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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 25, 2000 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL MEETING TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: a. Tree City USA Presentation. CITY MANAGER • 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. Vacation of the west half only of Park Place. PLANNING & ECONOMIC DEVELOPMENT c. Agreement for Placement of Bus Benches. FINANCE d. Transmittal of 1999 Comprehensive Annual Financial Report. FINANCE e. Consent to demolish the structures at 1974 Park. NEIGHBORHOOD AND CONSTRUCTION SERVICES f. Sale of Two Vacant Lots on Wesley and Ducey Streets (In-Fill). PLANNING & ECONOMIC DEVELOPMENT g. Sale of Vacant Land on Leonard Street for New Construction. PLANNING & ECONOMIC DEVELOPMENT • PUBLIC HEARINGS: a. Soil Removal. Stripping and Dumping Permit Application Muskegon Catholic Central Soccer Field Expansion. ENGINEERING • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: a. Zoning Ordinance Amendment of "Greenbelts and Walls" section. PLANNING & ECONOMIC DEVELOPMENT b. Family Investment Center Tax Returns. CITY MANAGER c. Vacation of Marsh Street. PLANNING & ECONOMIC DEVELOPMENT d. First Quarter 2000 Budget Reforecast. FINANCE e. Concurrence with the Housing Board of Appeals Findings of fact and order for the following: 1) 84-86 Monroe 2) 151 Southern 3) 1589 Park 4) 573 Orchard f. Vegetation Ordinance Amendment. PLANNING & ECONOMIC DEVELOPMENT g. Sale of City-owned Property Adjacent to 2396 Greenwood. CITY MANAGER • 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 foiward to the microphone. • State name and address. • Limit of 3 minutes to address the Commission. • {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) • ADJOURNMENT: 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 (616) 724-6705 OR TDD: (616) 724-4172. AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 4/25/00 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: April 17, 2000 RE: Tree City USA Presentation SUMMARY OF REQUEST: Recognition of the City of Muskegon as a "Tree City USA". The City will be presented with a plaque and flag commemorating the designation. The downtown "Warm Lights, Cold Nights" Committee will also kickoff a Downtown Muskegon Tree Project. The Committee, in conjunction with the Muskegon Area Chamber of Commerce and the Westwood Group, will raise money to purchase trees for the downtown business district. FINANCIAL IMPACT: Cost of staff and equipment to plant trees downtown. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: None. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS- 0: (TREE CITY USA-PRESENTATION) ~ The National ~ Arbor D3:y Foundation® 211 N. 12th Street• Lincoln, NE 68508 • 402-474-5655 • www.arborday.org February 23, 2000 HONORARY TRUSTEES STEWART UDALL Chair Former Secrelary of Interior The Honorable Fred Nielsen EDDIE ALBERT Mayor of the City of Muskegon Entertainer WILLIAM H. BANZHAF 541 Sue Lane Executive Vice President Society o! American Foresters Muskegon, MI 49442 DOUGLAS BEREUTER U.S. Congressman Dear Mayor Nielsen: DONALD BORUT Executive Director Nat!onal league of Cities DICK CAVETT Congratulations to Muskegon on being named as a 1999 Enlerlainer Tree City USA! J. THOMAS COCHRAN Executive Director U.S. Conference of Mayors As we begin the new century, it is especially DA. MICHAEL DOMBECK Chief appropriate to recognize the value of trees to our USDA-Forest Service communities. The trees we plant and care for today will J. JAMES EXON Former U.S. Senator cool and beautify our cities, increase property values, LADY BIRD JOHNSON Stonewall, Texas help clean the air and water, and conserve energy for J. MICHAEL McCLOSKEY years to come. Chairman Sierra Club MAXINE (MRS. FRANK) MORRISON The Tree City USA award indicates that you take your Former Nebraska First Lady JAMES C. OLSON municipal tree-care responsibilities seriously. J. Sterling Morion Biographer PEARLIE S. REED Chia! An effective community forestry program is an USDA·Nalural Resources Conservation Service ongoing process of growth and renewal--a program of ERNEST C. SHEA planting and care that continues through the years. As a Chief Executive Olficer Nall. Assn. of Conservation Ois!rlcls Tree City USA, you have a solid foundation for that R. E. "TED" TURNER process of improvement. Chairman Turner Broadcaslino System LAURENCE D. WISEMAN Tree City USA is sponsored in cooperation with the President American Forest Foundation National Association of State Foresters and the USDA BOARD OF TRUSTEES Forest Service. State foresters are responsible for the TONY DORRELL presentation of the Tree City USA flag and other . Cheir materials. We will forward your awards to Cara Boucher in PRESTON COLE Vice Chair your state forester's office, They will be coordinating RICHARD H. BEAHRS the presentation with you. It would be especially HELEN BOOSALIS MRS. LEE (CAROLYN) CRAYTON JR. appropriate to make the Tree City USA award a part of your LETICIA ROCHE C. FORTUNY Arbor Day ceremony. OR. GARY HERGENRADER PAUL JOHNSON BILL l(AUIDEN!EA Again, congratulations on receiving this national DR. JAMES O'HANLON recognition for your tree-care program. STAFF JOHN ROSENOW Pres/den/ SUSAN Mc!NTOSH KRIZ Executive Vice President cc: Larry Decou Date: April 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 Special Commission Meeting that was held on Tuesday, April 4, 2000; the City Commission Worksession that was held on Monday, April 10, 2000; and the Regular Commission Meeting that was held on Tuesday, April 11, 2000. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY \COMMISSION MEETING APRIL 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, April 25, 2000. Mayor Nielsen opened the meeting and gave the opening prayer after which members of the City Commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John Aslakson, Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Lawrence Spataro Absent: None 2000-044 HONORS AND AWARDS: a. Tree City USA Presentation. CITY MANAGER SUMMARY OF REQUEST: Recognition of the City of Muskegon as a "Tree City USA". The City will be presented with a plaque and flag commemorating the designation. The downtown "Warm Lights, Cold Nights" Committee will also kickoff a Downtown Muskegon Tree Project. The Committee, in conjunction with the Muskegon Area Chamber of Commerce and the Westwood Group, will raise money to purchase trees for the downtown business district. FINANCIAL IMPACT: Cost of staff and equipment to plant trees downtown. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None Larry DeCou, Forestry/Cemetery Department presented the plaque and flag to Mayor Nielsen. 2000-045 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 Special Commission Meeting that was held on Tuesday, April 4, 2000; the City Commission Worksession that was held on Monday, April 10, 2000; and the Regular Commission Meeting that was held on Tuesday, April 11, 2000. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. b. Vacation of the West Half only of Park Place. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for vacation of the west half only (west of the w. property line of lot 21 ), of Park Place, off of Edgewater Street. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the west half only of Park Place, with the condition that all City easement rights be retained. The Planning commission recommended vacation of the west half only of Park Place with the condition that all City easement rights be retained. d. Transmittal of 1999 Comprehensive Annual Financial Report. FINANCE SUMMARY OF REQUEST: The City's 1999 Comprehensive Annual Financial Report (CAFR) has previously been distributed to City Commissioners. At this time, the CAFR is being formally transmitted to the Commission in accordance with state law. Should the Commission wish to do so, staff and the independent auditors are prepared to conduct a special work session to focus on the CAFR as well as City finances in general. FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities for 1999 and includes the independent auditor's unqualified opinion on the City's financial statements. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Acceptance of the 1999 CAFR. APRIL 25, 2000 2 e. Consent to Demolish the Structures at 1974 Park. NEIGHBORHOOD AND CONSTRUCTION SERVICES SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 197 4 Park is unsafe, substandard and a public nuisance and that it be demolished within thirty (30) days. It is further requested that the administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of der101ition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: A dangerous building inspection was conducted on 9/30/99; the owner of the property is Derrick Brown. A notice and order was mailed and posted on 10/6/99. The Findings of Facts was mailed and posted on 1/11/00. The owner attended the Board meeting on 1/6/00. There has been no contact with the owner since then. Attached are copies of the dangerous building inspection, notice and order, the boards findings and order and the minutes from the Boards meeting on l /6/00. The estimated cost for repair is $18,000.00. f. Sale of Two Vacant Lots on Wesley and Ducey Streets (In-Fill). PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of the lots described as map number 24-31-21-279-017 {Wesley) to James Spann for the construction of a 1,400 square foot, 3 bedroom home, with two-stall garage and map numbers 24-31-21-251-028 &029 {Ducey) to Zina Knight for construction of the same style house. The lot size for the Wesley site is 83 feet x 140 feet and the lot size for the Ducey site is 112.70 feet x 132 feet. Approval of this sale is consistent with the Commission's consent to implement the Infill Program in Marquette Neighborhood. Each sale will generate $3,500 for a total of $7,000. FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new homes and relieve the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authorization for both the Mayor and the Clerk to sign the resolution and deed. Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the Consent agenda with the exception of items (c) and (g). ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler Nays: None ADOPTED APRIL 25, 2000 3 2000-046 ITEMS REMOVED FROM CONSENT c. Agreement for Placement of Bus Benches. FINANCE SUMMARY OF REQUEST: A recent review disclosed that the City's encroachment agreement with PERMA Advertising for placement of "bus benches" throughout the City had expired in 1998. The original agreement called for complete removal of the benches when the agreement expired. Current staff, however, believes that the benches provide a useful public service in addition to generating minor revenue for the City's General Fund. Acr::ordingly, a new agreement was negotiaterl and is presented here for your consideration. The new agreement calls for continuation of the $5.00 per month fee for each bench and, additionally, provides for PERMA to provide three benches for the City's own public advertising use. FINANCIAL IMPACT: The encroachment agreement generates revenue to the City of $2,300 per year. Additionally, the agreement provides for three advertising benches be made available to the City for its use. The value of this service is $1,095 . per year. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the proposed "Agreement for Encroachment and Placement of Public Benches." Motion by Vice Mayor Sieradzki, second by Commissioner Benedict to approve the agreement that calls for continuation of the $5.00 per month fee for each bench and for PERMA to provide three benches for the City's own public advertising use. ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd Nays: None ADOPTED g. Sale of Vacant Land on Leonard Street for New Construction. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of the lot described as map number 24-31-21-203-015 (Wesley) to Bantam Group for the construction of a single-family home with 1,500 square feet of living space. The lot is 165 feet x 132 feet. The appraised value of the land is $6,500 and Bantam submitted the only bid of $6,515. FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new home and relieve the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of ttie sale, as well as, authorization for both the Mayor and the Clerk to sign the resolution and deed. The Land Reutilization Committee recommended approval of this sale at their March 21 meeting. APRIL 25, 2000 4 Motion by Commissioner Shepherd, second by Commissioner Aslakson to approve the sale of the lot to Bantam Group for the construction of a single-family home with 1,500 square feet of living space. ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None ADOPTED 2000-047 PUBLIC HEARINGS: a. Soil Removal, Stripping and Dumping Permit Application Muskegon Catholic Central Soccer Field Expansion. ENGINEERING SUMMARY OF REQUEST: Randers, Architects and Engineers are under contract with Muskegon Catholic Central High School to expand the soccer field west of the stadium at Muskegon Catholic Central. Randers has applied for a Soil Removal, Stripping, and Dumping Permit. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Recommend approval of the soil Removal, Stripping and Disposal Permit to Randers, Architects and Engineers, Inc. The Public Hearing opened at 6:00 PM to hear and consider any comments the public may have. Mohammed AI-Shatel gave an overview of the item. Bruce Bordon of Randers, Architects and Engineers, Inc. was in favor of the project. Motion by Commissioner Spataro, second by Commissioner Aslakson to close the Public Hearing at 6:07 PM and to approve the Soil Removal, Stripping and Dumping Permit. ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro Nays: None ADOPTED 2000-048 UNFINISHED BUSINESS: g. Sale of City-owned Property Adjacent to 2396 Greenwood. CITY MANAGER SUMMARY OF REQUEST: To approve the sale of a city-owned lot adjacent to 2396 Greenwood to John and Cathy Trombley. FINANCIAL IMPACT: The City will receive the proceeds of the sale of this property in the amount of $2,500. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the sale of the property to the Trombleys. APRIL 25, 2000 5 Motion by Vice Mayor Sieradzki, second by Commissioner Spataro to approve the sale of a city owned lot adjacent to 2396 Greenwood to John and Cathy Trombley. ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None ADOPTED 2000-049 NEW BUSINESS: a. Zoning Ordinance Amendment of "Greenbelts and Walls" section. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Article XXIII (General Provisions) of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping". Also, to amend Section 2331 "Greenbelts and Walls". FINANCIAL IMP ACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to repeal, and reserve the proposed sections and to amend the language in the section described above. The Planning Commission recommended approval of the request at their 4/12/00 meeting. Motion by Commissioner Spataro, second by Commissioner Shepherd to amend Article XXIII of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping and to amend Section 2331 "Greenbelts and Walls". ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler Nays: None ADOPTED b. Family Investment Center Tax Returns. CITY MANAGER SUMMARY OF REQUEST: To authorize the payment of CPA expenses to BDO Seidman for the preparation of tax returns for the Family Investment Center Corporation and Partnership. The returns must be prepared and filed for the Housing Commission separation to proceed. Proposals from two CPA firms were solicited and are available for review and consideration. FINANCIAL IMPACT: Approximately $6,000. BUDGET ACTION REQUIRED: to authorize this payment out of the Contingency budget of the General Fund. APRIL 25, 2000 6 STAFF RECOMMENDATION: to approve the request contingent upon the repayment of this expense by the Housing Commission at the separation closing. The trustees of the Corporation have selected BOO Seidman to prepare the tax forms. Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the payment of CPA expenses to BDO Seidman for the preparation of tax returns for the Family Investment Center Corporation and Partnership. Motion by Commissioner Benedict, second by Commissioner Shepherd to allow Mr. Arthur to address the Commission for an unlimited time. ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: Spataro ADOPTED Motion by Commissioner Benedict, second by Commissioner Shepherd to table this item until the next regular meeting. ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Shepherd, Sieradzki Nays: Schweifler, Spataro TABLED c. Vacation of Marsh Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for vacation of Marsh Street, between Walton and Myrtle Streets. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of Marsh St., with the condition that all City easement rights be retained. The Planning Commission recommended denial of the vacation of Marsh St. at their meeting on 4/12/00. Motion by Commissioner Schweifler, second by Commissioner Aslakson to deny the request for vacation of Marsh Street, between Walton and Myrtle Streets. Motion by Commissioner Spataro, second by Commissioner Benedict to table this item until the next regular meeting. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict Nays: None TABLED d. First Quarter 2000 Budget Reforecast. FINANCE SUMMARY OF REQUEST: At this time, staff is transmitting the First Quarter 2000 Budget Reforecast which outlines several proposed changes to the original budget APRIL 25, 2000 7 that have come about as result of changes in policy priorities, labor contracts, updated information, or other factors. For the next meeting, an action item will be placed on the agenda for adoption of the proposed first quarter budget reforecast together with any additional changes deemed necessary by Commissioners. FINANCIAL IMPACT: The first quarter 2000 Budget Reforecast reflects the following changes for the General Fund budget: • Revenues are $127,887 higher than originally budgeted due primarily to additional revenues to be received from the CATV audit, recalculation of the City's indirect cost charges to other funds, and additional CDBG reimbursements to be received for costs associated with mowing City lots. • Expenditures are $111,783 less than originally budgeted due to budget adjustments reviewed previously with the City Commission including reductions in General fund capital outlays and a reduction in the General fund transfer to the street funds. • Overall the projected year-end 2000-fund balance is $88,366 short of the targeted balance of 10% of prior year expenditures. BUDGET ACTION REQUIRED: Self-explanatory STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. NO ACTION WAS TAKEN ON THIS ITEM e. Concurrence with the Housing Board of Appeals Findings of fact and order for the following: 1) 84-86 Monroe 2) 151 Southern 3) 1589 Park 4) 573 Orchard 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 the administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: (84-86 Monroe) The cost of the demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: (84-86 Monroe) None STAFF RECOMMENDATION: (84-86 Monroe) A dangerous building inspection was conducted on 6/10/99. A Notice and Order was mailed and posted 6/11/99. The owner of the structure is Joseph Briggs. A building permit was issued 8/4/99. Numerous complaints and concerns from the neighbors have been made. An APRIL 25, 2000 8 inspection of the property on 3/15/00 revealed that repairs were not complete and that several significant violations still exist. As a result, the Commission is being asked to concur with the findings of the Housing Board of Appeals and order the demolition of the structure. Property taxes for 1999 are delinquent. Attached are copies of the boards finding of fact and order dated 3/2/00; letter of complaint from neighbors dated 3/1/00, 2/99, 5/99, 10/99, 11/99, and the minutes of the 3/2/00 meeting of the Board. Estimated cost for repairs is $17,500.00. FINANCIAL IMPACT: ( 151 Southern) The cost of the demolition will be paid for with budgeted CDBG funds. BUDGET ACTION REQUIRED: (151 Southern) None STAFF RECOMMENDATION: (151 Southern) A dangerous building inspection was conducted on 10/8/99. The owner is Ed Houghtaling. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore the case was referred to the Housing Board of Appeals on 1/6/00. Mr. Houghtaling appeared at the meeting and asked what he had to do. He was concerned with the foundation. The Board declared the structure to be unsafe, substandard and a public nuisance and forwarded to the City Commission for concurrence. There has been no contact with Mr. Houghtaling since the 1/6/00 Board meeting and there has been no improvements made to the structure. Attached are copies of the dangerous building inspection dated 10/8/00, housing inspection report conducted on 2/7 /00, Boards findings of fact and order dated 1/22/00, and a copy of the minutes from the 1/6/00 Board meeting. The estimated cost for repair is $30,000.00. FINANCIAL IMPACT: ( 1589 Park) The cost of the demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: (1589 Park) None STAFF RECOMMENDATION: ( 1589 Park) The owner of the property is Neil Hansen. A dangerous building inspection was conducted on 10/1 /99. A Notice and Order to Repair or demolish the structures was mailed and posted on 10/6/99. The subject property went before the Board at it's 1/6/00 meeting where it was declared to be substandard, unsafe, and a public nuisance. Attached are copies of the Boards finding of facts & order dated 1/11 /00, the minutes of the 1/ 6/00 meeting and the dangerous building inspection report dated 10/1 /99. Estimated cost for repair is $25,000.00. FINANCIAL IMPACT: (573 Orchard) The cost of the demolition will be paid with budgeted CDBG funds. APRIL 25, 2000 9 BUDGET ACTION REQUIRED: (573 Orchard) None STAFF RECOMMENDATION: (573 Orchard) A dangerous building inspection was conducted in January of 1999 following a referral from the fire department. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore, the case was referred to the Housing Board of Appeals on 4/1/99. No one appeared at the meeting to contest the department's recommendation that the structure be demolished and there was no application for a building permit. This case was pulled from the City Commission Meeting Agenda from 5/25/99 because the owner (Chong Thomas) had obtained a Building permit on 5/21 /99. On June 8 a letter was sent to Ms. Thomas asking for payment on the permit because the checks he wrote to the treasurers office had bounced due to the account being closed . A request for an Electrical Permit was obtained on 9/8/99 and was denied due to a number of violations that were currently uncorrected at the property. The Building permit that was issued on 5/21 JOO was also revoked due to no inspection being scheduled. In December of 1999 a letter was sent to the owner informing him/her that the Housing Board of Appeals tabled this case until the February 4, 2000 meeting in order to allow time for an inspection. At the February 4 meeting of the Housing Board of Appeals, the property was declared substandard and a public nuisance. Attached are copies of the minutes of the 4/1 /99 meeting of the Housing Board of Appeals, the finding of facts and order of the Board dated 4/5/99 and the findings from the 1/22/99 inspection of the property, letter regarding bounced check dated 6/8/99, Letter regarding denial of request for electrical permit dated 9/8/99, letter regarding case being tabled until HBA's 2/4/00 meeting, 1/25/00 Notice of Hearing for 2/4/00, finding of facts and order of the Board dated 2/7 /00 and finally a copy of the minutes of the 2/3/00 meeting of the Housing Board of Appeals. The estimated cost for repairs is $7,500.00. Motion by Commissioner Benedict, second by Commissioner Shepherd to concur with the Housing Board of Appeals on all addresses. ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen Nays: None ADOPTED f. Vegetation Ordinance Amendment. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Adopt amendments to section II of the Noxious Weed and Vegetation Ordinance changing notice requirements and lowering the height limit for noxious vegetation. The primary objective is more timely maintenance of property and to prevent excessive monitoring of properties. FINANCIAL IMPACT: Savings in staff in mailing obligations. APRIL 25, 2000 10 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adopt amendments to the vegetation ordinance and adopt the grass mowing notification policy. Motion by Commissioner Spataro, second by Commissioner Shepherd to adopt the ordinance and resolution. Amendment to the motion by Commissioner Spataro, second by Commissioner Shepherd to add to the resolution that the Inspection Department will work with the Assessors Office to get the correct property owners and addresses and that notices will be given in the year 2000 the first time a property is cited stating it is the property owners one and only notice. ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd Nays: Benedict, Sieradzki AMENDMENT ADOPTED ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler Nays: Shepherd, Sieradzki, Benedict, Nielsen ORIGINAL MOTION WITH AMENDMENT FAILS PUBLIC PARTICIPATION: Helen Abbey, 760 Catherine, spoke regarding Housing. Terry Redmon, 968 Aurora, spoke regarding the vegetation ordinance. ( ADJOURNMENT: The Regular Commission meeting was adjourned at 8:49 PM. Respectfully submitted, ~O~r Gail A. Kundinger, CMC/AAE City Clerk APRIL 25, 2000 11 Commission Meeting Date: April 25, 2000 Date: April14,2000 To: Honorable Mayor and City Commis~rs From: Planning & Economic Developmen~ RE: Vacation of the west half only of Park Place SUMMARY OF REQUEST: Request for vacation of the west half only (west of thew. property line of lot 21 ), of Park Place, off of Edgewater St. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the west half only of Park Place, with the condition that all City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation of the west half only of Park Place with the condition that all City easement rights be retained. 4/14/2000 CITY OF MUSKEGON RESOLUTION #2000- 45 ( b) RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET _WHEREAS, a petition has been received to vacate the west half only of Park Place, located off of Edgewater St., City of Muskegon; and WHEREAS, the Planning Commission held a public hearing on April 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 April 25, 2000 City Commission meeting to consider the recommendation of the Planning Commission; NOW, 11-IEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue the west half only of Park Place (west of the w. property line oflot 21); BE IT FURTIIER RESOLVED that the City Commission does hereby declare the said portion of street vacated and discontinued provided, however, .that this action on the part of the City Commission shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declared that such rights shall remain in full force and effect. BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any strncture. No structure shall be placed in the easement which, in the sole judgment of the City, will interfere with the repair or maintenance of utilities in the easement, public or private. Adopted this 25th day of April, 2000. Ayes: Shepherd, Si eradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifl er Nays: None Absent: None Attest:_.:J,~~::::....::±...:~~~~~ ~ ~ - Gail A. Kundinger, Clerk 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 April 25, 2000. Gail Kundinger, CMC/ Clerk, City of Muskegon City of Muskegon Planning Conmission ~E Case #2000-15 s I! 1 r ' I I I e,fUG\\ION I'\I /=Subject Property(ies) WINDWARD DR = Notice Area -- "' ~~ r 500 0 500 1000 Feet Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING April 12, 2000 Hearing; Case 2000-15: Reqnest for vacation of the west half only of Park Place ( off of Edgewater St.), by Thomas & Susan Blake. BACKGROUND Park Place is a dead-end street which is located off of Edgewater St., and is only 11 feet wide. There are two houses which front on Park Pl., and a third which takes access off of Edgewater. The applicants own both of the houses on Park Pl., one of which they live in and the other they plan to tear down and rebuild. They originally requested to vacate all of Park Place, but were told by the Fire Marshal that fire access must be retained. Therefore, after discussion with the Fire Marshal, they have amended the request to vacate only the west half of the street (west of the w. prope1iy line of lot 21), and have agreed to pave the vacated portion to provide fire access. The only other property affected by the vacation fronts on Arlington St., not Park Place, and the owners have agreed to deed their portion of the vacated Park Place to the applicants. The Engineering Department has no problems with the vacation, as long as an easement is maintained for Sanitary Sewer located in the right-of-way. Such easements are always retained by the City whenever a street or alley is vacated. RECOMMENDATION Staff recommends approval of the request with the conditions below. I. That all City easements be retained. City of Muskegon Planning Commission - 4/12/00 Date: April 25, 2000 To: Honorable Mayor and City Commissioners From: Finance Director RE: Transmittal of 1999 Comprehensive Annual Financial Report SUMMARY OF REQUEST: The City's 1999 Comprehensive Annual Financial Report (CAFR) has previously been distributed to City Commissioners. At this time the CAFR is being formally transmitted to the Commission in accordance with state law. Should the Commission wish to do so, staff and the independent auditors are prepared to conduct a special work session to focus on the CAFR as well as City finances in general. FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities for 1999 and includes the independent auditor's unqualified opinion on the City's financial statements. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Acceptance of the 1999 CAFR. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. 9/18/97 Date: April 13, 2000 To: Honorable Mayor and City Commissioners From: Neighborhood and Construction Services Department RE: Consent to demolish the structures at the property of 1974 Park SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1974 Park 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 demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of the Demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: A dangerous building inspection was conducted on 9/30/99; the owner of the property is Derrick Brown. A notice and order was mailed and posted on 10/6/99. The Finding of facts was mailed and posted on 1/11/00. The owner attended the Board meeting on Jan 6, 2000 There has been no contact with the owner since then. Attached are copies of the dangerous building inspection, notice and order, the boards findings and order and the minutes from the Boards meeting on 1/6/00. The estimated cost for repair is $18,000.00. COMMITTEE RECOMMENDATION: The Committee of the Whole will consider this item at its meeting on February 7, 2000. Inspection of 1974 Park St. 9-30-99 1. Front egress door glass broken and missing. 2. Front egress has improper landing. 3. Front egress stair has wrong rise and run 4. Front egress stairs handrail missing. 5. Front egress has rotted wood. 6. Front porch has broken windows. 7. Front shed.roof has rotted eave. 8. Front dormer has improper flashing to roof. 9. North side of house has trees growing into foundation. 10. North side of house has broken or missing windows. 11. Rear entry has missing or broken siding. 12. Rear entry has leaking roof. 13. Rear entry full of debris. 14. Rear entry has broken windows. 15. Rear entry has broken doors. 16. Rear entry has roof caving in. 17. Rear entry landing improper size. 18. Rear entry steps are wrong rise and run. 19. Rear entry has improper handrail. 20. South side has missing basement window. 21. South side has missing or broken windows. 22. Entire roof needs to be replaced. 23. Egress lighting is broken or missing. Note: Needs interior inspection if house is to be repaired. :/ Jerry McIntyre, Building Official .. Affi1·mAtive Action 6l6n24-670J FAX/722-1214 Assessor 6t6n2.f..6708 FAXn24-4178 Cemetery 6l6n24-678J FAxn26-5617 Civil Service 616n24-67l6 FAxn24-6790 West Michigan's Shoreline City Clerk 616/724-6705 FAxn24-4178 October 6, 1999 Comm. & Neigh. Services Derrick Brown 616/724-6717 FAX1726-2501 1974 Park Muskegon, MI 4·9444 Engineering 616m4-6101 FAX/727-6904 Dear Property Owner: Finance 616/724-6713 Subject: 1974 Park FAX/724-6768 ERWIN & KEATINGS ADDITION LOT 5 & N 5 FT LOT 6 Fire Dept. 616/724-6792 BLK 1 FAX1724-6985 The City of Muskegon Building Official has recently inspected the subject Income Tax 616/724-6770 property and has found the building to be dangerous as defined under Section 4-23 FAX/72.f..6768 of the Muskegon City Code. Info. Systems 6t6n24-6975 As a result of this finding, you are hereby ordered to REP AIR the structure or FAX1724-6768 DEMOLISH it within thirty (30) days. Leisure Service If you elect to repair the structure, you must secure all required permits and 616/724-6704 FAX/724-6790 physically commence the work within thirty (30) days from the date of this order. l\,lanager's Office Should you have any questions concerning this matter, please do not hesitate to 616/724-6724 FAX/722-1214 contact our Building Official, Jerry McIntyre at 724-6715. Mayor's Office 616/724-6701 FAX/722-1214 Sincerely yours, ~.il&_~ Neigh. & Const. Services 6 I 6/724-6715 FAX/726-2501 Planning/Zoning 616/724-6702 FAX/724-6790 Fire Marshal/Inspection Services Police Dept. 616/724-6750 rAxn22-514o nlc Public Works 616/724-4100 FAX1722-4188 Treasurer 6l6n24-6720 FAxn24-6768 Water Dept. 616/724-6718 .. FAX1724-6768 Water Filtration 616/724-4106 FAX1755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Affirmative Action ~16/724~~ ~·-~•· 14 -\ssessor 6 I 6/724-6708 FAX/724--4178 ( 'emetery 616/724---6783 FAX/726--5617 Civil Service 616/724-6716 FAX/724-6790 West Michigan's Shoreline City Clerk 616/724-6705 MUSKEGON HOUSING BOARD OF APPEALS FAxn24--4178 Comm. & Neigh. DATE: January 11, 2000 Services 616/724-6717 FAX/726--2501 CASE: #007 - 1974 Park Engineering 6l6/724-6707 Derrick Brown FAX/727-6904 1974 Park flnance Muskegon, Mi. 49444 616/724--6713 FAX/724--6768 Fire Dept. FINDING OF FACTS AND ORDER 616/724-6792 FAX/724--6985 The following action was taken at a session of the Muskegon Housing Board of Appeals Income Tax 616/724-6770 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the January 6, 2000. FAX/724-6768 Info. Systems The Neighborhood and Construction Services Department of the City of Muskegon, having 616/724-6975 inspected the building structure located upon the property described as Erwin & Keatings F.-\X/724--6768 Addition Lot 5 & N 5 Ft, Lot 6 also known as 1974 Park found the conditions listed on Leisure Service the attached pages exist and that these conditions are hazardous as defined in Section 4-23 of 616/724-6704 FAX/724-6790 the Code of Ordinances. \hmager's Office 6] 6/724-6724 The Board further found that these conditions exist to the extent of endangering life, safety FAX/722-1214 and the general welfare of the public. t\layor's Office 616/724-67(\J F.-\X/722--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. :-.dgh. & Const. Servicl's 616/724--6715 It is, therefore, ordered that the owners or other interested parties take such action to repair F:\X/726-2501 or remove said structure, or appeal this order within 20 days of the receipt of this order. Plarming/Zoning 616/724-6702 F-\X/7H-679U It is further ordered that if the owners or other interested parties fail to repair or remove said Police Dept. structure, or appeal this order within 20 days of the receipt of this order, the Building 616/724-6750 Official shall take bids and remove said structure. F,-\X/722-5140 Public Works 616/724-4100 FAX/722-4188 Treasurer 616/724-6720 FAX/724-6768 \\ ater Dept. 616/724--6718 FAX/724-6768 Water Filtration 6\6/724-4106 F.-\X/755--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 r . . . 6/Jlln . NAYS: EXCUSED: Clint Todd Fred ielsen Willi Anderson Randy JohnW #00-06 - 1589 ARK- NEILS HANSEN, A neighbor atten d the meeting. Shes a that the owner has passed away. Neighbors would like to see it emolished. It ha een in bad condition for 10 years. She said that d it has bee '!led to a brother. Bob Gr~binski said that it meets • ff recommendation is to declare the building to be sance and forward to the City Commission for pported by Randy Mackie, made a motion to declare the building to be substandar safe, a public nuisance and forward to the City Commission for concurt ce. ed Nielsen asked if we could legally ask for demolition in the case of death of e owner. ob Grabinski said that we do a title search to find the ! legal owner and not' them. A ro ( t' YES: NAYS: ABSENT: i-" /. son Fred Ni sen Willi The motion carried. #00-07 -1974 PARK-DERRICK BROWN, 1974 PARK, MUSKEGON, MI. Derrick Brown attended the meeting. He said that he hasn't been living there because he was incarcerated. When he got out, he started working on it. He said the part of the house missing siding is where we demolished the garage that was attached to the house. He wants to bring it up to code. He said that he had applied for a low-income loan, but had to pay back taxes. When he got the taxes paid, there were no funds available for rehabilitation. Greg Borgman, supported by Robert Johnson, made a motion to declare the building substandard, unsafe, a public nuisance and forward to City Commission for concurrence. It was explained to Mr. Brown that if he continued to get his permits and make repairs we would not send it on to the City Commission. Mr. Brown needs to work 5 out a schedule with the Inspection Services Department and complete the work. If there is an item on the report that he wants to appeal, he needs to fill out an appeal form. A roll call vote was taken: YES: NAYS: EXCUSED: ABSENT: Greg Borgman Clint Todd Robert Johnson Fred Nielsen William Anderson Randy Mackie John Warner The motion carried. -08 - 1121 PECK - WATERLAND DEVELOPMENT, 1050 W. WESTERN .. el attended meeting. Bob Grabinski said that the oblems are not bad but it needs to repaired. The house has historical signific e. We want to see 1121 Peck and 1129 P repaired. Staff recommendation is t ssue Civil Infraction tickets seeking injunctive reh This puts the houses in front o Judge who sets specific time frames for the repairs to e made. Robert Johnson as a why staff would recommend this. Bob Grabinski said that e have had significant nversation with promises but no action. He said that he would lik o keep the actio eparate on the two properties. It was asked if the judge would be ope o suggestio rom the Board. Bob Grabinski said that we could forward suggestions to the · dge. Ed Brandel said that the property has been deeded back to the Robert C ortgage Company in Grand Rapids and that it has been listed for sale. It was exp ed that we probably should have a response by the March meeting. Fred Nielse sk if anything had to go through H.D.C. Bob Grabinski explained that exterior ite pertaim to appearance have to go before them. Robert Johnson, supported by R i:ly Mackie, de a motion to accept staff recommendation to issue Civil Infraction ti ets on 1121 Pee treet seeking injunctive relief. A roll call vote was taken: YES: NAYS: ABSENT: Greg Borgma Robert Johns Fred Nielse William Randy John otion carried. 6 Commission Meeting Date: April 25, 2000 Date: April19,2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of Vacant Land on Wesley Street and Ducey Street in Marquette SUMMARY OF REQUEST: To approve the sale of the lots described as map number 24-31-21-279-017 (Wesley) to James Spann for the construction of a 1,400 square foot, 3 bedroom home, with two- stall garage and map numbers 24-31-21-251-028 & 029 (Ducey) to Zina Knight for construction of the same style house. The lot size for the Wesley site is 83 feet X 140 feet and the lot size for the Ducey site is 112. 70 feet X 132 feet. Approval of this sale is consistent with the Commission's consent to implement the Infill Program in Marquette neighborhood. Each sale will generate $3,500 for a total of $7,000. FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new homes and relieve the City of continued maintenace costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authorization for both the Mayor and the Clerk to sign the attached resolution and deed. COMMITTEE RECOMMENDATION: The Commission approved the implementation of the Infill program (construction of the two homes are a part of the plan) at their January 11 meeting. 4/19/2000 1 Resolution No. 2000-45 ( f) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF TWO BUILDABLE LOTS (AS PART OF THE CITY'S INFILL PROGRAM) ON WESLEY STREET AND DUCEY STREET MARQUETTE FOR $3,500 EACH. WHEREAS, the sale of both lots are consistent with the City's Infill Program and construction of the homes will generate a total of $7,000; WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and would relieve the City of further maintenance costs; WHEREAS, sale of the land and subsequent construction of the home would be in accordance with existing City policies and those of HUD, concerning the disposition of former Urban Renewal lands and use of HOME funds; NOW THEREFORE BE IT RESOLVED, map# 24-31-21-279-017 (Wesley), be sold to James Spann and map numbers 24-31-21-251-028 & 029 (Ducey) be sold to Zina Knight. Adopt_e d this _f2_ day of April, 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 L by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 25, 2000. By: L· ~,_;_, Gail Kundinger, ~ lerk James Ave. James Ave. Albert Ave. .., .., 1/l 1/l C 0 a a ~ 00 J: 0 E 1/l u Wesley Ave. vi g ii (/) r' ~ vi ~ "' 111 I 111 I 1111 Marquette Ave. Marquette Ave. James Ave. QUITCLAIM DEED The Seller, City of Muskegon, a Michigan muni'cipf-1 corporation, whose address is, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536, quitclaims to the Purchaser, James Spann, whose address is 1063 Amity Street, Muskegon, MI 49442, the premises in city of Muskegon, Muskegon County, Michigan, described as: Urban Renewal Plat No 2 E ½ Lots 263 & 264 commonly known as Vacant Land on Wesley, for $3,500, subject to easements and building and use restrictions of record and a Purchaser, Sale and Loan Agreement executed contemporaneous with this deed. This deed is exempt from county and state real estate transfer tax pursuant to MCL 207 .505(h)(i) and MCL 207.526(h)(i), respectively. Dated: D;vuY o<rf; olOoO Signed in the presence of: Signed: City of Muskegon, a Michigan municipal corporation By:~ ~ c, Fred Nie~ ityayor By:__:~ ~ ~ ~ ~ ~ ~ ~,!____ Gail Kundinger, City Clerk H:\LIB\EDSI\00 I 00\ 16 I 5\DEED.QCD\031500 STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was aclmowledged before me this cflrf;I, day of ~v1 ' / , 2000, by Fred Nielsen, City Mayor and Gail Kundinger, City Clerk on beha f of the City of Muskegon, a Michigan municipal corporation. t ;,,ch S - ~ 77 l ' r Notary Public, /J;{;s,,tf'."'-e1,o Co., MI My commission expir~ 2 c:?S· o,;z Prepared by and When Recorded Return to: John C. Schrier Parmenter O'Toole 175 W. Apple Avenue P. 0. Box 786 Muskegon, MI 49443-0786 SEND FUTURE TAX BILLS TO: Purchaser Telephone: 231.722.1621 Tax parcel#: Recording fee: Transfer tax: H:ILIBIEDSI\0010011615\DEED.QCD\031500 Date: April 25, 2000 To: Honorable Mayor and City Commissioners From: Finance Director RE: Agreement for Placement of Bus Benches SUMMARY OF REQUEST: A recent review disclosed that the City's encroachment agreement with PERMA Advertising for placement of "bus benches" throughout the City had expired in 1998. The original agreement called for complete removal of the benches when the agreement expired. Current staff, however, believes that the benches provide a useful public service in addition to generating minor revenue for the City's General Fund. Accordingly, a new agreement was negotiated and is presented here for your consideration. The new agreement calls for continuation of the $5.00 per month fee for each bench and, additionally, provides for PERMA to provide three benches for the City's own public advertising use. Fl NANCIAL IMPACT: The encroachment agreement generates revenue to the City of $2,300 per year. Additionally, the agreement provides for the three advertising benches to be made available to the City for its use. The value of this service is $1,095 per year. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the attached proposed "Agreement for Encroachment and Placement of Public Benches." 9/18/97 PERMA Advertising Co., Inc. P.O. Box 640 Pierceton, IN 46562 (219) 594-5622 April 7, 2000 Mr. Tim Paul City of Muskegon 933 Terrace St. PO Box 536 Muskegon, Ml 49443-0536 Dear Mr. Paul, In reference to our recent discussion, I would like to propose the following to the City of Muskegon in lieu of a monthly rental increase for bus benches. PERMA Advertising Co., Inc. will supply 3 bus benches (artwork and production included) for use by the City of Muskegon for one-year intervals (1 O years total) at no charge. In other words artwork may be updated once per year at no cost to the city. These benches may be placed at available locations of your choice. If you wish to change the artwork at more frequent intervals, our normal charge is $125.00. For your information, and as we discussed, the normal monthly rate on these benches is $20.00. Tim, I feel this arrangement will be mutually beneficial to both parties, and I look forward to continuing our relationship with the city of Muskegon. Thank you. Sincerely, ~ { I:·. t ;~ \/ F c'J f:: c, ry or MUSf,:E~3oli~ Dennis G. Nivison PERMA Advertising Co., Inc. /.\PR D 2000 FiNI-H\ICE DEPT. DGN/jmp Enclosure 2000-46(c) AGREEMENT FOR ENCROACHMENT AND PLACEMENT OF PUBLIC BENCHES THIS AGREEMENT, is made between the City of Muskegon, 933 Terrace . · Street, Muskegon, Michigan ("City") and PERMA Advertising and Sales Company of P, c f'C c fo 1--L, ..C-lil, ("PERMA"). 1 1. PLACEMENT OF BENCHES AND ENCROACHMENTS IN THE CITY. -The City agrees that PERMA may place its comfort resting benches containing advertising material at the locations set forth in the attached Schedule A. The benches shall be placed on private property, except that they may encroach onto the public sidewalk or public way, said encroachment to be no greater that one foot from the boundary line between the public way or sidewalk and privately occupied property. The parties agree and recognize that all of the locations involve placement upon private property, and that this agreement and list do not apply to or allow the placement of said benches by PERMA on public parks or on public property, except to the extent of the encroachment. 2. CONSIDERATION FOR ALLOWANCE OF ENCROACHMENT AND AUTHORIZATION. The City's authorization and allowance of encroachment for the benches at the said locations shall be compensated by a payment to the City in advance of $5.00 per month or part thereof for each bench. Additionally, during the life of this agreement, PERMA will supply at no charge (artwork production included) three (3) benches for the exclusive public advertising use of the City. 3. CONDITIONS AND COMMITMENTS OF PERMA. 3.1 PERMA agrees that ii shall not place benches encroaching or located on public property or rights of way at any other location in the City except those authorized by this contract. 3.2 PERMA warrants and guarantees to the City that it has full permission and authority of all private property owners or occupiers to place its benches on the private properties set forth herein. 3.3 PERMA agrees that the advertising placed upon the benches shall be for the purpose of advertising commercial, industrial or public service activities, and no advertising shall involve or encourage the use of illegal or controlled substances or material in aid of the use of same, nor shall they display obscene or offensive materials. PERMA agrees that the City Commission shall have the right of final determination on whether any advertising shall be excluded or allowed on the said benches in the event of a dispute. 3.4 Benches shall be safely constructed, designed to support at least twice the maximum weight anticipated to be placed upon them. The benches shall not exceed the dimensions of 24 inches in height and 96 inches in length. 3.5 PERMA shall keep the benches in safe condition and repair. Any bench damaged shall be repaired or removed within 24 hours notice by PERMA. In the event of failure to remove a damaged bench the City may remove and dispose of the bench. 3.6 PERMA shall insure the benches with public liability insurance, written by companies authorized to do business in the State of Michigan, and shall cause the said insurance to name the City of Muskegon as an additional insured. The certificates or policies shall contain the provision that the City of Muskegon shall be given written notice at least 30 days before any cancellation or reduction of coverage for any reason. Minimum insurance liability limit shall be $2,000,000.00. 4. INDEMNITY. PERMA agrees to indemnify and hold harmless the City of Muskegon from any and all claims and demands for damages or expenses arising out of the placement or the condition of the benches in the City. Said obligation shall include the payment of all costs, expenses, attorney fees, costs of preparation, consultant, expert or laboratory fees, and any other expense in connection with any such claim, as well as the payment of all damages found to exist against the City, in whatever amount. 5. TERM. This agreement shall continue in effect for a period of ten (10) years from -its effective date. At the end of the term the said benches shall be removed by PERMA. If PERMA fails to remove same, the City may remove them and dispose of them in its discretion. 6. TERMINATION FOR CAUSE. In the event PERMA violates any condition or undertaking set forth in this agreement, the City may terminate or partially terminate this agreement, in regards to some or all of the benches placed in the City, upon 30 days notice of the violation given to PERMA at its address above. In the event the breach or violation is cured within the said 30 days to the City's satisfaction, the City will rescind its revocation or termination. 7. NON-WAIVER. In the event any breach or violation of this agreement occurs and the City takes no action, the said failure to take action shall have no effect on subsequent breaches or violations of this agreement and all remedies therefor are preserved. 8. NO THIRD PARTY BENEFICIARY. This Agreement shall benefit only the parties to this Agreement, and not any third party. 9. BENEFIT. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and personal representatives. 10. EFFECTIVE DATE. This agreement shall be effective on April 25 2000. WITNESSES: CITY OF MUSKEGON By&~ .2k,~ and By__:,.i,..,..o..J-.=';c_Q.a<.;.;_::.....;.-e;;:;;:;..:...:,,:.::=~ Gail A. Kundinger, Its Clerk PERMA ADVERTISING & SALES COMPANY Bus Benches Muskegon 2000 Location Near Advertiser Apple /Creston Payless Shoe Available NE Apple/Getty National Transmission Available NW Barclay/Sherman McD158 Clay/First Parking Lot Fry Krisp Clay/Second Fry Krisp Clay/Third Mall Fry Krisp NE Getty/Apple ETown Foods McD309 NW Henry/Broadway United Gas Available NW Henry/Cranbrook Hoagie Hut Fry Krisp NW Henry/Laketon Express Station Available Henry/Norton Penny's Lot Available Henry/Norton Penny's Lot Available NW Henry/Pulaski Honda Fry Krisp NW Henry/Sherman Lee's Chicken McD158 NW Henry/Sherman Pizza Hut Would like to rebuild NW HenryNoung Outlet McD 13013 SW Jefferson/Clay Parking Lot McD13013 SW Lakeshore/McCracken Vacant Lot McD158 SW Lakeshore/Manns available NE Laketon/Getty Nibble Trute Services NE Laketon/Madison Empty Lot Fry Krisp SW Laketon/Getty Frontier Mart Fry Krisp Laketon/Peck Video Store Fry Krisp SW Laketon/Wood Plumbs Available NW Lincoln/Sherman Exotic Tan available NE Marquette/Getty Fry Krisp Morris Post Service available Morris/Second Bessie's Alt Fry Krisp SW Ottawa/Eastern Vacant Fry Krisp SW Peck/Isabella available NW Peck/Laketon Eye Clinic available SE Peck/Terrace Fry Krisp NW Pine/Webster American Sales McD13013 SE Sanford/Apple Goodyear Tires McD309 NW Sanford/Laketon Vacant available Bus Benches Muskegon 2000 Location Near · Advertiser NW Sherman/Getty available NW Sherman/McCracken Music Store available Sherman/Utah Watkins Surgical Fry Krisp Shonat/N/O Apple Plumbs Apt Compl McD309 NW Terrace/Clay Muskegon Mall available E Terrace/Morris Vacant lot McD 13013 Webster/First Parking Lot available WebsterfThird Parking Lot would like to rebuild SE Wood/Laketon Daily Cleaners Fry Krisp NW 6 th/Laketon Vacant Fry Krisp Affirmative Action 616/724-6703 FAX/722-1214 Assessor ~ ..... 616/724-6708 FAX/724-4178 Cemetery 616/724-6783 FAX/726-5617 Civil Service 616/724-6716 FAX/724-4055 West Mlchlgan's Shoreline City Clerk 616/724-6705 FAX/724-4178 Comm. & Neigh, Services 616/724-6717 FAX/726-2501 May 2, 2000 Engineering 616/724-6707 FAX/727-6904 Finance Mt. Dennis G. Nivison 616/724-6713 FAX/724-6768 Penna Advertising Co., Inc. PO Box 640 Fire Dept. 616/724-6792 Pierceton, IN 46562 FAX/724-6985 Income Tax Dear Mr. Nivison: 616/724-6770 FAX/724-6768 Enclosed are three encroachment agreements that were adopted by the City Info. Systems 616/724-6706 Commission April 25, 2000. Please sign and return two of them; and keep one FAX/722-4301 for your records. Leisure Service 616/724-6704 If you have any questions, please call me at (231 )724-6705. FAX/724-1196 Manager's Office 616/724-6724 Thank you, FAX/722-1214 .d_··. /--L ./ ., (_ ' f ,,-~-, / - (_ '\,.. Mayor's Office ' , - 616/724-6701 FAX/722-1214 Linda Potter Neigh. & Const Deputy Clerk Services 616/724-6715 FAX/726-2501 Enc. 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 Billing Dept. 616/724-6718 FAX/724-6768 Water Filtration 616/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 Commission Meeting Date: April 25, 2000 Date: April19,2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of Vacant Land on Leonard Street in Marquette SUMMARY OF REQUEST: To approve the sale of the lot described as map number 24-31-21-203-015 (Wesley) to Bantam Group for the construction of a single-family home with 1,500 square feet of living space. The lot is 165 feet X 132 feet. The appraised value of the land is $6,500 and Bantam submitted the only bid of $6,515. FINANCIAL IMPACT: The sale of the property will allow the City to collect taxes on the new home and relieve the City of continued maintenace costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the sale, as well as, authorization for both the Mayor and the Clerk to sign the attached resolution and deed. COMMITTEE RECOMMENDATION: The LRC recommended approval of this sale at their March 21 meeting. 4/19/2000 Resolution No. 2000-46 ( g) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF URBAN RENEWAL LOTS. WHEREAS, Bantam Group has submitted a bid of $6,515 for Urban Renewal Plat No 4 lots 792,793 & 794, located on Leonard Street near the comer of Robert Street; WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and would relieve the City of further maintenance costs; WHEREAS, Bantam Group has agreed to the terms of sale which stipulate that the property be developed for a single-family residence within 18 months from the date of sale; WHEREAS, the sale would be in accordance with existing City policies and those of HUD, concerning the disposition of Urban Renewal lands; NOW THEREFORE BE IT RESOLVED, that for Urban Renewal Plat No 4 lots 792,793 & 794. (Map# 24-31-21-203-015) Adopted this --12__ day of April, 2000 Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradz ki Nays: None Absent None CERTIFICATION I hearby ce1tify that the foregoing constitutes a trne 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 April 25, 2000. iii E c f---- Adams Ave. Bantam Group iii ~---j -1! f----+--+--+--+--+--,-J []] " .Q & Marquette.Ave. QUIT-CLAIM DEED ,Qooo- V 6r;) 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 Bantam Group, Inc. of 1290 Wood Street, Muskegon, MI 49442 The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: Urban Renewal Plat No. 4 Lots 792,793, & 794 for the sum of Four Thousand ($6,515.00) Dollars. PROVIDED, HOWEVER, Grantee, or her assigns, shall commence construction of a home on the premises herein conveyed within eighteen (18) months after date hereof. In default of such construction, title to the premises herein conveyed shall revert tot the City of Muskegon free and clear of any claim of Grantee or her assigns; and, in addition thereto, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or her assigns. "Commence construction" means 1) the issuance of a residential building permit by the City of Muskegon; and 2) in the sole opinion of the City of Muskegon's Director of Inspections, twenty-five (25%) percent completion of the dwelling described in the said building permit. In the event ofreversion of title of the above described premise, improvements made thereon shall become the property of the Grantor. 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 _.&iA._ day of May 2000 Signed in the presence of: t:1/'Jc(c,i /otr f r U7~-a 7 <£ &JCL'uc~~ . - rJ~79r'p {5Prd,/')/::.~ STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was aclmowledged before me this ,,.f.?//,day of May 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 ~JJJ!a ,J,,j£~.s Notary Public, Muskegon County, Michigan P.O. Box 786 My commission expires: ? -.) ..\ - 0 d Muskegon,MI49443-0786 Telephone: (231) 722-1621 When Recorded Return to: Grantee Send Subsequent Tax Bills to: Grantee REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made April 25. 2000 by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon, Michigan 49440 ("Seller"), and Bantam Group. of 1290 Wood Street. Muskegon. Ml 49442. 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, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: Urban Renewal Plat No. 4 Lots 792, 793, & 794 Subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Six thousand five hundred fifteen Dollars ($6,515). payable in cash or certified funds, 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 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, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be paid by Seller. 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to construct on the premises a single family home, up to all codes, within eighteen (18) months of the closing of this transaction. The home shall be substantially completed by that lime and, in the event said substantial completion has not occurred, in the sole judgement of the City, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the closing. The covenants in this paragraph shall survive the closing and run with the land. 6. 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 to Buyer that to the best of Seller's knowledge, the Premises have been used and operated in compliance with 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. This representation is made subject to any environmental studies or evidence which may be available, including, without limitation, filings with the City, any other governmental unit, or the State of Michigan or the United States, or evidence in the control of any person or party having knowledge of or interest (at any time) in the premises. Seller does not warrant that such laws or regulations have not been violated, or that releases have not occurred. 8. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS." BUYER HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND UNDERSTANDS THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. 2 9. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. party. 10. Closing. The Closing date of this sale shall be on or before May 15, 2000 - ("Closing"). The closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Road, Ste 102, Muskegon, Ml 49444. If necessary, the parties shall execute an IRS closing report at Closing. 11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of closing. 14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required by law. Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. 15. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine, or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be Binding upon the parties, their successors and assigns. 3 f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, convenants and agreements contained in this Agreement and in any instrument provided for herein, shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modifications of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer/ The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: SELLER: CITY OF MUSKEGON BUYER: BANTAM GROUP By: brla<~ It's: ft'i,S"lPM° F('"I rJ Soci~I Seem ity No. 1/\ -lli-.?;!iD Drafted by: Business Address: PARMENTER OTOOLE 175 W. Apple Ave, P.O. Box 786 BY: G. Thomas Johnson Muskegon, Michigan 49443-0786 4 Date: April 25, 2000 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing: Soil Removal, Stripping and Dumping (SRSD) Permit Application Muskegon Catholic Central - Soccer Field Expansion Randers, Architects and Engineers SUMMARY OF REQUEST: Randers, Architects and Engineers is under contract with Muskegon Catholic Central High School to construct expand the soccer field west of the stadium at Muskegon Catholic Central. Randers has applied for a Soil Removal, Stripping, and Dumping Permit. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Recommend approval of the Soil Removal, Stripping and Disposal Permit to Randers, Achitects and Engineers, Inc. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON, MICHIGAN Permit SESC/SRSD No. ------ CITY ENGINEER and/or DIRECTOR OF INSPECTIONS Date Issued _ _ _ _ _ _ _ _ __ Expiration Date _ _ _ _ _ _ _ __ Application and Permit SOIL EROSION AND SEDIMENTATION CONTROL and/or SOIL REMOVAL, STRIPPING AND DUMPING ORDINANCE Please Type or Print in Ink I. Name ofApplicant Randers Engineers and Constructors 2. Mailing Address of Applicant 570 Seminole Road, Muskegon, MI 49444 3. Telephone Number __(_2_3_1_)_7_3_3_-_o_o_3_6_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ In accordance with Ordinance No. 772 and Part 91 ofMichigan Act 451, Public Acts of 1994 and the Rules promulgated thereunder, the above named herewith makes application for a Soil Erosion Control and/or a Soil Removal, Stripping and Dumping Permit for the proposed earth change described below. 4. Typeandsizeofproposedearthchange: This project consists of clearing an existin, field on the owner's property, filling and grading to create a soccer field. The area of work is approximately 2.8 acres. 5. Legal description and address ofproperty: 1145 W, Laketon Ave., Muskegon, MI 49441 Legal description attached. 6. If earth change involves a proposed subdivision, give name N/A 7. Distance ofproposed earth change from nearest lake or stream 1/2 Mile 8. April 3, 2000 9. plan for proposed earth change to this application. I Signature o] Apphcant and date ~ ¾u: o?0 J~oo Ci~ziskegonlapprova and date THIS PERMIT DOES NOT OBVIATE THE NEED FOR Comm. Proc. Authorization OTHER STATE AND FEDERAL PERMITS. Per Chapter 17 (SRSD) -· CHAPTER 16½ - SOIL EROSION AND SEDIMENT CONTROL ORDINANCE REQUIREMENTS ( owner of Property: Muskegon Catholic Schools owner's Address:· 1145 W. Laketon Avenue Muskegon, MI 49441 owner's Tel. No.: (231) 755--1980 Developer's Name: Randers, Architects & Engineers Developer's Address: 570 Seminole Rd. Muskegon, MI 49444 Deve 1 ope r' s Te 1. No . : ~(=-2=-3::.1!...)_.:_7.::.3.::.3~-__:0:..:0:..:3::..:6::.___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Contractor's Name: Randers Engineers and Constructors Contractor's Address: 570 Seminole Rd. Muskegon·, MI 49444 Contractor's Tel. No.: (231) 733-8602 Person In Charge: Bruce Bourdon PE. In Charge - Tel. No.: _(1..,2c;,.,3,.,1L}L-7LJ.3..i.3.::-.l.l8cJ;6l.10u2;___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ .Reg. Land Survey Attached Nederveld Associates. Inc. Construction Schedule: Start Date April 3, 200~0~---------- Finish Date May 22, 2000 Cubic Yards of Earth Change 6235 c. fill Value: Soil Erosion, Temporary Meas. $1000.00 Value~ Soil Erosiof!, Permanent Meas~ $2000.00 Amount of Surety Bond Required $3,000.00 Surety Bond Start Date N/A Surety Bond Finish Date N/A A=y Corps Permit Number N/A DNR Permit Number N/A Randers Engineers and Constructors Engineering Procurement Construction March 21, 2000 City of Muskegon Engineering Department 933 Terrace Street PO Box 536 Muskegon, MI 49443-0536 ATTN: Mr. J. Blayne Kirsch, P.E., P.G. RE: Muskegon Catholic Central High School Soccer Field Dear Mr. Kirsch: We have received your letter of March 10, 2000 regarding permit applications for Soil Erosion and Sedimentation Control (SESC) and Soil Removal Stripping and Dumping (SRSD). We are addressing your concerns and comments as follows: CHAPTER 16: SESC PERMIT APPLICATION I. Project Schedule: A small project schedule is completed and enclosed. 2. Security Bond: A company check in the full value of the temporary and permanent soil erosion control measures is included. This check will be held by the city until completion of the project. 3. Installation of silt fence across flow area of the drain: Deficiency will be corrected by Jackson- Merkey, the site subcontractor on this project. 4. Location of silt fence: Jackson-Merkey will locate silt fence to an area above the outlet of the storm drain. Silt fence will be installed parallel to the slope and installed according to detail I on sheet SD-8. 5. Rip rap size and volume: Jackson-Merkey will install an adequate quantity of acceptable size rip rap at the outlet of the storm drain. The rip rap size will be such that the force of water exiting the storm drain will not dislodge it. 6. Sediment sump at discharge of storm pipe: The rip rap will be installed to a depth of three to four feet at the pipe outlet to act as a sump to collect potential sediment before water enters the existing ditch. 7. Mulch on slopes: Mulch will be spread over the sloped grade west of the soccer field at completion of rough grading. 8. Vegetative buffers: The existing wooded areas to the south and west of the soccer field location will be retained to act as a natural buffer. 9. Permanent soil erosion control measures at soccer field: The soccer field cover will be grass. The field will be served by an automatic irrigation system. 10. Plan sheet designation: Drawing SD-8 is titled to indicate it is for SESC and SRSD use. 11. Sedimentation prevention at catch basin: Temporary sediment trap will be provided at the catch basin per detail 2 on sheet SD-8. 12. Removal of deposited sediment: Deposited sediment at the outlet of the storm drain will be remove by manual method with the material returned to the soccer field level. 570 Seminole Road• Muskegon, Michigan 49444 • (231) 733-0036 • FAX (231) 733-8137 www.randers.com March 21, 2000 Mr. J. Blayne Kirsch Page 2 13. SESC permit fees: A check for Soil Erosion Control Permit fee ($75.00), Soil Erosion Control Permit application fee ($50.00), and four (4) Soil Erosion Control Inspections ($200.00) for a total of$325.00 is included in check number 02287. 14. Permit application submittal: Four (4) copies of drawing are included. CHAPTER 17: SRSD PERMIT APPLICATION 1. Grading operation: Site will be cleared of scrub and undergrowth. Fill material will be brought in to site, applied in lifts to approximate finished grade. Site will be rough graded with bulldozers and graders. 2. Fill material: Material used for fill will come from Jackson-Merkey's pit site at the west end of Sherman Boulevard. Material will be trucked east down Sherman Boulevard to Barclay Street, traveling north to the east entrance to the school, then across the schools property to the location of the soccer field. 3. Grading contractor: Jackson-Merkey Contractors, Inc. will perform the grading operations for the site. They have worked on numerous site projects within the City of Muskegon for many years. Contact person: Steve Jackson, Jackson-Merkey Contractors, Inc., 555 E. Western Avenue, Muskegon, MI 49442, phone number 728-9344. 4. SRSD fees: A check for Soil Removing, Stripping and Dumping Permit ($275.00) and four (4) Soil Removal, Stripping and Dumping Inspections ($200.00) for a total of $475.00 is included in check number 02287. This should answer your questions and concerns regarding the soccer field project. We are sending the information you require for the SESC and SRSD permits as part of this package. If you have any questions please feel free to call me at 733-0036. - Sincerely, ,,/ ;:;:ERS NGIN;; AND f'Rll~RUCTORS Bruce . Bourdon, P.E. Executive Vice President BMB:ej cc: Mr. Mohammed Al-Shatel, P.E., City of Muskegon, City Engineer Mr. Steve Jackson, Jackson-Merkey Contractors, Inc. Attachments: Drawing SD-8, SESC and SRSD Plan (4 copies) SESC and SRSD permit application Property legal description SESC and SRSD application fee check Construction and SESC Measure Installation Schedule Security bond check CONSTRUCTION AND SESC MEASURE INSTALLATION SCHEDULE (for "small" projects) Activity Beginning D a t e : ~ Ending Date:5/~foo \ flp ~o ¢; 'l"/lY '$"// s/4 # sr,.r -__y . . Wee); l, week z. Woo); _:i_ Week i Week 2 wee)c §. Week ~ .!!. Identify Earth Change L1m1 ts . . . . . . . . . . . . . , · - - - • · ... , .... , . . . . . . . . . . . . . ; . . . . . . . . . . . • . . . . • • . . . . • • • • • . . • z Protect Buffer Areas .............................. - - - - ...........................................•. • . , Insta!~ ~!;l~~~~~ ~Ii~~!~~~:~~.~~:~.~~'. ......... ·----·· ........................................... . b. Inlet Protection ................... , ..... · • - - - • ............................................. . c. -------------- ............................................................................... . strip and Protect Topsoil ........... , ................... - - - - - ................................•..... Rough Grade . ........................................... , .. , ..... •••••••• • • • • • • • • • • • • • • • • • • · · • · • • · • • • • · · Excavate and Construct Footings . ...................................................................... . Construct Superstructure . .................. , .......................................................... . Final Grade . ........................................................... - - - - - • · ..................... . Spread Topsoil, Seed & Mulch or Sod ......................................... · - - - - - - • · · · · .......•.. ·Install Permanent SESC Measures such as: a. ~ss, SVRFAC.E. •.••. • • . • • • • • • • · · · • • • • • • • • • • • • · • · · · · • • · · • · · · · · • · · • · · · • • • • · - - - • ...... • • .. • .. b •- - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • • . • . . • • • • • • • • • • Remove Tem~orary SECS Measures .................................................. · · · · · · · · · · - - - - • • • • • (after site is stabilized) (Connect Dots to Show Time Line) :,, " ~:, a. X \ :,, !Slllfi~,!~~tj}\~l--•!,'J•' !',• 1' ,.• ,, ·•1';...•~ •, ,-.... ,,. ·-1•;J! ,·~~ •,:l":.\.:--,-,..;.t IUl!iiBZBIIB! Furnished Legal Parcel 1: The West 1/4 of the Nodheost 1/4 of Section 36, Town 10 North, Range 17 West, E:xcept the South 1193. 75 feet thereof and E:<cept the West 33 feet of the South 66.89 feet; Also Except the following: Commence at the Northeast comer of the West 1/2 of the West 1/2 of the Northeast 1/4 of said Section 36; thence Southerly 3.3 feet along the East line of the West 1/2 of the West 1/2 of the Northeast 1/4 of said section for F'oint of Beginning; thence West along the South line of Laketon Avenue 171.38 feet; thence Southeast 12.56 feet; SCJid point being 9.37 feet South of the South line of Laketon Avenue and 96.•rn feet West of the West line of Barclay Street; thence South 8.01 feet parallel to the West line of Barclay Street; thence Southeasterly on the ore of Cl 339.88 foot radius curve to the left, on ore length of 192.12 feet (long chord distance of 189.58 feet); said point being 198.98 feet South of the South line of Laketon Avenue and 42.83 feet West of the West line of Barclay Street; thence Southeasterly on the ore of a 271.28 foot radius curve to the right, on ore length of 154.46 feet (long chcrd distance of 152.39 feet); said point being 345.42 feet South of the South line of Laketon Avenue and on the West line of Barclay Street; thence Easterly, a distance of 66 feet along a line parallel to the North line of said section; thence Northerly along the East line of the West 1/2 of the West 1/2 of the Northeast 1/'t of said section, a distance of 345.53 feet to Point of Beginning. Parcel 2: Part of the Northwest 1/4 of Section 36, Town 10 ~Jorth, Range 17 West: Commence at the Northeast corner of said Northwest 1/4; thence West on the North line 893.2 feet; thence left 90'08' 257.25 OF THE feet; thence right 40'32' 564.75 feel:; thence left 74·52• 389.5 feet; thence leit 05'38' 414.35 '2, NE 1/4 \J, R17W feet; thence S89'59'E 769.46 feet to the East line of said Northwest 1/4; thence Northerly to beginning; Except commence at the North 1/4 corner of said section; thence N90'00'00"W along the North line of said section, a distance of 97.68 feet to Point of Beginning; thence continue S00'20'40"E, a distance of 306.62 feet; thence N90'00'00"W parallel with the North line of said section, a distance o 838.79 feet; thence N40'22'22"E, a distance of 65.10 feet; thence N00'07'05"W, \ a distance of 257.02 feet; thence S90'00'00"E along the North line of said section, a distance of 795.31 feet to Point of Beginning. ., ,, ""' ,., 00/t!/c ·- . . cw.rrr-- """"""'a,,s~ ' --,., ,._ W"1r - = - r--------------------------- / 7 / ~ ______ ::-$ -------------------------------~~~~-----------:~-~l:'.'::'.:''.':~~-----------------·r;,~------------ --------------------1 [ // /---,..- ,'.== . . - j I ,, / ,, i / i' / / [ ' I j I .,, . I \ l" I I \ \ \ .,, ' I I I •,, I I I \ ) ·•1 I I I ; / I ., ! I / I --1--- 1 ,,,,, I \ \ ' ----------·-----~ --------------- ...., ""'°""""" - - .\ffinn.iti,L' .\dim1 2_11/72,1-(,703 F\.\/722-1214 .\~-.l'\-.111" 231/724-<,708 F.\\/72(1-51Xl ( .l'U\l'lt:r, 231/724-(,783 F.\\DY1-5(,17 ( "i, ii Sl'n irl' 231/724-67[(, F.\\.1724-44115 West Michigan's Shoreline City ( IL•rh 231/724-(,705 l·.\\,?24-417.S April 14, 2000 23 l/"124-<,' I 7 Property Owner SUBJECT F \.\:721,-25111 Muskegon Catholic Central SRSD Permit 2000-01 ~.ll\!llll'l'rill!! 1901 Barclay Street Permit Application 2Jl/724-f,71J7 Muskegon,MI49441 Muskegon Catholic Central F. \_\/7 2 7-(,'}114 Soccer Field Expansion Fiuann· 2311724-(,':'IJ I· \\. 17 24-1,7/,.S Dear Property Owner; Fin.• Bl'pL 2Jl/ 7 24-(,7')2 The City of Muskegon Engineering Department (Dept.) has received a City of Muskegon F \\/724-6').'{5 Ordinance, Chapter 17: Soil Removal, Stripping, and Dumping (SRSD) Permit lnronll' Ln Application for the above referenced Site. 2311724-(17711 F \\i724-(,7<,8 Info. s~~ll'IHS The City of Muskegon is required by City Ordinance Chapter 17 to notify owners of 2.H/724-1,744 property within 300 feet of the SRSD project. Based on the City of Muskegon tax F \_\/722-4301 records your property is identified within 300 feet to the project site (Property# 24-036- I .ei~un• ~l'l"\ in• 200-0001-00 or Map# 24-30-36-100-001). 2Jli724-l,?04 F.\\/724-11% .\l:Hla!!er", Offin• A public hearing for the SRSD Permit Application is scheduled at the City Commission !Jl.'724-1,724 meeting on Tuesday, April 25, 2000 at 5:30 P.M. I· \.\:'722-12!4 \];1~11r', ()fl1n• If you should have any questions please do not hesitate to contact Mr. Mohammed 2311724-(,701 F\\1722-!214 Al-Shatel, P.E. or myself at (231) 724-6707. 'l'l!!h, 8. ( 011,1. ~wnin·~ 2Jli72-H,'.'15 1' \\ '"2<,-2511 I l'la nnin!!,'/.unin!! 2Jl/72-t-<,71l2 F.\\.''2-t-h7'JO J. Blayne Kirsch, P.E., P.G. l'ulin· lh·pt. Assistant City Engineer 2J I, 72.t-(,.,51l I· \\·722-5140 l'uhhr \\ or!,, 2J 1172-t-4 I DO cc: Mr. Mohammed Al-Shatel, P.E., City Engineer, City of Muskegon, File SRSD 2000-01 F \\/712--tl.S,'1 I n·a,url'r 231172-t-(,720 F.\\1724-i,7<,/l \\ akr lli11in!! Dl'JJI. 2Jl/72-t-f,71,'I F.\\/724-<,7<,.S \\ ;ttl'r Filtration 2Jl/724-4106 F \\/755-51.'JU S:IENGINEERING\COMMON\2000 PROJECTS MASTER FILEINON PROJECTS\SESC-SRSD-MDEQ-ACOE\SRSD\SRSD 2000-0 I (Muskegon Catholic HS)\NOTICE OF HEARING.doc City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 .-\rfirmatin• .-\ction 231/72-l-6703. F.-\\/722-1214 MUSKEGON .\~Sl'SSOI" 2311724-6708 F.-\X/726-5181 ('l'Ull'll'I) 2311724-(,783 F.-\\/726-:'i(, 17 Ci\il Sl•nicl• 231/724-6716 F.\X/724-4405 West Mlchlgan's Shoreline City {"ll-rl.. 2Jll724-67H:'i F.\X/724-4178 April 14, 2000 ( ·omm. & '\l'igh. ~cn·iccs Property Owner SUBJECT !Jl/724-6717 F. \\/72(,-2:'ill I Hackley Glen Apts. SRSD Permit 2000-01 1350 W. Hackley Permit Application 1::nginl'l'ring 231/724-6707 Muskegon,MI49441 Muskegon Catholic Central F.-\X/727-(,904 Soccer Field Expansion FinalH'.l' 2311724-6713 Dear Property Owner; F.--\X/724-(,761'.I Firc Dcpt. 1.Jl/724-6792 The City of Muskegon Engineering Department (Dept.) has received a City of Muskegon F.\Xl724-ii'J85 Ordinance, Chapter 17: Soil Removal, Stripping, and Dumping (SRSD) Permit lncoml' T,a Application for the above referenced Site. 2311724-6770 F.\\/724-6768 The City of Muskegon is required by City Ordinance Chapter 17 to notify owners of Info. Sysll'llb 2311724-6744 property within 300 feet of the SRSD project. Based on the City of Muskegon tax F.\.\./722-4301 records your property is identified within 300 feet to the project site (Property# 24-747- Ll•i~un• Servitl' 000-0001-00 or Map# 24-30-36-100-025). 231/724-67114 F.-\\1724-11% A public hearing for the SRSD Permit Application is scheduled at the City Commission .\hrnagcr's Officc 2311724-(,724 meeting on Tuesday, April 25, 2000 at 5:30 P.M . F.\\1722-1214 \la)ur'~ Officc If you should have any questions please do not hesitate to contact Mr. Mohammed 2Jl/724-(,7UI Al-Shatel, P.E. or myself at (231) 724-6707. F.\\:1722-1214 2Jll724-(,7[:'i Si"roro~ F \X/72(1-2:'-UJ l'lan11ing/Zu11ing 23 11724-(i 702 F.\\17H-l,7'>U J. Blayne Kirsch, P.E., P.G. Polin• l>qit. Assistant City Engineer 2J 11724-(,7:'-0 F. \X/722-S 1411 l'uhlic \\ ork.~ cc: Mr. Mohammed Al-Shatel, P.E., City Engineer, City of Muskegon, File SRSD 2000-01 2311724-4100 F-\\:1722-4188 Tn•.1.\un•r 1311724-(,720 F.-\\:1724-67(,,11 \\'atcr Billing Dept. 231/724-6718 F:\\/724-<,7<,8 \\":1tcr Filtration 231/724-4106 \IMUSKDATA\DATA\ENGINEERING\COMMON\2000 PROJECTS MASTER FILE\NON PROJECTS\SESC-SRSD-MDEQ· F:\\l7:'iS-5290 ACOE\SRSD\SRSD 2000-01 (Muskegon Catholic HS)\NOTICE OF HEARING.doc City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 4/25/00 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: April 19, 2000 RE: Sale of City-owned Property Adjacent to 2396 Greenwood SUMMARY OF REQUEST: To approve the sale of a city-owned lot adjacent to 2396 Greenwood to John and Cathy Trombley. FINANCIAL IMPACT: The City will receive the proceeds of the sale of this property in the amount of $2,500. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the sale of the property to the Trombleys. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0: (2396 GREENWOOD-AGENDA ITEM) • ,:• • • I MEMORANDUM • - TO: FROM: DATE: RE: Mayor & City Commissioners Lee J. Slaughter, Assistant City Manager April 11, 2000 2396 Greenwood r • I I . • • I Below is breakdown of the numbers according to the facts involving this property. Yesterday, I provided you (through the City Manager) a breakdown of expenses incurred by the Trombley (John and Kathy) in taxes, potential interest and sidewalk repair on the city portion of the property (61.3-ft). At the time of my memo, I did not have information on the cost to the Trombley for removal ofa tree from on the City portion of the land and neither did I have the cost of maintaining the lawn. Based on available facts, I recommended that the property be sold to the Trombley for $7,000, with a waiver of (depending on which of the TCV figures were used to determine the sale price $10,858.68 representing Sale Trend in the area or $11,659.98 representing Today's Value) $1,413.66 or $2,214.96 (for unsubstantiated cost incurred for tree removal and lawn maintenance over the 14-year period). Since my memo provided to you yesterday, I contacted the Trombley. Mrs. Trombley stated the cost incurred to remove the tree at $875.00 (she said she could produce a receipt to that effect). As to the lawn mowing cost, she informed me that she had contacted three different lawn-mowing companies to request cost guestimates for 14 years and was quoted $7,280, $8,624 and $17,920 respectively. While I do not question the cost guestimates provided, my recommended sale price is not based on lawn quotes provided by Mrs. Trombley. In stead, I am suggesting that depending on the TCV figure used, that the cost for maintaining this property be set at 2,518,66 or $3,340.02. I .'ft •• Below is a revised cost breakdown for your consideration. ~ • • . $10,858.68 TCV x Sale Trend $11,659.98 TCV x Today's Value .. - .. ..~ - - $ 11291.63 Taxes paid - $ 11291.63 Taxes Paid $ 9,567.05 - $ 11117.41 $ 8,449.64 Interest: 14 yrs. $10,368.35 - $ 11117.41 $ 9,250.94 Interest: 14 yrs. ... .. .. -.• • ..L~ • -$ 55.98 Sidewk Rapair Paid -$ 55.98 Sidewk Rapair Paid ( I ,I I_ ..... $ 8,393.66 -$ 875.00 Tree Removed . $ 9,194.96 -$ 875.00 Tree Removed - I 1,1 $ 7,518.66 $ 8,319.96 • - -.i:, . --- - $ 5,000.00 Recommended Sale Pr. $ 2,518.66 Waived: Mowing Cost - $ 5,000.00 $ 3,319.96 Recommended Sale Pr. Waived: Mowing Cost ••-:: L Please be informed that up to the time of this meeting, I was unable to arrive at a sale .. - ( • agreement with the Trombley. They assert that giving the fact that the City [apparently] .. - misled them into believing that the property was theirs, the City should give them the property. --- r• Recommendation: If the Commission is interested in exploring a sale option to the Trombley, staff recommends that the property be sold to the Trombley for $5,000. I Please do not hesitate to contact me if I can be of further assistance. - • • • .. ~ :- - I .. r • • - - ..... _..,. ;;-~.a.r_.' • I ) • .. . . ,j • I~ I 4, I Ii I I r II • • ,j ri I• ,j,j • I - • • ~ r I -..: ,j .. r • .. • ,j - r J ,jl • I .... M r ,j I ~ M I II r .. - ..r .. I .. ,j •- I :;Ii • .. I , r - - r"I - • .\ffirmalh ~ .\ c liu11 2J I /7 2-1-(, 7(1.J F.\:\ /722-1 2 1-1 2J I /7 2H,711S F_\X /7!<,-5 18 1 C\.'l lll'l l"I ~ 2.1l/7l-l-/,7X3 I·.I X/72 /,-5/,i 7 C i, il Sc1,in · 2.J 1/724-67 1/, F.-\\ /7 24--1-IIIS West Michigan's Shoreline City C ieri. MEMORANDUM 2J I /72-1-/, 7115 F,\ \/7 H --1 17S TO: Bryon Mazade, City Manager SL•n in·, FROM: Lee J. Slaughter, Assistant City Manager 2J I /72 -1-/, 717 F.1\:/72/,-2511 1 DATE: April 10, 2000 RE: 2396 Greenwood E 11g illl'l' ri11}! 2J I /7 2-1-C,7117 F.-\X/727-/,911-1 The 2396 Greenwood property I am writing to you about is a case of MISTAKEN F i1t :l lll' l' IDENTITY involving 118 ft of property of which 56.7 of the property was sold to the 2Jl /7 H-671J F.\ \ /72-1-/,7/,S original owner in 1958 and according to the record, it was subsequently resold in 1974 to someone else and more recently in 1986 to Mr. & Mrs. Trombley. The balance 60.3-ft. Fin· IJ,• pl. 2J I /7 H -/, 792 of property is City owned. However, apparently, since the resale of the property in 1974, F,I \ /72-1-(,985 the City gave the owners the impression that the prope1ty was theirs. They were taxed I lll'U l1ll' ra\ and assessed for the 61.3 portion of the property until two weeks or so ago when the 2.> I /72-1-/, 7711 F.-\.\ 172-1-/,7/,S Trombley's went to sell the property (all 118 ft.), the Title Company discovered that the 61.3 ft. of property was in fact, the City's and not the Trombley's. The issue was then In fo. s~~ll'III!'> 23 I 172-1-(, 7-1-1 brought to your attention last week and since then, we have attempted to make sense of F.1 \ /7 22--1.10 1 the mix-up as well as determine an amicable solution to the problem. L l'i!_,,lffl' ~l• n ·it·c D 117 2-1-/, 711-1 FA \/724- 11 % ISSUE: The Trombley would like to sell the entire 118-Ft. prope1ty. They assert that since they paid taxes and have cared for the City portion of the property for 14 , lanagl•r', Offitl' 2.l l /7 2-1-/,72-1 years, the prope1ty should be given to them. Unfmtunately, the sale can not go 1· 1\/722- 121-1 through until the ownership of the 61.3-ft of property is satisfactorily determined. ,1ayor \ Offh:l' lJ l /72-1-/,711 1 1·.IX/72 1- 121-1 FACTS: The total property at 2396 Greenwood is 118 ft. • The Trombley own 56.7 ft of the property at 2396 Greenwood. Sl'l'\'i Cl' ' • The City owns 61.3 ft of the prope1ty at 2396 Greenwood 23 1/72-1-/,7 15 I· \\ /7 Z/,-2SIII • The Trombley paid a total of $1,291.63 in taxes on the City portion for 14 Pl;11111i11g//.oni11~ years (1986 - 2000) 23 1/72-1-/,7112 • Interest on taxes paid over 14 years is $1,117.41 F.\\:/71-1-(, 7<Jll • The Trombley were special assessed $228.82 for sidewalk repair on the City Polin· DL•pl. portion. The assessment was placed on the tax bill for 1998 ($22.85) and lJ I /72-l-/,7SII FA\:/722-5 1-111 1999 ($33.13), with a balance due of $182.78. Puhlic \\n rk~ • The True Cash Value of the City 61.3 ft. parcel (by sale trend) is $10,858.68 2J 1/72-1--1 100 (today's sale is $11 ,659.98) F.\X/7 22--11 88 • The City owned 61.3 ft. is clearly a buildable lot ·1 n•a,11rr r 2.I I /72-1-67211 • The City is legally restricted from giving away City land at no cost. 1-,\\/72 -1-/,768 • Total taxes, interest on taxes and assessment paid to the City by the Trombley I\ :11,• r llilli11~ Oe111. over 14 years is over four times less than the true cash value of the propetty. 23 1/72-1-(,7 18 f,\:\/7 2-1-/,7(,X \\ <lll'I' Fill rnlio n D I /72 -1--1 111/, F.\:\/755-52911 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 SOLUTION: Option I: The City can reimburse the Trombley taxes, interest on taxes and sidewalk repair cost paid to the City ($1,291.63 + $1,117.41 + $55.98 = $2,455.02) on the 61.3-ft City portion of the property; or Option 2: The City can sell the property to the Trombley. (In determining the sale price of the property to the Trombley, under option 2, consideration should be given to the fact that the Trombley cared for the property for 14 years and all other probable inconveniences associated with that care. According to the Trombley, they mowed the lawn and had a tree removed from on the City portion of the property. The City has no record of either point). To that end, staff recommends that the property be sold to the Trombley for $7,000. Note: $10,858.68 = True Cash Value (by sale trend) - $ 1,291.63 = Taxes paid by the Trombley $ 9,567.05 - $ 1,117.41 = Interest on 14 years of taxes $ 8,449.64 -$ 55.98 = Sidewalk Repair Paid Portion by the Trombley $ 8,413.66 - $ 7 000.00 = Recommended Sale Price $ 1,413.66 = Excused amount for14 years of care The Commission will be asked to add this item to their City Commission agenda on tomorrow. The Trombley and their property sale representatives are expected to attend City Commission meeting to speak to this issue. Please do not hesitate to contact me if you have questions. Thank you. Attachments: Supporting Documents. FYI: In understanding my recommended sale price, please note that the Trombley are selling the property (118 ft.) for $65,000 and the City assessed True Cash Value of the property is $32,955. Clearly, the $7,000 recommended sale price takes into full consideration all inconveniences to the Trombley as noted above. r~· ,. i :,.- """'';., / ' . - b :/ •- t .. // ..... .. . / / ./ l ··~ / ... kr•. "·.·--:-~_:t::, r. - j ' '.' . ,< / / I '' ""~-~- E ~-' • i4 -.. . . ._ ' \) '-- 0 •. "-' ':- ch ' ,I 23 ! I "1 ""'' ,. ~,.. A t: ~ .t - ;z· !.· ,• •. /~' !- j i •"' 'I I ~ ---.... . ,..o I -,- , .... '' (-\ .._., ~ 'q; , I- z l&I a: a: 0 I- \ ~- .....•• 7 WEST /#' / . ,_ • r 16 • 8 ,,.r;,.S"J"- • '' (.'' ii. ,t, - -~=) , IS /S' Commission Meeting Date: April 25, 2000 Date: ApriI17,2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development 9') RE: Zoning Ordinance Amendment of 'Greenbelts and Walls' section. SUMMARY OF REQUEST: Request to amend Article XXIII (General Provisions) of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping". Also, to amend Section 2331 "Greenbelts and Walls". FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to repeal, and reserve the proposed sections and to amend the language in the section described above. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 4/12/00 meeting. 4/17/2000 CITY OF MUSKEGON CLERK'S OFFICE facsimile cover sheet To: rJn44 /llc&r~ Fax: From: aim.ell. Date: S- 11- O (J Re: Pages: ,;}__ CC: D Urgent • For Review • Please Comment D Please Reply • Please Recycle . CITY CLERK'S OFFICE OFFICE # (231) 724-6705 FAX # (231) 724-4178 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on April 25, 2000, the City Commission of the City of Muskegon adopted-an ordinance amending the Zoning Ordinance to amend Article XXIII (General Provisions) of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Comer Clearance", Section 2315, "Outdoor Storage", Section 2319 "Outdoor Lighting", and Section 23 33 "Plant Materials and Landscaping". Also, to amend Section 2331 "Greenbelts and Walls". The amendments will combine requirements formerly located in the repealed sections under the new Section 23 31, entitled "Landscaping, Fencing, Walls, Screens and Lighting". The new Section 23 31 provides requirements and standards for landscaping, fencing, walls, screens and lighting. The new landscaping requirements address screening requirements between land uses, for parking, mechanical equipment, and outdoor storage. The regulations further require a landscape plan that must meet standards for greenspace, fences, walls, berms and size and number of plant material. All landscape areas must be maintained Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published _ _-'-M"'a,,_y_1...c7_ __,, 2000 CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger Its Clerk Jf~.:GNCE wlrHIN IEN (l0)"BA YS <>F FINAL Pi'tSSAfiB. 1 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2020 An ordinance to amend the Zoning Ordinance of the City to amend Article XXIII (General Provisions) of the Zoning Ordinance to repeal and reserve Section 2313 "Yard Fences", Section 2314 "Corner Clearance", Section 2315, "Ontdoor Storage", Section 2319 "Outdoor Lighting", and Section 2333 "Plant Materials and Landscaping". Also, to amend Section 2331 "Greenbelts and Walls". THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Article XXIII of the Zoning Ordinance of the City of Muskegon is hereby amended to repeal and reserve the existing language in Section 2313 (Yard Fences), Section2314 (Comer Clearance), Section 2315 (Outdoor Storage), Section 2319 (Outdoor Lighting), and Section 23 33 (Plant Materials and Landscaping). Section 2331 (Greenbelts and Walls) of Article XXIII of the Zoning Ordinance of the City of Muskegon is hereby amended: SECTION 2331: LANDSCAPING. FENCING. WALLS. SCREENSANDLIGHTING The intent of this section is to promote the public's health, safety. and general welfare by: minimizing noise. air, and visual pollution; improving the appearance of off-street parking and parking lots reducing heat, noise, and the glare of automobile and site lights; requiring buffering between incompatible land uses: regulating the screening of property abutting public rights-of way; providing wind breaks, protecting and preserving the appearance. character, and value of the business community and residential neighborhood areas; preventing soil erosion and soil depletion; and promoting soil and water retention. 1. Scope: These requirements shall apply to all uses for which site plan review is required and any other use so specified in this Ordinance. No site plan shall be approved unless said site plan shows landscaping. berms, greenbelts, buffer zones. and screening consistent with the requirements set forth herein. 2. Landscape Plan Required: A landscape plan shall be submitted as part ofa site plan review application. The landscape plan shall include, but not necessarily be limited to, the following items: a. Location, spacing, size and descriptions for each plant type proposed for use within the required landscape area. b. Typical straight cross-section including slope, height, and width of berms and swales, type of ground cover, or height and type of construction of wall or fence, including footings. c. Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns. d Identification of natural features, natural drainage areas, existing trees and vegetative cover to be preserved e. Identification of areas to be grass or other ground cover and method ofplanting. 3. General requirements: a. A mixture of plant material, such as evergreen, deciduous trees and shrubs, is required as a protective measure against insect and disease infestation. Landscaping shall be multi-tiered with the use of canopy and understory species. Use of native wildflowers and groundcovers other than traditional horticultural grasses is encouraged b. Areas used for storm drainage purposes, such as unfenced drainage courses or retention areas in front or side yards, may be included as a portion of the required landscaped area. c. A means a/protecting site trees against injury from mowing equipment and vehicles shall be provided d Plantings shall be used to screen service and storage areas and freestanding sign poles. e. Additional landscaping may be required adjacent to buildings to break up long building expanses and walls void ofwindows. f Landscaping may be required to serve as windbreaks. g. Landscaping shall be designed to blend with that on adjacent parcels where a road, walkway or other pathway flows between parcels. 3. Landscape Elements: The following minimum standards shall apply: a. Oualitv: Plant material and grasses shall be of generally acceptable varieties and species for the area, free of insects and diseases and hardy to the climate. The Zoning Administrator shall provide a suggested list ofacceptable plant materials. b. Waterfront properties: Landscaping provided within a waterfront setback shall be comprised of native species. A ribbon of at least 30-joot of buffer zone shall be provided immediately adjacent to the waterfront to serve as a buffer for stormwater runoff c. Placement: Landscaping shall be clustered and staggered rather than situated in straight rows for interest and variety unless such placement is an integral part of a design element, such as an alley oftrees. d. Berms and swales: Berms and swales shall be constructed with slopes not to exceed a 1: 3 gradient with side slopes designed and planted to prevent erosion. Slopes shall be protected with sod, seed, shrubs or other form of natural groundcover. Berms shall have a rounded surface, which is a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. Berms are not permitted acijacent to the waterfront. e. Existing Trees: If existing plant material is labeled "To Remain" on site plans by the applicant or required by the City, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the City. f Preservation required: All existing live trees in excess of twelve (12) inches in diameter and at four and one halffeet (4.5') above the ground shall be preserved as much as practical. g. Replacement required: Should any tree required by this ordinance to be preserved or planted die, it shall be the responsibility of the owner/developer to replace the dead tree with two (2) trees for every one tree lost with trees of a minimum of three inches (3'; in diameter four and one-halffeet (4.5') above the ground. h. Retained landscaping in lieu of new landscaping: Landscaping requirements may be waived if the existing vegetation to be retained on site meets or exceeds ordinance requirements for landscaping and screening. 4. Greenbelt Buffers: a. All required setbacks shall be landscaped. Greenbelt buffers shall be landscaped in grass, ground cover, perennials, and/or other natural, living, landscape material. b. All requiredfront setbacks shall be landscaped with a minimum ofone (I) canopy or shade tree, two (2) understory or evergreen trees and (2) shrubs, for each thirty (30) lineal feet (or major portion thereof) offrontage abutting the right-of-way. Access ways from public rights-of-way through required landscape strips shall be permitted, but such access ways shall not be subtracted from the lineal dimension used to determine the minimum number of trees and shrubs required. c. Deciduous canopy trees shall be a minimum of twelve (I 2) feet in height and a minimum caliper of 2 inches at four and one-half feet (4.5') above the ground. Evergreen and understory trees shall be a minimum ofsix (6) feet high at planting. 5. Installation and Maintenance: a. All landscaping and landscape elements shall be planted, and earth moving or grading performed, according to accepted good planting and grading procedures. b. Landscaped areas outside of stormwater management areas, native natural areas, beaches, and dune areas may be required to be irrigated c. The owner of property that is required to be landscaped by this Ordinance shall maintain such landscaping in a reasonably healthy condition, free from refase and debris. All unhealthy and dead material shall be replaced 6. Screening Between Land Uses: a. Upon any improvement for which a site plan is required, screening shall be constructed at least four (4) feet and up to six (6) feet in height may be required along all adjoining boundaries with residentially zoned or used property. A landscape buffer with berming, or landscaping with a fence or a solid wall may be used to meet screening requirements. b. Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall may be required Such wall shall be constructed on both sides with stone, face brick, poured-in-place simulatedface brick, or precast brick panels having simulatedface brick 7. Parking Lot Landscaping: Parking lots exceeding 5,000 square feet (including all parking spaces, lanes, drives and other areas devoted to vehicular use) shall be landscaped with one landscape island of at least 180 square feet and one (1) shade canopy tree and three (3) shrubs for every eight (8) parking spaces. Canopy trees shall be a minimum of twelve (12) feet in height with a minimum caliper o/2 inches at four and one-halffeet (4.5? above the ground The width of landscape islands, bump-outs or swales shall be a minimum of three feet (3?. 8. Loading Area Screening: All loading areas shall be fenced and screened whenever abutting a residential use or district. 9. Mechanical Equipment Screening: (this subsection does not apply to single-family residential uses, or to any use in an industrial land use category unless it abuts a residential area). When located outside of a building, support equipment including air conditioning and heating devices, and water and gas meters, but not including plumbing or exhaust vents or chimneys, are to be screened to the height of the particular piece of equipment, as follows: a. Roof.Mounted Equipment: To be screened by architectural features from the view ofabutting streets and parcels. b. Equipment at Grade: When located on the ground adjacent to a building, mechanical equipment is to be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. 10. Outdoor Storage Screening: Outdoor open storage of any equipment, vehicles and materials, including waste and waste receptacles, shall be screened from public right-of-way and residential uses or districts. Such storage shall not be located in the required front setback. Commercial and industrial uses do not have to screen from one another. Front yard fencing over 4 feet in height in commercial and industrial zones shall adhere to the required front yard setback. A screen of up to six (6) feet but not less than four feet may be required as part ofa site plan review approval. 11. Fencing, all Districts: The placement of a fence requires a development permit or site plan approval. Fencing shall be properly maintained Fencing materials used as screening shall consist ofthe following: a. Solid board fences of standard commercial construction. The finished side of the wood shall face abutting properties. b. Open mesh fencing with woven slats, provided that is of standard commercial construction. c. Masonry walls designed and constructed to facilitate maintenance and not modifying natural drainage in such a way as to endanger adjacent property that is ofstandard commercial construction. 12. Placement: A wall,fence or yard enclosure may be erected on the lot line. 13. Height limitations: a. Side and rear yards: In residential districts a wall, fence or yard enclosure may be up to six (6) feet in height behind the front building line ofa structure. b. Front yards: In a required residential front yard (in front ofthe front building line), the height shall not exceed three (3) feet, unless an open fence is provided (e.g., chain link, picket) in which case it may a maximum height offour (4) feet when such fence does not reduce visibility or interfere with clear vision at intersections, alleys and drives. c. Commercial and industrial districts: A wall, fence or yard enclosure may be up to eight (8) feet in height behind the front building line ofa structure. In a requiredfront yard (inji-ont ofthe front building line), the height shall not exceed six (6) feet and shall not reduce visibility or inte,fere with clear vision at intersections, alleys and drives. 14. Barbed wire: No person shall place, string or maintain barbed wire as part of any fence, other work or structure in any zoning district unless approved by the Planning Commission as part ofan authorized special use. No barbed wire shall be permitted in any historic district. 15. Corner Clearance: The following regulations shall apply to all landscaping, fences, walls, screens, or similar devices at street intersections: a. No fence, wall, sign, or screen or any planting shall be erected or maintained in such a wcy as to obstruct vision or interfere with traffic visibility on a curve, or within twenty-jive (25) feet ofthe right-of-wcy ofa street. b. No fence, wall, sign, screen or planting shall be erected or maintained in such a way as to obstruct vision, between a height of three (3) and ten (10) feet, within twenty- five (25) feet of the right-of-wcy ofa street. c. No structure, hazard or obstruction shall be placed or maintained in the right-of- way, except as may be approved by the city. 16. Fire Hazard: No fence or wall shall be approved which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, nor which will interfere with access by the Fire Department in case offire to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians. 17. Waterfi'ont Walls and F'ences: No fences or walls shall be erected in the waterfront setback Obscuring walls and fences shall not be placed parallel to the waterfront. Approved fences and walls shall be limited to three (3) feet in height in waterfront yards. 18. Exceptions to Fencing and Screening Requirements: a. Buildings Abutting Lot Lines: Required screening or fencing mcy be omitted along any lot line where a building wall exists immediately abutting the lot line. b. Existing Screening: Any fence, screen, wall or hedge which does not conform to the provisions of this Section and which is legally existing at the effective date of this Ordinance may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such fence, screen, wall, or hedge except as permitted in other sections of this Ordinance. c. Planning Commission Modification: Landscaping may be waived or modified provided the Planning Commission first makes a finding that specifically identified characteristics of the site or site vicinity would make required landscaping, fencing or screening unnecessary or ineffective, or where it would impair vision of natural amenities. 19. Outdoor lighting in all districts: Street lighting in newly developed commercial and industrial uses, subdivisions, condominium projects and planned unit developments, or · replacement lighting for such developments and institutional uses, shall be designed and constructed in such a manner to insure that: a. Direct or directly reflected light is confined to the development site. b. All light sources and light lenses are shielded c. No light sources or light lenses are directly visible from beyond the boundary of the site. d Lighting fixtures shall be a down-type having one hundred percent (100%) cut off The light rays may not be emitted by the installed fixture at angles above the horizontal plane, as certified by the manufacturer's photometric test. e. Light sources shall be high-pressure sodium or halogen. Approved exceptions shall use warm white or natural lamp colors. f Lighting shall be equipped with baffling or other devices to assure that the above requirements are achieved g. The applicant shall submit the specifications for the lights, poles, fixtures and light sources to the City for approval prior to installation. h. The height of light poles shall not exceed twenty-five feet (25; as measured from average grade. This ordinance adopted: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schwei fl er Nayes: None Adoption Date: April 25, 2000 Effective Date: May 27, 2000 FirstReading: April 25, 2000 SecondReading:_N-'--/_A_ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON 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 April, 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 thereby. , / DATED: April 25 ,2000. ~ ~~ g.,J Gail ~ C M C/AAE j Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 4/25/00 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: April 17, 2000 RE: Family Investment Center Tax Returns SUMMARY OF REQUEST: To authorize the payment of CPA expenses to BOO Seidman for the preparation of tax returns for the Family Investment Center Corporation and Partnership. The returns must be prepared and filed for the Housing Commission separation to proceed. Proposals from two CPA firms were solicited and are attached for your review and consideration. FINANCIAL IMPACT: Approximately $6,000. BUDGET ACTION REQUIRED: To authorize this payment out of the Contingency budget of the General Fund. STAFF RECOMMENDATION: To approve the request contingent upon the repayment of this expense by the Housing Commission at the separation closing. COMMITTEE RECOMMENDATION: The trustees of the Corporation have selected BOO Seidman to prepare the tax returns. O:COMMON\OEPTMENT\A..DMINIAGNDAFRM JMS- 0: {FAMILY INVESTMENT CENTER-TAX RETURNS) ·1000 BDO Seidman, I.LP Accountants and Consultants 801 W. Norton Avenue Muskfion, Michigan 49441-4155 Telephone, (231 I 739-9441 Fax, (2311733-0031 Mr. John Schrier March 28, 2000 Parmenter O'Toole P.O. Box 786 Muskegon, Michigan 49443-0786 Dear Mr. Schrier: Re: Family Investment Center Limited Housing Development Corporation and Family Investment Center Limited Dividend Housing Association Limited Partnership This letter is intended to summarize our proposal request for the preparation of tax returns for the above mentioned taxpayers for the tax years 1996, 1997, 1998 and 1999, We will address our proposal using the following criteria. I. Preparation of tax returns (assuming information is readily available). 2. Additional time necessary to accumulate information, if such information is not readily available. 3. Assistance provided and communications with the Department of Treasury regarding potential abatement of penalty requests. We propose that our fees for the preparation of the not-for-profit tax returns for the Family Investment Center Limited Housing Development Corporation for the years 1996, 1997, 1998 and 1999 and the preparation of the partnership returns for the Family Investment Center Limited Dividend Housing Association Limited Partnership for the years ended 1996, 1997, 1998 and 1999 to be approximately $5,000, plus out-of-pocket costs. We propose that in the event that information is not readily available and requires additional performance of services on our behalf in order to obtain this information, we will bill our time at a rate of $75 per hour. This will be communicated with you prior to beginning any additional services and an estimate of our time to perform these services will be made at that time. Services in connection with representation before the Department of Treasury or communications in an attempt receive penalty abatement will be billed on an hourly basis at actual time spent at a rate of$125 per hour. IBDO Mr. John Schrier -2- March 28, 2000 I trust that the above information provides you with the necessary information to further pursue engagement of these services. We thank you very much for the opportunity to work with you on this matter. Should you have any questions or would like to discuss this proposal in further detail, please call. John Pridnia das G:\BD0\048\PROPOSALIFAMILY·INVESTMENT.DOC ,\ BRICKLEY DELONG CERTIFIED PUBLIC ACCOUNTANTS ;.,,,,.,.,1 J /,,/,,1;_~ I /'.I April 3, 2000 /111:.,fh·f) .·lr/,•1· r·/'.-l •,,·,;·I,_,.,.,,,.,. ,·1:1 Family Investment Center Limited J 1, ,11.,,',i /: .\111c·i•. L/'.1 Dividend Housing Associates, LP c/o Mr. John Schrier : ;,, : I -~•/\1>1.'ll"'I/, ("/'.I Parmenter O'Toole 175 W. Apple Avenue P.O. Box 786 Muskegon, Michigan Dear Mr. Schrier: This letter proposes the arrangements for our tax return preparation services. We will prepare the following partnership tax returns: federal, state, and city for the years ended December 31, 1996-1999, inclusive. (We are not responsible for returns not included in this list.) It is your responsibility to provide us with all the information needed to prepare complete and accurate returns. We will not audit or otherwise verify the data you submit, although we may ask you to clarify some of it. The returns will be prepared in accordance with the appropriate tax laws. We will use our judgment in resolving questions where the law is unclear, or where there are conflicts between tax authorities' interpretations of the law and other supportable positions. Unless otherwise instructed by you, we will resolve such questions in your favor whenever possible. However, you should be aware that the tax laws provide for a penalty to be imposed when .a taxpayer makes a substantial understatement of tax liability. Because a partnership's tax attributes flow through to its partners, this penalty can potentially be imposed on the partners. We will discuss with you any tax positions that may increase the risk of exposure to penalties before completing the returns. Fees for our tax preparation services will reflect our standard hourly rates plus any out-of- pocket expenses, but will not exceed $6,000 without prior approval. This proposal assumes the records are in sufficient condition to allow us to complete our work in less than 80 hours. If our time exceeds this due to 1) the condition of the records, or 2) the cooperation of accounting personnel is less than adequate, we will promptly notify you of such conditions and estimate the additional time and fees to complete the work. We will bill you on an interim basis prior to completion of this engagement. Fees are due upon presentation of our invoice to you including a $2,000 retainer prior to commencing work on the returns . · . , •.i• ,. !•,',, ,1 • /'I) Jiu\ 'J'J') • \111,L•.t!UI/. \!/ ,fl).J-f.) ..,0-1 \/,11,· \/ , f/111"/ II/ -1r; 1..•r1 ,, ,1 I'll' i_\ I- '' · f,. , BRICKLEY DELoNo Family Investment Center Limited Dividend Housing Associates, LP April 3, 2000 Page 2 The partnership's returns are subject to examination by the taxing authorities. In the event of an audit, you may be requested to produce documents, records, or other evidence to substantiate the items of income and deduction shown on a return. If an examination occurs, we will represent the partnership if you so desire; however, these additional services are not included in our fee for preparation of the returns. Although we are available to provide the partnership with tax planning advice, we are not obligated to do so unless you specifically request it. Our policy is to put all tax pl!Ullling advice in writing. Therefore, you should not rely on any unwritten advice because it may be tentative and not yet fully reviewed. Certain communications involving tax advice between you and our firm may be privileged and not subject to disclosure to the Internal Revenue Service. By disclosing the contents of those communications to anyone, or by turning over information about those communications to the government, you may be waiving this privilege. To protect your rights, please consult with us or your attorney prior to disclosing any information about our tax advice. If the tax services and terms outlined above are in accordance with your understanding of our engagement, please sign this letter in the space provided and return it in the enclosed envelope with the $2,000 retainer. We appreciate this opportunity to serve you. If you have any questions or need any additional information, please do not hesitate to call. Donald E. Swick, CPA Accepted: Date: _ _ _ _ _ _ _ _ _ __ By: - - - - - - - - - - - - - - - - Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Commission Meeting Date: April 25, 2000 Date: April14,2000 To: Honorable Mayor and City Commiss:i\s From: Planning & Economic Developme~ RE: Vacation of Marsh St. SUMMARY OF REQUEST: Request for vacation of Marsh St., between Walton and Myrtle Streets. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of Marsh St., with the condition that all City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended denial of the vacation of Marsh St. at their meeting on 4/12/00. 4/14/2000 City of Muskegon Planning Commission Case #2000-17 -i· ! VI1/:::J;l:::f~~ ~G/6~~8') I / ~ '---------:S::-U::-M::-N::E-::R-:-A~V I I I~ ! r 1 /~JV I I /!;/ //~ /1):::j I !/I;!1 : / // ;/ !;~~~ L ~! U1 1 1 ; /~(J ~: I / = Subject Property(ies) I = Notice Area ILJ__V; =/ /I ; I flI I/ . . /~ ~/ ~ I 1 ~L_1 / /! I I "'1l I ~ ~ · • · · · • · · • • • · • ~ ~ ..• ~ . ~ I~ ~ , - - - - - - - - ~ ~ - - - - , '1S~vo"~ ~ ~ I ~ .1 I I .•.•··•·· •. ••··•··•~ 1/: i H WHITE AV ;:=:J, i I I I ' ~ ! I~ ' Ii i I I I I I I : I j, I~===J--,---~,--,-~ 2.__ I I I i I I ~ r-,--j ~~~~~~~~ OAK AV , \ \,'-----; 7 i i I i j I ! 111 ! I 1 I . ;b' : L__!_ ' ~ .~.1111 I \ I \ ~ ' ' . L i '' ,' 111~ ·17 i I I I I '\ \ _I ' i I ' I i : I I ! I I ! I I ! I ,, II 11: 11 ,1 I L ;I ! I 500 0 500 1000 Feet CITY OF MUSKEGON RESOLUTION #2000- RESOLUTION TO DENY VACATION OF A PUBLIC STREET WHEREAS, a petition has been received to vacate Marsh Street, between Myrtle and Walton Streets, City of Muskegon; and WHEREAS, the Planning Connnission held a public hearing on April 12, 2000 to consider fue petition and subsequently recommended denial of the vacation; and WHEREAS, due notice had been given of said hearing as well as the April 25, 2000 City Commission meeting to consider the recommendation of the Plamring Commission; NOW, THEREFORE, BE IT RESOLVED that the City Connnission does not deem it advisable for fue public interest to vacate and discontinue Marsh St.; Adopted this 25"' day of April, 2000. Ayes: Nays: Absent: By: _ _ _ _ _ _ _ _ _ _ _ __ Fred J. Nielsen, Mayor Attest: _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Clerk CERTIFICATION I hereby certify 1hat 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 April 25, 2000. Gail Kundinger, CMC/AAE Clerk, City of Muskegon Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING April 12, 2000 Hearing; Case 2000-17: Staff-initiated reqnest to vacate Marsh St., between Walton and Myrtle Avenues. BACKGROUND The former Vanderlaan School site is the location of a new townhouse development currently under construction. The site is bounded by Walton, Myrtle, Marsh and Emerald Streets. The Engineering Department has requested that Marsh St., between Walton and Myrtle be vacated to limit potential traffic conflicts that might occur from the new development. The townhouse development does not require access from Marsh St. There is one residence which fronts on Marsh St. Staff received a phone call from Julie Smith, the resident of that house, who is concerned with access to her home. RECOMMENDATION Staff recommends approval of the vacation. City of Muskegon Planning Commission - 4/12/00 Date: April 25, 2000 To: Honorable Mayor and City Commissioners From: Finance Director RE: First Quarter 2000 Budget Reforecast SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2000 Budget Reforecast which outlines several proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated information, or other factors. For the next meeting, an action item will be placed on the agenda for adoption of the proposed first quarter budget reforecast together with any additional changes deemed necessary by Commissioners. FINANCIAL IMPACT: The first quarter 2000 Budget Reforecast reflects the following changes for the General Fund budget: • Revenues are $127,887 higher than originally budgeted due primarily to additional revenues to be received from the CATV audit, recalculation of the City's indirect cost charges to other funds, and additional CDBG reimbursements to be received for costs associated with mowing City lots; • Expenditures are $111,783 less than originally budgeted due to budget adjustments reviewed previously with the City Commission including reductions in General fund capital outlays and a reduction in the General fund transfer to the street funds; • Overall the projected year-end 2000-fund balance is $88,366 short of the targeted balance of 10% of prior year expenditures. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. 9/18/97 CITY OF MUSKEGON GENERAL FUND HISTORICAL SUMMARY Revenues & Expenditures & Fund Balance Year Transfers In Transfers Out at Year-End 1990 $ 10,303,592 $ 9,978,768 $ 1,718,839 1991 10,389,328 10,584,427 1,523,740 1992 11,297,076 11,282,444 1,538,372 1993 13,990,266 13,231,208 2,297,430 1994 15,301,973 15,572,689 2,026,714 1995 16,633,179 16,337,586 2,322,307 1996 17,666,214 18,018,159 1,970,362 1997 20,437,646 20,358,321 2,049,687 1998 21,643,855 21,634,467 2,059,075 1999 21,451,681 22,011,881 1,498,875 Fiscal 2000 Budget Summary FUND BALANCE AT START OF YEAR $ 1 498 875 MEANS OF FINANCING: Taxes 12,419,363 56% Licenses and Permits 945,000 4% Federal Grants 450,259 2% State Grants 0% State Shared Revenue 5,250,000 23% other Charges 1,846,543 8% Interest & Rentals 556,103 2% Fines and Fees 309,200 1% Other Revenue 348,400 2% Other Financing Sources 252,000 1¼ 22,376,868 100% ESTIMATED REQUIREMENTS: Customer Value Added Activities 15,824,851 73% Business Value Added Activities 3,743,070 17% Off-Budget Items 2 195 000 10% 21,762,921 100% ESTIMATED FUND BALANCE AT END OF YEAR $ 2 112 822 OPERATING SURPLUS (DEFICIT) $ 613,947 TARGET FUND BALANCE (10% PY EXPENDITURES) $ 2,201,188 ESTIMATED EXCESS (SHORTFALL) vs. TARGET $ (88,366) City of Muskegon Quarterly Budget Reforecast General Fund Revenue Summary By Source Original Budget Actual Thru March Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 2000 Estimate 2000 1999 Original Comments Taxes City income tax $ 6,450,964 $ 6,425,149 $ 6,600,000 $ 1,682,297 $ 6,600,000 $ Property taxes - general 3,556,179 3,601,411 3,789,655 3,789,655 Property taxes - sanitation 1,524,127 1,489,818 1,603,967 1,603,967 Industrial facilities taxes 247,042 353,151 335,741 335,741 Payments in lieu of taxes 67,129 71,608 80,000 80,000 Delinquent chargeback collected 9,854 19,886 10,000 2,418 10,000 $ 11,855,295 $ 11,961,023 $ 12,419,363 $ 1,684,715 $ 12,419,363 $ Licenses and permits Business licenses $ 5,510 $ 25,008 $ 45,000 $ 1,158 $ 35,000 $ (10,000) Liquor licenses 27,973 28,458 35,000 7,554 35,000 NEW FEE FOR TRANSFERS AND RENEWALS Cable lV franchise fees 192,252 338,325 230,000 87,362 280,000 50,000 ADDT'L REVENUE FROM CAlV AUDIT Housing licenses 124,663 66,147 115,000 12,550 115,000 Burial permits 111,452 94,955 110,000 31,817 110,000 Building permits 218,693 285,865 200,000 71,204 200,000 Electrical permits 75,580 77,375 70,000 24,377 70,000 Plumbing permits 27,769 38,448 35,000 13,654 35,000 Heating permits 64,263 57,326 60,000 24,340 60,000 Franchise fees 1,000 1,000 1,000 NEW FEE; ELECTRIC DEREGULATION Police gun registration 2,735 3,870 4,000 670 4,000 $ 850,890 $ 1,015,777 $ 904,000 $ 275,686 $ 945,000 $ 41,000 Federal grants Federal operational grant $ 600,595 $ 423,208 $ 500,349 $ 6,796 $ 450,259 $ (50,090) SAFE HAVEN MOVED TO URBAN LEAGUE $ 600,595 $ 423,208 $ 500,349 $ 6,796 $ 450,259 $ (50,090) State grants State operational grant $ $ $ $ $ $ $ $ $ $ $ $ State shared revenue Single business tax $ 425,050 $ $ $ $ $ State sales tax 4,481,455 4,863,361 5,225,000 5,250,000 25,000 REVISED STATE ESTIMATE State income tax $__ 4,906,505 $ 4,863,361 $ 5,225,000 $ $ 5,250,000 $ 25,000 City of Muskegon Quarterly Budget Reforecast General Fund Revenue Summary By Source Original Budget Actual Thru March Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 2000 Estimate 2000 1999 Original Comments Other charges for sales and services Tax administration fees $ 206,912 $ 213,714 $ 219,000 $ 48 $ 219,000 $ Utility administration fees 150,000 172,998 166,032 41,508 166,032 Reimbursement for elections 18,524 10,459 20,000 12 20,000 Indirect cost reimbursement 709,548 840,034 825,000 231,252 925,008 100,008 RECALCULATION OF INDIRECT COSTS Easements Site-plan review fee 4,000 420 4,000 Sale of cemetery lots 8,677 12,923 20,000 5,950 18,000 (2,000) Sale of cemetery columbarium niches 1,325 3,000 3,000 Sale of Harbortown dockominiums 52,500 80,500 6,534 (6,534) PROJECT CLOSED OUT IN 1999 Police miscellaneous 53,124 68,663 65,000 17,403 65,000 NO WAIVER FOR BEER TENT POLICE OT Fire protection-state property 61,574 75,055 75,000 75,000 Zoning fees 9,767 12,305 7,500 2,010 7,500 Clerk fees 991 604 7,000 216 7,000 SALE OF REVISED CITY CODE BOOKS IFT application fees 3,538 6,369 5,000 2,545 5,000 Treasurer fees 53,535 4,374 1,500 1,954 2,500 1,000 False alarm fees 20,261 17,727 10,000 891 10,000 Miscellaneous cemetery income 23,155 25,599 23,000 2,905 23,000 Housing commission reimbursement 17,261 16,750 10,000 23,503 23,503 13,503 HIGHER LIABILITY PREMIUMS Senior transit program fees 8,753 8,521 8,000 2,102 8,000 Fire miscellaneous 20,549 9,311 40,000 263 40,000 NEW FEES PROPOSED BY FIRE DEPT Sanitation stickers 33,970 36,519 35,000 5,822 35,000 Sale of compost material (298) Lot cleanup fees 121,148 75,000 18,792 50,000 (25,000) Miscellaneous sales and services Reimbursements for mowings and demolitions 38,371 62,525 20,000 46,153 20,000 Recreation program fees 130,212 115,817 135,000 5,040 120,000 (15,000) $ 1,620,924 $ 1,911,915 $ 1,777,566 $ 410,114 $ 1,846,543 $ 68,977 Interest and rental income Interest $ 431,639 $ 314,639 $ 375,000 $ 107,508 $ 350,000 $ (25,000) Flea market 29,935 25,418 29,000 29,000 Farmers market 22,044 20,905 20,000 20,000 City right of way rental 4,400 6,400 4,400 2,400 4,400 Parking ramp rentals 35,425 27,266 35,000 46,103 55,000 20,000 297 CLAY PARKING LOT COLLECTION McGraft park rentals 48,595 43,270 52,703 2,503 52,703 other park rentals 30,773 27,851 45,000 8,093 45,000 $ 602,811 $ 465,749 $ 561,103 $ 166,607 $ 556,103 $ (5,000) City of Muskegon Quarterly Budget Reforecast General Fund Revenue Summary By Source Original Budget Actual Thru March Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 2000 Estimate 2000 1999 Original Comments Fines and fees Income tax - penalty and interest $ 30,838 $ 45,901 $ 35,000 $ 33,350 $ 50,000 $ 15,000 STATE TAPES ENFORCEMENT Late fees on current taxes 1,777 7,192 15,000 (29) 15,000 Interest on late invoices 2,147 17,519 1,200 1,200 Civil infraction fines 216,748 (983) 3,000 3,000 Property transfer affidavit fines 30,000 30,000 Parking fines 42,556 82,772 60,000 18,270 60,000 Court fines 140,412 124,968 150,000 34,583 150,000 $ 434,478 $ 277,369 $ 294,200 $ 86,174 $ 309,200 $ 15,000 Other revenue Sale of land and assets $ $ 2,650 $ 3,000 $ 350 $ 3,000 $ Police sale and auction proceeds 6,058 3,991 6,000 6,000 CDBG program reimbursements 270,115 254,279 273,000 30,598 300,000 27,000 MOWING CITY LOTS PAID BY CDBG Contributions 117,506 62,365 5,000 11,000 11,000 6,000 K9 UNIT CONTRIBUTION - SPX Muskegon County Community Foundation 1,800 5,400 5,400 Miscellaneous reimbursements 3,000 3,000 Miscellaneous and sundry 18,329 30,786 20,000 5,726 20,000 $ 412,008 $ 355,871 $ 315,400 $ 47,674 $ 348,400 $ 33,000 Other financing sources Operating transfers in $ 360,349 $ 177,408 $ 150,000 $ 10,891 $ 150,000 $ . CEMETERY/CRIMINAL FF/COLLECTOR Operating transfers in -LDFA II pass-thru 102,000 102,000 $ 360,349 $ 177,408 $ 252,000 $ 10,891 $ 252,000 $ _!ota_l genera~ fund revenues and other sources $ 21,643,855 $ 21,451,681 $ __?2,?48,981 $ 2,688,657 $ 22,376,868 $ 127,887 City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate2000 March 2000 Revised Estimate 2000 2000 Original Comments I. Customer Value Added Activities 40301 Police Department 5100 Salaries & Benefits $ 5,013,870 $ 5,371,889 $ 5,256,058 $ 1,240,431 23% $ 5,420,148 $ 164,090 PAY INCREASES; RETIREMENT PAYOUTS 5200 Operating Supplies 131,443 127,053 120,000 16,771 14% 120,000 5300 Contractual Services 791,730 725,960 820,000 200,356 24% 820,000 5400 Other Expenses 53,675 47,181 30,300 9,322 31% 30,300 5700 Capital Outlays 236,053 88,075 15,000 4,451 30% 15,000 5900 Other Financing Uses N/A $ 6,226,771 $ 6,360,158 $ 6,241,358 $ 1,471,331 23% $ 6,405,448 $ 164,090 40333 Police Narcotics Unit 5100 Salaries & Benefits $ 15,472 $ 351,830 $ 346,968 $ 76,396 22% $ 344,987 $ (1,981) 5200 Operating Supplies 6,961 7,914 5,000 4,429 89% 5,000 5300 Contractual Services 11,221 14,831 10,000 2,659 27% 10,000 5400 Other Expenses 39 NIA 5700 Capital Outlays 22,827 22,171 19,672 656 3% 19,672 5900 Other Financing Uses N/A $ 56,481 $ 396,785 $ 381,640 $ 84,140 22% $ 379,659 $ (1,981) 40334 Police Auto Theft Prevention 5100 Salaries & Benefits $ $ $ $ NIA $ $ 5200 Operating Supplies N/A 5300 Contractual Services N/A 5400 Other Expenses N/A 5700 Capital Outlays N/A 5900 Other Financing Uses N/A $ $ $ $ NIA $ $ $ 6,283,252 $ 6,756,943 $ 6,622,998 $ 1,555,471 23% $ 6,785,107 $ 162,109 50336 Fire Department 5100 Salaries & Benefits $ 2,802,439 $ 2,673,009 $ 2,568,305 $ 604,523 23% $ 2,593,334 $ 25,029 5200 Operating Supplies 129,743 113,467 98,000 28,932 30% 98,000 5300 Contractual Services 160,314 156,160 150,000 29,036 21% 140,000 (10,000) 5400 Other Expenses 19,332 20,291 20,000 4,823 24% 20,000 5700 Capita! Outlays 68,798 153,098 25,997 2,558 23% 10,997 (15,000) 5900 Other Financin Uses N/A $ 3,180,626 $ 3,116,025 $ 2,862,302 $ 669,872 23% $ 2,862,331 $ 29 50387 Fire Safety Inspections 5100 Salaries & Benefits $ $ 314,896 $ 611,159 $ 146,872 24% $ 614,871 $ 3,712 5200 Operating Supplies 8,585 26,500 3,564 13% 26,500 5300 Contractual Services 96,770 213,661 49,590 23% 213,661 5400 Other Expenses 4,877 15,000 826 6% 15,000 5700 Capita! Outlays 16,029 20,000 680 3% 20,000 5900 Other Financing Uses N/A $ $ 441,157 $ 886,320 $ 201,532 23% $ 890,032 $ 3,712 $ 3,180,626 $ 3,557,182 $ 3,748,622 $ 871,404 23% $ 3,752,363 $ 3,741 City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate2000 March 2000 Revised Estimate 2000 2000 Original Comments Sanitation 60523 General Sanitation 5100 Salaries & Benefits $ 70,337 $ 60,002 $ 106,968 $ 13,434 13% $ 106,968 $ 5200 Operating Supp!les 457 401 1,500 66 4% 1,500 5300 Contractual Services 1,320,658 1,490,600 1,416,989 205,996 15% 1,416,989 5400 Other Expenses 1,179 6 1,000 0% 1,000 5700 Capital Outlays 25,000 0% 25,000 5900 Other Financing Uses NIA $ 1,392,631 s 1,551,009 $ 1,551,457 $ 219,496 14% $ 1,551.457 $ 60528 Recycling 5100 Salaries & Benefits $ 73 $ $ $ N/A $ $ 5200 Operating Supplies NIA 5300 Contractual Services 242,410 300,392 285,086 46,324 16% 285,086 5400 Other Expenses NIA 5700 Capital Outlays 1,500 0% 1,500 5900 Other Financin Uses NIA $ 242.483 $ 300,392 $ 286,586 $ 46,324 16% $ 286,586 $ 60524 Composting 5100 Salaries & Benefits $ 7,680 $ 12,468 $ $ N/A $ $ 5200 Operating Supplies 154 NIA 5300 Contractual Services 50,706 43,237 NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 58,540 $ 55,705 $ $ N/A $ $ 60448 Streetlighting 5100 Salaries & Benefits $ 8,204 $ 12,685 $ 6,140 $ 1,356 22% $ 6,150 $ 10 5200 Operating Supplies NIA 5300 Contractual Services 501,519 505,839 510,000 130,241 26% 510,000 5400 Other Expenses NIA 5700 Capital Outlays 266 600 10,000 0% 10,000 5900 Other Financing Uses NIA $ 509,969 $ 519,124 $ 526,140 $ 131,597 25% $ 526,150 $ 10 60707 Senior Citizen Transit 5100 Salaries & Benefits $ 39,286 $ 39,821 $ 37,364 $ 9,992 26% $ 38,500 $ 1,136 5200 Operating Supplies 96 75 0% 75 5300 Contractual Services 5,113 4,810 5,571 1,110 20% 5,571 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 44.495 $ 44,631 $ 43,010 $ 11,102 25% $ 44,146 $ 1,136 60446 Community Event Support 5100 Salaries & Benefits $ 18,903 $ 17,953 $ 88,097 $ 2,431 3% $ 88,097 $ 5200 Operating Supplies 64 200 0% 200 5300 Contractual Services 2,569 1,270 7,000 292 4% 7,000 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 21,536 $ 19,223 $ 95,297 $ 2,723 3% $ 95,297 $ $ 2,269,674 $ 2,490,084 $ 2,502,490 $ 411,242 16% $ __ 2,503,636 $ 1,146 City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actua!As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 March 2000 Revised Estimate 2000 2000 Original Comments 70751 Parks Maintenance 5100 Salaries & Benefits $ 562,631 $ 594,246 $ 685,000 $ 87,710 21% $ 421,729 $ (263,271) CONTRACT FOR SEASONAL LABOR 5200 Operating Supplies 110,930 · 101,986 87,500 9,392 11% 87,500 5300 Contractual Services 384,289 369,196 341,933 55,676 9% 591,933 250,000 5400 Other Expenses 7,501 2,338 7,000 1,672 24% 7,000 5700 Capital Outlays 66.429 42,206 18,000 31,039 69% 45,000 27,000 SIDEWALK ASSESSMENTS 5900 Other Financin Uses NIA $ 1,131,780 $ 1,109,972 $ 1,139,433 $ 185,489 16% $ 1,153,162 $ 13,729 70757 Mc Graft Park Maintenance 5100 Salaries & Benefits $ 35,473 $ 34,953 $ 30,000 $ 679 3% $ 20,000 $ (10,000) CONTRACT FOR SEASONAL LABOR 5200 Operating Supplies 4,337 9,527 5,000 142 3% 5,000 5300 Contractual Services 16,689 27,393 16,000 2.470 10% 25,000 9,000 5400 Other Expenses 888 434 1,703 0% 1,703 5700 Capita! Outlays 610 283 NIA 5900 Other Financing Uses NIA $ $ $ 70775 General Recreation Programs 57,997 $ 72,307 ' $ 52,703 $ 3,574 7% $ 51,703 ' (1,000) 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services ' 140,566 31,398 137,539 132,298 35,928 118,418 138,535 26,000 85,642 7,601 7,949 8,859 5% $ 31% 10% 141,376 26,000 85,642 ' 2,841 5400 Other Expenses 4,821 4,244 3,000 513 17% 3,000 5700 Capital Outlays 1,550 208 1,250 0% 1,250 5900 Other Financing Uses NIA 10% $ $ 70776 Inner City Recreation Programs Salaries & Benefits ' 315,874 ' $ 291,096 103,020 $ $ 254,427 ' $ 24,922 21% $ 257,268 $ 2,841 8,776 5100 5200 5300 Operating Supplies Contractual Services ' 112,187 9,779 24,468 11,214 30,297 114,999 18,346 35,573 26,291 183 1,218 1% 3% 123,775 18,346 35,573 5400 Other Expenses 3,591 2,397 6,000 682 11% 6,000 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 150,025 $ 146,928 $ 174,918 $ 28,374 15% $ 183,694 $ 8,776 70805 L.C. Walker Arena 5100 Salaries & Benefits $ $ $ $ NIA $ $ 5200 Operating Supplies NIA 5300 Contractual Services NIA 5400 Other Expenses NIA 5700 Capita! Outlays NIA 5900 Other Financin Uses NIA $ $ $ $ NIA $ $ 70276 Cemeteries Maintenance 5100 Salaries & Benefits $ 327,286 $ 330,496 $ 342,251 $ 42,466 26% $ 162,305 $ (179,946) CONTRACT FOR SEASONAL LABOR 5200 Operating Supplies 13,812 21,166 11,000 409 4% 11,000 5300 Contractual Services 146,673 110,984 86,648 17,437 6% 276,648 190,000 5400 Other Expenses 178 216 1,000 90 9% 1,000 5700 Capital Outlays 20,120 33,200 20,250 8,445 30% 28,000 7,750 SIDEWALK ASSESSMENTS 5900 Other Financing Uses NIA $ 508,069 $ 496,062 $ 461;149 $ 68,847 14% ~ 478,953 $ 17,804 City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru % of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 March 2000 Revised Estimate 2000 2000 Original Comments 70585 Parking Operations 5100 Salaries & Benefits $ 13,971 $ 12,979 $ 13,067 $ 3,227 24% $ 13,536 $ 469 5200 Operating Supplies 842 2,146 2,000 1,287 64% 2,000 5300 Contractual Services 31,310 28,692 34,179 7,219 21% 34,179 5400 Other Expenses N/A 5700 Capita! Outlays 8,000 0% 8,000 5900 Other Financing Uses N/A $ 46,123 $ 43,817 $ 57,246 $ 11,733 20% $ 57,715 $ 469 70771 Forestry 5100 Salaries & Benefits $ 87,251 $ 90,283 $ 126,301 $ 24,398 18% $ 134,445 $ 8,144 5200 Operating Supplies 4,507 10,467 6,000 247 4% 6,000 5300 Contractual Services 7,799 12,898 14,000 2,775 20% 14,000 5400 Other Expenses 2,059 2,940 1,700 105 6% 1,700 5700 Capital Outlays 1,950 6,572 2,000 650 33% 2,000 5900 Other Financing Uses N/A $ 103,566 $ 123,160 $ 150,001 $ 28,175 18% $ 158,145 $ 8,144 70863 Farmers' Market & Flea Market 5100 Salaries & Benefits $ 30,090 $ 36,984 $ 31,038 $ 3,036 12% $ 24,470 $ (6,568) CONTRACT FOR SEASONAL LABOR 5200 Operating Supplies 713 503 1,000 0% 1,000 5300 Contractual Services 8,388 8,236 6,844 1,156 10% 11,844 5,000 5400 Other Expenses N/A 5700 Capital Outlays N/A 5900 Other Financing Uses N/A $ 39,191 $ 45,723 $ 38,882 $ 4,192 11% $ 37,314 $ (1,568) $ 2,352,625 $ 2,329,065 $ 2,328,759 $ 355,306 15% $ 2,377,954 $ 49,195 80799 Weed and Seed Program 5100 Salaries & Benefits $ 36,784 $ 20,949 $ 16,843 $ N/A $ $ (16,843) PROGRAM ADMIN MOVED TO URBAN LEAGUE 5200 Operating Supplies 2,749 2,860 4,000 N/A (4,000) 5300 Contractual Services 26.419 9,784 27,247 49 49% 100 (27,147) 5400 Other Expenses 2,241 127 2,000 N/A (2,000) 5700 Capital Outlays 795 N/A 5900 Other Financing Uses N/A $ 68,988 $ 33,720 $ 50,090 $ 49 49% $ 100 $ (49,990) 80387 Environmental Services 5100 Salaries & Benefits $ 680,545 $ 439,362 $ 217,239 $ 27,936 16% $ 170,000 $ (47,239) POSITION ALLOCATION CHANGES 5200 Operating Supplies 17,129 12,785 12,200 554 5% 12,200 5300 Contractual Services 441,476 328,371 158,376 21,042 13% 158,376 5400 Other Expenses 6,169 2,674 1,000 180 18% 1,000 5700 Capital Outlays 10,212 3,569 2,000 0% 2,000 5900 Other Financing Uses N/A $ 1,155,531 $ 786,761 $ 390,815 $ 49,712 14% $ 343,576 $ (47,239) $ 1,224,519 $ 820,481 $ 440,905 $ 49,761 14% $ 343,676 $ (97,229) 10875 other Contributions To Outside Agencies $ 149,012 $ 117,369 $ 143,115 $ 47,484 76% $ 62,115 $ (81,000) _MOVE MATS CONTR!BUTION TO CDBG $ 149,012 $ 117,369 $ 143,115 $ 47,484 76% $ 62,115 $ (81,000) Total Customer Value Added Activities $ 15,459,708 $ 16,071,124 $ 15,786,889 $ 3,290,668 21% $ 15,824,851 $ 37,962 As a Percent of Total General Fund Expenditures 71.5% 73.0% 72.2% 73.2% 72.7% City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 March 2000 Revised Estimate 2000 2000 Original Comments II. Business Value Added Activities 10101 City Commission 5100 Salaries & Benefits $ 51,754 $ 50,488 $ 52,116 $ 12,947 23% $ 56,603 $ 4,487 CITY COMMISSIONERS' PAY RAISE 5200 Operating Supplies 15,029 11,732 12,000 308 3% 12,000 5300 Contractual Services 24,829 26,636 50,000 4,682 9% 50,000 5400 Other Expenses 8,555 7,106 9,600 1,021 11% 9,600 5700 Capital Outlays 1,533 NIA 5900 Other Financing Uses NIA $ 100,167 $ 97,495 $ 123,716 $ 18,958 15% $ 128,203 $ 4,487 10102 City Promotions & Public Relations 5100 Salaries & Benefits $ $ $ $ N/A $ $ 5200 Operating Supplies 9,000 0% 9,000 5300 Contractual Services 29,000 4,313 15% 29,000 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ $ $ 38,000 $ 4,313 11% $ 38,000 $ 10172 City Manager 5100 Salaries & Benefits $ 160,684 $ 163,409 $ 169,629 $ 41,738 24% $ 173,188 $ 3,559 5200 Operating Supplies 2,225 2,531 3,000 138 5% 3,000 5300 Contractual Services 4,947 2,645 8,777 373 6% 6,000 (2,777) 5400 Other Expenses 2,831 2,601 5,000 375 9% 4,000 (1,000) 5700 Capital Outlays 82 4,000 0% 3,000 (1,000) 5900 Other Financing Uses NIA $ 170,687 $ 171,268 $ 190,406 $ 42,624 23% $ 189,188 $ (1,218) 10145 City Attorney 5100 Salaries & Benefits $ $ $ $ N/A $ $ 5200 Operating Supplies 400 400 400 0% 400 5300 Contractual Services 279,328 341,368 350,000 88,591 25% 350,000 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 279,728 $ 341,768 $ 350,400 $ 88,591 25% $ 350,400 $ $ 550,582 $ 610,531 $ 702,522 $ 154,486 22% $ 705,791 $ 3,269 20173 Administration 5100 Salaries & Benefits $ 119,804 $ 124,412 $ 125,398 $ 33,250 26% $ 126,000 $ 602 5200 Operating Supplies 2,603 4,482 3,950 163 4% 3,950 5300 Contractual Services 10,919 24,701 30,862 6,932 22% 30,862 5400 Other Expenses 12,644 16,200 11,860 2,844 24% 11,860 5700 Capital Outlays 2,642 298 1,500 0% 1,500 5900 Other Financing Uses NIA $ 148,612 $ 170,093 $ 173,570 $ 43,189 25% $ 174,172 $ 602 20228 Affirmative Action 5100 Salaries & Benefits $ 61,395 $ 63,526 $ 60,704 $ 15,914 26% $ 60,704 $ 5200 Operating Supplies 667 517 500 48 10% 500 5300 Contractual Services 4,335 2,109 5,000 258 5% 5,000 5400 Other Expenses 1,632 3,295 6,000 693 12% 6,000 5700 Capital Outlays 1,172 400 0% 400 5900 Other Financing Uses NIA $ 69,20_1 _$__ 69,447 $ 72,604 $ 16,913 23% $ 72,604 $ City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 March 2000 Revised Estimate 2000 2000 Original Comments 20744 Julia Hackley Internships 5100 Salaries & Benefits $ 4,530 $ 1,714 $ 5,400 $ 0% $ 5,400 $ 5200 Operating Supplies NIA 5300 Contractual Services NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses NIA $ 4,530 $ 1,714 $ 5,400 $ 0% $ 5,400 $ 20215 City Clerk & Elections 5100 Salaries & Benefits $ 187,667 $ 190,040 $ 211,190 $ 44,772 21% $ 211,190 $ 5200 Operating Supplies 26,306 28,908 16,500 4,784 29% 16,500 5300 Contractual Services 32,052 34,857 25,000 2,488 10% 25,000 5400 Other Expenses 7,764 6,875 4,000 219 5% 4,000 5700 Capita! Outlays 2,289 5,006 635 NIA 5900 Other Financing Uses NIA $ 256,078 $ 265,686 $ 256,690 $ 52,898 21% $ 256,690 $ 20220 Civil Service 5100 Salaries & Benefits $ 75,469 $ 125,385 $ 126,045 $ 31,986 25% $ 128,371 $ 2,326 5200 Operating Supplies 9,008 15,052 6,700 416 6% 6,700 5300 Contractual Services 125,943 71,530 40,137 4,841 12% 40,137 5400 Other Expenses 12.402 7,890 8,000 9,334 117% 8,000 5700 Capital Outlays 483 220 500 0% 500 5900 Other Financing Uses NIA $ 223,305 $ 220,077 $ 181,382 $ 46,577 25% $ 183,708 $ 2,326 $ 701,726 $ 727,017 $ 689,646 $ 159,577 23% $ 692,574 $ 2,928 30202;,, Finance Administration 5100 Salaries & Benefits $ 238,575 $ 245,121 $ 255,058 $ 68,462 26% $ 260,000 $ 4,942 5200 Operating Supplies 7,152 8,336 7,233 1,545 21% 7,233 5300 Contractual Services 66,566 61,633 68,200 16,041 24% 68,200 5400 Other Expenses 1,762 3,280 2,800 80 3% 2,800 5700 Capital Outlays 8,703 2,359 2,400 195 8% 2,400 5900 Other Financing Uses NIA $ 322,758 $ 320,729 $ 335,691 $ 86,323 25% $ 340,633 $ 4,942 30209 City Assessor 5100 Salaries & Benefits $ 212,539 $ 240,204 $ 6,000 $ 0% $ 6,000 $ 5200 Operating Supplies 9,099 3,131 NIA 5300 Contractual Services 91,588 114,601 341,500 86,187 25% 341,500 CONTRACT W!TH MUSKEGON COUNTY 5400 Other Expenses 6,521 3,900 0% 100 100 5700 Capital Outlays 6,667 633 NIA 5900 Other Financing Uses NIA $ 326,414 $ 362,469 $ 347,500 $ 86,187 25% $ 347,600 $ 100 30205 Income Tax Administration 5100 Salaries & Benefits $ 163,112 $ 186,659 $ 201,349 $ 50,825 25% $ 205,000 $ 3,651 5200 Operating Supplies 12,935 24,897 26,076 5,555 21% 26,076 5300 Contractual Services 54,835 34,271 40,000 3,999 10% 40,000 5400 Other Expenses 143 1,003 3,000 93 3% 3,000 5700 Capita! Outlays 5,088 7,375 3,000 0% 3,000 5900 Other Financing Uses NIA $ 236,113 $ 254,205 $ 2_73,425 $ 60,472 22% $ 277,076 $ 3,651 City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actual As Original Budget Actual Thru %of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 Marcll2000 Revised Estimate2000 2000 Original Comments 30253 City Treasurer 5100 Salaries & Benefits $ 245,851 $ 266,436 $ 262,642 $ 57,653 22% $ 264,877 $ 2,235 5200 Operating Supplies 33,836 28,340 24,710 6,774 27% 24,710 5300 Contractual Services 52,329 44,557 39,543 8,188 21% 39,543 5400 Other Expenses 3,781 1,096 1,211 194 16% 1,211 5700 Capital Outlays 21,813 6,259 3,957 386 10% 3,957 5900 Other Financing Uses NIA $ 357,610 $ 346,688 $ 332,063 $ 73,195 22% $ 334,298 $ 2,235 30248 lnfonnation Systems Administration 5100 Salaries & Benefits $ 114,700 $ 131,588 $ 160,663 $ 36,263 22% $ 163,943 $ 3,280 5200 Operating Supplies 4,488 4,832 3,778 1,656 44% 3,778 5300 Contractual Services 121,900 42,033 51,057 8,708 17% 51,057 5400 Other Expenses 5,584 18,650 14,000 626 4% 14,000 5700 Capita! Outlays 68,028 67,921 41,232 7,731 19% 41,232 5900 Other Financin Uses NIA $ 314,700 $ 265,024 $ 270,730 $ 54,984 20% $ 274,010 $ 3,280 $ 1,557,595 $ 1,549,115 $ 1,559,409 $ 361,161 23% $ 1,573,617 $ 14,208 60265 City Hall Maintenance 5100 Salaries & Benefits $ 57,389 $ 63,925 $ 57,664 $ 14,949 26% $ 58,500 $ 836 5200 Operating Supplies 13,657 13,874 13,315 1,733 13% 13,315 5300 Contractual Services 161,017 161,699 177,034 35,108 20% 177,034 5400 Other Expenses 67 500 0% 500 5700 Capital Outlays 16,070 8,607 11,377 1,105 10% 11,377 5900 Other Financin Uses NIA $ 248,133 $ 248,172 $ 259,890 $ 52,895 20% $ 260,726 $ 836 $ 248,133 $ 248,172 $ 259,890 $ 52,895 20% $ 260,726 $ 836 80400 Planning Department 5100 Salaries & Benefits $ 191,064 $ 227,738 $ 210,010 $ 33,015 17% $ 200,000 $ (10,010) POSITION ALLOCATION CHANGES 5200 Operating Supplies 15,330 16,291 12,000 2,145 18% 12,000 5300 Contractual Services 16,763 14,650 14,000 2,011 14% 14,000 5400 Other Expenses 7,306 6,531 8,162 (147} *2% 8,162 5700 Capital Outlays 8,290 1,865 2,000 413 21% 2,000 5900 Other Financing Uses NIA $ 238,753 $ 267,075 $ 246,172 $ 37,437 16% $ 236,162 $ (10,010) 80699 Economic Development 5100 Salaries & Benefits $ 111,468 $ 143,133 $ 180,164 $ 59,965 30% $ 198,000 $ 17,836 POSITION ALLOCATION CHANGES 5200 Operating Supplies 15,035 15,330 7,200 2,090 29% 7,200 5300 Contractual Services 70,205 88,283 65,000 18,366 28% 65,000 5400 Other Expenses 5,228 4,060 4,000 212 5% 4,000 5700 Capital Outlays 2,941 281 NIA 5900 Other Financing Uses NIA $ 204,877 $ 251,087 $ 256,364 $ 80,633 29% $ 274,200 $ 17,836 $ 443,630 $ 518,162 $ 502,536 $ 118,070 23% $ 510,362 $ 7,826 Total Business Value Added Activities $ 3,501,666 $ 3,652,997 $ 3,714,003 $ 846,189 23% $ 3,743,070 $ 29,067 As a Percent of Total General Fund Expenditures 16.2% 16.6% 17.0% 18.8% 17.2% City of Muskegon Quarterly Budget Reforecast General Fund Expenditure Summary By Function Actua!As Original Budget Actual Thru % of Revised Budget Change From Actual 1998 Actual 1999 Estimate 2000 March 2000 Revised Estimate 2000 2000 Original Comments II. Off-Budget Items 30851 General Insurance $ 172,813 $ 222,763 $ 225,000 $ (283) 0% $ 270,000 $ 45,000 HIGHER INSURANCE PREMIUMS 30906 Debt Retirement 422,786 340,604 308,812 54,770 13% 430,000 121,188 ADD: HUD SECTION 108 LOAN DEBT SERVICE 10891 Contingency and Bad Debt Expense 103,091 212,696 450,000 0% 400,000 (50,000) 30999 Transfers To Other Funds 1,677,262 1,108,743 1,215,000 303,750 28% 1,070,000 (145,000) REDUCE STREET TRANSFER 90000 Major Capital lmprove_me_n~ 297,141 402,954 175,000 1,909 8% 25,000 (150,000) DELETE VARIOUS CAP IMPROVEMENTS Total Off-Budget Items $ 2,673,093 $ 2,287,760 $ 2,373,812 $ 360,146 16% $ 2,195,000 $ (178,812) As _a P_e__rce__nt_ of To~I Gen~! Fun~_ E::xpenditures 12A% 10.4% 10.9% 8.0% 10.1% Total General Fund $ 21,634,467 $ 22,011,881 $ 21,874,704 $ 4,497,003 21% $ 21,762,921 $ (111,783) Recap: Total General Fund By Expenditure Object 5100 Salaries & Benefits $ 11,999,049 $ 12,873,901 $ 12,820,364 $ 2,820,518 22% $ 12,542,467 $ (277,897) 5200 Operating Supplies 632,884 644,655 570,683 101,280 18% 566,683 (4,000) 5300 Contractual Services 5,853,762 6,002,539 6,377,974 1,121,792 17% 6,706,050 328,076 5400 Other Expenses 177,787 170,318 167,836 33,757 20% 164,936 (2,900) 5700 Capital Outlays 870,937 871,121 414,035 61,136 22% 282,785 (131,250) 5900 All Other Financing Uses 2,100,048 1,449,347 1,523,812 358,520 24% 1,500,000 (23,812) Total General Fund $ 21,634,467 s 22,011,881 $ 21,874,704 $ 4,497,003 21% $ 21,762,921 $ (111,783) City of Muskegon Quarterly Budget Reforecast- Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 202 Major Streets and State Trunklines Fund Available Fund Balance - BOY s 2,019,667 s 4,386,989 $ 1,679;;:J37 $ 3,585,170 $ 3,585,170 S 1,905,733 Revenues Special assessments s 175,543 s 208,386 $ 100,000 $ $ 100,000 s Federal grants 29,033 State grants 56,939 92,678 10,750,000 1,250,000 {9,500,000) SHORELINE DRIVE DELJWED State shared revenue 2,401,657 2,346,730 2,098,325 211,372 2,098,325 Interest income 245,581 237,805 100,000 15,719 80,000 (20,000) Operating transfers in 1,004,344 170,720 475,000 264,046 225,000 {250,000) GF TRANSFER REDUCEDICDBG DEBT Other 2,324,176 183,977 75,000 16,869 75,000 s 6,208,240 s 3,269,329 $ 13,598,325 $ 508,006 $ 3,828,325 S (9,770,000) 60900 Operating Expenditures 5100 Salaries & Benefits $ 658,145 s 608,646 $ 828,421 $ 172,802 21% $ 828,749 s 328 5200 Operating Supplies 126,449 151,749 165,000 48,407 29% 165,000 5300 Contractual Services 666,683 688,313 665,670 187,713 28% 665,670 5400 Other Expenses 4,432 5,239 3,000 784 26% 3,000 5700 Capital Outlays 1,500 30,000 0% 30,000 5900 Other Financina Uses 843,960 664,843 623,410 0% 623,410 DEBT SERVICE ON MTF BONDS $ 2,301,169 s 2,118,790 $ 2,315,501 s 409,706 18% $ 2,315,829 s 3?~ 90000 Project Expenditures 5200 Operating Supplies $ s $ s NIA $ s 5300 Contractual Services 1,539,749 1,731,347 6,600,000 158,819 7% 2,350,000 {4,250,000) 5700 Capital Outlays 221,011 NIA 1,539,749 s 6,600,000 s '' 3,840,918 s 1,952,358 4,071,148 $ $ 8,915,501 s 158,819 568,525 7%' 12% $ 2,350,000 4,665,829 S (4,250,000) Available Fund Balance - EDY 4,386,989 s ' 3,585,170 ' 6,362,261 $ _3_224,651_ ' 2,747,666 S (3,614,595) City of Muskegon Quarterly Budget Reforecast • Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate2000 2000 Revlsed 2000 2000 Original Comments 203 Local Streets Fund Available Fund Balance• BOY $ 105,956 $ 107,336 s 325,STT $ 176 $ 111:f -$- --"t325;7Cl1) Revenues Special assessments s 61,337 $ 70,128 75,000 Federal grants State grants 268,486 ' $ $ 75,000 $ State shared revenue 609,979 621,506 615,034 61,626 615,034 Interest income 13,735 10,329 10,000 4S 10,000 Operating transfers in 525,348 660,000 520,000 149,910 620,000 100,000 GFTRANSFER Other 192,127 828 28 s 1,671,012 $ 1,362,791 $ 1,220,034 s 211,609 $ 1.320,034 $ 100,000 60900 Operating Expenditures 5100 Salaries & Benefits s 557,088 $ 464,756 $ 410,796 s 116,358 26% $ 445,576 $ 34,782 5200 Operating Supplies 100,915 73,457 83,800 981 1% 63,800 5300 Contractual Services 432,591 464,764 476,077 131,489 26% 476,0TT 5400 Other Expenses 1,718 1,234 1,000 0% 1,000 5700 Capital Outlays N/A 5900 Other Financin!;! Uses 37,560 N/A $ 1,129,672 s 1,044,231 $ 971,673 s 248,628 25% $ 1,006,455 $ 34,782 90000 Project Expenditures 5200 Operating Supplies $ s $ $ NIA S $ 5300 Contractual Services 539,762 445,720 400,000 19,381 5% 400,000 $ 539,762 s 445,720 $ 400,000 $ 19,381 5% S 400,000 $ $ 1,669,634 s 1,489,951 $ 1,371,673 s 268,209 19% S 1,406,455 ~vailable Fund Bal~n~e. EOY $ 107,336 s $ s 176 174,238 ' (56.424) (86,245) $ (260,483) ! City of Muskegon Quarterly Budget Reforecast • Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 230 Enterprise Community Fund Available Fund Balance. BOY $ s $ $ $ $ Revenues Special assessments s $ $ s s Federal grants 611,326 336,525 451,717 451,717 EC JOBS PROGRAM State shared revenue Charges for services 112,031 77,310 110,000 110,000 CONTINUED OPERATION OF FAMILY CENTER PER HUD Interest income Operating transfer.; in Other s 723,357 s 60900 Operating Expenditures ' 413,835 $ 561,717 ' 561,717 ' 5100 Salaries & Benefits s s 5200 5300 Operating Supplies Contractual Services 723,357 ' 413,835 ' 561,717 NIA $ NIA 0% 561,717 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin Uses NIA s 723,357 s 413,835 $ 561,717 s 0% $ 561,717 90000 Project Expenditures Operating Supplies s 5200 5300 C_ontractu<1I §0o:ryic_e_s___ ' ' ' NIA NIA ' $ 723.357 '' 413,835 '' 561,717 $ ' N/A $ 0% $ 561.717 ' Available Fund Balance - EOY $ s ' ' $__ $ City of Muskegon Quarterly Budget Reforecast. Non-General Funds Actual As Original Budget Actual Thru March Revised Estimate Change From %" Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 200D0riginal Comments 254 LC, Walker Arena Fund Available Fund Balance. BOY s 3,854 $ 294 $ 4,592 s 3,427 $ 3,427 $ {1,165) Revenues Special assessments $ $ $ $ $ $ State grants State shared revenue Charges for services 544,637 518,703 652,000 207,708 600,000 (52,000) Interest income Operating transfers in 276,000 325,000 225,000 56,250 300,000 75,000 GENERAL FUND OPERATING SUBSIDY REQ'D Other 2,212 $ 820,637 $ 845,915 $ 877,000 $ 263,958 $ 900,000 $ 23,000 70805 Operating Expenditures 5100 Salaries & Benefits $ 10,308 $ 11,112 $ 11,066 $ 3,036 27% $ 11,196 $ 130 5200 Operating Supplies NIA 5300 Contractual Services 813,889 831,670 865,778 259,530 30% 865,778 5400 Other Expenses NIA 5700 Capita! Outlays NIA 5900 Other Financin Uses NIA $ 824,197 s 842,782 $ 876,844 $ 262,566 30% $ 876,974 $ 130 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ N/A $ $ 5300 Contractual Services NIA $ $ $ $ NIA $ $ $ 824,197 $ 842,782 $ 876,844 $ 262,566 30% $ 876,974 Available Fund Balance. EOY s 294 $ 3,427 s 4,748 s 4,819 $ 26,453 $ 21,705 City of Muskegon Quarterly Budget Reforecast • Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 403 Sidewalk Improvement Fund Available Fund Balance. BOY (9,854} $ Revenues ' 982,400 $ 2,667 $ 63:295 $ 63,295 $ 60,628 Special assessments $ 378,684 $ 200,592 $ 225,000 $ $ 225,000 Federal grants State shared revenue Charges for services Interest income 38,482 67,211 30,000 270 30,000 Operating transfers in 45,933 176,214 176,214 MAJOR/LOCAL SHARE; FEMA SHARE; BLUFTON DEBT Other 1,495,000 750,000 750,000 2000 SIDEWALK ASSESSMENT BONDS $ 1,958,099 s s 30906 Operating Expenditures $ 267,803 1,181,214 ' 270 1,181,214 5100 Salaries & Benefits $ $ s 5200 5300 Operating Supplies Contractual Services ' N/A $ N/A N/A $ 5400 Other Expenses NIA 5700 Capital Outlays N/A 5900 Other Financing Uses 243,673 560,003 378,841 0% 378,841 • DEBT SERVICE $ 243,673 $ 560,003 s 90000 Project Expenditures 378,841 ' 0% $ 378,841 $ 5200 Operating Supplies s $ ' $ N/A $ $ 5300 Contractual Services 722,172 449,520 4,477 N/A 5400 Other Expenses 2,543 N/A 5900 Other Financing Uses 174,842 600,000 0% 600,000 s 722,172 $ 626,905 s 600,000 $ 4.477 1% S 600,000 s 965,845 $ 1,186,908 s 978,841 $ 4.477 0% S 978,841 _Available Fund Balance. EOY s 982,400 $ 63,295 s 205,040 $ 59,088 s 265,668 $ 60,628 City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Origlnal Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Qliglnal Comments 404 Public Improvement Fund Available Fund Balance - BOY s 486,818 s 679,356 s 945,856 $ 1,354,811 $ 1,354,811 --$ 408,955 Revenues Special assessments $ s $ s $ s State grants Contributions 4,728 5,000 5,000 Sales of Property 218,107 247,361 25,000 26,980 35,000 10,000 Interest income 31,331 43,424 25,000 9,450 25,000 Operating transfers in 249,880 150,000 220,000 55,000 220,000 Other 1,312,964 $ 504,046 $ 1,753,749 $ 275,000 $ 91,430 s 285,000 $ 10,000 30936 Operating Expenditures s $ N/A $ 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services $ ' NIA NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin~ Uses 118,485 876,900 100,000 0% 100,000 - CAMPBELL FIELD GRANT MATCH s 118.485 s 876,900 s 100,000 s 0% $ 100,00_0_! 90000 Project Expenditures 5200 Operating Supplies $ s $ s NIA $ s 5300 Contractual Services 29,128 63,410 627,935 100% 627,935 627,935 RETURN SECTION 108 LOAN FUNDS TO HUD 5700 Capital Outla}:'.S 163,895 137,984 972,000 0% 972,000 193,023 s 201,394 $ 972,000 s 627,935 39% $ 1,599,935 s 627,935 311,508 s 1,078.294 $ 1,072 000 s 627,935 37% $ 1,699,935 Available Fund Balance. EOY 679,3~ ___§_ 1,354,811 148,856 818,306 s (60,124} S (208,980) __$ _ $ ' City of Muskegon Quarterly Budget Reforecast • Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 482 State Grants Fund Available Fund Balance• BOY s $ $ $ s s Revenues Special assessments State grants Federal grants ' 272,706 $ 255,069 $ 2,075,000 $ ' 2,075,000 $ CROSS LAKE FERRY GRANT: LAKES HORE TRAIL 111 Sales of Property Interest income Operating transfers in 158,830 1,743 950,000 950,000 RLF LOAN PROCEEDS; GOLF COURSE MATCH FOR LST Ill Other 38.100 PIF MATCH FOR CAMPBELL FIELD s 30936 Operating Expenditures $ 46M36 ' 256 812 $ 3,025,000 $ M25,000 s s s 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services ' NIA NIA NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin Uses NIA s s s N/A $ $ 90000 Project ExpendiWres ' s s 5200 $300 5700 Operating Supplies Contractual Services caeital Outla~ 307,977 161,659 ' 255,812 1,000 3,025,000 $ 12,408 452,534 N/A $ NIA 15% 3,025,000 ' • SEE CAPITAL PRQJECTS FOR DETAIL $ 469,636 $ 256,812 s 3,025,000 $ 464,942 15% $ 3,025,000 $ 469,636 $ 256,812 s 3,025,000 $ 464,942 15% $ 3,025,000 Available Fund Balance - EOY $ $ s $ (464,942) s $ City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 594 Marina & Launch Ramp Fund Available Cash Balance - BOY $ (36,516) $ 37,205 $ 4?,151 $ _§~.2~--- s 62,22_5 $ 17,014 Revenues Special assessments $ $ $ $ s State grants 115,918 State shared revenue Charges for services 220.470 258,195 240,000 92,943 240,000 Interest income 864 10,000 812 10,000 Operating transfers in othec 1,832 13,229 s 339,084 s 271,424 $ 250,000 s 93,755 $ 250,000 $ 70756 Operating Expenditures 5100 Salaries & Benefits s 89,825 s 95,973 s 97,482 s 6,590 7% $ 97,482 s 5200 Operating Supplies 12,481 12,073 10.495 0% 10,495 5300 Contractual Services 78,023 96,924 83,749 13,481 16% 83,749 5400 Other Expenses 738 445 700 271 39% 700 5700 Capital Outlays 8,923 4,000 0% 4,000 5900 Other Financing Uses 6,228 3,308 NIA Other Cash Uses (e.g .. Debt Princi I 39,164 34,044 N/A 235,382 $ 242,767 196,426 20,342 10% 196,426 _; 90000 Project Expenditures $ ' ' $ s 5200 5300 5700 Operating Supplies Contractual Services Ca ital Outla s $ 29,981 $ 3,637 $ ' 205 NIA S 21% N/A 1,000 1,000 $ 29,981 $ 3,637 $ $ 205 21% S 1,000 $ 1,000 $ 265,363 $ 246,404 $ 196,426 $ 20,547 10% $ 197,426 Available Cash Balance - EOY $ 37,205 $ 62,225 $ 98,725 $ 135,433 s 114,799 $ 16,074 City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate:2000 2000 Revised 2000 .2000 Original Comments 584 Municipal Golf Course Fund Available Cash Balance• BOY $ 134,331 $ 1,531,148 $ 709,704 $ 1,564,213 $ 1,564,213 $ -·as4:;t§d9 Revenues Special assessments $ $ $ $ State grants State shared revenue Charges for services 2,005 Interest income 38,275 81,345 40,000 15,070 40,000 Operating transfers in Other 1,725,868 $ 1,766,148 $ 81,345 $ 40,000 s 15,070 $ 40,000 70542 Operating Expenditures 5100 Salaries & Benefits s 2,808 $ $ s NIA $ $ 5200 Operating Supplies 41 NIA 5300 Contractual Services 12,934 9,208 15,000 1,603 11% 15,000 $400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financing Uses 353,169 39,072 200,000 0% 675,000 475,000 LS TRAIL 111 MATCH; PURCHASE OF AMOCO PROPERTY Other Cash Uses (e.g.. Debt Princi al 379 NIA s 369.331 s 48.280 s 215,000 $ 1,603 0% $ 690,000 s 475,000 90000 Project Expenditures 5200 Operating Supplies s s s $ NIA $ s 5300 Contractual Services NIA 5700 Ca ital Out!a s NIA $ s s $ NIA $ s $ 369,331 s 48,280 s 215,000 $ 1,603 0% $ 690,000 Available Cash Balance - EOY ---- -- - $ 1,531,148 s 1,564,21_3 s _§_34,794 $ 1,577,680 $ 914,213 $ 379,509 City of Muskegon Quarterly Budget Re forecast - Non.General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate2000 2000 Revised 2000 2000 Original Comments 661 Equipment Fund Available Cash Balance• BOY s 629,665 s 620,607 $ 476,350 $ 499,092 s 499,092 $ 22,742 Revenues Special assessments s $ $ $ s $ State grants State shared revenue Charges for services 1,594,340 1,670,497 1,800,000 437,330 1,800,000 Interest income 30,645 30,203 40,000 4,992 40,000 Operating transfers in Other 52,155 136,158 75,000 24,977 75,000 $ 1,677,140 s 1,836,858 $ 1,915,000 $ 467,299 s 1,915,000 s 60932 Operating Expenditl.lres 5100 Salaries & Benefits 335,571 s 5200 5300 Operating Supplies Contractual Services ' 393,013 458,948 388,008 469,989 363,568 $ 372,987 438,235 435,554 $ 92,044 95,325 68,338 24% S 22% 16% 380,446 438,235 435,554 $ 7,459 5400 Other Expenses 2,978 3,537 2,400 0% 2,400 5700 Capital Outjays 592,971 679,073 840,480 38,942 5% 840,480 5900 Other Financing Uses NIA Other Cash Uses (e.g.. Debt Princi al 97,283 54,198 NIA $ 1,686,198 s 1,958,373 2,089,656 294,649 s 1Ass· 90000 Project Expenditures $ ' 14% S 2,097,115 5200 Operating Supplies $ s s ' $ NIA S 5300 Contractual Services NIA 5700 Ca ital Ou~a s NIA $ s $ $ NIA $- $ $ 1,686,198 s 1,958,373 $ 2,089,656 $ 294,649 14% $ 2,097,115 Available Cash Balance• EOY ___S_ ~2..Q_,607 $ 499,092 $ 301,694 $ 671,742 $ -~~977 $ 15,283 City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 20000riginal Comments 642 Public Service Building Fund Available Cash Balance - BOY $ 210,629 $ 114,901 $ 62,794 s 34,173 s 34,173 -, (28,621} Revenues Special assessments s State grants State shared revenue ' ' ' $ $ Charges for services 379,095 379,095 460,000 115,000 460,000 Interest income 10,919 30 10,000 333 10,000 Operating transfers in Other 2.472 600,000 11 600,000 PROCEEDS FROM SALE OF BONDS 392,486 $ 379,125 s 1,070,000 $ 1,070,000 60442 Operating Expenditures ' 115,344 $ $ 5100 Salaries & Benefits $ 167,795 152,957 s 159,051 s 39,964 164,729 5,678 5200 5300 Operating Supplies Contractual Services 23,096 170,492 ' 21,236 191,167 26,950 200,968 3,188 56,767 24% $ 12% 28% 26,950 200,968 $ S400 Other Expenses 4,376 12,211 10,000 3,368 34% 10,000 5700 Capital Outjays 113,431 65,290 34,850 223 1% 34,850 5900 Other Financing Uses NIA Other Cash Uses and Adjustments e.11 .. Debt Princieall 9,024 16,992 NIA $ 488,214 s 459,853 s 431,819 103,510 24% $ 5,678 90000 Project Expenditures ' 437.497 $ 5200 Operating Supplies s s s $ NIA $ $ 5300 Contractual Services NIA 5700 C:~Pi!~I__Q~tl§!}'_S_ _ _ _ 600,000 0% 600,000 $ s s 600,000 $ 0% $ 600,000 $ s 488,214 s 459,853 s 1,031,819 $ 103,510 10% $ 1,037.497 Available Cash Balance - EOY s s 100,975 46,007 66,676 $ - - ___$_ _ :!~,_?01 34,173 ' ' (34,299) City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 643 Engineering Services Fund Available Cash Balance• BOY s 68,968 $ 83,696 s 77,656 $ 86,178 s 86,178 s 8,522 Revenues Special assessments s $ s $ s s State grants State shared revenue Charges for services 457,751 472,211 595,920 111,125 595,920 Interest income 3,753 4,364 30,000 808 30,000 Operating transfers in Other 37,104 29,171 s 498,608 $ 505,746 s 625,920 $ 111,933 s 625,920 s 60447 Operating Expenditures 5100 Salaries & Benefits $ 376,571 $ 372,095 $ 456,682 s 78,715 17% $ 456,682 s 5200 Operating Supplies 14,568 15,050 18,605 4,837 26% 18,605 5300 Contractual Services 63,233 75,587 94,016 22,980 24% 94,016 5400 Other Expenses 971 3,109 4,200 436 10% 4,200 5700 Capital Outlays 9,939 10,585 18,300 5,703 31% 18,300 5900 Other Financing Uses NIA Other Cash Uses and Adjustments .. Debt Princieal) 4,280 21.412 NIA $ 469,562 s 497,838 $ 591,803 s 112,671 19% $ 591,803 $ 90000 Project Expenditures 5200 Operating Supplies $ s $ s N/A $ $ 5300 Contractual Services 14,318 5,426 128 NIA 5700 Ca ital Oulla s NIA $ $ 14,318 483,880 s s 5.426 503,264 $ $ 591,803 s s 128 112,799 N/A $ 19% $ 591,803 • Available Cash Balance - EOY $ 83,696 s 86,178 $ 111.TT3 s 85,312 $ 120,295 $ _ 8~522 City of Muskegon Quarterly Budget Reforecast • Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 6TT General Insurance Fund Available Cash Balance• BOY s 1,514,584 $ 963,422 $ 922,422 s 1;19:f783 s 1,193,783 "ii;" 271,361 Revenues s s Special assessments State grants State shared revenue ' $ $ Charges for services 1,902,667 2,081,027 2,048,627 463,497 2,048,627 Interest income 67,892 39,317 60,000 10,470 60,000 Operating transfers in 729,041 1,110,799 800,000 800,000 Other 33.404 4,801 10,000 10,000 $ 2,733,004 s 3,235,944 s 2,918,627 $ 473,967 $ 2,918,627 30851 Operating Expenditures 5100 Salaries & Benefits $ 537,016 s 400,953 s 385,488 $ 82,402 21% $ 385,488 5200 Operating Supplies 869 510 1,000 238 24% 1,000 5300 Contractual Services 2,426,613 2,684,901 2,379,383 765,044 27% 2,800,000 420,617 DRAMATIC INCREASE IN RETIREE HEALTH COSTS 5400 Other Expenses 23,744 so 40,000 so 0% 40,000 5700 Capital Outlays 7,326 2,500 0% 2,500 5900 Other Financing Uses 320,401 NIA Other Cash Uses and Adjustments (e.l:!·· Debt Princieal) (31,803) jS0,831) NIA $ 3,284,166 $ 3,005,583 $ 2,808,371 $ 847,734 26% $ 3,228,988 s 420,617 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ NIA $ s 5300 Contractual Services NIA 5700 Ca ital Outla s NIA $ 3,284,166 ' $ $ NIA $ $ Available Cash Balance. EOY ' 963,422 ' 3,005,583 1,193,783 ' 2,808,371 $ 847,734 26% $ 3,228,988 ' $ $ 1,032,678 ' 820,016 $ 883,422 City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 20000riginal Comments 592 Township Water Fund Available Cash Balance - BOY $ 506,928 $ 418,005 s 32:f2s:r-·-s 191,527 $ 191,527 s (131,730) Revenues Special assessments $ s s s $ s State grants Stale shared revenue Charges for services 664,654 593,177 600,000 600,000 Interest income 26,466 18.411 20,000 1,876 20,000 Operating transfers in Other 36,521 $ 691,120 s 648,109 s 620,ooo s 1,876 $ 620,000 $ Operating Expenditures Administration """' 5100 Salaries & Benefits $ 327 $ $ $ N/A $ $ 5200 Operating Supplies NIA 5300 Contractual Services 75,746 98,804 98,510 21,826 22% 98,510 5400 Other Expenses NIA 5700 Capttal Outlays NIA 5900 Other Financing Uses 22,678 NIA Other Cash Uses and Adjustments e, •. Debt Princi al 127,552 NIA $ 98,751 s 226,356 $ 98,510 $ 21.826 22% $ 98,510 $ 60559 Operating Expenditures Maintenance 5100 Salaries & Benefits $ 179,456 $ 189,428 $ 229,212 $ 50,995 22% $ 229,212 $ 5200 Operating Supplies 12,291 12,096 10,131 1,733 17% 10,131 5300 Contractual Services 106,896 104,981 100,000 52,569 53% 100,000 5400 Other Expenses 292,863 340,050 290,000 169 0% 290,000 5700 Capital Outlays 1,979 1,676 2,100 0% 2,100 5900 Other Financing Uses NIA Ottier Cash Uses and Adjustments e... Debt Princi al 87,807 NIA $ 681,292 $ 648,231 $ 631.443 s 105.466 17% $ 631,4:43 _$ 90000 Project Expenditures 5200 Operating Supplies $ $ s $ NIA $ s 5300 Contractual Services 4,497 NIA 5700 Capital Outlays 130,000 0% 130,000 $ $ $ 130,000 $ 4.497 3% $ 130,000 -s $ 780,043 $ 874,587 $ 859,953 $ 131,789 15% $ 859,953 Available Cash Balance - EOY $ 418,005 $ 191,527 $ 83,304 $ 61,614 s r4a.42si -s·- /ffD36l City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 591 Water Fund Available Cash Balance - BOY $ 2,394,529 $ 839,789 $ 6,848,435 s 6,094,347 $ 6,094,347 $ (754,088) Revenues Special assessments $ $ s $ s $ State grants State shared revenue Charges for services - City 2,944,759 3,139,639 3,100,000 3,100,000 Charges for services - Township 470,000 {470,000) Hydrant Rental• Township 70,000 (70,000) Interest income 51,671 248,487 80,000 51,083 180,000 100,000 Operating transfers in 70,239 77,155 50,000 77,155 27,155 Other 86,928 9,537,128 34,837 5,860,000 5,860,000 $ 3,153,597 s 13,002,409 $ 3,770,000 s 85,920 $ 9,217,155 $ 5,447,155 30548 Operating Expenditures Administration 5100 Salaries & Benefits $ 327 s $ s NIA S 5200 Operating Supplies 1,858 NIA 5300 Contractual Services 301,986 375,785 285,000 78,301 21% 371,631 86,631 5400 Other Expenses NIA 5700 Capital Outlays 45 45 0% 45 45 5900 Other Financing Uses 285,442 409,390 583,225 5,943 1% 583,225 Other Cash Uses and Adjustments (e.g.. Debt Princieal) (182,323) 3,722,863 400,000 0% 400,000 $ 407,335 $ 4,508,063 s 1,268225 $ 84,244 6% S 1,354,901 s 86,676 60559 Operating Expenditures Maintenance• City 5100 Salaries & Benefits $ 557,119 $ 655,282 s 478,040 $ 114,698 20% S 587,159 s 109,119 5200 Operating Supplies 115,040 97,019 123,100 34,391 28% 123,100 5300 Contractual Services 206,605 233,897 189,600 48,192 25% 189,600 5400 Other Expenses 50,934 125,838 3,500 10,681 27% 40,000 36,500 5700 Capital Outlays 644 21,693 25,300 5,024 20% 25,300 5900 Other Financin Uses NIA s 930,342 $ 1,133,729 s 819,540 $ 213,186 22% $ 965,159 s 145,619 60557 Operating Expenditures Maintenance - Township 5100 S.ilaries & Benefits s s $ s N/A $ $ 5200 Operating Supplies NIA 5300 Contractual Services NIA 5400 Other Expenses NIA 5700 Capital Outlays NIA 5900 Other Financin Uses NIA $ s $ s N/A $ $ 60558 Operating Expenditures Filtration 5100 Salaries & Benefits $ 434,551 s 459,135 $ 421,001 s 103,171 22% $ 462,221 $ 41,220 5200 Operating Supplies 100.416 122,342 106,250 16,469 16% 108,250 5300 Contractual Services 287,877 312,641 331,250 70,067 21% 331,250 5400 Other Expenses 1,527 2,684 4,300 1,468 35% 4,300 5700 Capital Outlays 44,872 55,608 42,500 8,486 20% 42,500 5900 Other Financin Uses NIA s 869,243 s 952,410 $ 905,301 s 199,701 21% $ 946,521 $ 41,220 90000 Project Expenditures 5200 Operating Supplies $ 608 s 4,159 $ s N/A $ $ 5300 Contractual Services 396,568 248,251 3,105,000 49,508 2% 3,140,000 35,000 5700 Capital Outlays 2,104,061 901,219 7,440 NIA $ 2,501,437 s 1,153,629 $ 3,105,000 s 56,948 2% $ 3,140,000 $ 35,000 $ 4,708,357 s 7,747,831 $ 6,098,066 s 554,079 9% $ 6,406,581 Available Cash Balance. EOY $ 839,769 s 6,094,347 $ 4,520,369 s 5,626,188 __$_ 8,904,9±1.__ ji__j~~.552 City of Muskegon Quarterly Budget Reforecast - Non-General Funds Actual As Original Budget Actual Thru March %of Revised Estimate Change From Actual 1998 Actual 1999 Estimate 2000 2000 Revised 2000 2000 Original Comments 590 Sewer Fund Available Cash Balance• BOY $ 73,843 $ 405,280 s 417,536 $ 787,448 $ 1a1A4s··-·:r· 369,912 Revenues Special assessments $ $ s $ $ $ State grants 100,000 State shared revenue Charges for services 3,668,836 3,649,614 4,200,000 4,200,000 Interest income 6,658 27,684 20,000 7,766 20,000 Operating transfers in 320,086 87,474 87,474 87,474 Other 15,409 62,881 13,631 35,000 35,000 $ 4,110,989 $ 3,827,653 s 4,220,000 $ 21,397 s 4,342,474 $ 122,474 30548 Operating Expenditures Administration 5100 Salaries & Benefits $ 327 $ s $ NIA S 5200 Operating Supplies NIA 5300 Contractual Services 241,520 278,848 180,000 47,620 16% 289,414 109,414 CORRECTION FACILITY /MUSKEGON TWP 5400 Other Expenses 3,059 NIA 5700 capital Outlays 45 45 0% 45 45 5900 Other Financing Uses 261,692 237,636 239,514 102,585 39% 264,348 24,834 Other Cash Uses and Adjustments 1e.9 .. Debt Princieal) 839.167 191,246 488,755 0% 495,963 7,208 s 1,142,751 s 710,834 $ 908,269 $ 150 205 14% S 1,049.770 $ 141,501 60559 Operating Expenditures Maintenance 5100 Salaries & Benefits s 512,164 s 523,428 s 664,044 $ 120,841 20% S 599,721 $ {64,323) 5200 Operating Supplies 64,197 48,439 69,220 6,304 7% 90,450 21,230 5300 Contractual Services 1,533,577 1,561,003 1,788,133 167,131 9% 1,861,000 72,867 5400 Other Expenses 3,183 2,617 2,800 90 3% 2,800 5700 Capital Outlays 395 334 11,500 0% 10,000 (1,500) 5900 Other Financin Uses NIA s 2,113,516 s 2,135,821 s 2,535,697 294,366 11% S 2,563,971 90000 Project Expenditures $ ' 28.274 5200 Operating Supplies s $ s $ NIA $ s 5300 Contractual Services 523,285 598,830 225,000 218,268 104% 210,000 (15,000) 5700_ _ _ Capital Outlays NIA $ 523,285 $ 598,830 s 225,000 $ 218,268 104% $ 210,000 s (15,000) $ 3,779,552 $ 3,445,485 $ 3,668,966 $ 662,839 17% $ 3,823,741 Available Cash Balance - EOY $ 405,280 $ 787,448 $ 968,570 $ 146.,_QQ§___ $_ 1,306,181 City of Muskegon Quarterly Budget Reforecast and 2000 Proposed Budget Budgeted Capital Improvements 1st Quarter 2nd Quarter 3rd Quarter Original Responsibility Budget Budget Budget Comments Budget Reforecast Reforecast Reforecast 2000 PROJECTS 1Q1 General Fund City Hal! Tuckpointing Al-Sh ate I $ 50,000 $ 99012 Geographic Information System (GIS} Maurer 50,000 25,000 Restlawn Office Renovation (Phase I) Scott 75,000 - 175,000 25,000 '1!l!! P11b:li1. lmpr2vem!J'nt F!.!nd 99020 Seaway-Hackley Industrial Park Property Acquisitio Brubaker-Clarke 895,000 895,000 Suburban 4x4 for Fire Department Simpson 27,000 27,000 Self-contained Breathing Apparatus Simpson 50,000 50,000 972,000 972,000 ZQZ Major Streets 96017 Shoreline Drive East A!-Shate! 5,400,000 1,000,000 Project Delayed State's Job (US31 and Bridges/City Share} A!-Shate! 75,000 75,000 98060 Wood Street, Apple to Jackson Al-Shate! 150,000 150,000 City Share Only - $936,000 Total Project- TIP Grant 99016 Laketon, Wood to Getty AI-Shate! 500,000 650,000 $400,000 Grant {$200,000 Safety/$200,000 STP) Handicap Sidewalk Ramps Al-Shat el 50,000 50,000 Seaway-Hackley Industrial Al-Shat el 140,000 140,000 Unspecified Projects Al-Sha tel 285 000 285 000 6,600,000 2,350,000 w Loea I Streets 99014 Forest, Franklin to Barclay AI-Shate! 30,000 30,000 98070 Nevada, Laketon to Young Al-Shate! 50,000 50,000 Morton, Torrent to Bourdon A!-Shate! 140,000 120,000 Roberts, Wesley to Lawrence A!-Shate! 130,000 150,000 Handicap Sidewalk Ramps A!-Shatel SQ QQQ QQ QOQ 400,000 400,000 403 Sidewalks 96059 2000 Sidewalk Replacement Program Al-Sha tel 600,000 600,000 Financed With Special Assessment Bonds City of Muskegon Quarterly Budget Reforecast and 2000 Proposed Budget Budgeted Capital Improvements 1st Quarter 2nd Quarter 3rd Quarter Original Responsibility Budget Budget Budget Comments Budget Reforecast Reforecast Reforecast 2000 PROJECTS m State Grants Fund Lakeshore Trail Phase Ill (Consumers) Scott 600,000 600,000 $480,000 TEA Grant: $120,000 Match From Golf Course Lakeshore Trail Phase IV (Lakeshore Drive) Scott 400,000 400,000 $320,000 TEA Grant; $80,000 Match From Golf Course Campbel! Park Renovation Scott 400,000 400,000 $300,000 Grant: $100,000 Match From PIF Cole's Expansion Brubaker-Clarke 90,000 90,000 Site Reclamation Projects Brubaker-Clarke 235,000 235,000 99010 Cross-Lake Ferry Mazade 1,300,000 1,300,000 $650,000 CMI Grant; $650,000 RLF Loan 3,025,000 3,025,000 ~ Swor 96017 Shoreline Drive East AI-Shatel 100,000 100,000 Engineering Only; Project To Be Done By State 98060 Wood Street, Apple to Jackson A!-Shatel 45,000 45,000 98070 Morton, Torrent to Bourdon A!-Shatel 20,000 5,000 Seaway-Hackley Industrial A!-Shatel 60,000 60,000 - 225,000 210,000 ofil 97041 Water Filtration Plant Improvements Kuhn 2,500,000 2,500,000 Financed With Water Improvement Bonds 96017 Shoreline Drive East Al-Sha tel 100,000 100,000 Engineering Only; Project To Be Done By State 98060 Wood Street, Apple to Jackson Al-Sha tel 45,000 45,000 99014 Forest, Franklin to Barclay Al-Sha tel 40,000 80,000 Nevada, Laketon to Young AI-Shatel 175,000 175,000 99016 Laketon, Wood to Getty Al-Sha tel 35,000 35,000 Unspecified Projects AI-Shatel 205,000 205,000 3,100,000 3,140,000 ~ Township Water Fund Muskegon Twp Water Tank Rehab Kuhn 130,000 130,000 Financed With Building Authority Bonds 642 Public Service Building Public Service Building Roof & Office Renovation Kuhn 600,000 600,000 Financed With Building Authority Bonds City of Muskegon Quarterly Budget Reforecast and 2000 Proposed Budget Budgeted Capital Improvements 1st Quarter 2nd Quarter 3rd Quarter Original Responsibility Budget Budget Budget Comments Budget Reforecast Reforecast Reforecast 2000 PROJECTS 221. Equipment Fund Patrol Car Replacements (6) Kuhn 132,000 132,000 Plow Truck Replacements (2) Kuhn 140,000 140,000 Man!ift (1) Kuhn 25,000 25,000 Skid Loader (1) Kuhn 25,000 25,000 Pickup Trucks 3/4 Ton (2) Kuhn 36,000 36,000 Mini-Pickup Replacements (1) Kuhn 12,000 12,000 Sign Truck {1} Kuhn 35,000 35,000 Loader 721 {1} Kuhn 90,000 90,000 4x4 Truck 1 Ton (1) Kuhn 32,000 32,000 4x4 Pickup for Parks (1) Kuhn 23,000 23,000 Backhoe Hoe 4x4 Replacement (1) Kuhn 50,000 50,000 GMC Tractor (1) Kuhn 40,000 40,000 Community Officer Car Replacements (2) Kuhn 44,000 44,000 Sunbird Cars (3) Kuhn 45,000 45,000 Radios and Various Other Minor Equipment Kuhn 111,480 111,480 840,480 840,480 ~~352i~Q $ --- 9,060,480 $ - $ Date: April 13, 2000 To: Honorable Mayor and City Commissioners From: Neighborhood and Construction Services Department RE: Concurrence with the Housing Board of Appeals Findings of fact and order for 84-86 Monroe SUMMARY OF REQUEST: This is to request City Commission Concurrence with the findings of the housing board of appeals that the structure located at 84-86 Monroe 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 demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of the demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: A dangerous building inspection was conducted on 6/10/99. A Notice and Order was mailed and posted 6/11/99. The owner of the structure is Joseph Briggs. A building permit was issued 8/4/99. Numerous complaints and concerns from the neighbors have been made, please see the attached letters. An inspection of the property on 3/15/00 revealed that repairs were not complete and that several significant violations still exist. As a result, the Commission is being asked to concur with the findings of the Housing Board of Appeals and order the demolition of the structure. Property taxes for 1999 are delinquent. Attached are copies of the boards finding of fact and order dated March 3, 2000; letter of complaint from neighbors dated March 1, 2000, Feb & May 1999, Oct 99, Nov 99, and the minutes of the March 2, 2000 meeting of the Board. Estimated cost for repairs is $17, 500.00. COMMITTEE RECOMMENDATION: The Committee of the Whole will consider this item at its meeting on April 25, 2000. Affirm r,·-: Action .6i ... 124-670J FAX.f12+-6790 Asstuor 6161714-6708 FA..X/724,.6768 Cemetery 6t6nU-678J FA.X/722-4188 Civil Service 6l6n24-67l6 FA,'<n2+-6790 West Mlddgan's Sborelll!ll__my Clerk MUSKEGON HOUSING BOARD OF APPEALS 6t6nU-6705 FAXn24-6768 DATE: March 7, 2000 Comm, & Neigh. CASE: 99-26 - 84-86 Monroe Services 616nU-6717 FAX/124-6790 Mr. Joseph Briggs Engineerinlil: 2010 Kinsey 6t6nH-6707 FAX/724-6790 Muskegon MI 49441 Finance 6l6nU-6713 FINDING OF FACTS AND ORDER F:txnl4-6768 Fire Dept. The following action was taken at a session of the Muskegon Housing Board of Appeals. 6I6n24-679l held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the March 2, 2000 FAxnl4-6985 The Inspections Services Department of the City of Muskegon, having inspected the Income Tax building structure located upon the property described as Lot 6 Block 363, also known as 6t6n?4-6770 FAxnl4-6768 84-86 Monroe, found the conditions listed on the attached pages exist and that these Info. Systems conditions are hazardous as defined in Section 4-23 of the Code of Ordinances. 616nl4-6975 FAX/724-6768 The Board further found that these'cimditions exist to the extent o endangering life, safety Leisure Service and the general welfare of the endangering life, safety and the general welfare of the public. 616nl.J..6704 FAxnl4-6790 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is Manager's Office 6t6nl4-6724 declared to be unsafe, substandard and a public nuicense. F.-\X/724-6790 Mayor's Office It is, further ordered that if the owners or other intersted parties fail to repair of remove said 6t6nU-6701 FAxnl4-6790 structure, or appeal this order within 20 days of the receipt of this order, the Building Official shall take bids and remove said structure. Neigh. & Const. Services 6l6nU-6715 FAxnl.J..6790 Planning/Zoning 6l6n24-670l FAxnl4-6790 Police Dept. 616nl4-6750 FAxnll-5140 Public Works 616nl4-4100 FAxnll-4188 Treasurer 616nl4-67l0 FAX/724--6768 Water Dept. 616/724-6718 FAX/714-6768 \\ Utr Filtration 616nU--U06 F \.X.'i~.S-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. BOARD OF APPEALS , .' \ •, ·• • • ' . DANGEROUS BUILDING REPORT 84-86 MONROE 6/tom Two Story Wood Frame Structure-2 units 1. Foundation wall needs repair- tuck pointing. 2. Front step and porch collapsing. 3. Siding is rotting. 4. Side steps are deteriorating. 5. Missing landing and steps on east side of home. 6. Window frames are rotting. 7. Roof covering on home is failing. 8. Home is boarded up. 9. Porch front gable on roof is rotting and missing trim. • • 10. Front porch ceiling is missing ceiling covering and is rotting . BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ,4 ~ :::h:tt. At t Y ~ HENRY \ALTINOWSKI, BUILDING INSPECTOR I ·- C~URRED . / Dangerous Building 3/14/00 86 Monroe I. Both furnaces and ductwork in a state of general disrepair. 2. Plumbing in a inoperable condition. Fixtures not set or not in w_orldng order. Water pipe not supported. No apparent venting 3. Chimney in need ofrepair or replacement. 4. Improper venting of mechanical equipment. ' , ."'llllrm;iiu~,: ."'lUIUO bl6,-7H-670J ~: \.\. ".'H-6790 .\>susor 616/72"'-6708 FA.X/724-6768 Cemelery 616n2.J..678l FAX/722-O88 Civil Suvke 6t6n2.J..67l6 FAX/72.J.-6790 Clerk 6t6n24-670S F.-\Xfl24-6768 DANGEROUS BUILDING INSPECTION Comm. & Neich. FOLLOW-UP Ser-vices 616nl4-6717 84-86 MONROE FAXnl+-6790 3/15/00 Enzineerin& 616/714-6707 FAXnl4-6790 Finance 616/714-6713 1. Founation walls in need of structural repair. Bowed walls, numerous cracked f A:xnl4-6768 mortar. • 2. Rim joists and sill plates rotted. Exposed to exterior. Fire Depl. 616/72-4--6792 3. Front porch footings, columns, and cinders installed improperly. FAX/724-6985 4. Front porch floor joists not framed to code. Income Tu 616nl4-6770 5. Numerous broken windows, glazing for glass. FAX/724-6768 6. Rotted basement window sills. Info. Sy.stems 7. No handrails on stairs. 616/724-6975 8. Drywall repair needed FAX/724-6768 9. Soffit repair needed. , . Leisure Ser-vice 10. Large amount of Debris left in basement. 616/724-6704 FAX/724-6790 11. Basement stairs need repair. Manager's Office 616/724-6724 FAX1724-6790 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I Mayor's Office HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A 616/724-6701 FA:\n24-6790 DANGEROUS AND/OR SUBSTANDARD BUILIDNG AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. Neigh. & Const. Ser.ice,s 616/724-6715 F.-\xn24-6790 Planning/Zoning c,.. 616/724-6702 FAxnU-6790 Faltinowski, Building Inspector te 7 Police Depl. 616/724-6750 FAX/712-5140 Public Work..5 616/714-4100 FAX/711-4188 /__,..·Je~ry ,McIntyre, Buildffig Official Date Treasurer 616/7U-67l0 FAX/7U--6768 Water Oepl. 616/714-6718 FAxn24-6768 \\ .ater Filtration 616/72.J-4106 F.-\.\.:~$.~2~ City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 March l, 2000 Re: Rental Unit at 86 Monroe Dear Mr. Grabinski, City Commissioners, and Members of the Housing Commission: This is yet another update regarding the duplex rental home at 86 M_<>~oe. As of9:30 AM on March l, 2000, there has been no additional work done at all for quite a while. I am enclosing pictures that were taken about 5:30 PM on February 29, 2000 showing a door propped against the side of the house and the 2 nd floor window: It has never been fixed. Obviously not too much is going on in the way of repairs if a window can be completely missing for this length of time, exposing the house to the weather elements and various birds, squirrels, bats, etc. The other 2nd floor broken window in on the back East side of the house (or Sanford Side). This has been open or broken for many months, also. Michael, a former tenant in the front house (foMonroe) told the Roossiens that he was aware of a breaking and entering attempt on this back house (86 Monroe) through a basement window. Is this a surprise to anyone? Once again, spring is upon us. There is always more activity during the . . spring and summer months.. A vacant home in obvious disrepair is a magnet for gangs, curious children, malicious vandals, homeless animals, etc. The reason I took a picture of a door propped against the house is to show you the wedge shape opening that . allows many stray neighborhood cats to come and go through a broken basement window. There are regular cat fights all hours of the day and night. The neighbors of Jefferson Street began contacting you on February 19, 1999. (Enclosed please find a history - ofletters sent). We have been consistently asking that no further extensions be given on this home. We are in a great state of frustration and confusion. We have kept you all informed regularly. We are left wondering what part of"the work is NOT being done" on this house isn't getting through to you? We have attended previous meetings and have sent you numerous letters, but yet this matter has managed to not get on the previous month's agenda and is being dragged on and on. Lest you think that only 1 person is upset about this house, check the signatures on the previous letters that you have received. Our neighborhood grQJ!I! is upset about this. We were given "lip service" promise_s of action from various City Commissioners last year when an election was looming in front of them. We have gotten statements proclaiming an aggressive policy when Dan Schmelinger left the Neighborhood services department. But the house remains unoccupied with broken windows and in a major state of disrepair. The Roossiens had to rake the leaves in this yard last fall in order to spare the rest ofus neighbors from having the leaves end up in our yards after we had already raked AND to - ··- spare their wooden fence from additional damage due to a season ofrotting leaves. While I was taking the pictures last night from my yard, a young man came running up to me inquiring as to what I was doing and asking ifl knew anything about the broken windows in the house. When I replied that I didn't know who was breaking the windows, but that is was not unusual in unoccupied houses. He stated that he was working to fix it up but someone keeps breaking the windows and then he get notices from the city. I pointed out that the window on the west side (Jefferson Street) had been broken or just missing for about a year. He then changed his story to reply that he was working on the other side of the house. He then ran back to his truck on Monroe Street telling someone that "we have big trouble, somebody's taking pictures". '. Check your records. See how long this has been going on with this landlord-promises to do work; pleas for more time; no activity at all and then permits are gotten a day or two before a Housing Board meeting; no work being done and then minor cosmetic work done a day or two before a Housing Board meeting. Do you not see a pattern of being "played" by this man? Better yet, all of you take a tour of the house tonight or tomorrow. See for yourself if any of this supposed work has been done. I am confident that you will see that it has not been. Again, I urge you all to not give any more extensions on this house and to take immediate action on getting it removed through condemnation. Sinm //~ i!.i~4cvU{,Jtj;~ Marcia Austin Mr. Joseph Briggs PO Box 852 Muskegon, Michigan 49443 February 19, 1999 Subject: Rental unit at 86 Monroe Dear Mr. Briggs, You own a rental duplex at 86 Monroe that is in quite a state of disrepair. ypu are .,. . aware of this, as the City Inspections Department has contacted you regarding this unit. You have also been made aware via a phone call by my neighbors that you have a stray cat that is in this empty house. The cat, as of this date, is still in the house meowing at the top of it's lungs while sitting in the window. It may or may not be able to get out of the house. Since the house has been vacant for many months, the cat must have entered through one of the several broken windows. Many other animals will be able to enter through the windows doing further damage. I also.have great concern that this vacant, unattended duplex will become a magnet for groups of unsupervised youth and/or gangs. I own nw home in this neighborhood, as do many of the people around me. We are an ethnically diverse group of neighbors that get along well with each other and look out for each other. ' , We are struggling to keep an inner city block in good shape. A place where we are safe, a place where we can take pride in ourselves and our homes. Perhaps you would have more interest in the area if you resided in it, but since you do not, please help YJi keep our neighborhood a place where decent tenants will want to come and rent as well as a place where homeowners will want to continue to try to mclintai: and improve their homes. Prope~ty owners and city officials need to work together to mak inner city living a success, Also, please take pity on the animals, and do not let them be trapped in your neglected duplex, Sincerely,~§ ~(~a Marcia Austin 1124 Jefferson Street Muskegon, Michigan 49440 cc: Inspection Department, City of Muskegon Clara Shepherd, City Commissioner John Alaskan, City Commissioner Joan Benedict, City Commissioner Mayor Fred Nielsen May 20, 1999 RE: House on 86 Monroe Dear Commissioner or Inspector, On February 19, 1999, we sent a letter to Mr. Joseph Briggs and copies to the Inspection Department of the City of Muskegon, Clara Shepherd, John Alaskan, Joan Benedict and Mayor Fred Nielsen. Mr. Joseph Briggs is the landlord of a two-family apartment house at 86 Monroe. We are writing to all the Commissioners and some of the Inspectors this time. An inspection was held and a copy of the results is enclosed. You will also find pictures of said residence. As you can see by scanning the inspection results, there is a great deal of violations. Mr. Briggs has been given an extension of time until July by Mr. Dan Schmelzinger to complete the repairs. We are asking you to make sure that no further extensions be given! Photos of this house from the outside can only give you a brief idea of what it is like to have to view this daily. It should be able to give you a clue as t9 the type of tenants that Mr. Briggs gets as renters. As we had previously stated in our February ,19, 1999-letter, we are trying to hold off the blight of urban decline in our part of the city. There are some very responsible property owners in our ethnically diverse neighborhood who take pride in their ownership and are trying to improve their homes. We need your help! Do not allow any more extensions on this property, or on the property in front of this home. Also, make Mr. Briggs bring the front home up to code. Sincerely, ,,,, V ··~~~ The Neighbors of Jefferson Street by 86 Monroe Avenue ~ ~ l/40 Je,/1/k-son hr~-_, 11~ ~ ~/4~ "4N" .. . TO: Mayor Fred Nielsen Commissioner Sally Pleimling Commissioner Jone Benedict Commissioner Clara Shepherd Commissioner Timothy Michalski Commissioner John Aslakson Commissioner Scott Sieradzki DATE:June2, 1999 FROM: Neighbors on Jefferson St: Rev. Lou Roossien, Linda Roossien, Marcia Austin, Judy Johnson, Chuck Hill RE: House 86 Monroe This is an update to the information packet that was placed in your mailboxes on May 27, 1999. Some pieces of plywood have been removed from the house (by the owner Mr Briggs, we think) and area children are now investigating and playing in the house. This is a very, very unsafe situation. It also supports our initial fears (please refer in attached previous letter dated February 19, 1999) that this "will become a magnet for groups of unsupervised youth and/or gangs". It is our understanding that this matter will' be ' referred to the Housing Board of Appeals. We wished to be notified when the matter of the house at 86 Monroe will be addressed at this "Housing Board of Appeals", so that we may attend this meeting and voice our concerns. You may contact us at: Lou & Linda Roossien 726-4489 Marcia Austin 726-2544 home and 724-6319 work October 6, 1999 Mr. Bob Grabinski City Inspection Department RE: Rental unit at 86 Monroe Dear Mr. Grabinski, This is an update regarding 86 Monroe. During the August 1999 meeting, Mr. Joseph Briggs was given 90 days to bring his rental house at 86 Monroe up to code. Our neighborhood has written to the Inspections department and the City Commission many ; times regarding this property and itSstate of disrepair and neglect. True to form, there was a flurry of activity before the August (was it the 5th?) meeting---and we mean directly before the meeting, like 2 or 3 days before. Once the meeting had passed, there has been no activity on the house at all. If you will check to see when the permit for work was issued,· we are sure that you will find it was within a day or two of the August meeting. Mr. Brigg~ has been given deadline and extensions in the past. His standard operating procedure is to wait until 2-5 days before a meeting or a deadline and then try to get some cosmetic thing done. Again, we want to plainly state that there has been no work or activity done on the house at all since the August meeting as of today's date. This indicates to us that there is no real effort to make any serious progress on the list of infractions. We realize that Mr. Briggs was given tmtil the first part of November to complete the changes, so we will again be writing to you appraising you of the work done and the time table in which he accomplished it in. Your Commission is being used by someone who knows how to "play" the system! ~~+?~~-() Louis Roossien, Jr. Lin~oossien 1140 Jefferson St. Muskegon, Mi 49440 ~~/~ November4, 1999 Dear Mr. Grabinski, As we said last month in our letter, we are again communic..ating with you regarding the house at 86 Monroe. There has been no activity at the house until 2 weeks ago. As of this week, there has been a truck that arrives in the evening and appears to spend the night as it is still there in the morning at which time it leaves for the day. It is not the regular vehicle of the landlord. And we feel the likelihood of the landlord toiling through the night is probably negligible. There have been newspapers put up at the win- dows of the duplex that is closer to Sanford Street. The Jefferson Street side of the duplex remains unattended with broken, uncovered windows on it. There has been no attempt to maintain or improve the front house (directly on Monroe) which is currently rented and occupied. There are painted plywood covering these doors. Again, we urge you to not give further extensions on this property. Sincerely, Concern Jefferson Street Citizens j · Marcia Austin ~ o si , Jr 1140 Jefferson St, Muskegon, Mi 49440 - V - Ll 1124 Jefferson Street Muskegon, Michigan 49440 ~ , ) ~ 44V. Linda S. Roossien March 1, 2000 -- -- My name is Linda Roossien, and I live at 1140 Jefferson St. on the comer of Jefferson and Monroe. Directly behind our property are two rental houses that each have two units in them. The addresses are 84,-86, 88, and 90 Monroe, and they are owned=by Joe and Diane Briggs. It is regarding these properties that I write. My husband, Lou, and I have lived in our house since July of 1984, before Mr. & Mrs Briggs purchased the properties behind us. When they purchased the properties, the houses were already in a state of neglect. Since the Briggs have owned these properties, the condition of the houses has gotten worse. 84 and 86 Monroe have become a haven for a lot of cats, and there has even been a break-in there. As I write this Jetter, the side door at 90 Monroe is wide open with no one inside, (The former Tenant moved out a few days ago).Run-down houses attract people and animals which create problems for a neighborhood where people are trying to raise their children in a safe environment. I am enclosing pictures of our home and Mr. Briggs' properties. His lack of care has negatively affected our property. My husband has had to do work in Mr. Briggs' yard every Fall season since we have lived here, in order to protect our property (specifically, care for the fence between our properties). Over the years, my husband has several times had to repair the fence which he broke when he does plow snow. Every year he has also had to clear away Mr. Briggs' trash from our fence: leaves, a variety of yard waste, car parts, house items, etc. Please help us improve our neighborhood and protect us from non-caring landlords. Most of the neighbors in this neighborhood work hard to keep up their homes and property. If we are going to build safe and attractive neighborhoods for families in Muskegon, I believe that landlords like the Briggs need to have strict guidelines for the care of their properties, making them habitable for the renters and not be allowed to degrade the neighborhoods. Mr. Briggs has been given more than enough chances to fix up his properties. The only time he (or usually someone else) has worked on the property is just before he is faced with a hearing. Please help us to make our neighborhood a better place to live by not giving Mr. Briggs any more extensions. We have lived with this problem long enough! Mr. Briggs doesn't have to live here! Since~ ~•t<L<'~, , Linda Roossien 1140 Jefferson St. 231-726-4489 MUSKEGON HOUSING BOARD OF APPEALS March2,2000 5:30P.M. ATTENDANCE: Robert Johnson, John Warner, Randy Mackie, Fred Nielsen, William Anders _, Clinton Todd EXCUSED: eg Borgman STAFF: Bob G inski, Jerry Mcln re, Don LaBrenz, Henry Fa! · owski, Cat verett for Bonnie Bauman and Kevin Stier, Comm. fficer GUESTS: Joseph Briggs, Roossien and Vice Chairman Robert John n called the March 2000 meeting of the Muskegon Housing Board of Appeal o order at 5:30 p.m. Ro all was taken. Robert Johnson ade a motion, supported by Fred Nielsen, to a rove the minutes of the February me ng. The motion carried. ' , REVIEW CASES: #99-26 - 84-86 MONROE - JOSEPH BRIGGS, 2010 KINSEY, MUSKEGON Joseph Briggs attended the meeting. His place of residence has changed from 1842 Franklin to 2010 Kinsey, Muskegon. He stated that he would have 84-86 Monroe up to code in 30 days. The Foundation walls have minimal small cracks. Siding has been replaced and painted. The front landing steps have been replaced. Bob Grabinski stated that if work has been done, why hasn't an inspection been scheduled? Neighbors declair 84-86 Monroe a public nuisance and he agrees. Staff recommends to declare the building unsafe, substandard, a public nuisance and forward to the City commission for Concurrence. Marcia Austin- a neighbor who lives on Jefferson near 84-86 Monroe attended the meeting. She said that she can see open windows with no glass on 84-86 Monroe she looks at that awful house everyday. Can contest that ifrepairs have been made inside why have no panes been put on the windows. She has seen animals going in and out of the house and is concerned of criminal activities going on in the house. She stated that some boards are up on some windows, but not all of them. She said that any time a notice of hearing is sent out is when she has noticed some work being done on the house but it is not a regular basis and is only for a bout three days then Mr. Briggs is not seen on the property for long periods of time. Linda Roossien who lives at I I 40 Jefferson, a neighbor of 84-86 Monroe, attended the meeting. She said that she agrees with Ms. Austin. She is at home all day every day and has not seen or heard any work being done at 84-86 Monroe. Lou Roossien who lives at 1140 Jefferson also attended the meeting. He stated that he has lived on Jefferson since July of 1984 he had noticed then that 84-86 Monroe was already in neglect, it has worsened throughout the years. Work has been done on Monroe only when the owner was notified of a meeting regarding his property and the work is done for a short period of time Mr. Roossien has noticed that the work stops after the meetings and Mr. Briggs is not seen around his property for long periods of time. Robert Johnson suggested to Mr. Briggs that comments made tonight were not personal attacks, and asked if he understood the motion before him concerning his property at 84- 86 Monroe. Mr. Johnson repeated the motion that a Demolition letter will be sent out and that Mr. Briggs has to take out permits, complete the work, and schedule and inspection in order to stop the demolition. If the City Inspection Department does not here from Mr. Briggs within the 10 day notice of Demolition, then the Property will be demolished. Mr. Briggs stated that he understood. Mr. & Mrs. Roossien complained of another home that Mr. Briggs owns at 90 Monroe being left open and abandoned. They did not see it left open before they came to the meeting but saw that it has been open for several days. Mr. Briggs admitted to owning 90 Monroe. Randy Macki, supported by John Warner, made a motion that the subject property be forwarded to the City Commission for conccurance. The motion carried. ' , AYES: NAYES: EXCUSED: ABSENT: Robert Johnson Greg Borgman Fred Nielsen William Anderson Randy Mackie John Warner Clint Todd 44 GETTY - ED HOUGHTALING, 2345 DOWD, MUSKEGON ED HOUGHTALING, P. . OX 4034, MUSKEGON Ed Houghtaling was not in a ance at th ·me his case was discussed. Fred Nielson, supported by Randy Mackie, made ==on, supported by the board, to declare the building to be unsafe, substandard pu ·c nuisance and forward to the City Commission for concurrence roll call v was taken: AYES: NAYS: ABSENT: Robert Johnson Fred Nielsen William Randy John 2 Date: April 13, 2000 To: Honorable Mayor and City Commissioners From: Neighborhood and Construction Services Department RE: Concurrence with the Housing Board of Appeals finding of fact and order for 151 Southern SUMMARY OF REQUEST: This is to request City commission concurrence with the findings of the housing board of appeals that the structure located at 151 Southern 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 demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of the demolition will be paid for with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: A dangerous building inspection was conducted on October 8 1999. The owner is Ed Houghtaling. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore the case was referred to the Housing Board of Appeals on 1/6/00. Mr. Houghtaling appeared at the meeting and asked what he had to do. He was concerned with the foundation. The Board declared the structure to be unsafe, substandard and a public nuisance and forwarded to the City Commission for concurrence. There has been no contact with Mr. Houghtaling since the Jan 6, 2000 Board meeting and there has been no improvements made to the structure. Attached are copies of the dangerous building inspection dated 10/8/00, housing inspection report conducted on 2/7/00, Boards findings of fact and order dated Jan 11, 2000, and a copy of the minutes from the Jan 6, 2000 Board meeting. The estimated cost for repair is $30,000.00. COMMITTEE RECOMMENDATION: The Committee of the Whole will consider this item at its meeting on April 25, 2000. Affirmative Action 616nU-6703 FAXfl22-12U \ssessor 6l6nl4-6708 FAxn2.J.4178 Cemetery 6l6n24--6783 FAxn26-5617 Civil Service 6l6n24--6716 FA:<n14-6790 Clerk 616n24-670S MUSKEGON HOUSING BOARD OF APPEALS FAxn24-4l78 Comm. & Neigh. DATE: January 11, 2000 Services 6l6n2,t..6717 FAX1726-2501 CASE: #010 A- 151 W. Southern Engineering 616n24-6101 Edward Houghtaling FAX1727-6904 752 Wilson Finance Muskegon, Mi. 49441 616/724-6713 FAX1724-6768 Fire Dept, FINDING OF FACTS AND ORDER 616/724-6792 FAX/714-6985 The following action was taken at a session of the Muskegon Housing Board of Appeals Income Tax held at the Muskegon City Hall, 933 Ten-ace, Muskegon, Michigan on the January 6, 2000. 616/724-,6770 FAX/714--6768 The Neighborhood and Construction Services Department of the City of Muskegon, having Info. Systems 616/724-6975 inspected the building structure located upon the property described as E 50 Ft of Lots 1 & F.-\X/724--6768 2, Block 426 also known as 151 W. Southern found the conditions listed on the attached Leisure Service pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of 616/724-6704 FAX/724-6790 Ordinances. \lanager's Office 016/72-1-6724 The Board further found that these conditions exist to the extent of endangering life, safety F:\\/722-1214 and the general welfare of the public. \la}or's Office 6!6172.4-671)1 FAX/722-1214 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is declared to be unsafe, substandard and a public nuisance . .,l.'igh. & Const. S1.'r.·ices 616/724--6715 It is, therefore, ordered that the owners or other interested parties take such action to repair FAX/726-2501 or remove said structure, or appeal this order within 20 days of the receipt of this order. Planning/Zoning 6 \61724-6702 F.--\\/72-1-6790 It is further ordered that if the owners or other interested parties fail to repair or remove said structure, or appeal this order within 20 days of the receipt of this order, the Building Police Dept. 616/72-1-6750 Official shall take bids and remove said structure. FAX/722-SU0 Public Works 616/72-1--'100 FAX1722-4188 Treasurer 616/72-1-6720 FAX/72-t-6768 \\ ater Dept. 616/724--6718 F.-\W24-6768 \\ ;lier Filtralion 616r1H-4106 F.-\.X. '"15.5-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 - --·-- DANGEROUS BUILD~G INSPECTION 10118"9 . 151 W. SOUTHERN RESIDENTIAL DWELLING 1. Severe foundation wall damage, foundation walls fallifigfu support of bearing loads. 2. Foundation walls cracking, bowing, missing sections. 3. Support beams and floor joists support in severe deteriorating stage. 4. Beams moving out of deteriorating column and pocket supports. 5. Beams and floorioists cracked, cut improperly supported. 6. Floor decking rotted. 7. Front porch in need of structural repair. Foundation, joists, decking, roofing. 8. Roofing on home has open soffit, fascia, no drip edge, open to elements. 9. Broken out windows. 10. Rotted door threshold. ·• BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORIB IN SECTION 4-23 OF THE MUSKEGON CITY CODE. 1 ( ( DATE I CITY OF MUSKEGON INSPECTION REPORT February 7, 2000 AT 10:56 p.m. FOR W. SOUTHERN 151 PAGE l No Cat Violation === -=--------------=====----=-=-==--=-==------------------------==-- 1 NOTE: Effective June 15, 1997 no certificates of compliance will be issued until all fees and debts to the City for that property have been paid in full. 2 NOTE: Code requires owners to notify City in writing within 10 days of transfering ownership. Notice must 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. BASEMENT Opening in the wall has been closed off with material that does not blend with the rest of the structure. B BASEMENT Foundation walls have missing mortar or open cracks. 6 B BASEMENT Foundation walls have missing brick or block. B BASEMENT ' Foundation walls are badly bowed-must be relaid if bowed more than 4" . If more than 2" but less than 4", must be reinforced with steel beams or pilasters. B BASEMENT Floor joist are undersized causing the floor to be weak. 9 B BASEMENT Floor support beam is rotten or deteriorated. 10 B BASEMENT Floor support beam is incapable of supporting normal loads. 11 BASEMENT Foundation and floor joist are failing. 12 B EXTERIOR Window screen is torn or damaged. 13 A EXTERIOR Window has broken or cracked glass. 14 A EXTERIOR House numbers are the same color as the house and are not legible. Numbers must be at least 2" in height. 15 B EXTERIOR Has eave boards that are rotted or missing. 16 B EXTERIOR Floor joist are undersized causing the floor to be weak. 17 B EXTERIOR Floor covering has holes, rips or is missing or is not sealed on edges. 18 B EXTERIOR Has trim that has holes in it or is rotted or missing. 19 B EXTERIOR Screen door screen is ripped or missing. 20 B EXTERIOR o,:,erable windo•.,!s\ do not have a screen - must cover the CITY OF MUSKEGON INSPECTION REPORT February 7, 2000 AT 10:56 p.m. FOR W. SOUTHERN 151 PAGE No Cat Violation === --- =-=--------=-======-=---=-=-==========-=--------------------====, complete bottom sash. 21 B EXTERIOR - EAST Light fixture is broken or loose. 22 B EXTERIOR - FNT PORCH SCREEN DOOR Door is not installed in proper manner. 23 EXTERIOR - FRONT • • Steps wobble . 24 B EXTERIOR - FRONT PORCH Foundation walls have missing mortar or open cracks. 25 B EXTERIOR - FRONT PORCH Light fixture globe is broken or missing. 26 B EXTERIOR - FRONT PORCH Foundation footing is sinking or missing. 27 B EXTERIOR - TRIM Has peeling paint and is not protected from weather by properly applied water-resistant paint or waterproof finish. 28 A EXTERIOR - UPPER FRONT Window sash is broken, rotted or missing. 29 B GENERAL Foundation walls have missing mortar or open cracks. 30 A LOWER APT. BASEMENT Smoke detector is missing or inoperative near the bedrooms. 31 A LOWER APT. BASEMENT Furnace needs an inspection by a mechanical contractor and must be certified safe. 32 LOWER APT. BASEMENT NOTE: Portions of the structure could not be inspected completely because of the presence of personal belongings. 33 B LOWER APT. BATH Floor joist are undersized causing the floor to be weak. 34 B LOWER APT. BATH Floor covering has holes, rips or is missing or is not sealec on edges. 35 B LOWER APT. BATH Ceiling tile are missing or falling down. 36 LOWER APT. BATH Wall buckling. 37 B LOWER APT. BATH Toilet leaking at seal. 38 B LOWER APT. BATH - COLD Doesn't have any water to it. 39 B LOWER APT. BATH - LAV. Has low hot water pressure. 40 B LOWER APT. BATH - LIGHT ~ight(s\ has/have a switch that touches the body of the fixture - must be wall switched or protected by GFIC. 41 B LOWER APT. BATH - TUB Faucet is dripping. 42 B LOWER APT. DINING & MID BEDROOM Wall or walls has a hole or holes or large cracks in it. 43 B LOWER APT. DINING ROOM CITY OF MUSKEGON INSPECTION REPORT February 7, 2000 AT 10:56 p.m. FOR W. SOUTHERN 151 PAGE 3 No Cat Violation --- --- • • Light fixture is broken or loose . 44 A LOWER APT. GENERAL Dwelling or unit is infested with cockroaches. 45 B LOWER APT. GENERAL Exhaust fan broken. 46 B LOWER APT. GENERAL Ceiling grides sags. 47 LOWER APT. GENERAL Floors uneven. 48 B LOWER APT. KITCHEN Floor covering has holes, rips or is missing or is not sealed on edges. 49 B LOWER APT. KITCHEN Faucet is broken or incomplete. so B LOWER APT. KITCHEN Faucet is dripping. 51 B LOWER APT. LIVING ROOM Floor joist are undersized causing the floor to be weak. S2 B LOWER APT. MID BEDROOM - CLOSET Ceiling is water damaged. 53 B LOWER APT. MIDDLE BEDROOM Ceiling tile are missing or falling down. 54 B LOWER APT. MIDDLE BEDROOM Light fixture is broken or loose. 55 B LOWER APT. MIDDLE BEDROOM Doesn't have a smoke detector as required by code. 56 B LOWER APT. MIDDLE BEDROOM Wall(s} is/are water damaged. 57 B LOWER APT. REAR BEDROOM Wall or walls has a hole or holes or large cracks in it. 58 B LOWER APT. REAR BEDROOM Floor covering has holes, rips or is missing or is not sealed on edges. 59 B LOWER APT. REAR BEDROOM Door is loose or coming off of its hinges. 60 A LOWER APT. REAR BEDROOM Switch cover is missing or broken. 61 A LOWER APT. REA?. BEDROOM - CLOSET ~indow has broken or cracked glass. 62 B LOWER APT. REAR HALL Trim is broken, missing or incomplete. 63 B LOWER APT. REAR HALL Floor covering has holes, rips or is missing or is not sealed on edges. 64 B LOWER APT. REAR HALL Floor joist are undersized causing the floor to be weak. 65 B LOWER APT. REAR HALL - CEILING Ceiling tile are missing or falling dQwn.0 66 UPPER APT. NOTE: Area was locked and no entry was gained. Must be accessible at next inspection. CITY OF MUSKEGON INSPECTION REPORT • I-ebr.uary 7, 2000 AT 10:56 p.m. FOR W. SOUTHERN 151 PAGE No Cat Violation ==:= ::;:== 67 UPPER APT. NOTE: Unit cannot be occupied until a certificate of compliance is issued. 68 B UPPER APT. - STAIRWAY \'/all or walls has a hole or holes or large cracks in it. END OF LIST 00-09-1129 PECK-WATERLAND DEVELOPMENT, 1050 W. WEST rt Johnson, supported by William Anderson, made a motion to accept rec endation to issue Civil Infraction tickets on 1129 Peck Street see g injunctive relie . A roll call vote was taken: YES: NAYS: EXCUSED: GregBorgm Clint Todd Robert Johnso Fred Nielsen William Anderso Randy Mackie John Warner The motion carried . .. E, 1712 PINE, MUSKEGON No one attended the meeting. Bob binski ~aid that there has been no contact with the owner. Staff recommendation is t are the building to be substandard, unsafe, a public nuisance and forward to City ommission for concurrence. A motion was by Robert Johnson, supported bY. reg Borg to declare the building substandard, unsafe, a public nuisance and forw to the City C mission for concurrence. A roll call vote was taken: YES: ABSENT: Greg Borgman Robert Johns Fred Niels William Rand #00-l0A-151 W. SOUTHERN - EDWARD HOUGHTALING, 752 WILSON Ed Houghtaling attended the meeting and also stated that his address was 2345 Dowd. He said that he had the upstairs done but that a tenant had trashed the downstairs. Bob Grabinski said that we had a complaint and that the housing inspector felt that it should be declared a dangerous building. There is no Certificate of Compliance. It has been revoked and the house has been posted. Mr. Houghtaling asked what he has to do. He said that the foundation is his concern because he said it was approved before he bought the house. Staff recommendation is that the building be declared substandard, unsafe, a 7 public nuisance and forwarded to the City Commission for concurrence. Greg Borgman made a motion, supported by John Warner to accept staff recommendation. It was brought out that Mr. Houghtaling could work with the Inspection Services Department on what needs to be done and set up a work schedule. He is under time constraints. If nothing is done it will be forwarded to the City Commission. A roll call vote was taken: YES: NAYS: EXCUSED: ABSENT: Greg Borgman Clint Todd Robert Johnson Fred Nielsen William Anderson Randy Mackie John Warner •. The motion carried. 0-11-1679 TERRACE-MICHAEL J. STRAIT, 1671 TERRACE ttended the meeting concerning this property. Bob Grabinski several years. Some work was done and work stopp~d out a year ago. In 1' tl'li,,v had the Neighborhood Impact project, conversat' was held with the owner. Some k was done and then was stopped. Staff rec endation is to declare the building to be bstandard, unsafe, a public nuisance an orward to the City Commission-for con ence. Fred Nielsen, supported b obert Johnson, made a motion to accept staff r ommendation. A roll call v was taken: YES: ABSENT: Greg Borgman Robert Johnson Fred Nielsen William Anderson Randy Mackie John Warner The motion carried. #00-12-1688 TE CE- CRAIG OR MURRAY 1459 TERRACE, MUSKE rstelt attended the meeting. He explained that he ·n the process of getting a 1 . He asked is the case could be tabled for 30 days. ould complete the months. Bob Grabinski said that during the Neighborhood act project, he ed to the owner. He got some promises, some work was done b ed. Greg Borgman is concerned about Mr. Vanderstelt working on a 8 Date: April 13, 2000 To: Honorable Mayor and City Commissioners From: Neighborhood and Construction Services Department RE: Concurrence with the Housing Board of Appeals Finding of Facts & Order for 1589 Park. SUMMARY OF REQUEST: This is to request City Commission Concurrence with the findings of the Housing Board of Appeals that the structure located at 1589 Park 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 administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of the demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: The owner of the property is Neil Hansen. A dangerous building inspection was conducted on October 1 of 1999. A Notice and Order to Repair or demolish the structures was mailed and posted on October 6, 1999. Affirmative Action 616nU-670J ·2214 .\ssessor 6J6nU-6708 FAxn2.J..4178 Cemetery 616172+4783 FAX/726-5617 Civil Service 6J6n24--6716 FAxn24-6790 West Mldllgan's Sborellne Oty Clerk 6J6nH-6705 MUSKEGON HOUSING BOARD OF APPEALS FAxn24-4178 Comm. & Neigh. DATE: January 11, 2000 Services 6l6n24-67l7 FAxn26-250I CASE: #00-06 - 1589 Park Engineering 6I6n24-6707 Neils Hansen FAxn27-6904 1589 Park Finance Muskegon, Mi. 4944 l 6l6n24-67IJ FAX/724-6768 Fire Dept. FINDING OF FACTS AND ORDER 616/724-6792 FAX/724-6985 The following action was taken at a session of the Muskegon Housing Board of Appeals Income Tu: held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the January 6, 2000. 6l6n24--6770 FAxnl-1-6768 The Neighborhood and Construction Services Department of the City of Muskegon, having fofo. Systems 616n24--697S inspected the building structure located upon the property described as Lot 12, Block 430 FAX/724--6768 also known as 1589 Park 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. 616/72.J-6704 F...\X/724-6790 The Board further found that these conditions exist to the extent of endangering Ii fe, safety \Janager's Office 616/724-6724 and the general welfare of the public. FAX/722-1214 .\fayor's Office Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is 6161724-6701 f . \.\/722-1.!H declared to be unsafe, substandard and a public nuisance. :\"dgh. & Const. St'rvices It is, therefore, ordered that the owners or other interested parties take such action to repair 616/72-J-67!5 or remove said structure, or appeal this order within 20 days of the receipt of this order. FAX/726-2501 Planning/Zoning 616/724-6702 It is further ordered that if the owners or other interested parties fail to repair or remove said FAX1724-6790 structure, or appeal this order within 20 days of the receipt of this order, the Building Police Dept. Official shall take bids and remove said structure. 6!61724-6750 FAX/722-5140 Public Works 616/724-4100 FAX/722-4188 Trl'asurer 6!61724-6720 FAX/724-6768 \\-iHl'r Dept. 616n24-67JS FAX/724-6'768 \\Jler Filtration 616,'7!4-~ Jl)6 F -\.\. ""~:--S:?~O City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Greg an Robert Johnso Fred Nielsen William Anderson ---- --- Randy Mackie · John Warner The #00-06 - 1589 PARK - NEILS HANSEN, 1589P ARK, MUSKEGON, MI. A neighbor attended the meeting. She said that the owner has passed away. Neighbors would like to see it demolished. It has been in bad condition for 10 years. She said that •. two sisters occupy it and it has been willed to a brother. Bob Grabinski said that it meets the definition of a safety issue. Staff recommendation is to declare the building to be substandard, unsafe, a public nuisance and forward to the City Commission for concurrence. John Warner, supported by Randy Mackie, made a motion to declare the building to be substandard, unsafe, a public nuisance and forward to the City Commission for concurrence. Fred Nielsen asked if we could legally ask for demolition in the case of death of the owner. Bob Grabinski said that we do a title search to find the legal owner and notify them. A roll call vote was taken: YES: NAYS: EXCUSED: ABSENT: Greg Borgman Clint Todd Robert Johnson Fred Nielsen William Anderson Randy Mackie John Warner The motion carried. meeting. He said that asn't been living there because he rking on it. He said the part of the the garage that was attached to the house. He wants to bring it up to code. H td that a plied for a low-income loan, but had to pay back taxes. Whe got the taxes paid, the e no funds available for rehabilitation. Greg Bo an, supported by Robert Johnson, a motion to declare the building subst d, unsafe, a public nuisance and forward to I ommission for concurrence. as explained to Mr. Brown that ifhe continued to get his ·ts and we would not send it on to the City Commission. Mr. Brown needs o work 5 DANGEROUS BU!Y)Jli<;.~~~CTION 10/0lm 1589Park. RESIDENTIAL DWELLING - --- I. Two rear attached shed additions are in state of structural collapse. 2. Side porch deck and roof rapidly deteriqrating. 3. Missing siding, exposed openings in siding. 4. Whole roof systejll failing in, very critical state. Deteriorated shingles, sheathing, rafters, fascia, and soffit. 5. Chimney close to collapse. 6. Broken out windows, rotting window frames. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. /4 .... a.d"tt,..o.,•9,,-: · HENRYWALTINOWSKI, BUILDING INSPECTOR { { - DATE .. Date: April 13, 2000 To: Honorable Mayor and City Commissioners From: Neighborhood and Construction Services Department RE: Consent to demolish the structures at the property of 573 Orchard SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 1282 Arthur 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 demolition with the lowest responsible bidder. FINANCIAL IMPACT: The cost of the demolition will be paid with budgeted CDBG funds. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: A dangerous building inspection was conducted in January of 1999 following a referral from the fire department. The order to repair did not result in any improvements to the structure nor any contact from the owner; therefore, the case was referred to the Housing Board of Appeals on April 1, 1999. No one appeared at the meeting to contest the department's recommendation that the structure be demolished and there was no application for a building permit. This case was pulled from the City Commission Meeting Agenda from 5/25/99 because the owner (Chong Thomas) had obtained a Building permit on 5/21/99. On June 8 a letter was sent to Ms. Thomas asking for payment on the permit because the checks he wrote to the treasurers office had bounced due to the account being closed (please see attached letter dated June 8, 99). A request for an Electrical Permit was obtained on 9/8/99 and was denied due to a number of violations that were currently uncorrected at the property. The Building permit that was issued on 5/21/00 was also revoked due to no inspection being scheduled (see attached letter dated 9/8/99) In December of 1999 a letter was sent to the owner informing him/her that the Housing Board of Appeals tabled this case until the February 4 2000 meeting in order to allow time for an inspection (please see attached letter dated 12/13/99. At the February 4 meeting of the Housing Board of Appeals, the property was declared substandard and a public nuisance. Attached are copies of the minutes of the April 1, 1999 meeting of the Housing Board of Appeals, the finding of facts and order of the Board dated April 5, 1999 and the findings from the January 22, 1999 inspection of the property, letter regarding bounced check dated June 8, 1999, Letter regarding denial of request for electrical permit dated Sept 8, 1999, letter regarding case being tabled until HBA's Feb 4, 2000 meeting, Jan 25, 2000 Notice of Hearing for Feb 4, 2000, finding of facts and order of the Board dated Feb 7, 2000 and finally a copy of the minutes of the February 3, 2000 meeting of the Housing Board of Appeals. The estimated cost for repairs is $7, 500.00. COMMITTEE RECOMMENDATION: The Committee of the Whole will consider this item at its meeting on February 7, 2000. MUSKEGON HOUSINU l:IUAlW ur Al'l:'J;I\L~ 4/1/99 '( agenda. A permit was issued e a motion to accept staff da. A roll call vote was taken: AYES: Bob Johnson Greg Borgman RandyMac · William Anderson John Fred Nielsen No one attended the meeting for the following cases: - #99-14 - 573 ORCHARD - NANNIE WALTERS BELL, P. 0. BOX 1783, MUSKEGON ROBERT WARD, C/0 868 N. PETERSON RD. #99-15 -1180 WILLIAMS- DOROTHY BROWN/MARKS. WEBSTER ET AL, 2913 TEMPLE, MUSKEGON HEIGHTS #99-16 - 215 E. WALTON - LENORE WRIGHT, 1369 CAL VIN, MUSKEGON #99-17 -250 STRONG (GARAGE)-JOSEPH BATTLE, 250 STRONG, MUSKEGON Robert Johnson, supported by Randy Mackie, made a motion to declare the following structures unsafe, substandard, a public nuisance and forward to the City Commission for concurrence. #99-14- 573 Orchard #99-15 - 1180 Williams #99-16-215 E. Walton #99-17 - 250 Strong (garage) A roll call vote was taken: AYES: NAYS: EXCUSED: Bob Johnson Greg Borgman Randy Mackie William Anderson JohnWamer Fred Nielsen Clint Todd The motion carried. 3 Clerk '1"72-U705 - FAX/1144171 DATE: April 5, 1999 Co•a.ANdp. 6161714-'717 #99-14-573 Orchard FAX/116-2501 CASE: Encinecrin& 616n1U707 Nanie Walters Bell FAXn17-6904 P. 0. Box 1783 Finance Muskegon, Mi. 49443-1783 616/714-6713 FAX/!lU761 Robert Ward Fire Dept % 868 N. Peterson Road 61617U-6191 FAX/!lUH5 N. Muskegon, Mi. 49445 Income TH 6t6muno FINDING OF FACTS AND ORDER FAX'.nl4-6761 Info. Systems The following action was taken at a session of the Muskegon Housing Board of Appeals 616/72-4-6975 FAxnl4-6768 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 1st of April 1999. Leisure Service 616/72.f..6704 The Neighborhood and Construction Services Department of the City of Muskegon, having FAxn24-6790 inspected the building structure located upon the property described as W 55 Ft. ofE 110 Ft. M1nacer's Office of S 155 Ft., ofN 188 Ft., Lot 19, Block 49 also known as 573 Orchard found the conditions 6t6n2u124 FAxnll-1214 listed on the attached pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances. Mayor's Office 6t6n2-i-6101 FAX/722-1214 The Board further found that these conditions exist to the extent of endangering life, safety Nei&h, & Const and the general welfare of the public. Mr-vices 6t6nlU7U FAxnl6--lS0.1 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is Plannini/Zonin& declared to be unsafe, substandard and a public nuisance. &16n2u101 FAXfl24-6790 It is, therefore, ordered that the owners or other interested parties take such action to repair Police Dept or remove said structure, or appeal this order within 20 days of the receipt of this order. ,1,n1u1so FAxnll-5140 It is further ordered that if the owners or other interested parties fail to repair or remove said Public Worb 616m4--4l00 structure, or appeal this order within 20 days of the receipt of this order, the Building FAxnll--4188 Official shall take bids and remove said structure. Treasurer 6l6nl4-6720 FAX1714-6768 Waler Dept 6161714-6718 FAxn14-6768 Water filtration 616/714--4106 FAxnSS-5290 City of Muskegon, 933 Terrace Street, P.O. Bo< 536, Muskegon, MI 49443-0536 DANGEROUS BUll.DING REPORT S73 Otchard 1/22199 l. Foundation wall on home is in need of repair- open areas of mortar in block. 2. Front porch steps unstable and craclring- need replacement 3. Front enclosed porch foundation ill failing. Structural floor joists and decking in need of repair, ceiling of porch is rotting, roofing in need of repair. 4. Broken out windows and damaged back egress door. S. Home and windows in need of painting- exterior maintenance. 6. Garage walls and roof members need structural repair. 7. Broken out windows, garage door repair, junk cars need to be addressed. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ~a,~ HENR.¥ALTINOWSKI, BUILDING INSPECTOR 6.i ,&-;I;, DATE CONCURRED IN· _$~ <::?. ', ~CTNTYRE~DING OFFICIAL .\mnnall\·e Action 6161724-6103 .-\ss,ssor 616/724-6106 Cemetecy 616/724-6183 Clvll Service June 8, 1999 6161724-6116 Clerk 6161724-6705 Chong Thomas 272 Amity C. N. Services 6161724-6111 Muskegon MI 49442 Engineering Ref: Building Permit for 573 Orchard • 6161124-6101 Permit #99-394 Finance Dear Ms. Thomas: 616/72-1-6713 The City Treasurer's Office has received the check you wrote for the above permit Fire Depl. from the Bank due to the account being closed. In order to pay for the permit again 616172-1-6792 you will be charged the same $36 plus a $25 check charge fee. Please note that because the permit has not been paid for, it has been voided and a new permit will be Income Tax required. 616/72-1-6770 If you have any questions, please contact this office at 724-6758. lnspecllons 6\6172-1-6715 Sincerely, Lc\surt' Ser..-ice 616172 • -670-l ~cc¾v{tck '.\lanager·s omce Laura Hichue, 616172--1-672-1 Permit Coordinator '.\layor's Office lh 616172-1-670! Plannlngl'loning 616172--1-6702 Police Dept. 6!6172-1-6750 Public Works 616/726--1786 Treasurer 616172-1-6720 Waler Dept. 616.'72-1-6718 City of Muskegon. 933 Terrace Street. P.O. Box 536. Muskegon. Michigan 49443·0536 Mfirmarive Action 61,.m+-& 1ro FAX/712.1114 .\s.sa.sor 616n24-6708 FAxm4--4l78 Cemtkry 6t6m4-67SJ FAxn26-S6l7 Civil Strvice 616/72~6716 FAxnlU790 Clerk 616/724-6705 FAX/724-4178 Comm. & Ntigh. Services September 8, 1999 &16n2.i.&111 FAxn26--2SOI En1ineering 6t6n24-6707 FAxn27-ti904 Mrs. Thomas Chong 272 Amity Financt 616nu.. 611J Muskegon,MI 49442 FAxn24-.6768 Fire Otpt. 616nl.f.679l RE: 573 Orchard FA xn24-498S lncomtTax: Dear Mrs. Chong: 616n2.i.6770 FAxnU..6768 Info. Systems Your recent request for an electrical permit is denied at this time. 616n2U?75 FAxnl<l.6768 This is due to the number of violations that are currently uncorrected at the Leisure Service property. 6t6n2,t..6104 FAxn24--6790 Further, the permit #99-3 94 issued on May 21, 1999 will be revoked \hnager's Office 6t6n24--6724 unless an inspection is called for within 7 days. This inspection is to show FAX/722 .. 1214 progress made under the permit. Mayor's Office 616/724·6701 FAX/722•1214 Failure to comply will result in the structure being sent to the City 1'\itdgh. & Const. Commission for concurrence with the Housing Board of Appeals. This will Services 616/724--6715 result in demolition proceedings for the property. FAXnlft..2S01 Planning/Zoning 6t6nH ..6702 If you have any questions, please contact me at 724-6765. FAxn24.. 6790 Police Dept. 616n24-6750 FAxnll .. 5140 Si~~-~Q, Public Works 616n24-4l00 FAxnU .. 4188 1bert B. Grabinski Treasurer Fire Marshal/Inspection Services 616n?4--6720 FAXn24-6768 c. file Waler Dept. 616n?4-67L8 FAxnl-4-6768 \\ urr Filtracion 616n24-~106 F \.'(, 15~~290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 \ffirm1.tive Action 6!61iU-6"03 FAX1122-tll4 .\s.scs1or 616172+6708 FAX172+4l78 Cemdtry 616nZ+-678J FA.'<nl:6-5617 Ci.,.il Strvict 6t6n2+6716 FA:<nU-6790 Clerk 6l6n24-6705 FAxn:z4--4t78 Comm. & Neigh. Services 616nU-67l7 FAxn26-2501 Engineering 616n24-6707 FAX1727-6904 Finance December 13, 1999 6t6n:Z4-6713 FAX/724-6768 Fire Dept 6t6n2.i-6192 Chong Thomas FAX/724-6985 272 Amith Income Tax Muskegon, Mi. 49442 616/724-6170 FAX1724-6768 Dear Property Owner: Info. Systems 616/724-6975 FAX/724-6768 Subject: Dangerous Building Case #99-14 - 573 Orchard Lei.sure Service 6(6/724-6704 The Muskegon Housing Board of Appeals tabled Case #99-14 - 573 Orchard until the FA\/724-6790 February 4, 2000 meeting in order to allow time for an inspection of the progress on this \!anager'.s Office 6\61724-6724 property and a timetable for completion submitted. Please set up an inspection with the F.-\\/722-1214 Inspection Services Office (724-6758) as soon as possible. \la)or's Office 616/724-6701 Sincerely, rj~-~, F.\.\'..'722-1214 ,'icigh. & Const. Sen-ices 6!6/724-6715 FAX/726-2501 Robert Grabinski Planning/Zoning Fire Marshal/Inspection Services 616/724-6702 FA\.1724-6790 Police Dept. 6!6/724-6750 FAX/722-5140 Public Works 616/724-4100 FAX/722-4188 Treasurer 616112.l-6720 FA\/724-6768 \\ 1ter Oepl. 616/724-6718 FA.'\/1H-6768 \\ J"r Filtration (,\(, ~2+--4106 r,, ~_c;~_c;2w City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon, Ml -19-1-13-0536 \f1irmJl1\~ \,;ti,in /ilh .,!-1•6 .. l/J -~-6-•JU b\6. .,:U--6.,08 I-" \X:7H•6768 Cemetery 6I6f724-678J F..\Xn22--1188 Ci,il Sen ice 616n2.1--67t6 F.-\X/724-6790 West Mlcblpn's Sborelloo aty-= Clerk 616n24-6705 CITY OF MUSKEGON F.-\X/724--1178 Comm. & Neigh. NOTICE OF HEARING ON Sen·ices 6161724-6717 DANGEROUS AND UNSAFE CONDITIONS F.-\X/726--2501 Engineering 616/72-1-6707 FAX1724-6790 DATE: January 25, 2000 Finance 616/72-1-6713 F.-\~72-1-6768 TO: Chong Thomas Fire Dept. 616/72-1-6792 SUBJECT: Review Dangerous Building Case #99-14- 573 Orchard F.-\X/72-1-6985 Income Tax 616/7H-6770 F.-\X/724-6768 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City of Muskegon will be held on February 3, 2000 at 5:30 p.m. at the Muskegon City Hall Info. Systems 616(72-1•6975 Commission Chambers on the first floor. Said hearing will be for the purpose of F.-\X/72-1-6768 determining whether the structure should be demolished or otherwise made safe. Leisure Sen;ice 616/7,:?-1-670-1 Officials from the Inspection Services Department have inspected the structure and it is F.-\X/724-6790 alleged that it has defects as listed on the attached page(s). \hnager's Offke 016:n-1-61:u F.\X/~2-1-6790 The defects are violations of Section 4-23 of the Muskegon City Code, which defines .\h~or's Orrice dangerous buildings . 6\6172-1-6701 F \X/"Tl-1-6790 At the hearing, the Inspection Services Department will present testimony regarding the .,l'i!:h. & Const. alleged defects. You are advised that you or your represent,1\ive may cross examine the Sen ices 616/7..?-l.6715 City's witnesses and you may present testimony in your own behalf and call witnesses in F -\ \;./7 2-1·6 790 your own behalf. We encourage you to attend the meeting since it is always better if i'bnning/Zoning someone is available to answer any questions the Board may have. 616/7:U-670..? FAX/72-H790 Inspection Services Police Dept. 616/724-6750 City of Muskegon F.-\X/722-51-10 Public Works 616/72-1--1 I00 F.-\X/722--1188 Treasur~•r 616/72-1-6720 F.-\X/7..?-1-6768 \\ aler Depl. 616/72-1-6718 F \\..'"H-6.,68 \\ at,.-r Filtration t>lb .,!-1-Ht\6 ~ \ \ -~~'.-!~U Cit) of .'\luskegon. 933 Terrace Street. P.O. Bo, 536, Muskegon. 1\11 49443-0536 I \ffirm,Jli\c .-\t:lion 616 72--1•6703 \.-.st'SSOr 61fu72H708 Cemetel')o 6 l6172-1-6783 Cl..,11 Service Wftlt MktlJ&an's ShoreJlne Oty 616/720-6716 MUSKEGON HOUSING BOARD OF APPEALS Clerk 616172--1-6705 DATE: February 7, 2000 CASE: #99-14- 573 Orchard C. '.Ii. Services 616172+67 I7 Chong Thomas 272 Amity Muskegon, Mi. 49442 Engineering 616172-1-6707 FINDING OF FACTS AND ORDER • Finance 616:72--1-6713 The following action was taken at a session of the Muskegon Housing Board of Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the February 3, 2000 Fire De-pl. The Neighborhood and Construction Services Department of the City of Muskegon, having 616172-t.6792 inspected the building structure located upon the property described as W 55 Ft. ofE 110 Ft. of S 155 Ft. o N 188 Ft, Lot 19, Block 49 also known as 573 Orchard found the Income Tax 6l6172-1-6770 conditions listed on the attached pages exist and that these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances. lnspeclions 616-72-1-6715 The Board further found that these conditions exist to the extent of endangering life, safety and the general welfare of the public. l.t•i:;urt' Sen kl' 616 72--1-67/J.I Therefore. in accordance with Section 4-25 of the Code of Ordinances. the structure is declared to be unsafe, substandard and a public nuisance. \l;rn,11.wr":- <Jffirl' Ii Hi 7:n!i/2-1 It is, therefore, ordered that the owners or other interested parties take such action to repair or remove said structure, or appeal this order within 20 days of the receipt of this order. \la~or's Offitr fil!i 72-t-6701 It is further ordered that if the owners or other interested parties fail to repair or remove said structure, or appeal this order within 20 days of the receipt of this order. the Building l'ltmnlng1Zoning 6!6172-H702 Official shall take bids and remove said structure. Pol1ce Dept. 6\6172--1-6750 Public Works 6161726--1786 Tn•a:-urer 6 \6, 72-1-6720 \\ ,Iler Dl'pl li!ti ;2~-67 l!l Cit, of \luske~on. 9:l:_l TerrJce ~trt't't. PO R<1, 536. \lu,kegon. \lichigJn-19-1-130536 MUSKEGON HOUSING BOARD OF APPEALS FEBRUARY 3, 2000 -"""this case for 30 days so the Mr. and Mrs. Smith can me:~ffflh · etable of completion. A roll call vote w·"li,jllll<l'' AYES: ABSENT: Greg Borgman Fred Nielsen William Anderson Randy Macki JohnW • #99-14-573 ORCHARD- CHONG THOMAS, 272 AMITY, MUSKEGON Chong Thomas was not in attendance at the time her case was discussed. Randy Mackie made a motion, supported by John Warner, to declare the building to be unsafe, substandard, a public nuisance and forward to the City Commission for concurrence. A roll call vote was taken: AYES: NAYS: EXCUSED: ABSENT: Greg Borgman Clint Todd Fred Nielsen Robert Johnson William Anderson Randy Mackie John Warner The motion carried. #00- - 1688 TERRACE - CRAIG/MURRAY VANDERSTELT, 1459 TERRACE This case was re ed from the agenda because a~---- schedule was agreed upon with a completion date of 7 00. NEW CASES: N, 485 W. CARR ROAD Pamela Warren did Staff recomme ion is to declare the building unsafe, substan a public nuisance and forward to the City Commission for concurrence. Randy Mackie, pported by John 3 AGENDA Item No. - - - MUSKEGON CITY COMMISSION MEETING - April 25, 2000 To: Honorable Mayor and~,,Gi'J- Commissioners From: Planning Department \:0 Date: April 18, 2000 Subject: Amendment to the Vegetation ordinance and grass mowing notification policy SUMMARY OF REQUEST Adopt amendments to section II of the Noxious Weed and Vegetation Ordinance changing notice requirements and lowering the height limit for noxious vegetation. The primary objective is more timely maintenance of prope1ty and to prevent excessive monitoring of properties. FINANCIAL IMPACT Savings in staff in mailing obligations. BUDGET ACTION REQUIRED none RECOMMENDATION Adopt amendments to the vegetation ordinance and adopt the grass mowing notification policy attached. RESOLUTION# MUSKEGON CITY COMMISSION RESOLUTION TO ESTABLISH A NEW NOTICE POLICY FOR NOXIOUS WEEDS AND SEASONAL MOWING WHEREAS, the City of Muskegon is a connnunity of neighborhoods, and; WHEREAS, community pride is a critical component of neighborhood health, and; WHEREAS, prope1ty maintenance standards are a reflection of community pride, and; WHEREAS, well maintained prope1ty promotes pride, enhances prope1ty values, curbs blight, and prevents health hazards, and; WHEREAS, a clear message of responsibility and pride in the community must be set as a minimum standard, and; WHEREAS, notifying property owners of such standards is necessary but should not be incessant; NOW, THEREFORE, BE IT RESOLVED that the following policy is hereby established for noxious weed and grass mowing notices during the mowing season: 1. Certified mail shall not be used. First class letters shall no longer be sent in mass notifying property owners that their prope1ty needs mowing attention, as this practice is costly, not required by state law, and tends to promote mediocre property maintenance. Selective first class mail may be used in questionable cases. 2. Each year, in the month of March, a Chronicle newspaper notice shall be placed pursuant to City ordinance notifying residents of their maintenance responsibilities according to the ordinances of the City of Muskegon. 3. A notice shall also be printed in the spring addition of the City's newsletter, the Channel, which goes to all occupants of the city. 4. As pmt of the neighborhood grant program, each neighborhood association will be supplied with the notice early March and be asked to place it in their respective newsletters. 5. The notice shall be sent to the Muskegon Landlord's Association. 6. Notice will be sent for the year 2000 season only to all out-of-town landowners on record with the City of Muskegon. For each yem· thereafter, notice shall only go to new out-of-town property owners of record. 7. For the year 2000 season only a postcard will be sent to those properties that were sent violation letters in the 1999 season notifying them of the change in procedures. 8. Notice progrmns for absentee owners may be set up by the department administering the noxious weed ordinance for a fee to be set by City Commission. Adopted this 25 11 day of April, 2000. Ayes: Nays: Absent: By_ _ _ _ _ _ _ _ _ _ __ Fred J. Nielsen, Mayor Attest - - - - - - - - - - - - - Gail A. Kundinger, Clerk MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance amending Article II of the Noxious Weed and Vegetation Ordinance of the City to change notice requirements and lower the height limit of noxious vegetation. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Article II of the Noxious Weed and Vegetation Ordinance of the City of Muskegon is hereby amended as follows: Sec. 22-14. Defined. For the purpose of this article, the term "noxious weeds and vegetation" shall mean and include Canada thistles, dodders, mustards, wild carrots, bindweeds, perennial sow thistles, ragweed, poison ivy and poison sumac. Such term shall also include grass more than eight (8) inches in height, dead bushes, dead trees and stumps and bushes and trees infested with dangerous insects or infectious diseases. Designated natural areas, native dune vegetation and bona-fide, maintained wildflower plantings may not be considered noxious. Sec. 22-15. Legislative determination; purpose of article. It is hereby determined that noxious weeds and vegetation, growing, lying or located on private land in the city, affect and are detrimental to the health, comfort, convenience, safety, welfare and prosperity of the residents of the city. The necessity, in the public interest, for tl1e provisions and prohibitions are enacted in pursuance of and for the purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the city and its inhabitants. Sec. 22-16. Declared to be nuisance. All noxious weeds and vegetation growing, lying, or located on any land within the city are hereby declared to be a public nuisance. (Code 1958, § 8-1002) Sec. 22-17. Designation and general duties of commissioner. The City Manager shall appoint a commissioner of noxious weeds m1d vegetation, who shall superintend the control and eradication of noxious weeds and vegetation. Assignment of I staff to monitor noxious weeds on public and private property may also be delegated to appropriate departments in the City. (Code 1958, § 8-1003) State law reference - Authority to appoint commissioner of noxious weeds, MSA § 9.631(1). Sec. 22-18. Notice to destroy and remove-Publication. The City shall publish in a newspaper of general circulation in the city dming the month of March that noxious weeds and vegetation, as defined in this ordinance, not cut during the growing season, namely April 15 th tln·ough October 15 th of the given year, may be cut by the City and the owner of the property charged with the cost thereof. The publication shall contain the following information: I) That noxious weeds, grass more than eight (8) inches in height, dead bushes, dead trees and stumps and bushes and trees infested with dangerous insects or infectious diseases must be th cut and removed from prope1ty during the growing season, namely April I 5 through October 15 th of the given year. 2) That if the owner, agent or occupant refuses to destroy the noxious weeds, the City or its contractor may enter upon the land and destroy them and remove them. 3) That any expense incurred in the destruction shall be paid by the owner of the land and the City shall have a lien against the land for the expense, to be enforced as provided by this article or in the mam1er of enforcement of tax liens. 4) That any owner who refuses to destroy such material and remove it may be subject to a civil infraction. 5) That the City or its contractor may cut the weeds as many times as is necessary and charge the cost to the prope1ty owner. Unrecovered costs may be placed as a lien on the property and/or subject to collection proceedings. Such notice shall state that, for failing to comply with the notice, the City, through its commissioner of noxious weeds and vegetation, shall have the right to enter upon such lands and destroy and remove such noxious weeds or vegetation and the City shall have a lien upon such 2 lands for the expense and cost so incurred, which shall be levied and collected against the property in the same manner as general taxes. (Code 1958, § 8-1003) Sec. 22-19. Duty of property owner to destroy and remove. It shall be the duty of every owner or his authorized agent, of any lands in the city, to cut down or cause to be cut down, pulled out, destroyed and removed all noxious weeds and vegetation growing, lying or located on such lands, so as to prevent the same from perpetuating themselves or spreading infectious diseases, or becoming a detriment to public health, during the growing season as often as may be necessary to prevent them from blooming or reaching a seed-bearing stage or from spreading infectious diseases. If such owner, or his authorized agent, shall fail to do so, after notice as provided in section 22-18, he shall be in violation of this section. (Code 1958, § 8-1005; Ord. No. 1092, § 41, 8-22-95) Sec. 22-21. City exempt from action of trespass for entering private land to destroy and remove. The City or its contractor shall not be liable in any action of trespass for entering upon private lands for the pmpose of cutting down, destroying, or removing noxious weeds or vegetation. (Code 1958, § 8-1004) This ordinance adopted: Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Nayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Adoption Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Effective Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ First Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Second Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3 CITY OF MUSKEGON By: _ _ _ _ _ _ _ _ _ _ _ _~ Gail A. Kundinger, City Clerk 4
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