electric System) on, along, across, and under the highways, streets,
alleys, and bridges (Public Ways) identified as follows:
ALL PUBLIC WAYS WITHIN CITY LIMITS OF THE CITY OF MUSKEGON.
July 7, 2000
Ms. Gail A. Kundinger
City Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443
Re: Electric Franchise Request from Quest Energy to the City of Muskegon
Dear Ms. Kundinger,
Pursuant to the City of Muskegon Ordinance No. 1158 as adopted on April 14, 1998, and
consistent with our telephone conversation of July 5, 2000, enclosed is our check in the
amount of$1,000.00 made payable to the City of Muskegon as payment for the required
application fee regarding the above referenced matter.
If possible, please submit Quest Energy's electric franchise request to City of Muskegon
City Commission for approval consideration at the July 11, 2000 Commission meeting.
Please advise me of any action taken by the City Commission regarding this matter.
If you should require any additional information, please contact me. I can be reached at
extension #27 should you wish to contact me by phone.
Thank you once again for you assistance.
Sincerely,
i:::11:c
William H. Shippy
Director of Government Affairs
Enclosure
173 Parkland Plaza • Suite B • Ann Arbor, Michigan 48103 • TEL: 734/997-0500 • FAX: 734/997-0791
www.quest-energy.com
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SECURITY FEATURES: MIC80 PRINT TOP & BOTTOM 80RDERS COLORED PATTt:RN ARTIFICIAL WATERMARK ON REVERSF. SIDE· MISSING FEATURE INDICATES A COPY
Affirmative Action
616/724-6703
FAX1722-1214
Assessor
616/724-6708
FAX1724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-6790 West Michigan's Shorellne City
Clerk
616/724-6705
FAX1724-4178
July 27, 2000
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
Engineering Mr. William H. Shippy
616/724-6707 Director of Government Affairs
FAX/727-6904
Quest Energy
Finance 173 Parkland Plaza, Suite B
616/724-6713
FAX/724-6768 Ann Arbor, MI 48103
Fire Dept.
616/724-6792 Dear Mr. Shippy:
FAX/724-6985
Income Tax Enclosed is the utility franchise ordinance that was adopted by the City
616/724-6770
FAX/724-6768
Commission on July 25, 2000. Please send an acceptance in writing to the City
Clerk, Gail Kundinger, before August 24, 2000.
Info. Systems
616/724-6975
FAX/724-6768 If you have any questions, pleas~ call me at (231) 724-6705.
Leisure Service
616/724-6704
FAX/724-6790
Thank You,
Manager's Office
616/724-6724
FAX/722-1214
Mayor's Office Linda Potter
616/724-6701 Deputy City Clerk
FAX/722-1214
Neigh. & Const. Enc.
Services
616/724-6715
FAX/726-2501
Planning/Zoning
616/724-6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Worlcs
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
6 l 6/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX1755-5290 City of Muskegon, 933 'll'errace Street, l?.O>. !Box 536, Muskegon, MI 49443-0536
173 Parkland Plaza, Suite B
A n n Arbor, Michigan 48 103
August 3, 2000
Ms. Gail A. Kundinger
City Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443
Re: Ordinance No. 2026 Acceptance by Quest Energy, L.L.C.
Dear Ms. Kundinger,
Enclosed with a letter dated July 27, 2000 that I received from Linda Potter was an
executed and certified copy of the above referenced ordinance as adopted on July 25,
2000, by the City Commission of the City of Muskegon, granting an electric franchise to
Quest Energy.
Enclosed are two originals of our executed written acceptance of the franchise ordinance
as required pursuant to Section 8 of the ordinance.
Please acknowledge and certify your receipt of our written acceptance by executing and
returning one fully executed acceptance and certification document to my attention.
Thank you for your assistance regarding this matter.
Sincerely,
QUEST ENERG1 .L.C.
iJdL:..... l (~
William H. Shippy
Director of Government Affairs
Enclosures
(734) 997-0500 MI Toll-Free (877) 542- 1724 Fax (734) 997-0791
www.quest-en ergy.com
ACCEPTANCE
Quest Energy, L.L.C. hereby confirms its acknowledgement, agreement and acceptance
of the terms, conditions and provisions of Ordinance Number 2026, as adopted on the
25th day of July 2000, by the City Commission of the City of Muskegon, Michigan,
which ordinance is entitled as follows:
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
QUEST ENERGY, TO USE LOCAL PUBLIC WAYS AND DO LOCAL
ELECTRICAL BUSINESS.
IN WITNESS WHEREOF, Quest Energy, L.L.C. has caused this Acceptance to be
executed by its duly authorized officer, this 3rd day of August 2000.
Signed and sworn before me QUEST ENERGY, L.L.C.
this -3 rdday of August, 2000.
c:;tltu_ a
o ~ vNotary Public
Washtenaw County, Michigan~ /4
By : ~ ~
Its:
Walter J. Balcer
Member
My Commission Expires: L/ It./ CJ z ~.
PlmRA R. PATRICK
Nm'ARY PUBLIC· WASHTENAWCOUNfY. Ml
MYCOMMISSIONEXP. 04/14/2001 '
CERTIFICATION
I, Gail A Kundinger, City Clerk of the City of Muskegon, Michigan, do hereby
acknowledge and :further do hereby certify that, pursuant to Section 8 of this Ordinance
Number 2026, this Acceptance was filed with me as City Clerk of the Muskegon,
Michigan on the M day of /4;!/ ,, r , 2000.
Po-4- Q. ~'r-'
Gail Kundinger
A.
City Clerk
Dated: 1M (/" ~ I
V
7 , 2000.
,,
TO: Honorable Mayor and City Commissioners
FROM: Ken James, Affirmative Action Director
DATE: July 18, .2000
RE: Enterprise Community Citizen Council/CEZ
Summary ofRequest:
To approve the recommendations for the Enterprise Community Citizen's
Council
Financial Impact:
None
Bud,:et Action Required:
None
Staff Recommendation:
Staff recommends approval
Committee Recommendation:
This item will be decided at the City Commission Meeting on 7/25/00
Enterprise Community Citizen Counceil (ECCC)
The ECCC is an I I-member body that meets upon demand. The make up of the ECCC
consists f (2) City Commission members and (9) persons that live, work, or own
property, or own a business that owns property in the Enterprise Zone. The
responsibilities of the ECCC are to approve or deny applications for Commercial Tax
Abatements, as well as, other enterprise community incentives.
The current ECCC is never able to convene or reach a quorum to conduct routine
business. With recommendations from the Planning/Economic Development
Department, I propose the following changes to the ECCC.
Current ECCC
Jane Clingman-Scott
Sally Messner
Betty DeForest
Scott Sieradzki
Louise Herman-Muhammed
Jon Osborn
Marfaye Williams
Richard Rienstra
William Roche
Calvin Rucks
City Commissioner (vacant)
Proposed ECCC
Scott Sieradzki (commission member)
*Larry Spartaro (commission member)
Jane Clingman-Scott (work)
Betty DeForest (live)
Louise Herman-Muhummed (live)
✓ *Kathy Jackson (live)
Calvin Rucks (live)
/ *Michael Bowen (work)
✓ •Kirk Wahamaki (work)
✓ *Eugene Fethke (work)
Sally Messner (work)
*=New Appointment
Date: July 19, 2000
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department t0v
RE: Construction of 4 Houses in Lakeside
SUMMARY OF REQUEST: At the last City Commission meeting, this
item was presented, and additional information regarding possible
environmental concerns was brought forward. The City Attorney was
particularly concerned about the statements being made that the site
may be a facility, as defined by the Michigan Department of
Environmental Quality (MDEQ). Although staff had no knowledge of this
prior to the meeting, we feel that these statements may have influenced
the Commission to vote against the item. Therefore, staff has
researched the environmental concerns with the MDEQ and found that
the site is not a facility. However, due to the information staff has
indicating that a greenhouse was previously on the site, we will send a
letter to the purchaser of the property, indicating that we have such
information, and recommending that the purchaser have a Baseline
Environmental Assessment completed for the property. This letter will
be sent prior to our closing on the property. In light of this information,
staff requests that the City Commission reconsider this item.
FINANCIAL IMPACT:. Construction of the additional two homes fronting
Harrison will generate additional tax revenue for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
to authorize both the Mayor and the Clerk to sign said resolution.
Resolution No. - - -
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CONSTRUCTION OF TWO HOMES FRONTING
HARRISON STREET IN LAKESIDE.
WHEREAS, City Commission has already approved the sale of the map# 24-30-34-429-006 to
Bill Ingalls II;
WHEREAS, the subject parcel is large enough to construct the two houses fronting Harrison;
which will be required to conform to the zoning ordinance and building code standards;
WHEREAS, the construction of the two homes fronting Harrison will generate additional tax
revenue;
WHEREAS, construction of the homes is consistent with existing homes within Lakeside;
NOW THEREFORE BE IT RESOLVED, that Bill Ingalls be allowed to construct two homes
fronting Harrison, each having dimensions of 72 ft x 102 ft.
(E 150 ft. of North 205 ft Lot 2 Blk 676)
Adopted this~- day of July, 2000
Ayes:
Nays:
Absent
By:-----------
Fred J. Nielsen, Mayor
Attest: - - - - - - - - - - -
Gail Kundinger, Clerk
CERTIFICATION
I hearby certify that the foregoing constitutes a hue and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 25, 2000.
By:-----------
Gail Kundinger, Clerk
CITY OF MUSKEGON
BIDS FOR VA CANT CITY LAND
The City of Muskegon will receive sealed bids in the office of the City Clerk, City Hall, 933
Terrace Street, Muskegon, Michigan until 2:00 p.m. on Tuesday, April 11, 2000 for the
following City owned parcel of land:
• A vacant lot on Harrison Avenue between Clifford Street and Lincoln Avenue, City of
Muskegon, MI. The Lot is described as the "E 150 feet of the N 205 feet Lot 2 Blk 676, map
# 24-30-34-429-006". Minimum bid is $9,000.
• The lot will only be sold for the construction of two (2) single family homes each having 75
feet of frontage.
The successful bidder will be required to construct the two single-family houses on these parcels
within 18 months of the date of purchase.
Bids must clearly state the name, address, and phone number of the bidder, the parcel, the
amount of the bid, and a brief statement of the proposed use of the property. Bid envelopes
should be marked "E 150 feet of the N 205 feet.Lot 2 Blk 676, map# 24-30-34-429-006",
Tuesday, April 11, 2000". -
The City reserves the right to reject any or all bids or to accept the bid that appears to be in the
best interests of the City of Muskegon.
For additional information, contact Tamika A. Hale at the Planning Office in City Hall, or by
calling (231) 724-6702 during regular office hours.
City Clerk
Publish: April 2 as a classified ad under "Lots and Building Sites" in Home Front Section
Account No. 101-80400-5267
tah
3/24/00
Commission Meeting Date: July 25, 2000
Date: July 13, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developme11~
RE: Request for a Planned Unit Development for 700 Terrace St.
(former Teledyne property).
SUMMARY OF REQUEST:
Request for a Planned Unit Development for the former Teledyne property, for a mixed-
use development, containing offices, retail, condominiums and a marina. The request
is from Lakefront Development, LLC.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the PUD provided that the conditions listed in the
attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the PUD, with the conditions
listed on the attached resolution. The vote was unanimous.
7/13/2000
'City of Muskegon
Planning Commission
Case #2000-28
I ~
+
Muskegon Lake
OSR
* = Subject Property(ies)
Q = Notice Area
B-2 = Convenience and Comparison Business
B-3 = Central Business District
B-4 = General Business
OSR = Open Space Recreation
\NM = Waterfront Marine
I 1000 2000 Feet
0
Lakefront Development, LLC
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or728.2206
June 21, 2000
City of Muskegon Hand Delivered
Planning Commission
933 Terrace Street
Muskegon, Michigan 49440
Re: Application for Approval ofPlamied Unit Development
and Site Plan Review -- Muskegon Lakefront Development
Dear Commissioners:
Enclosed is the City of Muskegon Planning & Zoning Application. Our check in the amount of
$500 has also been paid to the City as required by the application. As set forth on the face sheet,
we are asking the Planning Commission for preliminary and final approval of the proposed
Planned Unit Development for this site as well as Site Plan review. We have also enclosed the
following:
/
Purchase Agreement;
b. The legal description of the s ·t(
C. An aerial photograph of Downtown Muskegon depicting the surrounding sites;
d. An aerial'photograph of Downtown Muskegon depicting this site;
e. Two different olor renderings of the proposed Muskegon Waterfront Master Plan
(a site plan and tnr~ dimensional overview of the site);
f. A full size drawing o~e proposed Muskegon Waterfront Unit Layout Plan; and,
g/ A full size drawing of the pr osed Muskegon Waterfront Master Plan.
Background.
Our involvement with this site began three years ago when the Parmenter O'Toole law firm tried
to purchase an acre or two on Muskegon Lake to build a new office building. Determined to
locate in Downtown Muskegon, it was important to the law firm to be on or near the lake. The
firm approached the owners oflakefront property, but found no one willing to sell even a small
parcel for construction of the building. However, during the search for a site, the law firm
Members John M. Briggs, Ill • W. Bred Groom • Jennifer L.Hylland • G. Thomas Johnson • George W. Johnson
Linda S. Kaare • Christopher L. Kelly • Keith L. McEvoy • William J. Meier • Michael L. Rolf
Jomes R. Scheuerle • John C. Schrier • Scott R. Sewick • Philip M. Staffon • Anno K Urick
H.\l.1B\EOSfl20.3.53'-0001\Y ISC'IPUO_APP I.WPO
learned that Allegheny Teledyne may have an interest in selling its entire site after the City
acquired approximately 11 acres for the construction of Shoreline Drive. Considering the impact
of new Shoreline Drive, the acquisition made sense.
Subsequently, a group of attorneys from Parmenter O'Toole formed Lakefront Development,
LLC and began negotiating with Allegheny Teledyne to purchase the remaining 34 acres. We
reached an agreement in September of 1999 and the enclosed purchase agreement was signed.
Allegheny Teledyne is currently seeking approval of its remedial action plan ("RAP") from the
Michigan Department of Environmental Quality ("MDEQ"). Once the RAP is approved by the
State of Michigan, we are obligated to close the transaction.
The period during which Allegheny Teledyne has been working on its RAP with MDEQ has
provided Lakefront Development with the opportunity to conduct its due diligence and to design
the site. Since September 1999, we have been working with the City's staff in developing what
we believe to be the highest and best use of this important piece of property. After many
revisions, we are submitting the enclosed plans and drawings for Planning Commission review
and approval of the PUD.
Project Description.
Our frustration in our inability to find a site on the water in downtown Muskegon to build a new
building for Parmenter O'Toole has turned into a great opportunity for us, for Muskegon and for
the entire West Michigan area. We now have the ability and the desire to divide this site into 17
parcels ranging from .4 to 4.0 acres ofland. One of the parcels will be sold to Parmenter
O'Toole, for the construction of the law firm's new offices. One of the sites will be donated to
either the City or the Muskegon County Community Foundation for public space. The
remaining 15 sites will be available to sale to multiple developers for construction of the
buildings with uses consistent with the enclosed Master Plans.
The division into units will be accomplished by creating a site condominium for this parcel, with
the entire site managed by a condominium association comprised of the developer/unit owners.
The Master Deed and Bylaws of the condominium will include many open areas, including
nearly all the waterfront, which will allow for limited public access from both land and water.
To assure the maximum interaction between developer and the unit owners and for the overall
benefit of the City's waterfront development, the developer and the condominium association
will work in concert with City staff, and will maintain strict control over both the uses and
architectural design of each of the buildings to be constructed.
For the first time in generations, companies and developers will have the opportunity to build
along the beautiful Muskegon Lake shoreline. From our first visit to this site, we have
recognized the responsibility to the community in identifying the highest and best use of this site.
We have taken the time to consider all uses and designs and believe the plan we are submitting
suits the development of Muskegon's best feature, Muskegon Lake. With the construction of
Shoreline Drive, the relocation of Terrace Street, common areas, Muskegon Lake access and
strict architectural control, we believe this plan will be attractive to many business owners who
can finally locate their company along Muskegon Lake.
H.II.III\EDSl\203S3't>OOl'MISCIPUO_APP1.WPD
'
Lakefront Development does not intend to build any of the buildings indicated on the site plans.
It intends to sell only the units within the development. One of the many benefits of this plan is
that it will allow multiple companies and/or developer~ to build at the same time, guided by
Lakefront, the Association and the general guidelines of a Planned Unit Development, with City
staff monitoring the characteristics of individual buildings. We will not have to wait for a single
developer to build one building at a time.
Lakefront Development will supervise the construction of all roads and utilities, all of which will
be dedicated to the City of Muskegon as public ways. The Clean Michigan Initiative ("C:MI") has
recently awarded a grant in the amount of 1.61 million dollars to the City of Muskegon for the
development of this site, including the construction of infrastructure. The City of Muskegon will
build the road and utilities utilizing a portion of that grant. Other features, including the marina
basin, common areas, landscaping and water front improvements will be constructed by Lakefront
Development or the developer(s). Shoreline Drive and the relocation of Terrace Street will be
constructed by the City of Muskegon and the Michigan Department of Transportation.
Storm Water Management Plan.
This site is specifically designed with large green belt and common areas around each building and
parking area. All storm water will run off into the green belt areas where it will be detained and
percolate into the ground. Infrastructure will include a storm sewer system which will recover the
detained water. Eventually, all water will run into Muskegon Lake.
Representatives of L akefront Development, LLC, plan to attend the public hearing to address any
questions which the Planning Commission may have.
Exhibits:
a. Purchase A$reement/c ·
b. The legal des~riptiop of the site;
C. An aerial photbsraPh of Downtown Muskegon depicting the surrounding sites;
d. An aerial photo.fi ~h of Downtown Muskegon depicting this site;
e. Two different color- enderings of the proposed Muskegon Waterfront Master Plan (a site
plan and thred-dimensi~nal overview of the site);
f. A full size drawing of tfi proposed Muskegon Waterfront Unit Layout Plan; and,
g. A full size drawing of the proposed Muskegon Waterfront Master Plan.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 12, 2000
Hearing; Case 2000-28: Request for a Planned Unit Development for 700 Terrace St.
(former Teledyne site) by Lakefront Development, LLC.
BACKGROUND
Applicant: Lakefront Development, LLC
Property Address/Location: 700 Terrace St. (former Teledyne property)
Request: PUD to allow mixed-uses (residential, office, retail, marina)
Zoning: B-2, Convenience and Comparison Business
Present Land Use: Vacant
STAFF OBSERVATIONS
1. The subject property is the remainder of the former Teledyne prope1iy left, after the City
condemned a portion for the Shoreline Dr. East road project. The remainder contains
34.2 acres on Muskegon Lake. Shoreline Dr. has not been started yet - the project will
probably be done in 2001 or 2002.
2. The applicants have a signed purchase agreement with Teledyne and will be closing on
the prope1iy once the Remedial Action Plan (RAP) has been approved by the Michigan
Department ofEnviromnental Quality (MDEQ). They are applying for both preliminary
and final PUD approval for the site, which will be divided into 17 parcels. The prope1iy
will be a site condominium and each parcel will be sold separately.
3. As each building site is developed, the individual owner/developer will be subject to a
staff site plan review. Each site plan will have to fit in this schematic design as approved
by the Plam1ing Commission.
4. The City of Muskegon received a Clean Michigan Initiative (CMI) grant for 1.61 million
dollars to develop infrastructure for the site, including roads and utilities. The City and
State of Michigan will also be constructing Shoreline Dr. and relocating Terrace St. The
applicants (or their developers) will be constructing a marina basin, common areas,
landscaping and waterfront improvements.
5. The proposal for the site contains 197,608 square feet of buildings (13% of the total site),
and 472,911 square feet of pavement (roads and parking areas, 31.7% of the total site).
The parking area alone contains 381,111 square feet (25.5% of the total site). There is
20% of the site dedicated to common open space, and 14% as greenbelt area (shown on
City of Muskegon Planning Commission - 7/12/00
page 2 of the site plan). The lot coverages meet the requirements of the new Table I for
the B-2 zoning district.
6. The site plan contains 211,000 square feet of office space, 71,500 square feet of retail
space, a I 40-slip marina and 108 residential condominiums. There are 1,054 total
parking spaces provided, and the breakdown for each building on the site is given on the
site plan. Specific parking needs may change for each building, depending on the final
uses which occupy them.
7. The structures are all proposed to be 2 to 4 stories with terracing of height. The buildings
closest to the water are 2 stories, the ones furthest from the water are 4 stories.
8. The Fire Marshal reviewed the plans and requires further detail regarding fire department
access around the various buildings, proposed water main sizing and hydrant placement,
marina fire protection requirements, and other items related to building and fire code
issues. However, these items can be provided at the building plan review stage and will
not stall the project as long as they are addressed satisfactorily at that time.
9. The City Engineer reviewed the plans and specifies that approval of the entrance off of
Shoreline Dr. ( across from the realigned Western/Spring St.) is contingent upon MDOT
approval of the entrance.
10. The site plan shows a pedestrian walkway around the perimeter of the site, and staff has
been told that this walkway will tie into the Muskegon Lakeshore Pathway which the
City will be building along the future Shoreline Dr. roadway. This will allow public
access to the waterfront areas of this site.
11. Setbacks from the water are shown and average 77 feet. Although the second page of the
site plan shows the specific breakdown of the 17 lots, setbacks for each specific building
are not given. These could be approved as part of each specific lot's site plan, as long as
they meet Zoning Ordinance requirements.
12. The applicants are proposing to connect their access road to the existing Terrace Pointe
Dr., located just to the west of the subject property. This will allow better traffic
circulation for the site, and will tie into the existing uses to the west (Raffe1iy's, Terrace
Pointe Hotel), as well as the 'traditional' downtown area.
13. The Master Plan contains recommendations regarding habitat development and
implementation along Muskegon Lake and the Lakeshore area:
• Opportunities for habitat enhancement occur along nearly the entire shoreline ... The
Muskegon Lakeshore Trail will ... offer excellent opportunities for native plant habitat
along nearly it's entire route. Implementation of a general recommendation to plant
native tree, shrub, and herb species along the trail, extensively when possible, will
increase the aesthetics along the trail and provide habitat and a greenbelt around the
lake.
• Heritage Landing, Terrace Point, and other vacant former industrial properties have
excellent potential for habitat enhancement. A focus on landscaping with native
plants will add to the aesthetic, recreational, and educational quality of the
City of Muskegon Planning Commission - 7/12/00 2
lakeshore, and wildlife habitat along the lake. An increase of birds, butterflies, and
other small animals would be anticipated with increased native habitat.
Some of the waterfront area, specifically near the marina and lakeshore pathway
extension, should be planted with native species, as much as possible, in accordance with
the Master Plan recommendations.
14. Staff feels this is a good overall design in that: a) the waterfront remains common, b)
there is a court design that fosters a downtown character c) there is continuity of design
among the buildings, and d) the landscaping and trail design ties the project together and
with the greater community.
15. Staff has received a letter from Verpank Dock Co. (see enclosed) in suppmt of the
project.
DELIBERATION
Standards for discretionary uses
emphasis provided
1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason
of increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 7/12/00 3
CITY OF MUSKEGON
RESOLUTION 2000-75(al
RESOLUTION FOR A PLANNED UNIT DEVELOP!VIENT FOR 700 TERRACE ST.
(34.2 ACRES OF THE FOR!VIER TELEDYNE PROPERTY)
WHEREAS, a petition for a planned unit development was received from Lakefront
Development, LLC; and,
WHEREAS, a planned unit development will allow a mixed-use development, containing office,
retail, condominium and marina uses; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Planned
Unit Development and associated site plaf! with conditions as follows:
1. Fire Department issues will be addressed at the building plan review stage.
2. The approval of the easternmost entrance (across from the realigned Western/Spring St.)
is contingent upon MDOT approval.
3. Each separate use/building needs to individually obtain staff site plan approval, meeting
the landscaping and site plan review standards of the zoning ordinance, before it goes in.
Setbacks, landscaping and parking needs for each individual building/lot need to be
shown before approval will be given for that building/lot.
4. The terms of the master deed will be incorporated into the PUD by reference, to help
provide compliance with building design and common private open space requirements.
5. As much of the open space as possible, especially near the marina and lakeshore
pathway areas, should be either left natural, or planted with native species in order to
retain and enhance the habitat.
6. Signage will meet the requirements of the WM, Waterfront Marine district.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved
with conditions.
Adopted this 25th day of July, 2000
Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
Absent: None
By:-J~i4?)M • •
Attest ~ Q_Ld~
Gail A. Kundinger, Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1tify that the foregoing is a trne and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of July, 2000, at which meeting a quornm was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
1--d\
DATED: - - - - - ' - - - - ' - -1
-'--'----'
2000. L L~d~
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Commission Meeting Date: July 25, 2000
Date: July 13, 2000
To: Honorable Mayor and City Commiss~s
From: Planning & Economic Development /cl
RE: Request for amendment to Planned Unit Development for
property near Harvey St., and Oak Ave. (Mercy-General)
SUMMARY OF REQUEST:
Request to amend the Planned Unit Development for Mercy General Health Partners -
Oak Campus for a senior housing development to be located on the campus,
containing 89 senior apartments and 41 assisted living apartments, plus services
(salon, library, etc.). The request is from Mercy Continuing Care.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the PUD amendment provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the PUD amendment, with the
conditions listed on the attached resolution. The vote was unanimous.
7/13/2000
City of Muskegon
Planning Commission
Case #2000-27
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1000 0 1000 2000 Feet
MILLER HANSON WESTERBECK BERGER, INC
ARCHITECTS & PLANNERS
19 June2000
Ms. Brenda Moore
City of Muskegon
933 Terrace Street
P. 0. Box536
Muskegon, MJ 49443-9536
RE: The Village at Mercy Health Center
Muskegon, MI
Dear Brenda:
On behalf of Mercy Continuing Care, we present to you our submission package for your Planning Commis-
sion Meeting of July 12, 2000. Enclosed you will find site plans, building plans, exterior elevations and color
boards of the proposed project, located northeast of the Mercy Hospital Facility, just east of Harvey Street.
We hope these are helpful in assessing the P.U.D. for the aforementioned project.
As you know, this project sits on a heavily wooded lot that is currently master planned, to have a road ruuning
through it, connecting Harvey to Quarter Line Road. Although a functional application of the site, the road
itself may contribute to additional congestion to the area. This senior facility on the otherhand, we feel, will
maintain a quiet atmosphere (see traffic study) to the area, and provide a tremendous service to the commu-
nity as well.
1201 HAWTHORNE AVENUE MINNEAPOLIS, MINNESOTA 55403 FAX 612-332~5425
Through this project, Mercy offers to the citizens of your city, an age restricted project with 89 senior
oriented apartments and 4 apartments deemed assisted living. As an organization, Mercy is a good neighbor
to your community and in built form Mercy wants to reflect the same message. The design of the exterior
is a three-story structure which has a north woods "lodge" feel to it. Regarding project appearance, the
site's slope and the project size make it difficult to retain all of the trees on site. However, the site bound-
aries to the north and west will be maintained with as many existing trees as possible and the entire east side
will be natnral with the addition of a site pond for water retainage. In addition, the existing site path system
and its exercise equipment have been relocated within the reconfigured site plan for all of the community to
use.
As an architectural practice, specializing in Senior Care Facilities since 1962, we feel Mercy Continuing
Care will provide a tremendous service for the senior population of the greater Muskegon area. Mercy's
type of service, with its tight connection to their sophisticated health care organization, may be unparalleled
in the United States, and we feel fortunate to be affiliated with this process. As a trend, we see that projects
such as this not only serve the senior population, but the fact that seniors move from single family homes
helps to free up needed family housing. Ultimately, this raises the tax base as seniors are typically unable to
maintain homes to the high degree that families can.
Regarding the actual function of the building: Mercy Hospital's nursing and gerontology staff will provide
monthly, on site, assessments of residents to verify their health and well being (there will also be 24 hour
nurse staff on call, on site). This monthly assessment is a requirement for residency, and through this activity,
staff will be able to make recommendations to clients and family on the type of service each resident may
need. Wellness recommendations may be directed towards diet, activities, or a move to a skilled nursing
facility, dementia facility or even hospital attention on the campus. This is a program matched by few other
organizations, and we feel residents will receive the kind of attention they need in order to maintain a great
life style through the later portions of their lives. It is this type of service which sets Mercy's project apart
from any other senior facility in this area. However, this is not a skilled nursing facility, this is for seniors who
are ambulatory, but who may have special light daily needs to help them live a full life. Part ofthe stringent
assessment routines are to not only educate tenants, but also their families to understand the appropriate
time to move into a skilled facility.
Not only will Mercy provide state ofthe art care for its residents (with the availability of skilled staff and the
availiability of 3 nutritious meals prepared on site each day), but through its non-profit capabilities Mercy
offers the sponsorship of economic grants. These will be for current residents who find that their advanced
age and length of stay, have depleted their ability to transfer from the fifty senior oriented apartments to one
of the forty assisted living apartments.
The aforementioned building itself contains a wellness center, library, multipurpose rooms, beauty salon,
meditation room, hydro therapy room, assisted dining area, congregate dining area, a private dining room for
guests and families, a laundry room on each floor, a crafts room and a gentlemen's shop. The building also
features two light filled atriums for residents who are unable to get out to enjoy the outdoors.
The exterior extends out to provide two porte-cocheres for automotive drop off and pick up (shown at the
intro to this letter), three spacious patio areas for residents to enjoy the out of doors along with connected
walking paths which surround the building. We feel these amenities and services combined with its close
proximity to walking paths and the hospital itselfmake it a very suitable location for senior housing. You will
note from the attached data sheet that we are asking that the P.U.D. allow the project to be slightly denser
than the zoning requirements allow. We are also asking that this project signage, shown on Sheet A-3 5 be
slightly less monumental than the zoning regulations.
You will find, below, the statistical data regarding each apartment unit and the building that contains them.
First Level:
Unit # CLF Sq Ft
A- I BR 7 23 414.0
B-1 BR 7 495.0
C-2BR 5 682.0
D-2BR 4 735.0
E-EFF 2 ALF 349.0
F-1 BR 7 13 438.0
G-2BR 4 580.0
TOTAL 36
Second Level:
Unit # CLF SgFt
A-1 BR 7 33 414.0
B-1 BR 15 495.0
C-2BR 7 682.0
D-2BR 4 735.0
E-EFF 3 ALF 349.0
F-2BR 7 14 438.0
G-2BR 4 580.0
TOTAL 47
Third Level:
Unit # CLF SgFt
A-1 BR 7 33 414.0
B-1 BR 15 495.0
C-2BR 7 682.0
D-2BR 4 735.0
E-EFF 3 ALF 349.0
F-2BR 7 14 438.0
G-2BR 4 580.0
TOTAL 47
Congregate Living Facility- 89 Assisted Living Facility - 41 TOTAL UNITS= 130
Ground Level = 36,588 sq ft
Second Level = 35,637 sq ft
Third Level = 36,458 sq ft
Total Square footage = 108,683 sq ft
Total Parking Stalls = 86
I hope that this information is helpful to you in assessing the viability of this facility, and its ability to be a
good neighbor to the rest of the conununity.
I am available to answer any of your questions regarding this 90-unit facility at any time. My office phone
number is 612-332-5420, ext. 221, and my mobile phone number is 612-810-8293.
Sincerely,
cc: Jeff Melby-Weis Builders
Allyson Boyle-Mercy Continuing Care
MILLER HANSON WESTERBECK BERGER, INC
ARCHITECTS & PLANNERS
19 June 2000
Ms. Brenda Moore
City of Muskegon
933 Terrace Street
P. 0. Box 536
Muskegon, MI 49443-9536
Re: Traffic
The Village at Mercy Health Center
Muskegon,MI
Dear Brenda:
As we have discussed at previous meetings, excessive traffic generated from this project could negatively
impact the entire area. We feel that this type of senior project is very low impact when it comes to traffic.
Please see the attached documentation for reference.
Another great component of the site design for this project is that there is a loop road. This loop road may
serve a public bus very well, and we are coordinating with JimKoens at MTS to verify if he will consider
extending the line to the site. If this can happen, we feel the traffic volume shown on the attached sheets
will be even less.
At this time, Mercy is hopeful that after three years they will have a quarter million dollar profit for the
project. Most of that money will go to assisting residents transition from congregate living to assisted
living, however, some of that money could go to a Senior Van if transit service is not extensive enough.
I am hopeful this answers your questions regarding car generation. I am always available for further
conversation at my office phone 612-332-5420 extension #221 and mobile 612-332-5420.
Sincerely,
R N WESTERBECK BERGER, INC
~
Ison, AIA
1201 HAwrHORNE AVENUE MINNEAPOLIS, MINNESOTA 55403 612-332-5420 FAX 612-332-5425
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 12, 2000
Hearing: Case 2000-27: Request for an amendment to the Planned Unit Development
for property near Harvey St., and Oak Ave., by Mercy Continuing Care.
BACKGROUND
Applicant: Mercy Continuing Care / Miller Hanson Westerbeck Berger, Inc. Architects
Property Address/Location: within Mercy-General Health Partners - Oak Campus (Harvey
St. and Oak Ave.)
Request: PUD amendment to allow a senior living center
Zoning: RM-2, Medium Density Multiple-Family Residential
Present Land Use: Vacant area on hospital campus with pedestrian trail and exercise stations
STAFF OBSERVATIONS
I. This project is proposed to be located within the Mercy-General Health Partners Oak
Campus. The subject property is currently vacant, with trees and dense underbmsh.
There is cmTently a walking trail on the site, with exercise stations set up.
2. The proposed development includes 89 senior apartments and 41 assisted living
apmtments. There m·e also various services located in the complex for the residents' use
(e.g., clinic, salon, library). The walking trail and exercise stations have been relocated in
the proposal, so that they will still be available to residents of the site and others.
3. The proposed site contains 6.92 acres. The 130 units proposed gives a density of 18.78
units per acre, which is under the 24 units/acre allowed by the new Table I regulations in
the RM-2 zoning district. The proposed buildings would cover 12.3% of the site, which
is well under the 70% lot coverage for buildings permitted by Table I. We do not have a
figure for the amount of pavement covering the site, but it appem·s to be within the 20%
allowed. The site is required to have 15% open space - again, we don't have a figure for
this, but staff feels that they appear to meet the requirement. The proposed development
is 3 stories high, which is allowed in the RM-2 district.
4. Although a setback boundary area (20-foot front, 25-foot rear, 7-foot each side) is shown
on the site plan, the specific setbacks for the building and pavement are not indicated.
The required setbacks in the RM-2 district for this development would be 20-foot front,
30-foot rear, and 12-foot each side, with 28-foot total of both sides. Setbacks should be
shown on the site plan. The Planning Commission, through the PUD process, does have
City of Muskegon Planning Commission - 7/12/00
the ability to relax some of the setbacks if it makes sense for the design of a particular
project.
5. The site plan shows a total of 86 parking spaces, which is above the number required.
For senior housing, the Zoning Ordinance requires I space per 3 residents, plus I space
per employee. With 139 total units and 10 employees, the total number of spaces
required would be 56. Several handicapped spaces are among those spaces shown on the
site plan.
6. Although a great deal of the existing trees need to be removed in order to build the
development, the site plan does show existing trees to remain, which would not be
displaced by the development. A landscaping plan was submitted, which meets current
landscaping requirements. The walking trail is shown to be relocated to circle the
development and link to existing trails which would not be disturbed by the development.
The walking trail is part of the area designated for common open space as required for a
PUD.
7. The Fire Marshal has accepted the site plan as submitted and has no outstanding issues
with the site.
8. The City Engineer has reviewed the site plan and has several comments regarding it:
A soil erosion permit is required for the site.
City personnel will operate all valves on public right-of-way and/or easements.
The status of water and sewer service have to be addressed. Will the mains serving
the facility be private?
Water meter issues need to be addressed. Will each unit be metered, or will the
building have one meter?
9. No lighting or sign detail is given on the site plan. Lighting and signs need to meet
ordinance requirements.
DELIBERATION
Standards for discretionary uses
emphasis provided
1. Give due regard to the nature of all adjacent uses and structures and the consistency
with the adjacent use and development.
2. Find that the proposed use or activity would not be offensive. or a nuisance, by reason
of increased traffic, noise, vibration. or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the
activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
City of Muskegon Planning Commission - 7/12/00 2
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 7/12/00 3
CITY OF MUSKEGON
RESOLUTION 2000-75(bl
RESOLUTION FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR
MERCY-GENERAL HEALTH PARTNERS-OAK CAMPUS
WHEREAS, a petition for a planned unit development amendment was received from Mercy
Continuing Care; and,
WHEREAS, a planned unit development amendment will allow a senior housing development
in the existing PUD for the hospital campus; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planniug Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Planned
Unit Development with conditions as follows:
1. Setbacks need to be shown on the site plan.
2. Figures for pavement coverage of the site, and total common open space for the site need
to be given on the site plan.
3. All signs and outdoor lighting need to meet ordinance requirements.
4. A soil erosion permit will be obtained from the Engineering Department.
5. City personnel will operate all valves on public right-of-way and/or easements.
6. Water meter issues will be addressed with the Engineering/DPW Departments.
7. All common areas shall be properly marked and blocked off on site during clearing and
construction to ensure tree and vegetation protection.
8. The wooded area to the east is to remain dedicated common open space.
9. Landscaped areas will be irrigated.
I 0. Stormwater drainage will e approved by the Engineering Department.
11. The developer is obligated to the elevation designs submitted as part of this application.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved
with conditions.
Adopted this 25th day of July, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sienadzki, Spataro, Aslakson
Nays: None
Absent: None
By .,_J,-<J Jl - ~
Fred J. Ni# ,Mayor
Attest:~~-~O
~,:.L_:_~~~-
Gail A. Kundinger, Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1tify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of July, 2000, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
the,~by. ,_,\ _ j
DATED: '1 , .;J..1 ,2000. ~ ~
Gail Kundinger, cMC/AAE
Clerk, City of Muskegon
Date: July 18, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Dept.
RE: concurrence with Housing Board of Appeals findings
and Order for 582 W Webster.
SUMMARY OF REQUEST:
This to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 582 W
Webster, also known as, The North Easterly 19 Feet, 102/3 inches,
Lot 9 Block 322, is unsafe, substandard and a public nuisance and
that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for
demolition of the structure and the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This property is located on Webster Ave. where Ninth Street
intersects. The owner is Residential Funding Corporation in San
Diego California.
A dangerous building inspection of this property was conducted on
November 24, 1997 following receipt of a complaint. The condition
justified the issuance of a notice and order to repair or demolish on
December 4, 1997. The case was referred to the Housing Board of
Appeals on February 5, 1998 because the owner made no attempt to
correct the violations stated in the order.
No one appeared at the meeting on behalf of the owner and the
Board found the property to be unsafe, substandard and a public
nuisance and ordered it demolished.
It is estimated that the cost of bringing the property into compliance
with City codes would be in the range of $16,000 - $21,000.
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:\ssessor
616/724-6708
Cemetery
6161724-6783
Clvll Service West Mlchl!!an's Sborellne City
616/724-6716
NOTICE AND ORDER
Clerk
616/724-6705
C. ~- Services December 4, 1997
616/724-6717
Engineering Jonathon Brandel
616/724-6707
448 Allen
Muskegon,Mi.49442
Finance
616/724-6713
Dan Heller
Fire Dept.
P. 0. Box 181
616/724-6792 Hesperia, Mi. 4 9421
Income Tax Dear Property Owner:
616/724-6770
Subject: 582 W. Webster (house)
1n~Ot'r!ion.'!. NEL Y 19 Ft 10 2/3 In, Lot 9, Block 322
. · ;r;, "'.''._!.1.;, 7; l
Leisure Service The City of Muskegon Building Official has recently inspected the subject property and has
H\6/724-6704
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
vlana~er"s omce
6161724-6724
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
structures within thirty (30) days.
\1ayor's omce
616/724-6701
If you elect to repair the structures, you must secure all required permits and physically
Planninwzonin~ commence the work within thirty (30) days from the date of this order.
6161724-6702
Should you have any questions concerning this matter, please do not hesitate to contact our
Police Dept Building Official, Jerry McIntyre at 724-6715.
ii 161724-6750
Sincerely yours,
Public Works
6161726-4786
Treasurer Daniel Schmelzinger
lilli/724-6720
Director, Neighborhood and Construction Services
Water Dept.
H161724-6718
City of Muskegon. 933 Terrace Street. P.O. Box 536, Muskegon, Michigan 49443-0536
DANGEROUS BUILDING INSPECTION
582 W. WEBSTER
11/24/97
APPROXTh,fATELY 30 FT X 50 FT 1 STORY WOOD FRAME UNOCCUPIED HOUSE.
l. BUILDING IS BOARDED UP.
2. FOUNDATION REQUIRES REPAIRS.
3. ROOFROTTED.
4. EVES ROTTED WITH OPEN HOLES.
5. PILLARS UNDER REAR POARCH TIPPED AND FLOOR JOIST ARE IMPROPERLY
SUPPORTED.
BASED UPON MY RECENT INSPECTION OF TI-IE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS TI-IE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
d/Lf
GEORGE DOOD, BUILDING INSPECTOR
/l/2y/t1
DATE
.,.----, , ·" _., I --'-'-
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~ i' 71
.-\fflrmallve Action
6161724-6703
MUSKEGON r
Assessor
6161724-6708
Cemetery
6161724-6783
Clvll Service West Mldllgan's Shoreline City
6161724-6716
CITY OF MUSKEGON
Clerk
616/724-6705 NOTICE OF HEARING ON
DANGEROUS AND UNSAFE CONDITIONS
C. N. Services
616/724·6717
DATE: January 21, 1998
8nglneering
6161124-6101 TO: Jonathon Brandel
448 Allen
Finance Muskegon,Mi.49442
616/724-6713
SUBJECT: Case #98-06- 582 W. Webster (house)
Fire Dept.
616/724-6792
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on February 5, 1998 at 5:30 p.m. at the Muskegon City Hall
Income Tax
616/72--1--6770 Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.
:n~Jlt'fCl•JU:-
•, ifi ni.,11:_; The structure has been inspected by officials from the Neighborhood and Construction
Services department and it is alleged that it has defects as listed on the attached page(s).
Leisure Service
6 \61724-6704 The defects are violations of Section 4-23 of the Muskegon City Code which defines
dangerous buildings.
\tanager"s omce
616172--1-6724
At the hearing, the Neighborhood and Construction Services department will present
testimony regarding the alleged defects. You are advised that you or your representative
\1ayor·s Office
616/724-6701
may cross examine the City's witnesses and you may present testimony in your own behalf
and call witnesses in your own behalf. We encourage you to attend the meeting since it is
always better if someone is available to answer any questions the Board may have.
Ptannlng/Zonlng
6161724-6702
Neighborhood and Construction Services
Pollce Dept.
City of Muskegon
6161724-6750
Public Works
6161726-4786
Treasurer
6161724-6720
Water Dept.
616/724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
.-\fflrmatlve Action
616172--1-6703
\ssessor
616172--1-6708
Cemetery
616172--1-6783
Civil Service West Mk:blf!llil's Shoreline City
6161724-6716
Clerk
6 J 6/724-6705
C. .'I. Services
616/724-6717
March 10, 1998
Engineering
6161i2--Hl707 Mr. Jonathon Brandel
448 Allen
Muskegon, MI 49442
Finance
6\61724-6713
Dear Mr. Brandel:
Fire Dept. SUBJECT: 582 W. Webster
6 \ 6172--1-6792 Muskegon, Michigan
On February 5, 1998 the Muskegon Housing Board of Appeals made a
Income Ta.-.; determination that the subject property is unsafe, a public nuisance and
6!61724-6770
a dangerous building under City Code and ordered that it be demolished
or repaired by March 6, 1998 .
. 1\"lWC\lllfl~
•i!li.:-2--HJ"'il.i
Because such action .,,,,as not tai<.en by that da-ce, the findings of the
Board will now be sent to the City Commission as part of a request for
concurrence in the Board's determination and an order to demolish. The
Leisure Ser\'ice
Commission will consider this request at its regularly scheduled
616/724-670-t legislative meeting on Tuesday, March 24, 1998, at 5:30 p.m. This
meeting will be held at the Muskegon High School auditorium, 80 W.
Southern. A workshop session of the Commission to review agenda items
\lana~er s Orflce will also be held on March 23, 1998 at 5:00 p.m. The workshop meeting
fil6172--l-672-t will be held in the Commission chambers on the first floor of City Hall,
933 Terrace Street.
\layor's ornce
6 16172--1-670 I
At either of these meetings, you or your representative will be given
the opportunity to show cause why the building should not be demolished.
Planning,Zoning If you have any questions concerning this matter, please do not hesitate
Ii\ 61724-6702 to contact me at 724-6715.
Sincerely yours,
Police Dept.
616/724-6750
Daniel Schmelzinger
Public Works
616/726-4786 Director, Neighborhood
Treasurer
616/724-6720
Water Dept
f.il!i/724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
:\fflrmatlfe .\cllon
616/72-l-6703 MUSKEGON (
Assessor
6161724-6708
Cemetery
616/724•6783
Clvll Service West Michigan's Sborellne City
616/724-6716
Clerk
616/724-6705
C. ~- Services
616/724-6717
March 10, 1998
Engineering
616/724-6707
Cornmonpoint Mortgage
3643-A 28ili Street SE
Grand Rapids, MI 49512
Finance
6161724-6713
To Whom It May Concern:
Fire Dept. SUBJECT: 582 W. Webster
6161724-6792 Muskegon, Michigan
On February 5, 1998 the Muskegon Housing Board of Appeals made a
Income Tax determination that the subject property is unsafe, a public nuisance and
616/72-l-6770
a dangerous building under City Code and ordered that it be demolished
or repaired by March 6, 1998.
in~oenmns
Glt.i17'.:!:H7!5
3ecause such action was not taken by that date, the findings of :he
Board will now be sent to the City Commission as part of a request for
concurrence in the Board's determination and an order to demolish. The
Leisure Servtce Commission will consider this request at its regularly scheduled
616/724-670--1 legislative meeting on Tuesday, March 24, 1998, at 5:30 p.m. This
meeting will be held at the Muskegon High School auditorium, 80 W.
Southern. A workshop session of the Commission to review agenda items
\lanager-. Office will also be held on March 23, 1998 at 5: 00 p. m. The workshop meeting
f:ilfil72--l-fi72--I
will be held in the Commission chambers on the first floor of City Hall,
933 Terrace Street.
\lavor·s Office
6161724-6701
At either of these meetings, you or your representative will be given
the opportunity to show cause why the building should not be demolished.
PlannlnwZonln.!l If you have any questions concerning this matter, please do not hesitate
616/724-6702 to contact me at 724-6715.
Sincerely yours,
Police Dept.
lil6/724-6750
r:--s~ ~:,:.Av-.. ~~
Daniel Schmelzinger
Publlc Works
616/726-4786
Director, Neighborhood and Construction Services
Treasurer
lilli/72--1•6720
Water Dept
61 {i/724-6718
Clty of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
DANGEROUS BUILDING INSPECTION
582 W. WEBSTER
11/24/97
2/19/1998 INTERIOR
APPROXIMATELY 30 FT X 50 FT 1 STORY WOOD FRAME UNOCCUPIED HOUSE.
1. BUILDING IS BOARDED UP.
2. FOUNDATION REQUIRES REP AIRS.
3. ROOF ROTTED.
4. EVES ROTTED WITH OPEN HOLES.
5. PILLARS UNDER REAR PORCH TIPPED AND FLOOR JOIST ARE IMPROPERLY
SUPPORTED.
6. COMPLETE PLUMBING, MECHANICAL, AND ELECTRICAL SYSTEM
REPLACEMENT NECESSARY.
7. PROPERLY REP AIR/ SPLIT, NOTCHED AND CUT FLOOR JOIST.
8. REPAIRREARPORCHROOF.
9. SMOKE DETECTORS REQUIRED PER CABO I+ II CODE.
~ D , BUILDING INSPECTOR DATE
{
HOUSING BOARD OF APPEALS
FEBRUARY 5, 1998
PAGE6
-07 - 1710 SUPERIOR (APT. BUILDING) - PRINCE CHARLES ALEEM,
284 E. LARCH, MUSKEGON, MI.
Prince Charle m and his attorney, Chris Wilson was in attendance Scbmelzinger
reported that Mr. intends to demolish the building, which arson fire in it. He has
solicited bids for the de · · n. John Warner made a motio ported by Randy Mackie, to
declare the apartment buildiri unsafe, substandar lie nuisance and forward to the
City Commission for concurrence. call vote aken:
AYES: NAYS:
Greg Borgman
Fred Nielsen
Randy Mackie
Boyd Arthur
John w
#98-06 - 582 W. WEBSTER (HOUSE) - JONATHON BRANDEL, 448 ALLEN,
MUSKEGON
"o one was in attendance. There has been some discussion with the Brandel family who intends
to make repairs. We have not received a schedule for repairs from anyone. Boyd Arthur made a
motion, supported by Clint Todd, to declare the structure unsafe, substandard, a public nuisance
and forward to the City Commission for concurrence.
OLD BUSINESS: None
NEW BUSINESS:
The Community Officers ask about 376 Catherine which has been vacant, not boarded up good,
and is a local hang out for suspicious activities such as narcotics, gambling, etc and has had a lot
of police reports filed. They are also concerned about 1236 Spring which has had a number of
police reports on gambling, narcotics, disturbances, shots fired, etc. The officers would like to
see these expedited.
Meeting was adjourned at 6:07 p.m.
Respectfully submitted.
Dan Schmelzinger
Director, Neighborhood and Construction Services
.loffirnrntlYe Action
231172-4-6703
FAX1722-1214 MUSKEGON
Assessor
23 l /724-6708
FAX/726-5181
Cemetery
2311724-6783
FAX/726-5617
Civil Se.vice
231/724-6716
F AX/724-4405
West Michigan's Shorellne City
Clerk
231/724-6705
FAX/724-4178
Comm. & Neigh.
DANGEROUS BUILDING INSPECTION REPORT
Services
231/724-6717
FAX/726-2501
582WEBSTER
6/1/00
Engineering
231/724-6707
FAX/727-6904
Finance Inspection Noted:
231/724-6713
F AX/724-6768
1. Electrical code violations - improper wiring (numerous).
Fire Dept.
231/724-6792 2. Plumbing code violations - Plumbing not installed to code (numerous).
F AX/724-6985 3. Improper floor joist support in basement.
Income Tax 4. Improper porch support- columns, joists.
231/724-6770
FAX/724-6768
5. Front steps cracked deteriorated handrail not to code.
6. Missing siding.
Info. Systems
231/724-6744 7. Soffit and fascia repair needed.
FAX1722-4301 8. Roof covering deteriorating.
Leisure Service 9. Improper interior framing. walls, stairs.
231/724-6704
FAX/724-1196
10. Missing wall board.
Manager's Office
231/724-6724
FAX/722-1214 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
Mayor's Office DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
231/724-6701 DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
FAX/722-1214
4-23 OF THE MUSKEGON CITY CODE.
Inspection Services '
231/724-6715
FAX/726-2501
Planning/Zoning
ALTINOWSKI, BUILDING I SPECTOR
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
CONCURED IN: . ~i,'J --m~
::· JE~/MCIN'IY,UILDING OFFICIAL
le -/c?- ,1-0
DATE
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
F AX/724-6768
Water Billing Dept.
231/724-6718
FAX/724-6768
Water Filtration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Inspections Department
Re: Concurrence with Housing Board of Appeals
Findings and Order for case #00-37 - 1867 Hoyt
Street.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 1867 Hoyt
Street, also known as, Plat A Muskegon Heights, Lot 9, Block 3, is
unsafe, substandard and 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 demolitions with the
lowest responsible bidder.
FINANCIAL lf\APACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This single-family dwelling is located on Hoyt Street between
Holbrook and Laketon. Scott Barr owns the property.
A Dangerous building inspection was done on 4/3/00 which revealed
the structure(s) were in need of repair. A Notice and Order was sent
on 4/3/00. On 4/24/00 Notice was sent to the Mortgage Company.
On 5/22/00, Notice of Hearing was sent. The Housing Board of
Appeals heard the case on June 1, 2000. The Board declared
unsafe, substandard, a public nuisance and ordered it to be
demolished. Finding of facts and order was sent out on 6/5/00.
To this date, there has been no contact with the owner.
ESTIMATED COST TO REPAIR:
$15,000.00
CCL .·I _J
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Affirr ,a1h·e Action
,. i 617 :A-6 70J
1·_-\X/72-1-679() MUSKEGON
.-\sscssor
6161724-6 708
F.\X/724-6768
Cemetery
6(6/72-t-6783
FAX/722--4188
Civil SerYice
6!6/724-6716
FAX/72-1-6790 West Michigan's Shoreline City
Clerk
616/72-4-6705
FAX/72-1-4178
DANGEROUS BUILDING INSPECTION REPORT
Comm. & Neigh.
Sen-fres
616/72-4-6717
FAX/726-2501
1867 HOYT
Engineering
616/72-4-6707
April 3, 2000
FAX/72-1-6790
Finance
616/724-6713 Inspection Noted:
FAX/72-1-6768
Fire Dept. 1. Chimney collapsing on home.
616/72-t-6792
FAX/72-1-6985 2. Siding on home in need of repair, paint.
Income Tax
3. Numerous broken out windows and torn screens.
{,]6/72-1-6770 4. Interior home walls have been vandalized. Large holes in drywall.
FAX/72-1-6768
5. Soffit repair needed on home.
hifo. Systems 6. Garage roof in need of repair.
616/72-1-6975
FAX/72-1-6768
7. Door falling off garage.
8. Siding in need of repair on garage.
Ldsure Service
616/72-1-670-1 9. Home is open, directly across the street from Moon Elementary School.
I.. AX/724-6790
,\lanager's Office
6(6/72-4-6724
FAX/724-6790
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Mayor's Office
6!6/72-1-6701
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON
FAX/72-1-6790 CITY CODE.
S,,,gh. & Const.
~ :n-·iccs
6!6/724-6715
Q .
F.-\X/72-1-67'J0 ~
Planning/Zoning
616/72-1-6702
FAX/724-6790
Police De11t.
6(6/724-6750
FAX/722-51..j0
Date
Public Works
616/72-1--1 I 00
FAX/722-4188
Treasurer
616/72-1-6720
F.-\X/72-1-6768
Water Dept.
616/72..j-6718
FAX/72..j-6768
Water Filtration
616172-1--1106
F,\X/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
~Jfin., :Jin Action
,.,lii/724-6703
l-.-\\/724-6790 MUSKEGON
Assessor
6161724-6708
FAX/724-6768
Cemetery
616/724-6783
FAX/722-4188
Ch ii Ser,ice
616/724-6716
FAX/724-6790 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
NOTICE AND ORDER
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
April 3, 2000
Engineering
616/724-6707
FAX/724-6790
Fimincc
Scott Barr
616/724-67IJ 1386 Nelson
FAX/724-6768
Muskegon Ml 49441
Fire Dept.
(,16/724-6792
FAX/724-6985 Ms. Virginia Barr
1867 Hoyt
Income Tax
616/724-6770 Muskegon Ml 49442
FAX/724-6768
Info. Sy~lcms
616/724-6975
FAX/724-6768
Dear Property Owner:
Leisure Service
616/724-6704 Subject: 1867 Hoyt
FAX/724-6790 PLAT A MUSKEGON HEIGHTS, LOT 9 BLK 3
Manager's Office
6161724 6
· "'
FAX/724-6790
The City of Muskegon Building Official has recently inspected the subject property and
has found the buildings to be dangerous as defined under Section 4-23 o fthe
,\layor's Office
616/724-670 l
Muskegon City Code.
FAX/724-6790
,',cigh. & Const. As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
Services structures within thirty (-10) days form the date of this order.
616/724-6715
FA.X/724-6790
Should you have any questions concerning this matter, please do not hesitate to contact
Pl.inning/Zoning
616/724-6702 our Building Official, Jerry McIntyre at 9231) 724-6715.
1)
F.-\X/724-6790
P,lice O,pt. Sincerely yours,
!\~~:;~;~;~~ 0 ~ _1 I) J A ~ i "'
Public Works ~ - } ~
616/724-4100
FAxm2.41ss R bert B. Grabinski
""""'" Fire Marshal/Inspection Services
616/724-6720
FAX/724-6768
\Yater Dl'pl.
616/724-6718
FAX/724-6768
W:1tcr Filtration
616/724-4106
F.-\X/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.-\'."firmati\e Action
616(124-6703
FAX/724-6790
.-\ssessor
616/724-6708
F.-\X/724-6768
Cemetery
6 J6/724-6783
FAX1722-4188
Civil Service
616/724-6716
FAX1724-6790 West Michigan's Shorellne City
April 24, 2000
Clerk
616/724-6705
FAX/724-6768
Comm. & Neigh.
Services FUNB for DH Asset Inc.
616/724-6717 3950 RCA Blvd., Suite 5001
FAX/724-6790
Palm Beach Gardens, Fl. 33410
Engineering
616/724---6707
FAX/724-6790 RE: 1867 Hoyt Street, Muskegon Ml, also known as,
Finance
Plat A Muskegon Heights, Lot 9 Block 3
616/724-6713
F AX/724-6768
To Whom It May Concern:
Fire Dept.
616/724-6792
F AX/724-6985 It has been brought to our attention that the above property may be of interest to
you. This is to inform you that the structures located at the above property has
Income Tax
616/724-6770 been put on our Dangerous Building list. Please see the enclosed Notice and
FAX/724-6768
Order that was sent out on 4/3/00. Also enclosed is the inspection report with the
Info. Systems code violations that is dated 4/3/00.
616/724-6975
FAX/724-6768
This property will be going before the Housing Board of Appeals June 1, 2000.
Leisure Service
616/724-6704 The board will determine if this property should be declared substandard, unsafe,
FAX/724-6790 a public nuisance and forward the case to the City of Muskegon Commission
Manager's Office Committee for concurrence with the decision to demolish the structures.
616/724-6724
FAX/724-6790
Please feel free to call (231) 724-6715 with any questions or concerns.
Mayor's Office
616/724-6701
FAX/724-6790
Sincerely you~sX I_ n
Neigh. & Const.
Services
616/724-6715
~~~-
FAX/724-6790 R]~ert B Grabinski
Fire Marshal/Inspection Services
Planning/Zoning
616/724---6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAX/724-6768
Wafer Filtration
616/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Affirmallve Action
2311724-6703
FAX/722-1214 MUSKEGON
Assessor
231/7?4-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil SerYlce
231/724-6716
F Axn24--4405 West Michigan's Shorelhte City
Clerk
231/724--6705
FAxn24-4178
Comm. & Neigh,
Services
CITY OF MUSKEGON
231/724-6717
FAX1726-2501
NOTICE OF HEARING ON
Engineering DANGEROUS AND UNSAFE CONDITIONS
231/724--6707
l<'AX/727--6904
Finance
231/724-6713
FAX/724-6768
DATE: May 22, 2000
Fire Dept.
2)1/724-6792
F AX/724-6985 Mr. Scott Barr
1386 Nelson
Income Tax
231/724-6770 Muskegon MI 49441
FAX/724-6768
Info, Systems FUNB forDH Asset Inc.
231/724-6744
FAX1722-4301
3950 RCA Blve., STE 5001
Palm Beach Garden, FL 33410
Leisure Service
231/724-6704
FAX/724-1196 SUBJECT: Dangerous Building Case# 00-37 - 1867 Hoyt, Muskegon, MI
Manager's Office
231/724-6724
F AX/722-121-1
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on Thursday, June 1, 2000. at the Muskegon City Hall
Mayor's Office
2311724-6701 Commission Chambers on the first floor. Said hearing will be for the purpose of
FAX/722-1214 determining whether the structure should be demolished or otherwise made safe.
Inspection Services
231/724-6715
FAX/726-2501
Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
Planning/Zoning
231/724-6702
FAX/724-6790 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Police Dept. dangerous buildings.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
2)1/724-6720
FAX/724-6768
Water BIiiing Dept,
231/724-6718
FAX/724-6768
Water Filtration
2)1/724-4106
t'AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
At the hearing, the Inspection Services Department will present testimony regarding the
alleged defects. You are advised that you or your representative may cross examine the
City's witnesses and you may present testimony in your own behalf and call witnesses in
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Inspection Services
City of Muskegon
AfGrmatlve Action
:JJ/724-6703
FAX/722-121-1 MUSKEGON
Assessor
231/724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
CMlService
231/724--6716
F AX/724--4405 West Michigan's Shoreline Oty
Clerk
231/724-6705 MUSKEGON HOUSING BOARD OF APPEALS
FAX/724--4178
Comm. & Neigh. DATE: June 5, 2000
Services CASE: #00-37 - 1867 Hoyt., Muskegon MI
231/724--6717
FAX/726-2501
Engineering
Mr. Scott Barr
231/724-6707 1386 Nelson
FAX/727-6904
Muskegon MI 49441
Finance
231/724-6713
FAX/724-6768 FUNB for DH Asset Inc.
Flre Dept.
3950 RCA Blvd., STE 5001
231/724-6792 Palm Beach Garden, FL 33410
F AX/724-6985
Income Tax FINDING OF FACTS AND ORDER
231/724-6770
F AX/724-6768
Info. Systems
The following action was taken at a session of the Muskegon Housing Board of Appeals
231/724-6744 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the March 2, 2000
FAX/722--4301
The Inspections Services Department of the City of Muskegon, having inspected the
Leisure Service building structure located upon the property described as Plat A Muskegon Heights, Lot 9
23In2+6704
FAX/724--1196 BLK 3, also know as, 1867 Hoyt, found the conditions listed on the attached pages exist and
that these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
Manager's Office
231/724-6724
FAX/722-1214
The Board further found that these conditions exist to the extent of endangering life, safety
Mayor's Office and the general welfare of the endangering life, safety and the general welfare of the public.
231/724-6701
fA,'{/722-1214
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
I nspectlon Services
231/724-6715 declared to be unsafe, substandard and a public nuisance.
FAX/726-2501
Planning/Zoning It is, further ordered that if the owners or other interested parties fail to repair ofremove said
231/724-6702
F AX/724-6790
structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and remove said structure.
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Billing Dept.
231/724-6718
F AX/724-6768
Water Flltratlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
Greg
MUS BOARD OF APPEALS
MUSKEGON HOUSING BOARD OF APPEALS PAGESOF7
MEETING MINUTES JUNE 1, 2000
00-35-1362 GETTY- MARIO STEVENSON, 1362 GETTY, MUSKEGON M
ario did not attend the meeting. Bob Grabinski informed the board th
violat, s except the chimney were on the garage. Bob stated that the st
recomm ded to give an extension of 30 days for the chimney repair a to forward
the garage the city commission for concurrence.
John Warner, su orted by Randy Mackie, made a motion to dee/ e the garage,
substandard, unsa a public nuisance and to forward to the cit ommission for
concurrence. The ch, ney on the house violation was extend for 30 days. Bring
back to review on 8/6/0 · repairs are incomplete. A roll call te was taken.
AYES: ABSENT:
Greg Borgman Clinton Todd
John Warner
Randy Mackie
Jerry Bever
The motion Carried.
#00-36 - 337 W GRAND AVE - Ed Ho , 2345 Dowd, Muskegon Ml
Mr. Houghtaling or a representativ id not attend th eeting. Bob stated that
given the history, it was the Staff' recommendation to /are this structure
substandard, unsafe, a public isance and forward to Cit
concurrence.
Randy Mackie, support by John Warner, made a motion to acce he staff's
recommendation and rward the case to the City Commission for con A
roll call vote was t
AYES: NAYES: EXCUSED:
Greg Borg Fred Nielsen
John Wa r William Anderson
Randy ackie
Jerr
e motion carried.
#00-37 - 1867 HOYT- SCOTT BARR, 1386 NELSON, MUSKEGON, Ml
FUNB for DH Asset Inc., Palm Beach Gardens, FL.
Mr. Barr and/or a representative did not attend the meeting. Bob informed the board
that an inspection was conducted in April and revealed that the home needs a lot of
work. Notices were sent to the Mortgage Company as well as the owner and the
I\Gis _ntldata\INSPECTIONSIBA UMAN\Cathy\HBA MEETINGSIMINUTES 6-1-00.doc
I
.. .
MUSKEGON HOUSING BOARD OF APPEALS PAGE 6 OF 7
MEETING MINUTES JUNE I, 2000
#00-37 -1867 HOYT (CONTINUED)
Inspections Dept. has not heard from either of them. Staff recommended to declare
the building substandard, unsafe, a public nuisance, and forward to the City
Commission for concurrence.
Randy Mackie, supported by Greg Borgman, made a motion to accept Staff's
recommendation and forward the case to the City Commission for concurrence. A
roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Neilsen Clinton Todd
John Warner William Anderson
Randy Mackie
Jerry Bever
The motion carried.
-38-1299 FOURTH - Edwin Backing, 1586 Sanford, Muskeg
and/or 577 Strawberry Lane, Muske n Ml
The owner an a representative did not attend the meeti . Bob Grabinski stated
that this home is a esore. History shows that the bui g has been in disrepair
for a long time and the ff recommends to declare t structure(s) substandard,
unsafe, a public nuisance to forward to the Ci ommission for concurrence.
Greg Borgman, supported by Ra
recommendation and forward the ca
AYES: NAYES: ABSENT:
Greg Borgman Clinton Todd
Randy Mackie
John Warner
Jerry Bever
Bob i med the board that the current Dangerous Building list will be bu or a
few onths and asked them all to do the best they can to attend all the meet1
I\Gis _ntldata\f:-;SPECT!ONSIBAUMAN\Cathy\HBA MEET!NGSIM!NUTES 6-1-00.doc
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Inspections Department
Re: Concurrence with Housing Board of Appeals
Findings and Order for case #00-36 - 337 W Grand
Ave.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 377 W
Grand Ave, also known as, The East 44 Feet of Lots 1-2. Block
419, is unsafe, substandard and 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 demolitions with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This two-unit apartment building is located on W Grand Avenue
between Seventh Street and Sixth Street. The owner is Ed
Houghtaling.
The property has been ticketed four times for renting with out a
certificate of compliance and failure to maintain the exterior of the
structure(s ). A final notice to repair was sent on 10/29/99. A
dangerous building inspection was conducted on 4/4/00 a notice and
order was sent on 4/5/00. Notice was sent to Mortgage companies
on 4/21/00. This property was discussed at the Housing Board of
Appeals meeting on June 1, 2000. The Board found the building to
be unsafe, substandard and a public nuisance. To this date, there
has been no contact with the owner.
Attached are copies of a map showing the approximate location of
the property, Pictures of the dwelling, tickets that were issued, Final
notice defect list dated 11 /17/99, dangerous building inspection report
dated 4/4/00, notice and order dated 4/5/00, notice to mortgage
companies dated 4/21/00, notice of hearing dated 5/22/00, HBA
meeting minutes, and the finding of facts and order dated 5/5/00.
ESTIMATED COST TO REPAIR:
$12,000.00
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SEE DATE BELO 1_SEE BACK OF CITATI
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FOR EXJ.LANATION AND INS
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lo lho 60TH DISTRl!,T :: Coon ol MUSKEGON COUNTY '""'' 60TH DISTRICT Coonof MUSK_EGO!J c;ou_rJD'.
Court Address & PhOne Number
-----··----- ~--. . ' ,.
~ ·Court Address & PhOne Number
990 Terrace, Muskegon, Michigan 49442 _-,..~-- -·- - - 990 Terrace, Muskegon, Michlgal),49442,.,.,--- - -~ - ·)
(616) 7·24-6302
. · c,·.C :· -;.·- '.;·t - ,·:••:_.- .•, ·. ! -'.•l•' ;;-~..~:;!!;?!'.' ~;::-:>~ .. -;_-.~~~}~~}? ;6 OJ-~_· I ,A•• t").
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. . : J dedw• und4f .tM penattin of .,.itury that tht ttatementa above·.,. true to the best ' •,f dectare und., the pentltln ~~llry that the atmm•nta abov•.,. true to the bMt
•· of my Information, know1Mlge, and belief. o1 my {nformatlon, knowt.dge, andt>.ii.f.
· _Complawwrt'a Signature and reoel)I if IIWI~. . .. Mon,lh
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State of Michigan
Uniform Law Citation
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2 Wilton Ave
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THE PERSON NAMED ABOVE, in violation of it.ocat OrdlJ'llnce
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Law fjAdmlnillntiw R
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,roa.NEAR 337 w Grand
INi[CllY.OV!LIAGE ilTOWNSHJe.Of : , - - ~ H ; ~ ~ ' e j ; ! - - - - - - 1
MUSKEGON
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Court Address & PhOne Number
·990 Terrace,·Muskegon,·Michigan 49442 ·-·
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November 17, 1999 AT 8:58 a.m. FOR W. GRAND 337
PAGE 1 '
No Cat Violation
FINAL NOTICE
========================================================------===
1
NOTE: Effective June 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
property have been paid in full.
2
NOTE: Code requires owners to notify City in writing within
10 days of transfering ownership. Notice must include name,
address and phone number of new owner.
3
NOTE: Non owner-occupants must use licensed contractors for
most electrical, plumbing or mechanical repair work. Call
724-6758 for more information.
4
NOTE: Property is illegally occupied because it does not have
a valid certificate of compliance.
5 B BASEMENT
Remove old boiler.
6 B BASEMENT
Properly vent dryer.
7 B B{"SEMENT
Light fixture is broken or loose.
B B BASEMENT
Has wires that are not stapled up.
9 A BASEMENT
Window has broken or cracked glass.
10 A BASEMENT
Smoke detector is missing or inoperative near the bedrooms.
11 A BASEMENT - FRONT CORNER
Light fixture porcelain insulator is missing.
12 B BASEMENT - REAR CORNER
Protect wires thru wall.
1-,-'••' b BASEMENT - REAR ENTRY
Side to match or provide steps.
14 A BOTH AF·TS.
Dwelling or unit is infested with cockroaches.
l.5 EXTERIOR
Front or side yards are without ground cover.
16 B EXTEFUOR
Operable window(sl do not have a screen - must cover the
complete bottom sash.
17 B EXTERIOR
Window has glazing that is missing or deteriorated.
18 B EXTERIOR - E. SIDE
Has eave boards that are rotted or missing.
19 A EXTERIOR - FRONT
Stairway with more than 4 risers does not have a handrail on
the open sides.
20 EXTERIOF< - FRONT
NOTE: Unit cannot be occupied until a certificate of
compliance is issued.
21 B EXTERIOR - FRONT PORCH
CITY OF MUSKEGON INSPECTION REPORT
November- 1 7, 1999 AT 8:58 a.m. FOR W. GRANO 337 PAGE
No Cat Violation
=== === -----------------=-==============-=========-----=------------====
Door- frame is broken or- loose.
22 B EXTERIOR - REAR
Has peeling paint and is not protected from weather- by
properly applied water-resistant paint or- waterproof finish.
23 A FRONT PORCH
Window sash is broken, rotted or- missing.
24 B FRONT PORCH - WALL, FLOOR, CEIL
Has peeling paint and is not protected from weather- by
properly applied water-resistant paint or- waterproof finish.
25 B GARAGE
Roof has some shingles or- parts of shingles missing.
26 B GARAGE
Door- frame is broken or- loose.
27 B GARAGE
Full o·f tr- ash.
28 A LOWER APT. BATH - LAV.
Waste is leaking.
29 B LOWER APT. BATH - TOILET
Leaks at seal.
30 B LOWER APT. BATH TUB
Loose.
31 B LOWER APT. BATH - TUB
Spout broken.
32 B LOWER APT. DINING ROOM
Ceiling tile are missing or- falling down.
33 A LOWER APT. DINING ROOM
Thermostat is broken or- missing.
34 B LOWER APT. DINING ROOM
Window lock(s) is/are missing or- inoperative.
35 A LOWER APT. FRONT BEDROOM
Smoke detecto1~ is missing or inoperative near the bedrooms.
36 B LOWER APT. KITCHEN
Has lclw hclt water pressure.
37 B LOWER APT. KITCHEN
Wall or- walls has a hole or- holes or- large cracks in it.
38 B LOWER APT. KITCHEN
Floor covering has holes, rips or is missing or is not sealed
on edges.
39 A LOWER APT. MIDDLE BEDROOM
Smoke detector- is missing or- inoperative near- the bedrooms.
40 B LOWER APT. MIDDLE BEDROOM
Floor- covering has holes, rips or- is missing or- is not sealed
on edges.
41 B LOWER APT. MIDDLE BEDROOM
Wall or- walls has a hole or- holes or- large cracks in it.
42 B LOWER APT. REAR BEDROOM
Ceiling is water- damaged.
43 B LOWER APT. REAR BEDROOM
Wall or- walls has a hole or- holes or- large cracks in it.
44 A LOWER APT. REAR BEDROOM
Smoke detector- is missing or inoperative near- the bedrooms.
November 17,
No
===
Cat
1999 AT 8:58 a.m. FOR
Violation
W. GRAND 337 PAGE
=============================================-===========--=-====
3
'
45 B LOWER APT. REAR BEDROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
46 A LOWER APT. REAR ENTRY
Door glass cracked or broken.
47 B LOWER APT. THRU OUT
Ceiling (above drop ceiling) has holes in the plaster-repair
or cover the plaster with 5/B"drywall.
48 A UPPER APT. BACK ENTRY
Window has broken or cracked glass.
49 B UPPER APT. BACK ENTRY
Has guardrail that has openings larger than 6''. When
rebuilding, balusters may not be spaced more than 4'' apart.
50 B UPPER APT. BATH - LAV.
Faucet leaks.
51 B UPPER APT. BATH - SHOWER
Leaking.
52 B UPPER APT. BATH - SHOWER
Waste leaks into lower apt.
53 B UPPER APT. BATH TOILET
Broken.
54 B UPPER APT. BATH - TOILET
Wall or walls has a hole or holes or large cracks in it.
55 A UPPER APT. HALL
Smoke detector is missing or inoperative near the bedrooms.
56 UPPER APT. KITCHEN - FURNISHED
Stove leaking gas.
57 B UPPER APT. LIVING ROOM
Wall or walls has a hole or holes or large cracks in it.
END OF LIST
MJirmatiH Ac-tion
bto... H-6"'03
f \\.:':'?4--6790
616,72.i-.6"08
F \.'\. "'?4--67&8
Cemeltry
6l61i?.i-.678J
F.-\Xnl?--'1&8
Chil Sen.ice
6l61il4-6716
F.-\XliH-6790
Clerk
616n?4-670s
F.-\X/114-4178
DANGEROUS BUILDING INSPECTION REPORT
Comm. & Nd&h.
SerYicu
6!6nU-6717 337 W. GRAND AVE.
F.-\X/726-1501
Engincerin&
6L6nU-6707
4/4/00
FAXnl-&-6790
Finance
""m-•m
FAxnl4-6768
INSPECTION NOTED:
Fire Depl, 1. Front entry steps deteriorating, separating brick.
616/724-6791
F.U.:/724-6985 2. Broken out windows.
Income Tu
3. Roof covering deteriorating - Damaged.
6!6/724-6770 4. Missing soffit on apartment.
FAX/724-6768
5. Garage roof sagging.
Info. Systems 6. Garage foundation, undermined.
6161714-6975
FAX/724-6768
7. Large amounts of debris in yard and garage.
Leisure Service
616n24-6704
F..\X/724-6790 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
.\tanager's Office DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
6!61724-6724
FAX1724-6790
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-
23 OF THE MUSKEGON CITY CODE.
\!Jyor'.s Office
6!6/7H-6701
F..\X/724-6790
\
-°'cigh ...~ Const.
inowski, Building Inspector
616172-1-6715
F -\.X/72-1-6790
Planning/Zoning
CONCURRED IN: (~:"'½' /,;{----1.:_,t_;..-l
6161724-6702
FAX/72-1-6790
Police Dept.
c.:: Jerry ~clntyre, Buildtf'Yg Official Date
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722--1188
Treasurer
616/724-6720
FAX1724-6768
\\";lier Depl.
6161724-6718
FAX/7:U-6768
\\ .1;tcr Filtration
016 ".'2-1--1106
F \.\ ':'~.:1--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Afti,-matiH Action
6l61"IH-6.,0J
t'.\.Vl'2-l-67'J0
h,cssor
616,"IH-6708
F.-\XiiH-6768
Crmrtery
616/72-1-6783
F..\X/722-4188
Ch·il Sen,ice
616/72-1-6716
F..\X/72-1-6790 West Michigan's Shorellne Qty
Clerk
616/724-6705
F..\X/72-1-4178
Comm. & Neigh,
NOTICE OF ORDER
Services
616/724-6717
F..\X/726-2501
April 5, 2000
Engineering
6 I 61724-6707
F..\X/724-6790 Ed Houghtaling
Finance 2345 Dowd
616/72-1-6713 Muskegon Ml 49441
F..\X/724-6768
Fire Dept.
616/72-1-6792
Ed Houghtaling
F..\X/724-6985 PO BOX4034
Income Tax
Muskegon Ml 49444
616/724-6770
F..\X/72-1-6768
Info. Systems Dear Property Owner:
616/72-1-6975
FAX/72-1-6768
Subject: 337 W. Grand Ave.
Leisure Service
616/724-670-1 E 44 FT OF LOTS 1-2 BLK 419
F..\X/724-6790
.\tanager's Office The City of Muskegon Building Official has recently inspected the subject
6(6/72-1-6724
FAX172-1-6790
property and has found the buildings to be dangerous as defined under Section
4-23 of the Muskegon City Code .
.,layor's Office
616/72-4-6701
FAX172-1-6790 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
:-ieigh. & Const. structures within thirty (30) days from the date of this order.
Sen·ices
616/72-4-6715
F.\.\'./72-4-6790 Should you have any questions concerning this matter, please do not hesitate to
Planning/Zoning
contact our Building Official, Jerry McIntyre at 724-6715.
616/72-4-6702
F..\X/72-1-6790
·ncerely y o ~ ~ -
Police Dept.
616/72-1-6750
FAX/722-S140
R bert B. Grabinski
Public Works
616/72-1--1100 Fire Marshal/Inspection Services
F..\X/722--1188
Treasurer
616/724-6720
F..\X/724-6768
Waler Dept.
616/72-4-6718
FAX/72-1-6768
\\ atl'r Fillralion
616/72-1--II06
F..\.\,'755-~290 Cit} of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
\ffirmJli\e Aclion
0!&... 14-6-:'0J
F -\\/'14-6790
\,St'SS<H
blb,124-6708
F.-\X. .,24-6768
(emecery
6161i24-6783
FAX,'122-4188
Civil Service
6161iU-6716
FA.'<n24-6790 West Michigan's Sborellne Qty
Clerk
April 21, 2000
6161i24-6705
FAxn24-6768
Comm, & Neigh.
Service5
6l6n24-6717 Franklin Mortgage
FAxni.t.-6790 513 E. Eighth Street, STE 15
Engineering Holland Ml 49423
616nU-6101
FAxn24-6790
Concord Funding Corp
Finance
616/724-6713
5270 Northland Dr. NE
FAX/724-6768 Grand Rapids Ml 49525
Fire Dept.
616/iH-6792 Bankers Trust Company, NA
FA\/724-6985
3 Park Plaza, 16th Floor
Income Tax
6t6n24-677o
Irvine, CA 92614
FAX/724-6768
Info. Systems
RE: 337 W. Grand Ave, Muskegon Ml, also known as,
6I6nH-6975 East 44 Feet of Lots 1-2, Block 419
FAX/724-6768
Leisure Service To Whom It May Concern:
6t6n24-6704
FAX/724-6790
It has been brought to our attention that the above property may be of interest to
Manager's Office
6!6n24-6724 you. This is to inform you that the structures located at the above property has
FAX/724-6790 been put on our Dangerous Building list. Please see the enclosed Notice and
Mayor's Office Order that was sent out on 4/5/00. Also enclosed are the inspection reports with
616n24-670l
FA.'<n24-6790
the code violations that are dated 4/4/00 and 11/17/99.
Neigh. & Const.
Services
This property will be going before the Housing Board of Appeals June 1, 2000.
6!6/724-6715 The board will determine if this property should be declared substandard, unsafe,
FAX/724-6790
a public nuisance and forward the case to the City of Muskegon Commission
Planning/Zoning Committee for concurrence with the decision to demolish the structures.
616n24-6702
FAX/724-6790
Please feel free to call (231) 724-6715 with any questions or concerns.
yo_W,
Police Dept.
6I6n24-6750
FAX1722-5140
·ncerely
Public Works
6t6n2+4100
FAXnll-4188
R bert B Grabinski
Treasurer
6t6n24-6720
Fire Marshal/Inspection Services
FAX/'124-6768
Water Dept.
6161i24--6718
FAxnU-6768
Water Filtration
6J6n24-4l06
FA\/7S5-S290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
A!Tlrmatlve A~tlon
2J 1172-1--670)
F.\.X.'72?-UH MUSKEGON
..\nenor
2))172-1--6708
F...\...X/726-5181
Ceme1ery
231/724--6783
F.-\..."Xn26-5617
Civil ~nice
231/724-6716
FA.."Xn24-4405 West Michigan's Shorellne aty
Clerk
2Jl/72U70S
FA..'Xn24--4l78
Comm. & Neigh.
Services
CITY OF MUSKEGON
231/724-6717
FA..X/126--2501
NOTICE OF HEARING ON
Engineering DANGEROUS AND UNSAFE CONDITIONS
2)1/724--6707
FAX/717-6904
Finance
2)1/724--6713
F AX/724-6768
DATE: May 22, 2000
Fire Dept.
231/724-6792
FAX1724-6985 Mr. Ed Houghtaling Mr. Ed Houghtaling
2345 Dowd P.O. BOX 4034
Income Tai:
231/724-6770 Muskegon MI 49441 Muskegon MI 49444
F AX/724-6768
Info. Systems Franklin Mortgage Concord Funding Corp
231/724-6744
FA.X/122-4301 513 E Eight St, STE 15 5270 Northand Dr. NE
Holland MI 49423 Grand Rapids MI 49525
Lebure Service
231/724-6704
FAX/724-1196 Bankers Trust Company, NA
Manager's Office 3 Park Plaza, 16th Floor
231/724-6724
FAX/722-1214
Irvine CA 92614
Mayor's Office
231/724-6701 SUBJECT: Dangerous Building Case# 00-36 - 337 W Grand Ave, Muskegon, MI
FAX/722-1214
Inspection Services PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
231/724-6715
FAX/726-2501
of Muskegon will be held on Thursday, June 1. 2000. at the Muskegon City Hall
Commission Chambers on the first floor. Said hearing will be for the purpose of
Planning/Zoning
231/724-6702
determining whether the structure should be demolished or otherwise made safe.
F AX/724-6790
Police Dept. Officials from the Inspection Services Department have inspected the structure and it is
231/724-6750 alleged that it has defects as listed on the attached page(s).
FAX1722-5140
Public Works
231/724-4100
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
FA..'X/722-4188 dangerous buildings.
Treasurer
231/724-6720
F AX/724-6768
Water Bllling Dept.
231/724-6718
F AX/724-6768
Water Flllratlon
231/724-4106
FAXflSS-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, :\luskegon, Ml 49443-0536
At the hearing, the Inspection Services Department will present testimony regarding the
alleged defects. You are advised that you or your representative may cross examine the
City's witnesses and you may present testimony in your own behalf and call witnesses in
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Inspection Services
City of Muskegon
I \ll'SKEGO'.'1 HOUSING BOARD OF APPEALS
\IEETI:'iG :\IINt:TES Jl'NE I, 2000
PAGESOF7
Mr. M · did not attend the meeting. Bob Grabinski inf ed the board that all the
ept the chimney were on the garage. stated that the staff
recommende ive an extension of 30 days f e chimney repair and to forward
the garage to the commission for concu
AYES: ABSENT:
Greg Borgma Fred Nielsen Clinton Todd
John War William Anderson
Randy
Jer
#00-36 - 337 W GRAND AVE - Ed Houghtaling, 2345 Dowd, Muskegon Ml
Mr. Houghtaling or a representative did not attend the meeting. Bob stated that
given the history, it was the Staffs recommendation to declare this structure
substandard, unsafe, a public nuisance and forward to City Commission for
concurrence.
Randy Mackie, supported by John Warner, made a motion to accept the staffs
recommendation and forward the case to the City Commission for concurrence. A
roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Nielsen Clinton Todd
John Warner William Anderson
Randy Mackie
Jerry Bever
The motion carried.
'Ul""""--·· 1867 HOYT- SCOTT BARR, 1386 NELSON, MUSKEG ,
FUNS for DH Asset Inc., Palm Beach ens, FL.
. · PECT[ONSIBAlJMA'-:\CathylHBA MEET['-:GS\MlNUTES 6-l-00.doc
.-\ffirnuth e A~1lon
!JI n-'-6'.'0J
F \X:7?2•1?1-t MUSKEGON
-\Hessor
231 72-1--6708
FAX,'il6-Sl81
Cemeiery
231n24-67SJ
FAxn26-5617
Civil Sen-ice
231n24-6716
FAxn24-4405 West Michigan's Sborellne Qty
Clerk
231/724--6705 MUSKEGON HOUSING BOARD OF APPEALS
FAXn24-4178
Comm. & Neigh. DATE: June 5, 2000
Services
2311724-6717
CASE: #00-36 - 337 W Grand Ave., Muskegon MI
FAX/726-1501
Engineering
Mr. Ed Houghtaling Mr. Ed Houghtaling
2311724-6707 2345 Dowd POBox4034
FAX/727-6904
Muskegon MI 49441 Muskegon MI 49444
Finance
231/724-6713
FAX/724-6768 Franklin Mortgage Concord Funding Corp.
Fite Dept.
513 E Eight St., STE 15 5270 Northand Dr. NE
231/724-6792 Holland MI 49423 Grand Rapids, MI 49525
F AX/724-6985
Income Tu Bankers Trust Company NA
231/714-6770
FAxn24-6768 3 Park Plaza, 16th Floor
Info. Systems
Irvine CA 92614
231/714-6744
FAX/722-4301
Leisure Service FINDING OF FACTS AND ORDER
231/724-6704
FAX/714--1196
The following action was taken at a session of the Muskegon Housing Board of Appeals
Manager's Office
231/714-6724 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the March 2, 2000
FAxnll-1214
The Inspections Services Department of the City of Muskegon, having inspected the
Mayor's Office building structure located upon the property described as E 44 FT of Lots 1-2 BLK 419,
131/724-6701
FAX/722-1214
also know as, 337 W. Grand Ave., found the conditions listed on the attached pages exist
and that these conditions are hazardous as defined in Section 4-23 of the Code of
Inspection Services
231/724-6715 Ordinances.
F Axn26-2S0 I
Planning/Zoning The Board further found that these conditions exist to the extent of endangering life, safety
231/714-6702
F Axn24-6790
and the general welfare of the endangering life, safety and the general welfare of the public.
Police Dept.
231/724-6750
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/722-5140 declared to be unsafe, substandard and a public nuisance.
Public Works
231/724-4JO0
FAX/722-4188
It is, further ordered that if the owners or other interested parties fail to repair ofremove said
structure, or appeal this order within 20 days of the receipt of this order, the Building
Treasurer
231/724-6720
Official shall take bids and remove said structure.
FAX/714-6768
Water Billing Dept.
231n2u11a
FAX/724-6768
Water Filtration
23l/724-4106
FAxnSS.5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood & Construction Services Dept.
Re: Concurrence with Housing Board of Appeals
Findings and Order for case #00-38 - 1299 Fourth
Street
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 1299
Fourth Street also known as, North Western 50 Feet, Lot 12. Block
392, is unsafe, substandard and 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 demolitions with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This property is located on Fourth street between Mason and Strong.
It was a rental unit owned by Ed Backing.
On 11/26/96 a civil infraction hearing took place before judge pittman
for failing to maintain the structure(s) at 1299 Fourth street. Mr
Backing plead responsible for repairing the violations. A payment
plan was to be agreed upon with the courts. Since then thier has
been no repairs made and the structure has been vacant. Six tickets
have been issued since the hearing in 1996. An inspection done in
1997 revealed that the violations still existed and an injunction relief
was requested. A dangerous building inspection was conducted on
4/4/00 which revealed the structure to be in desperate need of repair.
A notice and oreder was sent on 4/5/00 There had been no contact
with the owner and no repairs had been made so the case was heard
by the Housing Board of Appeals on 6/1/00 and the Board found the
structure to be unsafe, substandard a public nuisance and ordered it
to be demolished. To this date there has still been no contact with
the owner.
ESTIMATED COST TO REPAIR:
$18,000.00
'I
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y..1.1-.!..-:.c:=.!o!.~.-'--" . · · ··""CHARGE: l-/,J(Js'i'fit{ ·VtvL
DEF: E' l).::.J/i.J ~ I N ~ . F O R M ~ L ~ HEARING POLICE AGENCY:/',/P/)
DISPOSITION ) Dismiss t/,Responsible ) Not Responsible ) FTA/Default .
ADMITS RESPONSIBILITY
---------------- FINE
COST .
DEN IE S RESPONSIBILITY
. -··-··--· ----'------------- ............ _, . ,.- ... 9'
PLAINT1ti= ATTOANEY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'_'....:-i<_ { . _, STATE FEES
'\
DEFENDANT ATTOR~EY . CLEARANCEFEES _ _ _
~'--------.'.-
APPEAL DATE -J/_'i6}? DUE DATE < 'J Iq (::, LATE CHARGE
ADJOURN TO _ _ _ _ _ _ _ _ _ _ _ _ at _ _ _ _ __ a.m./p.m.
TOTAL: /0,0
., _.,.
I. . _
FINES, COSTS, AND FEES NOT. PAID WITHIN 56 ·t. ,.✓
DAYS OF THE DATE OWED SU~JECT TO A ., ,...;_..,··::~~<\.., ,.-
20° LATE PENALTY ON MOU TOWE TAPE NO - - - - - - - r - - " ' - - - - - ' - - - - ' - - - -
!l!)OC\31
- .. _.
1. The within-named person(s) must appear at the above address with
their witnesses on the date and time indicated.
2. Failure to appear by the Defendant may result in a default judgment
against the Defendant and suspension of driving privileges.
3. This case may not be adjourned, except by the authority of the
court.
PERSONAL SERVICE { }
I hereby certify that on this date, copies of this notice were served upon thE
parties indicated above by ordinary mail addressed to the address shown hereo1
unless otherwise indicated. ·
NOTICE TO APPEAR, Traffic/Civil Infraction, CIA01 (7/79)
I
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·-_.,.,..._ '~
~ Ill[ 111i1 ~ 11mm 111[
*0103992* ~ Illf 111~11 ~ l~t I~ 1111
*D103990*
550C.o-.;
. ·, ,D.103992
State of Michigan
US DOT#
Uniform Law Citation
TicketNo.
Incident No.
D Victim Involved
Dept. No.
State of Michigan
Uniform Law Citation ., ,.
Tick,tNoD.
_ 103990 0 Victim Involve,;
US DOT# Incident No. Dept. No.
Local Use/Arrest No. Detection Device
The People of: Othe Stale ol Michigan
Orownsh1p;£)city • Village • county s.·,~,·,"C,1,B4"'~,;,~a"s·,·.,·,.1,:-+------- The People o!: D the Slate of Michigan
Local Use/Arrest No. Detection Device
0F: , ~.<\,, -. _ BAC of • Township •XCity OV1llage
0F;
OCounty ',--~,c---,-~==~~~~-1------
··:ct1c,~[Bl}C 4631
THE uN
SAYS THAT ON:
•ERSIGNEo Year Al approximately O A.M. ~ate Month Day Year
THE UNDERS1GNEcil ·J.1orl1h I o,y I of
Year !At approximately O A.M. ~ale Month I Day Y
·-. • P.M. Birth
State I Security No. SAYSTHAT0N: I 0 P.M. Birth
State Driver's Licensil Number. '-; ;J I .L : _\ L 1S~ial Security No.
A~• Sex Height Weight Hair Eyes Occupatior/Employer
'
I I I I
'
Hair Eyes 0ccupatior.'Employe1
_Name (First; Midd(e, ~ast)
Name (First, Mi~dle, Last)
Stre .,., ..,_,,_,. .,, :• .. ·. ~ • ......
,- :.. Streef" .L.£ l ~
..
State
City .• State Zip Code
..
Vehicle Plale No. Year State Vehicle Description (Year, Make, Color)
Vehicle Plate No. ! Year I Slate Vehicle Desc1iption (Year;Make, Color) •;:; ! '·Jyp
THE PERSON NAMED ABOVE, 1n v1otat1on o\~4~Loca! Ordinance '.Jstale Law 0Adm!nlslrallve Rule
UPON _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ THE PERSON NAMED ABOVE, In VIOiation of C.JLocal Ordinance
UPON _ _ _ _ _ _ _ _ _ _ _ _ _
state Law Admlnlslratlve
;,_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
• •
AT OR NEA,, ,~-,'-.,.,--•----''.+<•-:-_·•~---------------------
WITHIN [jCITY • VILLAGE • TOWNSHIP O F _ ~7- ~ - ~ ~ - - - - - - - - - - ATORNEAry·~-- ..,:; __ ,;___ _._,_
1
COUNrtOF MUSKEGO'N.l s -ct:. --;;-:::•(I 010 THE FOLLOWING:
WITHIN CJ CITY • VILLAGE D TOWNSHIP OF - - - - ~ - - - - - - - - - -
MCL Clte/PACC Code/ . Charge
COUNTY.OF MUSKEGON :·, l~ s i~ s ,:; ,"JT: DID THE FOLLOW
Type Ordinance DKcrlptlon (1ndud& 311Y bond amount coll-,ct&d on each cha19•) No. MCL Clle/PACC Code/ Ch
Oc11 Owam 0 Authonzat1on pend. Type Ordinance 0escrlollon (include ""Y bond amoU11tco11~ted 00 n,;h chQ1!l•l ~
@Misd OFug t' c,_:, -::er c v-: 0 Cl\ D Warn O Authorization pend.
nFel nwaiv ·, -,.:· .:; -·· - .......
- .J - - -,_. Q"M1sd OFug
• i:i..L.·:c,_
Oc11 Dwam • Authorization pend. .. - "' ' ·• - - I Fe! nwa1v •.•
LJMisd OFug 2 Oct1 • warn OAuthonzalion iielld. · r-:-. -p .: ;:: . .'. '( ~•D.Ll.!1:L • -;__·cx;t~-/ ~
UFel DWaiv OM1sd [;Fug
'Jc11 Dwam OAuthouzatton pend. OFe1 CJwaiv
:JMisd [JFug. 3 Oc11 • warn OAuthor1za11on pend.
7Fel :-1waw OM,sd :=iFug
nFel ~lwaiv
TO THE COURT: Do not arraign on a felony charge until an authorized complaint Is llled.
0flense Code{sl TO THE COURT: Do not arraign on a felony charge un\11 an authorized complain! Is med.
3 Offense Code(s]
f -·
Fel = Felony Warn= Warning fug = Fugitive
Keylor .fyiie C/1 = Civil lnfrac\1on M1sd = Misdemeanor
Wa1v = Violation for Which Fmes/Costs May be W.;,ved -
Authorization pend . - Authorization pendrng
~'Key===-------''~-~-------''-------~
I.':~ Ty!?~ C/1 = Civil lntract1on M1sd = Misdemeanor Fel = Felony Warn= Waming Fug = Ft.
Hemarks Wa,v "V1olahon 101 Which Fmes/Costs May be Waived Authorization pend.= Authorization pendu
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CHECK IFAPPff0°PRI~ TE :'Jbamage to Property 0 Local Court Bond S w .~~='-'-'-..:...CC...C..=..c..c..-~-=~~ce._...c:..c==---1,.
0 Vehicle Impounded D Injury 0 license P9sled 1n lieu of Bond <.D ;CHeci 1F.APP1ioii'RIATE ·o Damage to Property O local Court Bond S - - - - - - - · 1..,_
0 Traffic.Crash 0 0 0 Vehicle Impounded O Injury O License ~osted in lieu ol Bond (£
Death Appearance Certificate (J:) D Traffic Crash D Death O Appearance Certificate (!
Person m Active M1Mary Service OYes 0No 0 None
SEE Di\TE BELOW. SEE BACK OF CITATION FOR EXPLANAT!0N AND INSTRUCTIONS ~ z
Person in Active M1htarv Service OYes D No D None ·-· · C
D Appearance Date on or befo,e
0 Hea1ing Date {if applicable) on
1
"·' If "'tlfl~ day'b'Contact Court ~
•
SEE DATE BELOW. SEE BACK OF CITATION FOR EX.PLANA TION AND INSTRUCTIONS
OAppearance Dale on or before '/ ,: 'TiiO'-12!(1 '
6-
• wilt Notily}~: 0 D Hearing Date {d applicable) on I .t Ca Y S dt:ontact Court
Juvenile Tralhc Misd. (Court will NoWy). . 0 Fo1mal Headng RE1quired. (Court
Court ot MUSKEGON COUNTY
•
• Juvenile Tra!lic Misd. (Court will Notdy) • Formal Hea1ing.Required, (Court win·Notdy,j;·f.-
In the 60th DISTRICT
In the 60th DISTRICT court(?! MUSKEGON COUNTY
Court Address & Phone Number
Court Address & Phone Number
990 Terrace, Muskegon, Michigan 49442
990 Terrace, Muskegon, Michigan 49442
(616) 724-6302
J·
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(616) 724-6302 ,. .
~ I HIV.,;! a OOP'J' or tie 0."'I m!1oction oomplu1tupon th& d&!tndMt-(<lffW')O//Jup~~y P'3\~ ,, 3'''!,hC~~
· fdaclare under the penalties of perjury that the 1taleme'n1~abo e'ir ruit tid-bht' · ii l ez Q I s•r,&d a copy ol ti• Q.,,1,nflacHon ~Pf.Qiol\lPQn lho d&fend11i'\1 (or.,'.:w_n:11oc:;_up~lby p~!n~ ,I ,!P")i~~•) ... ,
ol my lnlormatlon, knowledge, 1nd b~_llel. !'declare under the penalties Of per/ury that lhEI 1tatemer\ts~lbov~ inetirue'to thO:b"ht=· .,! ·
Complamant"~ Signature :::,1eceipt ii l!!ipphcab!e
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or my lnrormatlon, knowledge, and belle!.
0Hicer's Name (pnntedl 0t11cer's tD'No
, , C!ker"s Name /pr,nted) - Othcer's 10 No. /
Agercy CAI
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~ 11111111 llllr I llf llf
*D103917*
-~ 111[ 1~111111~1 II I~ 11·
*D103925*
State of Michigan
D Victim Involved
Uniform Law Citation
US DOT#
The People al~ the Stale of Michigan ·
lncidenl No.
............
""or rTesl o.
Dept. No.
Detection Device
State of Michigan
Uniform Law Citation
Tick.•fNoD. 103925 D Viet1m lnvotv,
Dept No.
D Townshrp :fJCity O Village • County L - - - - ~ c8c A c C ~ - - - - - + - - - - - - - US DOT 11
OF: of local Use/Arrest No. Oetec\1011 Oevic
THE UNDEASICiNEO -Mo!)f.
SAYS THAT ON: ~, C:
oy Year At approximately O A.M.
."i r:- .0 P.M.
~ate Month
Binh
Day Year
2
The People or: [J1he State of Michigan
0 Township City D Village O County ~f_;-c;~<a-e~:..:;,~--,80 ,.;;~';'--,-l-.;..--+-----
of
SOciat Security No. OF: ,, ~- ·/' ..
State Drrver's Licen e·Numbei'
THE UNClEAs1GNEb Month Doy Year At ~pproxi~ately Q A.M. gale Month Doy
SAYSTHAT0N: 1 ·, •. • .._ tJ
P.M. Birth
Race Sex Height Weight Hair Eyes Occupation/Employer Social Security No.
Stale Driver's License Number
Name {First, ~id~le, Last)
Race Sex Height Weigh\ Hair Eyes 0ccupattor\lEmployer
Street-~"• . :, '- '~.:... '. ·:-
Name (First, Middle, Last}
1 r· .-t~i \,
City State Zip Code
Street
Vehicle Plate No. Year Stale Vehicle Description (Year, Make. Color) Type 1 Zip Co:le
City State
THE PERSON NAMED ABOVE, m v1olat1on o! ~Local Ordinance =1s111te Law OAdmlnlslratlve Rule Veh,cle Plate No. Year State VehlCle Description (Year, Make, Color) ,,
UPON _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
THE PERSON NAMED ABOVE, In violation o! LJLocal Ordinance []state Law OAdmlnlslra\lv
AT OR NEAA, _ _ _Jl~,:-'-'~-~-=~-ruc~.~ - - - - - - - - - - - - - - - - UPON _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WITHIN£ CITY • VILLAGE O TOWNSHIP OF ----'-"'-'S-'"'-.;._'--'c'-"----~--
COUNTY OF MUSKEGON - . DID THE FOLLOWING: AT OR N E A R _ - ' C . . . ~ - - ~ - - ~ - - - - - - - - - - - - - - - -
MCL Clle/PACC Code/ . _ Charge W!THIN JJ CITY OVtLLAGE O TOWNSHIP OF -----~------~--
Type Ordinance 0escrlotron (indud& any bond amount coll&Ct&d oo ead! charg&) No.
·• c11 • warn • Authorization pend. COUNTY OF _ _ _ _ _ __,M=Uo,Se-K.,E,_,Ge,Oe-Nc,_______ 010 THE F0LLOV
'.C)Misd OFug :·u1l~i.i~i-.' ._) r·•.)~::~ t: t y: MCL Clte/PACC Code/
Ordinance Description (mdude any bond =ouni cC<lected oo &~di chargo)
C
~.- ·-- ...- . - ,_, ~- - '
Type
nFel nwa~: ~.~..... c _'. .
D C/I 0 Warn
'"t -
O Autlionzation ·pend. • - - , .. ::, ..,_
[Jc11 Cwarn CJ Authorization pend.
;:JMisd OFug
=iMisd 0Fug 2
Fel Owaiv
::JFosl nwaiv
'.J C/I 0 Warn O Authorization pend.
Dc11 • Warn • Authorization pend.
OM1sd OFug
:JM1sd =Fug 3
:::JFs! Owa~
7Fel :Jwaiv CJc11 Dwarn OAuthonzation pend.
TO THE COURT: 0o not arraign on a felony charge unll! an authorized compla1nt Is llled.
:::J M1sd Fug
Offense Code(s)
1 2 3 :7 Fel =-Jwaw
TO THE COURT· Do not am1lgn on a felony charge unlll an authorized complaint ls ll!ed.
Key for lype GIi "'Cw1I lnfracl1on Misd" Misdemeanor Fel = Felony Warn" Warning Fug = Fug~ive
Wa,v " V1ola\1on for Which Firies/Cos!s May be Waived Aulhonzahon pend.= Authorization pending Offense Code(s)
1 2 3
~
0 0
Key for ! ype Cl! "CMI lnlraction M1sd "' Misdemeanor Fel"' Felony Warn"° Warning Fug"' F
[
..... ...... z0
Wa1v = Violation for Which Fines/Costs May be Waived
Remarks -, ;
Authorization pe·nd. - Authorization penc
.- C
,
0
O Local Court Sand$ --------1 w
CHECK IF .t,,ppfi'OPRIATE" 'tJQa.;,~e'°to~Picip°erty . -"
f
CJ Veh,cle Impounded O lnJury O License fasted ,n Lieu of Bond <..D -, . C
:] Tra1hc Crash CJ Death
Person In Active M1h\ary Service OYes (J No
O Appearance Certificate
D Non!il
...... CHECK-IF APPR0PR1A TE
i
O Damage to Property C Local Court Sand S --------1 (
-J CJ Vehicle Impounded O 1nJury O license E'osted m Lieu of Bond (.
SEE DATE BELOW. SEE BACK OF CITATION FOR
CJ Appearance Date on or bef6je 1 ~ id~Vti"><l,;.!!n
PLANAT!ON AND INSTRUCTIONS
\
z
•3 0 Tra!iic Crash O Death O Appearance Certificate r
• cPs'c"S'C"C'"cA~cetc"S'OMs<f~rto~~Y.."ScecNeice•'-.!Dc!cYeees_DS,!_N"o~D'c'..~N"ocoo;...____________I (
CJ Hearing Date(~ applicable) on -0 Contact Court SEE DATE BELOW. SEE BACK OF CITATION FOR EXP.LANATION AND INSTAUCTIQNS
0 Juvenile Tra!hc Misd. jCouilwill NoMy) • Formal Healing Required. {Court wi!l r!.lotifi:~ • Appearance Date on or before ';l•',::LF_•::•t~fJ .:;. :, •· O-
... t.· - l O ~on!acl Court
In the 60th DISTRICT Court o! MUSKEGON COUNTY 0 Hearing Dale{~ appllcable) on
D Juvenile Tralhc Misd. (Court will Notay) 0 Formal Hearing Required, {Court win Noiify) ~ "
Court Address & Phone Number
1n the 60th DISTRICT Court ot MUSKEGON COUNTY
990 Terrace, Muskegon, Michigan 49442
(616) 724-6302 Court Address & Phone Number
990 Terrace, Muskegon, Michigan 49442
.0 I »Ned ~ COpY of tie civ,I ff\lmclion comple,ntvpon !he delel\dant (~r ?ff'""°'f"l:,~by p~b~ 1t~lie.ible) (616) 724-6302
I declare under the penalties of perjury that the statement,' abo,Ja'lre'true1o"'!~ ii'ei r··
al my !nlormatlon, knowledge, and belle!.
QI ••tvt<l ~ copy of 'he o.vil ,nlf~c~on C?mpla}nt upon lhe d&lendMl (or .o~nollFW!'!'t by f!.O.yng.il "l;'P'.i~abl&L
Compla1nanl's S~natufe and receipt 11 applfca~
Office·
/~} . /· ,.,;--·
__
ain1i"(prln ed)
.
-~
---·.- I declare under Ille penalt!es ol perjury that the 11tatemenls above~·a're !rile to flliib(lst
of my 1nlormatlon, knowledge, end belle!.
Compla1nanl's ~:9_na!ure aiid recaip_!,11 apphc~~·
, / .:/.. -4-/< ____,,.__
Ctl,cer"s Name Jprln1ed) -- ·- - Otlicer's 10 No. '
~ .-
Agency ORI -1 Ag·eney Name
M~ -
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11111111111 ~, *D103876*
$~1,c. 11111*D120470*
ll f II ll l~f I~ ~I
State of Michigan Ticket No.
D38 76 0 V,ct,m lo,oSed State of Michigan
Uniform Law Citation
Ticket No.
•, /. >
12 Q470 0 V1c\1m !nvoNe-._
Uniform Law Citation
us DOT I Incident No. Dept. No. US DOT I Incident No, Dept. No.
The People of:~ lhe State of Mtchigan Oelecl10n Dflvice
CJTown~hip 1$jCity Village • •
County L.)C.l;~i,:~ 71~~t.!t'----I------
ol OF: , ' f! ol
THE UNDERSIGNED o,, Year A~appro:imalely Q A.M._ ~ate Month Day Year THE UNDERSIGN-ED Moo!h o,, Date Month Day Y
SAYS THAT ON: ,F '--• • r'.I P.M. Birth
SAYS THAT ON: 3 25 ~rth 9 12 l
Stale Social Security No. Sta!e Dnver's L1eense Number So;i4I Security No.
:[ r1 ,.i;> ~ii. ~-., i;,-, .-,- (
A~• Se;,c Heigh! Weight Hair Eyes Q~_upatiQn/Emp!oyer Race ex Heigh! Wetght Hair
Narre (Firs!, Middle, Last) Nafn!! (First, Middle, L_asl)
, 1<.cfn, t~' · &>cll -:-,~t - :'"'I
Street
- ~ 1.;.-
Street ·' ··
1~,;·,t:, ;n.:"r)r·::· 1 5JE ::.:1;:fc:r:
c,~ State Zip Code City State Zip c.ode
'_;·s\s-::,r-n ~ A0 I
u.;;-.,:-:;,~;.:)! !. 4A•; 1
Vehicle Plate No. Year Stale Vehicle Description (Year, Mak_e, Color) Type Vehicle Plate No. Year State Vehicle Description (Year, Make, Color) Type
THE PERSON NAMED ABOVE, in v1olation of ]:;?Local Ordinance Dstate Law OAdmlnlslral!ve Rule :rHE PERSON NAMED ABOVE, in viofallon al ~Local Ordinance Ostale Law OAdmlnlstrallve F
UPON _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
UPON 1 :-./· · .,,..._._. ···
ATOR NEAR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ATOR N E A R _ + ~ - c - - - ~ ~ ~ - - - - - - - - - - - - - - - - - -
WITHIN.QCITY • VILLAGE • TOWNSHIP OF _ _c--C•~•~--~·w~··~,-~,~"'--------- WITH!N J_JCITY • VILLAGE O TOWNSHIP OF _,;4,;;.....;,..o~cc..--------·
COUNTY OF MUSKEGON COUNTY OF _ _ _ _ _ _~M~U~S~K=E~G=O~N~·-·______ DID THE FOLLOWI/\
DID THE FOLLOWING:
MCL Clle/PACC Code/ Charge MCL Clle/PACC Code/ . Chai
Type Ordinance 0e,scrlpllon (include any bond aroooot collocted oo eadi charge) No. Type Ordinance Description (mclude any bond wnOlllltcolloc!od oo each charge) Ne
Oc11 Dwam OAuthorizaHon pend. Dc11 • warn OAulho1iza1ion pend. . ·r ,..: • -~.: ,,..._
OMisd OFug cl.ii 1-GifK; ¢'. ;"'rOf'+:!rt.'j: OMisd OFug l . _ .. ~-..l..- .L,, IT~~Grt~/!
i7Fel f7waiv ,_·._. ._.,., --·:·•".;"I'"·~-- . ..... ,, 0£&_ n Wa'w :;;:: C ~.c..._.;.,.,,,. -··,-...,...... 1·~-;-·~f--
Dc11 OWiitn OAuthonzation pend. .,;. ·.
Dell • warn OAuthonzation pend.
0 MiSd • F·ug· ~
2
OMisd OFug
nFel nwaw
OFe1 nwarv
Oc11 Owarn • Authorization pend. Oc11
OMisd
Dwarn OAu1honzat1on pend.
• Fug
OM1sd OFug 3
nFel nwar-1 nFel Owar-1
TO THE COURT. Do not arraign on a felony charge unman authorized complaint Is med. TO THE COURT: Do not arraign on a felony charge untll an authorized complaint ls. filed.
0ttense Code(s) Offense Code(s)
1 , 2 3
1 -;t 1 2 3
Key·!or Type C/1 = Cr-111 lnlract1on M1sd"' Misdemeanor Fe!= Felony Warn= Warning Fu{J = Fug~lve key !ofType C/1 = Ctv1I lnfiaction M,sd = Misdemeanor Fe!= Felony Warn= Warning Fug = Fugr
Wa,v = Violation for Which Fmes/Cos1s May be Waived Au1honzation pend. = Authorization pending Wa1v = Violation !or Wh1eh Fines/Costs May be Waived Authorization end. = ALl!horizatkrn penJing
Remarks
emarks Gill )l. --_;_; ,~ ~
0 ... -,. 0
· -·. t:' ,-: ,.:: ·~ 1· --~,c- ,-, .:; [ . -~~~•c·c·~~1~··~-~~-c·~~L~~~'c··c~cr_J~".c~":;:cc;c:.·c=,r~.~~ccc~s··c·•~c,c>~~
.. ' _, 1--'
···.~, ~-~ ~ _,: £'\)
-----~~~-"'--"--'-'.C:....1.W~'------lc>
·c-,-,c-K-,,-,-,-,-,o·,-,·,.·,·,-'.J-o-,·m-,a·g',",o-P·co·p·,·,·,rc-l·o-,-.-,C-o,-,-8-o·,,-,-:.-:.-:.-:.-:.-:.-:.-:.-:.-:.-:.-:.-:.-:.~ C.J
CHECK IF APPROPRIATE -:]Damage to Proper1y ['J Local Court Bond$ W
CJ Voh,cle lmpo,oded !J 1010~ 0 L,c,os, Posted mL,-eo-ol-Bo-,d--- IC,,.) [] Vehicle Impounded '.:] Injury O license Posted m Lieu of Bond .f.::_,,,
."~J Tralflc Ciash :::J Death [J Appearance Cert1l1cate -'1 :-J Tralhc Crash :J Death O Appearance Certil!Cate •-~.J
Pe1son 1n Achve M1Mary Service • Yes G No O None m :pc:"c'=o="='"cA"c"lc"='=M="='"=~'=S=•=N="c'c. .sD":'v.,.,.,=•""NcocrD=.cNaoc"':____________~o
SEE DATE BELOW. SEE BACK OF C!TAT!0N FOR EXPLANATION AND INSTRUCTIONS
SEl!DATE BELOW. SEE BACK OF CITATION FOR P~ANA TION ANO INSTRUCTIONS
0 Appear'ance Date on or be!oie _ ___!e-,Jc?L·.1.la,~L----------1 D Appeaiance Dale on or before ----'='-'--'·c•=·c4.f>c•;'
.J-,z.·_,_·~d•,.;;
=·.;)=~--------·
CJ Hearing Dale (d applicable) on - - - - - - - - - - - - - - • Contact Court D Hearing Date (r! applicable) on ~ 0 Contact Court
CJ Juy.eoile-Traffic M1sd~ (Court w1l1 Notdy) 0 Formal Hearing Required. (Court wilt Noliiy) D Juvenile Traffic Misd. {Court will Notify) D Formal Healing Required. (Court wilf Notify) ~
In the Court or In the 60th DISTRICT Cour1 of MUSKEGON COUNTY
60th DISTRICT MUSKEGON COUNTY
Court Address & Phone Number Court Address & Phone Number
990 Terrace, Muskegon I Michigan 49442 990 Terrace, Muskegon, Michigan 49442
(616) 724-6302. (616) 724-6302
D I urve<I a copy o! ltlo civil 1n!1action ,:;omplaintupon the dolondarit (orei"?Orlc+:upt:_I bt_,J>i!itlo-11 applicat,fo) 1 D I serve,;1 a ,:;opy of tie civil infraction complo.r'lt upon tho def<lndSt1t (or owno1100:upMtbr p~ting ii a,.-p!ic~e
I declare under the penallles al perjury that the silatement9""above'are true toi°fi'ebeSt'"': ·rdeclare under the penall!e9 ol p<:irjury that the s!atelll'drt!i doOJ.
at.1411 (0'.lhe 1:iiail
ol my Information, knowledge, and belle!. of my lnlormallon, owledge, and b"lel.
0H1cer"s Name (pi1nt tJ) ·o
· ·~ge~~ 0,- '
"
$'3-0/
/P"tt. ~;1. r.
FINAL NOTICE TO REPAIR 0/ ,,2 7 :Z.<>• i
Dat.e of Inspection
Date of This Notice
..
:
06/23/97
June 24, 1997
FINAL NOTICE
Next Inspection Date 07/21/97
Inspection Time ON OR .ABOUT
BACKING, EDWIN C
1586 SANFORD ST.
MUSKEGON, MI 49441
RE: 1299 FOURTH
Dear Property Owner:
As you know, your property was recently cited for having
certain exterior conditions which are in violation of the
City's Property Maintenance Code.
I recently reinspected the exterior of your property and found
that the property was still in violation of the maintenance
standards contained in the code that deals with upkeep and
appearance (see attached list). The defects listed on the
report are required to be corrected by the next inspection
date shown in the upper left corner of this letter to avoid
further legal action.
It should be noted that each violation is considered a
separate punishable offense and that failure to comply with
this Final Notice to Repair will result in the issuance of a
civil infraction notice, which carries a first offense fine of
$ 100.00.
If you wish to appeal any part of this notice, you may file a
Claim of Appeal with the Housing Board of Appeals. Claim
forms are available from the Neighborhood and
Construction Services department and must be submitted at
least 3 days before the next scheduled reinspection.
In addition, please note that there will be a charge of &30.00
for each reinspection that we make.
Should you have any questions concerning this matter, please
do not hesitate to contact me at 724-6715.
'
Gil Line
Housing Inspector
City of Muskegon, Neighborhood & Construction Services
CITY OF MUSf<EGON INSPECTION REPORT
,June 24, 1997 AT 9:12 a.m. FOR FOURTH 1299 PAGE l
No Cat
1
NOTE: U cannot be until a certificate of
compliance is issued.
2
NOTE: Effective June 15, 1997 no certificates of compliance
will be issued until all fees and debts to the City for that
property have been paid in full.
3 B BATH
Wall paper is coming off the ceiling.
4 B BATH
Outlet is part of a light and is not protected by ground
fault interrupter circuit.
5 B BATH
lightlsl has/have a switch that touches the body of the
fixture - must be wall switched or protected by GFIC.
6 ELECTRICAL
Rear egress not lighted.
7 EL.ECTRICAL
Rear entry, outlet without cover.
8 ELECTRICAL
Dining room fixture missing.
9 ELECTRICAL
Bathroom fixture missing.
10 ELECTRICAL
Exterior wiring not weather proof.
11 ELECTRICAL
Kitchen fixture falling from ceiling.
12 8 EXTERIOR - FRONT
Screen door screen is ripped or missing.
15 · £' E'XTEF:IOR ·· HOUSE SIDING
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finis\1.
14-~--r~xTERIOR - REAR ENTRANCE
Door is delaminating or is delaminated - it mL1st be replaced.
15~-~-~·uERIOR - SHED
roofing is damaged~
l.6 B EXTEFHOFi FRONT
Concrete steps are deteriorated.
17 fJ EXTEnIOF< FRONT
window screen is torn or damaged.
18 0 ~XIERJOR REAR STEP STRUCTURE
is not protected from weather by a properly applied
water-resistant paint or waterproof finish.
t9 ~ 'EXTERIOR SOME SASH, TRIM AI\ID
~ A H EAVE Has peeling paint and is not protected from ~,eat her
· by properly applied water-resistant paint or waterproof
finish.
0 B KITCHEN
Wall paper is coming off the walls.
1 B KITCHEN
ceiling is water stained"
CITY OF MUSKEGON INSPECTION REPORT
June 24, 1997 AT 9:12 a.m. FOR FOURTH 1299 PAGE 2
No Cat Violation
==== ===
22 B KITCHEN
floor covering has holes, rips or is missing or is not sealed
on edges •
.,-.
..:.,. .::,. B REAR LAUNDRY ROOM
floor covering has holes, rips or is missing or is not sealed
an edges.
24 A REAR LAUNDRY ROOM
Sewer line is open letting sewer gas escape.
25 B SHED SOME SASH AND TRIM
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
26 STRUCTURAL
ApproNimately 40,:40 two--story wood frame house.
27 STRUCTURAL
Front porch has rotted floor boards.
28 STRUCTURAL
Posts not properly anchored.
29 STRUCTURAL
Rear porch roof collapsing and rotted, floor rotted also.
30 STRUCTURAL
Front steps is crackad and patched.
31 STRUCTURAL
Open holes in eave.
END OF LIST
___..,____.,_ _,,'"''"......,'"".l\i.~~~"'~·--•'Jla ltS):M _,,,,,, __ .,.._,, ...__..~'
RE-INSPECTION REPORT J-cPs -9J"/Y1.A.
ADDRESS / :211 .E4: INSPECTOR ,,,,,-V~ DATE 3-~3-9'-,,J,
••••••••••••••••••••c••••••••••o••m•m~••••••=nna• ••••••••••••••••m••••••••• '
NUMBER OF UNITS -· ----.
DID NOil' GAIN ENTRY
NUMBER OF UNITS INSPECTED ,TIM~RRIVED TIME LEFT ....
SI r tl!!fll o;awr i iii EXTERIOR r NSPECTION-__ t::::::::_____ NO -·cHARGE-lNSPECT I ON
OCCUPIED: YES ______ NO __~ _ BY WHOM OWNER ________ TENANT __________ _
==-- ~:===== ~',
IF VACANT DOES THE EXTERIOR LOOK 0/( TO STOP FUTURE INSPECTIONS YES NO z:;::=:
UNIT READY FOR FULL C. C. ___ ,________ ,
1001 BUILDING GIVEN TEMP. C.C. ________ _
1002 THE FOLLOWING UNITS MAY HAVE A TEMP c.c. _______ _
1003 THE FOLLOWING UNITS IF VACATED MAY NOT BE OCCUPIED __-.t==;::
1004 THESE UNITS ARE VACANT AND MAY NOT BE OCCUPIED ___ C..:t,~f-- ____ _
1005 UNIT MAY HAVE TEMP. C. C. TO JUNE 30 FOR WINTER REPAIRS ____________ _
UNIT MAY NOT HAVE TEMP C. C. BUT MAY BE OCCUPIED ________________ __
EXTEND EXISTING NOTICE --,. .,J---- NEXT INSPECTION 90 DAYS
GO TO FINAL NOTICE TO REPA!R_~-L- REQUEST WARRANT NOTICE BE SENT ______ _
SEND SEARCH WARRANT LETTER _______ NUMBER OF NO SHOWS _______ _
SLEEPING IN BSMT LETTER ROACH LETTER
GARBAGE STORED IN DWELLING_________ GAS ENG. IN DWELLING
HALL BLOCKED BY DEBRIS --------- FURNACE CERTIFICATION-LETTER___________ _
COMMENTS ____ ~~;;;;;;t;:;//1--1':~---------------_____ --·----
-=-"J----~--l:f-
==--------------'------~-.{.I3,!.__~ -- ~ Q _ o -;-7------------
----------1:::--~------------· ----
-R_E________________________________________ _
I NSPEC. ---------------··----··----··-·-·-----
Date of Inspection 02/16/98 ~lJ½=NI.
Date
Next
Time
of This Notice
Inspection Date
of Next Inspection
Sent to:
02/17/98
03/23/98
ON OR ABOUT
FINAL NOTICE TO REPAIR
01
'
·l-'1Y?I
FINAL NOTICE
BACKING, EDWIN C
1586 SANFORD ST.
MUSKEGON, MI 49441
In reference to: 1299 FOURTH
Number of Units: 1
Inspected by GIL LINE Phone: 724-6715
A reinspection of the property referenced above revealed conditions which ar
violations of the City of Muskegon property maintenance code. These conditi
have not been corrected as previously ordered and are listed on the attached
page(s). You are responsible for correcting these conditions by the next
inspection date shown above. In regard to these you should know the followi
1. Each violation listed is a separate punishable offense. Failure to
complete repairs by the required date will lead to further legal action
which may result in substantial fines. These fines begin at $100.00.
Please note that each day that a violation continues to exist may be
charged as a separate civil infraction and may result in a separate
civil fine.
2. Your property will be reinspected on the date and time above to see if
the violations are corrected. If this appointment needs to be changed,
you must contact our office at least 3 working days in advance of the
scheduled date in order to avoid a $40.00 service charge.
3. You may appeal any part of this repair notice by filing an appeal with
the Housing Board of Appeals. Claim forms can be obtained from the
Neighborhood and Construction Services department and must be submitted
least 3 days before the next scheduled reinspection.
4. Good workmanship is required. In addition, repairs involving the
installation of new electrical, heating or plumbing fixtures require
appropriate permits and must be completed by licensed contractors if the
building is not occupied by the owner.
5. It is the owner's responsibility to make arrangements so that the
inspector can enter all units and the basement. If entry is not gained
to all areas of the building, a $40.00 service charge will be made.
Periodic reinspections to determine progress will have a charge of
$40.00 plus $5.00 per unit. Therefore, it is important that you
complete the work as soon as possible.
6. Exterior masonry repairs or painting that may be r-equired from November
1 to March 31 can be completed anytime before June 30.
Sincerely,
Housing Inspector
City of Muskegon, Neighborhood & Construction Services
CITY OF MUSKEGON INSPECTION REPORT
February 17, 1998 AT 11:25 a.m. FOR FOURTH 1299 PAGE 1
No Cat Violation
=== =================================================================
1
NOTE: Unit cannot be occupied until a certificate of
2
compliance is issued. FINAL NOTICE
NOTE: Effective June 15, 1997 no certificates of compliance ·
will be issued until all fees and debts to the City for that
property have been paid in full.
3 B BATH
Wall paper is coming off the ceiling.
4 B BATH
Outlet is part of a light and is not protected by ground
fault interrupter circuit.
5 B BATH
lightls) has/have a switch that touches the body of the
fixture - must be wall switched or protected by GFIC.
6 ELECTRICAL
Rear egress not lighted,
7 EL.ECTR I CAL
Rear entry, outlet without cover.
8 ELECTRICAL
Dining room fixture missing.
9 ELECTRICAL
Bathroom fixture missing.
10 ELECTRICAL
Exterior wiring not weather proof.
11 ELECTRICAL
Kitchen fixture falling from ceiling.
12 B----ta:XTERIOR - FRONT
Screen door screen is ripped or missing.
13 B-EXTERIOR - HOUSE SIDING
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
14 B ---EXTER I DR - REAR ENTF<ANC:E
Door is delaminating or is delaminated - it must be replaced.
15 --e~x~rERIOR - SHED
roofing is damaged.
16 B-------1".XTERIOR FRONT
Concrete steps are deteriorated.
17 &--EXTERIOR FRONT
window screen is torn or damaged.
18 Et---t:'.X TERI OF: REAR STEP STRUCTURE
is not protected from weather by a properly applied
water-resistant paint or waterproof finish.
19 &----f.XTERIOR SOME SASH, TRIM AND
REAR EAVE Has peeling paint and is not protected from weather
by properly applied water-resistant paint or waterproof
finish.
20 B f<ITCHEN
Wall paper is coming off the walls.
21 B fO::ITCHEN
ceiling is water stained.
CITY OF MUSKEGON INSPECTION REPORT
February 1 7, 1998 AT 11:25 a.m. FOR FOURTH 1299 PAGE 2
No Cat Violation
--- --- ====================================================-==-=-=======
22 B KITCHEN
floor covering has holes, rips or is missing or is not sealed
on edges.
23 B REAR LAUNDRY ROOM
floor covering has holes, rips or is missing or is not sealed
on edges.
24 A REAR LAUNDRY ROOM
Sewer line is open letting sewer gas escape.
25 B=-SHED SOME SASH AND TRIM
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
26 STRUCTURAL
Approximately 40x40 two-story wood frame house.
27 STRUCTURAL
Front porch has rotted floor boards.
28 STRUCTURAL
Posts not properly anchored.
29 STRUCTURAL
Rear porch roof collapsing and rotted, floor rotted also.
30 STRUCTURAL
Front steps is cracked and patched.
31 STRUCTURAL
Open holes in eave.
Ei'lD OF LIST
/
.-\ffirauti, e .-\.::rion
0 I 6ii !4-6 ".'03
F.-\X,..,14--6'.'90
.-\ssusor
616/"H-6 .. 08
F.-\.'<,"'l-'"6".'68
Cemclery
616f7l,4-678J
F.-\XJi22-U88
Civil Sen·ice
6l6J124-6716
FA."<nU-,6790 West Mkhlgan's Sbordlne 0ty
Clerk DANGEROUS BUILDING INSPECTION
616(724--6705
FAxnl4--6768
1299 Fourth St.
Comm. & Neie,h.
Sen-ices April 4, 2000
616Ji24-6717
FA."<n24-67~
2 STORY WOOD FRAME UNOCCUPIED HOUSE.
Ene,inurine;
616f1U.-6707
I. Roofin disrepair. (leaking)
FAX1124-6790 2. Kitchen ceiling falling down.
Finance 3. Porch rotting.
616f7H-6713
FAxnU-6768
4. Window sashes rotted.
5. Rear fascia boards rotted away.
Fire Dept.
616Ji24-6792 6. Front steps cracked and falling apart.
F.-\xn24-6985 7. Garage roof failing (rotted, shingles missing)
Income Tax 8. Siding missing on garage.
616Ji2-t-6770
FAX/724--6768 9. Building is unsecured.
Info. Systems
6l6Ji24-6975
F.-\X/724-6768
Leisure Service
616n24-6704
F,xn 2u 790 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
~lanaoer·~ Office
DETERMINED THAT THE STRUCTURE MEETS
·
THE DEFINITION OF A DANGEROUS
"'ni-'""" BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE.
F.-\.\/724-6790
__t
~hyor's Office
6\6/724-6701
FAxnl-t.-6790
pff/1-, £7 t7
:,.;eigh. & Const.
DON LABRENZ II, INSPE OR DATE J
SerYices _.,...-·/ /~
~~~;:::~:, CONCURRED IN : ½>A<!.:;1 ~~ //'1/c .
Pl>aoiog/Zoniog ,dERRY Jl!1CINTYREJi DING OFFICIAL
6t6nU-6702 (.,/'
FAxnZ+.6790
Police Dept.
616/724--6750
FAxn?l-51-t0
Public Works
616n:u. . .uoo
FAx.nl?-4188
Treasurer
616n2.i..6120
FAX/i:U--6768
\\.-atcr Dept.
616n?+67J8
F.-\.\.-r1+6768
\\.ittr fihrali<Jn
611> .. !.i-..1106
F \.\. ~.<~.<!<l1l Cit)· of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.5
I .?:
y,
I Aflir111~tr,e Action
,16"M-6'.'0J
f.\Xl".'H-6790
A~so.sor
616,7.H-6'108
F.\XJ-724--6768
Cemetery
616n2-4-678J
FAxn22...uss
n~·il Seoice
616n2+.6716
FAxnH--6790 West Mldtlgan's Sliorellne Oty
Clerk
616nU-6705
FA:<nH--1178
NOTICE OF ORDER
Comm. & Neigh.
Services
616nU-6717
FAXn26-2501
April 5, 2000
Engineering
6t6n24-6707
FA:<nl.J--6790 Edwin Backing
Finance
1586 Sanford St
616/724-6713 Muskegon Ml 49441
FAX/7U-6768
Fire Dept. Edwin Backing
616172:4-6792
FAX/724-6985 577 Strawberry Lane
Income Tax
Muskegon Ml 49442
6!6/7H-6770
FAX/7:z.t-6768
Dear Property Owner:
Info, Systems
616/72-1-6975
FA:<nH-6768 Subject: 1299 Fourth
NW 50 FT LOT 12, BLK 392
Leisure Service
616172-4-670-4
FAX./72-'·6790 The City of Muskegon Building Official has recently inspected the subject
'.\lanager's Office property and has found the buildings to be dangerous as defined under Section
616172-,i-67.?4
F.-\X/72-1-6790
4-23 of the Muskegon City Code.
.\l:.ayor's OUice
616/724-6701
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
FAX/724-6790 structures within thirty (30) days from the date of this order.
.,cigh. & Const.
Sen ices Should you have any questions concerning this matter, please do not hesitate to
yo~m
6161724-6715
F-\X.1724-6790 contact our Building Official, Jerry McIntyre at 724-6715.
Planning/Zoning
6161724-6702 Sincerely
FAX1724-6790
Police Dept.
616/724-6750
FAX/722-51-10 ~rabinski
Fire Marshal/Inspection Services
Public Works
616nH-4100
F.-\Xflll-4188
Treasurer
616/724-6720
FAX/7H-6768
Water Dept,
616/724-6718
F..\Xf724-6768
\\ ~l,:r Filtr:1tion
bib '"1"··'106
,.- \ \. "5~!12')0 Cit) of Muskegon, 9JJ Terrace Street, P.O. Box SJ6, Muskegon, Ml 4944J-0SJ6
~IUSKEGON HOUSING BOARD OF APPEALS PAGE6OF7
MEETING MINUTES JUNE I, 2000
#00-37 - 1867 HOYT (CONTINUED)
ctions Dept. has not heard from either of them. Staff recommen o declare
the bu1 · substandard, unsafe, a public nuisance, and forwar e City
Commission
Randy Mackie, suppo by Greg Borgman, m a motion to accept Staffs
recommendation and forwa ity Commission for concurrence. A
roll call vote was taken.
AYES: ABSENT:
Greg Borgman Fred Ne1 Clinton Todd
John Warner William Anders
Randy Macki
Jerry Bev
#00-38 -1299 FOURTH - Edwin Backing, 1586 Sanford, Muskegon Ml
and/or 577 Strawberry Lane, Muskegon Ml
The owner and/or a representative did not attend the meeting. Bob Grabinski stated
that this home is an eyesore. History shows that the building has been in disrepair
for a long time and the staff recommends to declare the structure(s) substandard,.
unsafe, a public nuisance and to forward to the City Commission for concurrence.
Greg Borgman, supported by Randy Mackie, made a motion to accept Staff's
recommendation and forward the case to City Commission for concurrence.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Nielsen Clinton Todd
Randy Mackie William Anderson
John Warner
Jerry Bever
The motion Carried.
OLD BUISINESS:
Bob informed the board that the current Dangerous Building list will be busy for a
few months and asked them all to do the best they can to attend all the meetings.
I\Gis _nt\data\INSPECTIONSIBAUMAN\Cathy\HBA MEETINGSIMINUTES 6- I -00.doc
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood & Construction Services Dept.
Re: Concurrence with Housing Board of Appeals
Findings and Order for case #00-23 - 1349 Arthur
Street (Garage)
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 1349
Arthur Street (Garage), also known as, The South 50 Feet, Lot 8
Block 255, is unsafe, substandard and 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 demolitions with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This Garage is located between Catherine and Isabella. The owner
is Mr. John Thomas.
The garage was burnt and the roof collapsed in July of 1999. (Please
see pictures attached).
On 3/15/00 a Dangerous Building Inspection was conducted and
revealed that no repairs had been made to the garage. A Notice and
Order to Repair or demolish was sent on 3/17/00. There had been no
contact with the owner and the case was heard before the Housing
Board of Appeals on May 4, 2000.
The owner and/or a representative did not attend the meeting and the
Board found the Garage to be unsafe, substandard, a public nuisance
and ordered it to be demolished. A finding of facts and order was
sent on 5/9/00. To this date, there has been no contact with the
owner.
Attached are copies of a map showing the location of the property,
pictures of the structure, the dangerous building inspection report
dated 3/15/00, the notice and order dated 3/17/00, Notice of hearing
dated 5/1/00, minutes to the May 4, 2000 meeting, and the finding of
facts and order dated 5/9/00.
ESTIMATED COST OF REPAIR:
$2,500.00
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.-\ffirmati~e A ...-tion
6!6,1!4--6703
F.-\X/1!4--6790
.-\ssessor
616n2+-6708
F.-\X/724-6768
Cemetery
6t6n24-678J
FAxn22•4188
Civil Service
6t6n24-67t6
F AX/724-6790 West Michigan's Sborellne Oty
Clerk
lil6n24--6705
F AX/724-6768
DANGEROUS BUILDING INSPECTION REPORT
Con1m. & Neigh.
Services
616/724--6717
1349 ARTHUR
F AX/724·6790
Engineering March 15, 2000
616/724-6707
F AX/724-6790
Finance
6 46/724-6713
1. Foundation Failing.
FAX/724-6768 2. Entire roof system in state of collapse.
Fire Dept.
6!6/724,6792
FAX/724•6985
Income Tax BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
6!6/724--6770
F AX/724--6768 HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Info. Systems
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
616/724-6975 SECTION 4-23 OF THE MUSKEGON CITY CODE.
F AX/724-6768
Leisure Service
616/724,6704
F Axn24--6790
Manager's Office
616/724•6724 te (
FAX/724•6790
Mayor's Office --7
616/724•670/ 1~
FAxnH-6790 ~~ ~ ..,_j,,_ J-/(,--6-()
Ne,gh. & c,""·
Services /
/Jerry
'
_Mlntyre, Bu7ng Official
,...
Date
616/724•6715
F AX/724--6791Y
Planning/Zoning
616/724,6702
F AX/724--6790
Police Dept.
616/724•6750
FAxn22•5140
Public Works
616/724••'100
FAX/722•4188
Treasurer
616/724•6720
FAxn24•6768
Water Dept.
616/72.J..6718
FAxn24-6768
\\ :.liter Filtration
616n!.J..-H06
F-\X.17!>~!>!90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 494-13-0536
:\ffirm.i.ti\e Action
6 \ 61i24-670J
F.-\X. iH--6790 MUSKEGON
Assrssor
6161724-6708
FAX1724-6768
Cemelery
6t6n2-'•678J
FAxn22--'188
Civil Service
6t6n2-t-6716
FA.Xf724-6790 West Mldllgan's Sborellne City
Clerk
6t6n24-61os
FAXnH--6768
NOTICE OF ORDER
Comm. & Neigh.
Services
616/724-6717
FAxn24-6790 March 17, 2000
Engineering
616/724-6707
F AX/724-6790
Mr. John Thomas
1349 Arthur
Finance
6I6n24-67l3
Muskegon Ml 49442
FAX1124-6768
Fire Dept. Dear Property Owner:
616/724-6792
F.-\X/724-6985
Subject: 1349 Arthur
Income Tax S 50 FT of LOT 8, BLK 255
616/724-6770
FAX1724-6768
The City of Muskegon Building Official has recently inspected the subject
Info. Systems
616/724-6975 property and has found the buildings to be dangerous as defined under Section
FAX1724-6768
4-23 of the Muskegon City Code.
Leisure Service
616/724---6704
FAX/724-6790 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
structures within thirty (30) days from the date of this order.
Manager's Office
616/724-6724
F.-\X/724-6790 Should you have any questions concerning this matter, please do not hesitate to
Mayor's Office contact our Building Official, Jerry McIntyre at 724-6715.
616n24-670I
FAX1724-6790
Neigh. & Const.
1~ert
Services , Si&!TioiuQ
616/724-6715
FAX1724-6790
B. Grabinski
Planning/Zoning Fire Marshal/Inspection Services
616/724-6702
FAxn24-6790 _
Police Dept.
616/724-6750
FAX1722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAxn24-6768
\\ ater Filtration
6\6T'H-4l06
F:\\.. .,55--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49H3-0536
.-\ffirmalive .-\ction
2Jl,il4-6703
F.-\X.'722-llH MUSKEGON
Assessor
231,724-6708
FA:{;'726-5131
Cemetery
231/724-6783
FAX.n2&-5617
Civil Service
231n24-67t6
FAX/'7244405 West Mkhlgao's Shorellne llty
Clerk
231n2u1os
FA:<n24-4178
Comm. & Neigh.
Services
CITY OF MUSKEGON
231/724-6717
FAX1726-2501
NOTICE OF HEARING ON
Engineering DANGEROUS AND UNSAFE CONDITIONS
231n2u101
FAX1727-6904
Finance
231/724-6713
FAX/724-6768
DATE: May 1, 2000
Fire Dept,
231/724-6792
FAX/724-6985 TO: Mr. John Thomas
Income Tax
1349 Arthur
231/724-6770 Muskegon MI 49442
F AX/724-6768
Info, Systems SUBJECT: Dangerous Building Case #00-23 - 1349 Arthur
231/724-6744
FAX/722-O01
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Lel.rnre Service
231/724-6704 of Muskegon will be held on May 4, 2000 at 5:30 p.m. at the Muskegon City Hall
FAX/724-1196
Commission Chambers on the first floor. Said hearing will be for the purpose of
~tanager's Office determining whether the structure should be demolished or otherwise made safe.
2311724-6724
FAX/722-1214
Officials from the Inspection Services Department have inspected the structure and it is
~hyor's Office
231/724-6701 alleged that it has defects as listed on the attached page(s).
FAX/721-1214
Inspection Services The defects are violations of Section 4-23 of the Muskegon City Code, which defines
231/724-6715
FAX/726-250 I
dangerous buildings.
Planning/Zoning
231/724-6702 At the hearing, the Inspection Services Department will present testimony regarding the
FAX/724-6790 alleged defects. You are advised that you or your representative may cross examine the
Pollce Dept, City's witnesses and you may present testimony in your own behalf and call witnesses in
231/724-6750
FA..X/722-5140
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Public Worlu:
231/724-4100
FAX/122-4188 Inspection Services
Treasurer City of Muskegon
2Jtnl4-6720
FA..Y.n24-6768
Water Billing Dept.
231/724-6718
FA:<n24-6768
Water Flltntlon
231/724-4106
FAxnSS--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, i\11 49443-0536
MUSKEGON HOUSING BOARD OF APPEALS
APRIL 6, 2000 MEETING MINUTES
#00-23 -1349 Arthur (garage). - John Tomas, 1349 Arthur, Muskegon MI.
Randy asked if the owner is in attendance to step forward at the microphone. The owner or a
representative of the owner was not in the attendance. Grabinski informed the board of the
repairs needed on the structure, which is listed on the dangerous building inspection report. a
notice and order was sent out on 3/31/00 to repair or demolish the structure in 30 days and there
has been no contact with the owner since the notice and order. Staff recommended to Declare a
dangerous substandard, unsafe, a public nuisance and to forward to city commission for
concurrence. A motion was made to accept staff's recommendation by Randy Mackie and
supported by John Warner. A roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
Randy Mackie Greg Borgman
Fred Neilson Clinton Todd
John Warner
Rev. William Anderson
The motion carried.
""-llo.lc# 00-24 - 350 Bauer - Jim Bauer 1396 Pine, Muskegon MI
tin attendance because Bob Grabinski tol he would represent him to the
ed the board that Mr. Bauer c to the office to pull a permit to make
the repairs. An extens1 was requested. Bob sta at the staff recommended to extend for
sixty days. If repairs are no mplete and an · ection is not completed in 60 days, to bring the
case back for review at the July mg. Nielson made a motion, supported by John
Warner to accept the staff's reco A roll call vote was taken.
AYES: ABSENT:
Randy Mackie
Fred Nielsen
William Anderson
John Warner
4
.\ffirm.ithe .-\~!1011
!JI 714-6 .. OJ
F-\X,7?1-1214
.\,ieHor
?Jl.-724--6"'08
FAX '126-S181
Cemetery
23ln24-6783
FAxn26-S617
CMI Sen·ke
ntn24-6716
FA..X/7H-440S West Mlchlf!lln's Shorellue Qty
Clerk
23ln24-670S
FAXnl4-4178
MUSKEGON HOUSING BOARD OF APPEALS
Comm. & Neigh.
Services
2311724-6717 DATE: May 9, 2000
FAX/726-2S01
CASE: 00-23-1349 ARTHUR
Engineering
1311724-6707
FAxn27..6904 Mr. John Thomas
Finance
1349 Arthur
2311724-6713 Muskegon Ml 49442
FAX1724-6768
Flre Dept, FINDING OF FACTS AND ORDER
231/724-6792
FAX/724..698S
Income Tu:
The following action was taken at a session of the Muskegon Housing Board of Appeals
231/724-6770 held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on May 4, 2000. The
FAX/724-6768
Inspection Services Department of the City of Muskegon, having inspected the building
Info, Systems structure located upon the property, described as S 50 FT of LOT 8, BLK 255, also
231/724-6744
FAX/722-4301 known as, 1349 Arthur found the conditions listed on the attached pages exist and that
Leisure Service
these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
23 l/724-6704
72 1196
FAX1 4- The Board further found that these conditions exist to the extent of endangering life,
"'"''""' om" safety and the general welfare of the public.
23 l/72,H724
FA.X/722-12 I 4
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
"'""'' om" d ecIare d to be unsa fe, su b st an d ard an d a pu bl"1c nuisance.
231im-6101 .
FAX1722-1214
'"'""'''" smi«lt is, therefore, ordered that the owners or other interested parties take such action to
~~i;~t~:!, REPAIR or REMOVE said structure within 30 days of the receipt of this order, the
Building Official shall take bids and remove said structure.
Planning/Zoning
231/724-6702
F AX./724-6790
Police Dept.
231/724..6750
FAX/722-S140
Public Work!
231/724--41 00
FAX/722-4188
Treasurer
231/724-6720
FAXn24..6768
Water BIUlng Dept.
231/724-6718
FAX1724-6768
Water Flllratlon
231/724-4106
FAX1755-5290
City of ~luskegon. 933 Terrace Street, P.O. Box 536, ~luskegon, i\11 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
·•
Date: July 17, 2000
To: Honorable Mayor and City Commissioners
From: Neighborhood & Construction Services Dept.
Re: Concurrence with Housing Board of Appeals
Findings and Order for case #00-31 - 477 E Apple
Ave.
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 477 E.
Apple Ave. is unsafe, substandard and 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 demolitions with the
lowest responsible bidder.
FINANCIAL IMPACT:
The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
This single family dwelling is located near Williams St (Please see
attached map). It is one of three homes in a row that are dangerous
buildings.
This property was previously owned by BK properties who sold the
property to Phyliss Bartee.
An inspection was conducted on 4/5/00 which revealed this dwelling
to be dangerous. A Notice and Order was sent on 4/5/00. On
4/23/00 the Inspections Dept received a title search that revealed the
property was sold on a Sherriffs deed to WMC Mortgage. Notice was
sent to them on 4/24/00. There had been no contact with the owner
and the case was heard before the Housing Board of Appeals on
June 1, 2000.
No one attended the meeting on behalf of the owner and the Board
found the building to be unsafe, substandard, a public nuicense and
ordered it to be demolished. The Findings of Fact and Order was
sent on June 5, 2000.
Attached are copies of the Map showing the location of the property,
pictures of the building, the building inspection report, Notice and
Order dated 4/5/00 and 4/24/00, Notice of hearing, the Boards
minutes of the June 1, 2000 meeting and the Finding of Facts and
Order.
ESTIMATED COST TO REPAIR:
$15,000.00
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\;firG1atiH .-\ctkln
, 16, 7:?4-6 ~01
F \\, .. :!4-6790
.hscssor
616,-:'24-6'.1'1)8
F.\\, 724-6768
Cemetery
616172.J.-6783
F.-\X/722-1188
Ci\·jJ Service
6I6nH-6716
FAxnH--6790 West Michigan's Shoreline Oty
Clerk
616/724--6705
F.-\X/724-4178
DANGEROUS BUILDING INSPECTION REPORT
Comm. & Neigh.
Services
616/72-1-6717 477 APPLE AVE
F.-\X/726-1501
Engineering APRIL 5, 2000
616/724-6707
FAX/714-6790
Finance
616/724--6713
FAX/71-1-6768
Fire Dept. 1. Chimney stack deteriorating.
616/71-1-6791
F .-\X/724-6985 2. Missing siding, rotting siding, damaged facia.
3. Numberous broken out windows, deteriorating frames.
Income Tax
616/724-6770 4. Side porch steps in need of repair.
F .-\X/71-1-6768
5. Heater - hot water heater needs to be certified safe.
Info. Syslems 6. Interior ceiling and wall repair needed.
616/714-6975
F.-\X/724-6768
7. Flooring buckled.
8. Large amount of debris left in home.
Leisure Service
616/71-1-670-1 9. Filthy carpet, ripped carpet.
F.-\X/724-6790 10. Plumbing and electrical violations.
~tanager's Office
6161724 •6724 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
6 0
F"""· " DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
Mayor's Office
616/724-6701
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON
F.-\X/724-679{) CITY CODE.
r'\t!igh. & Const.
Sen·ices
616/714-6715
F-\X/72-1-6790 /-1--la;.£=<=..,_=.:._..::,.[.!!....,~>.b.'.,ll,~,-l:c~=:-..-----
Planning/Zoning
616/724-6702 .---"'
F.-\X/72-1-6790
Police Dept. CONCURRED IN:
1
>,&"._-'½ d, L~t---t'
616/724-6750
FAX/722-51-10
/ / Jerry~clntyre, BufrngOfficial Date
[/
Public Works
616/724-4100
F.-\X/721--1188
Treasurer
616/724-6720
F.-\X/724-6768
Water Dept.
616/714-6718
F.-\X/724-6768
Watrr Filtration
616("24-4106
F.\\, 755--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
~tfirmatin· Action
616,714-6'.'03
F.\X.. '724-6791:J
.\sscssor
616,724-6708
F.-\Xf124-6768
Crmetny
616/724-6783
FAXf12Z--4l88
Ci~·il Service
616/724-6716
FAX/72-l-6790 West Mkblgan's Sborellne Qty
Clerk
616/724-6705
FAX/724-4178
NOTICE OF ORDER
Comm. & Neigh.
Services
616/724-6717
FAX/72&.2501
April 5, 2000
Engineering
616/724-6707
FAXfl24-6790 Phyllis P. Bartee
Finance 477 E Apple Ave
616/724-6713 Muskegon Ml 49442
F.-\X/724-6768
Fire Dept. Dear Property Owner:
616/724-6792
F.-\X/724-6985
Income Tax
Subject: 477 E. Apple Ave.
616/724-6770 LOT 6 EX S 50 FT BLK 66
FAX/724-6768
Info. Systems The City of Muskegon Building Official has recently inspected the subject
616/724-6975
FAX/724-6768 property and has found the buildings to be dangerous as defined under Section
4-23 of the Muskegon City Code.
Leisure Service
616/724-6704
F.-\X/724-6790
As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
:'\-fanager's Office structures within thirty (30) days from the date of this order.
616/724-6724
FAX/724-6790
Should you have any questions concerning this matter, please do not hesitate to
:'\-fayor's Office
616/724-6701 contact our Building Official, Jerry McIntyre at 724-6715.
FAX/724-6790
:\eigh. & Const.
Services
6!6/724-6715
F -\X/724-6 790
Si:e:rg~fil,
Planning/Zoning
ibert B. Grabinski
616/724-6702 Fire Marshal/Inspection Services
FAX/724-6790
Police Dept.
616/724-6750
FAX1722-5140
Public Works
6!6/7H-4100
FAX/722-4188
Treasurer
616/72-$-6720
FAX/724-6768
Water Dept.
616/724-6718
F.-\X/724-6768
\\ ater Filtration
6!6-'"'.'H-4106
f.-\\/"155-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.-\ffirm.1ti,e Action
6!6,"'H-6703
1-"A."\, 7::4-6790
.-\..sessor
6l6ii24-6'108
F.-\..\/724-6768
Cemuery
616nl4-678J
F.-\xnl?-4188
Ci\·il Sen·ice
616n2.f.-67t6
F.-\..'<nH-6790 West Mlcblgan's Sllorellne Oty
Clerk
April 24, 2000
GI6n24-61os
F.-\xnl.f-6768
Comm. & Neigh. Robert A. Tremain & Associates, Attorneys At Law
Services Professional Corporation
6l6n24-6717
FAx.n2.f..6790 401 South Old Woodward Ave, Suite 300
Engineering
Birmingham Ml 48009-6616
6t6n24-6707
FAX/724-6790
Finance
616n24--6713
FAX/724-6768
RE: 477 E APPLE, also known as,
LOT 6 EX S 50 FT BLK 66
Fire Dept.
616/724-6792
FAX/724-6985 To Whom It May Concern:
Income Tax
616n24-677o
F AX/7H-6768
It has been brought to our attention that the above property may be of interest to
you.
Info. Systems
6t6n24-697S
FAX1724-6768 This is to inform you that the structures located at the above property has been
Leisure Service put on our Dangerous Building list. Please see the enclosed Notice and Order
616n24-6704 that was sent out on 4/05/00 and the inspection report listing the code violations
FAX/724-6790
dated 4/05/00.
Manager's Office
616/724-6724
FAX/724-6790 This property will be going before the Housing Board of Appeals June 1, 2000.
Mayor's Office
The board will determine if this property should be declared substandard, unsafe,
616n24-670l a public nuisance and forward the case to the City of Muskegon Commission
FAxn24-6790
Committee for concurrence with the decision to demolish the structures.
Neigh. & Const.
Services
616n24-67ts Please feel free to call (231) 724-6715 with any questions or concerns.
FAX/724-6790
Planning/Zoning
616n24-6702
FAX/724-6790
Siiliill.
Police Dept.
616n24-67so
lbert B Grabinski
FAX1722-5140 Fire Marshal/Inspection Services
Public Works
6t6n24-4100
FAX.nll-4188
Treasurer
6t6n24-6720
FAX/724-6768
Water Dept.
6t6n24-67lS
FAxn24-6768
Waler Filtration
616/724-4106
FAX/1~5-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
. .)mrmatlve .-\.-:don
/ lJ li72U70J
FAX1122-121-4
A.susor
2)11724-6708
F ..\.X/726-5181
Cemetuy
2311124--67&3
FAX/726-5617
Ch·U Service
2311124-6716
FAX/724-M0S Weit Michigan's Sborellne Oty
Clerk
2311124-6705
FAxn24-4178
Comm. & Neigh. CITY OF MUSKEGON
Services
2Jln24--6717
FAX1726-2501
NOTICE OF HEARING ON
Engineering DANGEROUS AND UNSAFE CONDITIONS
23 lf124-6707
FAxn27--6904
Finance
231/724-6713
FAXf124-6768
DATE: May 22, 2000
Fire Dept.
231/724-6792
FAX/724-6985 TO: WMC Mortgage Corp
Attmy: Robert A Tremain
Income Tai:
231/724-6770 401 South Old Woodward Avenue, STE 300
FAX/724-6768
Birmingham, MI 48009-6616
Info, Systems
231/724--6744
FAX/722-4301
SUBJECT: Dangerous Building Case# 00-31 -477 E Apple Ave., Muskegon, MI
Leisure Service
231/724-6704 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
FAX1724-1196 of Muskegon will be held on Thursday, June 1, 2000. at the Muskegon City Hall
Manager's Office Commission Chan1bers on the first floor. Said hearing will be for the purpose of
231/724-6724
FAX/722-1214
determining whether the structure should be demolished or otherwise made safe.
Mayor's Office
231/724-6701
Officials from the Inspection Services Department have inspected the structure and it is
FAX/722-1214 alleged that it has defects as listed on the attached page(s).
Inspection Services
23lf724-6715 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
FAX/726-2501
dangerous buildings.
Planning/Zoning
231/724-6702
FAX/724-6790 At the hearing, the Inspection Services Department will present testimony regarding the
Police Dept.
alleged defects. You are advised that you or your representative may cross examine the
231/724-6750 City's witnesses and you may present testimony in your own behalf and call witnesses in
FAX/722-5140
your own behalf. We encourage you to attend the meeting since it is always better if
PubUc Works
231/724-4100
someone is available to answer any questions the Board may have.
FAX/722-4188
Treasurer Inspection Services
231i724-6720 City of Muskegon
FAX/724-6768
Water Bllllng Dept.
2Jlf124-6718
FAX/724-6768
Water Filtration
2Jtnl4-4I06
FAxn55-5l90
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
,msKEGON HOUSING BOARD OF APPEALS PAGE4OF7
MEETING MINUTES JUNE I, 2000
00-33 - 935 JEFFERSON - BONNA HOOPLE, 760 EUGENE, MUSKEGO
nna Hoople attended the meeting. She stated that her late h
pie passed away in Jan of 1992 and left the property t er. This is
commercia operty. She has been trying to sell it with no luc he had been
through three rent real-estate agencies that did absolu nothing and now has
a new agent with t hopes of selling it soon. The real- ate agent, Laura Hammer
with Remax of Muske attended the meeting with s. Hoople. Laura stated that
Mrs. Hoople would like an tension of 30 days s ey could find out what is
happening with the other co ercial properti on the block. The property is
currently actively for sale.
rd extend for 30 days because Laura and
e been working with the inspections
John Warner, supported Randy Mackie, made a otion to extend 30 days and
review the case on 8/ 0. A roll call vote was taken.
ABSENT:
Clinton Todd
Jerry er
R y Mackie
e motion Carried.
#00-31 - 477 E APPLE - Phyllis Bartee, present address unknown
Robert A Tremain & Associates, Birmingham Ml
No one attended the meeting to represent this case. Mr. Grabinski informed the
board that this home was located 2 houses away from 501 E Apple and is one of
three dangerous buildings in a row on this street. Bob stated that it was the staff's
recommendation to declare this building substandard, unsafe, a public nuisance and
to forward to the city commission for concurrence.
Randy Mackie, Supported by John Warner, made a motion to accept Staff's
recommendation and forward to the city commission for concurrence. A roll call vote
was taken.
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Fred Nielsen Clinton Todd
John Warner William Anderson
Randy Mackie
Jerry Bever
The motion carried.
\\Gis _ ntldata\INSPECTIONSIBAUMAN\Cathy\HBA MEETINGSIMINUTES 6-1-00.doc
.lmrm,uh·e ...\~don
MUSKEGON
/ !JI 'r!4-670J
F.\.X, 721-1214
\Hessor
!JI 724-6 708
f...\X,'726-5181
Cemt1ery
231/724-6783
FA.X/726-5617
CMI Service
231/724--6716
FAX/724-4405
West Mlcblgan's Shoreline Oty
Clerk
231/724--6705 MUSKEGON HOUSING BOARD OF APPEALS
FAX1714-4178
Comm. & Neigh. DATE: June 5, 2000
Services #00-31 - 477 E Apple Ave., Muskegon MI
231/724-6717
CASE:
FAX1726-2501
Engineering WMC Mortgage Corp.
231/724-6707 Attorney Robert A. Tremain
FAX1727-6904
401 South Old Woodward Ave
Finance Suite 300
231/724-6713
FAX/72-1-6768 Birmingham MI 48009-6616
Fire Dept.
231/724-6792
FAX/724-6985
FINDING OF FACTS AND ORDER
Income Tu:
231/724-6770
FAX/724-6768 The following action was taken at a session of the Muskegon Housing Board of Appeals
Info. Systems
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the March 2, 2000
231/714-6744 The Inspections Services Department of the City of Muskegon, having inspected the
FAX/722-4301
building structure located upon the property described as Lot 6 Ex S 50 Ft Blk 66, also
Leisure Service know as, 477 E Apple Ave., found the conditions listed on the attached pages exist and that
ZJl/724-6704
FAX/724-1196 these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
Manager's Office
231/724-6724 The Board further found that these conditions exist to the extent of endangering life, safety
FAX/722-1214
and the general welfare of the endangering life, safety and the general welfare of the public.
Mayor's Office
231/724-6701
FAX1722-1214 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
declared to be unsafe, substandard and a public nuisance.
Inspection Services
231/724-6715
FAX1726-2501 It is, further ordered that if the owners or other interested parties fail to repair of remove said
Planning/Zoning structure, or appeal this order within 20 days of the receipt of this order, the Building
231/724-6702
F AX/724-6790
Official shall take bids and remove said structure.
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/721-4188
Treuurer
231/724-6720
FA.'Xn24-6768
Water Billing Dept.
231/724-6718
FAX/724-6768
Water Filtration
2Jl/724-tl06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, Ml 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
....
Date: July 19, 2000
To: Honorable M~Y5" and City Commissioners
From: Ric Scott #'/z.;F'
RE: Campbell Field Bids
SUMMARY OF REQUEST:
To award a contract to Nationwide Fence and Supply for
the Campbell Field Renovation project, but to negotiate
with them to reduce the total project cost to under
$400,000.
FINANCIAL IMPACT:
$400,000
BUDGET ACTION REQUIRED:
None, grant match provided in the 2000 budget
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
A flirmati,·e Aclinn
23 l/7H- <,7113
F,\.\ /722- 1214
. \ .SSl'SSOf
23 l/72H,70S
F, \ .\/72<,-518 1
( ' l'llll'U.' I) '
23 l /72~-(,7H3
FA.\/726-56 17
C ivil Scr\'icc
23 l /72H 7 16
F.-\ .\/7H -4~05 West MlchJgan's Shoreline City
Cll'rl<
2J 1/72,1-67115
F,\ .\m4-4 I 7S
Date : July 17, 2000
( '0111111. ,\ 'cigh.
L\'..
St·n'in·s To: Honorable Ma:J~ nd City Commissioners
23 1/724-(,7 17
F. \.\/7 2(,-2511 I
From: Ric Scott /Y--r/h~
E11g iiH· l·ri 11 g
23 1/72~-(,7117 Re: Campbell Field Bids
F.-\.\ /727-69114
On Tuesday, July 18 th , bids were received for the
Fi11a11n
231 /72 H,7 1J
Campbell Field renovation project.
F.-\ .\/72H,76S
The bids received were as follows:
Fin.· Oqll.
2J 1/72 4-(,7')2 Cycon Enterprises $414,300 . 70
F.-\ .\ /72 4-(,9S5
Buck construction $495,405
I n rn nll' T;n
231 /72 4-(,7711
F.\.\ /72 4-6 768
Nationwide Fence & Supply $385,446 . 33
I 11fo. S~·~lc ms
2 3 1/7H-674~
l .. _.\ .\ /722-DII I This project is funded through the Quality of Life bond
l.l'i!\un· Sl'n'itl· with the total grant of $400,000. The $105,000 local
2J 1/72 4-6704 match has been budgeted for in 2000.
F,\ .\/724- 11 96
.'\ lanagl• r 's Office
We have been working with the Campbell Field
23 1/724-6724 Neighborhood Association and the West Little League for
F -\ .\/722-1114
this project. This project was bid out with an
,\ l ayor'~ Orticc architect's estimate of over $400,000 with the hopes
2J I /724-67111
F .-\.\/722- 12 14 that bids would come in under estimates.
i\'l'il,!h. & \.oust. I would recommend that you award the contract to the low
23 1/724-67 15
bidder and to authorize staff to negotiate with the low
F .-\.\/72<,-2511 1 bidder, Nationwide Fence & Supply, to keep the total
Pla1111i11g/Zo11i11g project costs at under $400,000.
2J 11724-6 702
F A.\/72-1-67911 Thank you for your consideration.
Polin· Jh-pt.
23 1/72~-(,7 511
FA.\/722-5 1411
Puhlk \Vorli:s
2J l/7H -410II
F.-\.\/722-4 188
T n :1sun·r
23 l/72~-67211
F,\.\/724-6 768
Waln llilli11g Dcp l.
2J l/7H-<,7 18
F,\.\/72-1-6 7(,8
\\':tier Filtration
23 1/7 H -41116
F,\ .\ /755-52 911
C ity or Muskegon, 933 Terrace Street, P.O . Box 536, Muskegon, Ml 49443-0536
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