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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 11, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL MEETING TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• PRESENTATION:
• HONORS AND AWARDS:
• CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes CITY CLERK
b. Utility Franchise Ordinance. CITY CLERK
c. Purchase of 2101 Park Street - Seaway Industrial Park. PLANNING
& ECONOMIC DEVELOPMENT
d. Purchase Agreement. Westshore Pavilion. PLANNING &
ECONOMIC DEVELOPMENT
e. Grant Applications ( Laketon Ave. between Wood and Peck &
Black Creek Rd. between Sherman and Latimer) ENGINEERING
f. Concurrence with Housing Board Appeals Findings and Orders for
the following:
1) 1212 Jefferson
2) 1094 Williams
3) 696 W. Southern
4) 179 Delaware
5) 274 E. Larch
6) 1192 Maple
7) 328 Myrtle
8) 340 Walton
9) 1060 Williams
• PUBLIC HEARINGS:
a. Taxi Cab Rate Increase Request. CITY CLERK
b. Approval of Brownfield Plan Amendment. PLANNING &
ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT: Introduction of new employee{s).
• UNFINISHED BUSINESS:
a. Construction of 4 houses in Lakeside. PLANNING & ECONOMIC
DEVELOPMENT {From June 27th meeting)
• NEW BUSINESS:
a. Designation of Voting Delegates for MML Conference. CITY CLERK
b. Budgeted Replacement of Wheel Loader. DPW
c. Zoning Ordinance Amendment to allow Front Yard Parking under
certain conditions. PLANNING & ECONOMIC DEVELOPMENT
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with Cify Clerk.)
• CLOSED SESSION: To discuss pending litigation.
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Commission Meeting Date: July 11, 2000
Date: June 29, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development UJ(/
RE: Purchase of 2101 Park St.• Seaway Industrial Park
SUMMARY OF REQUEST:
To purchase property located at 2101 Park Street pursuant to the City of Muskegon
goal of creating the Seaway Industrial Park. This request is pursuant to a purchase
agreement signed by Ronald and Mary Moseley, 2101 Park Street, Muskegon,
Michigan on June 29, 2000. The purchase price is $43,000.
FINANCIAL IMPACT:
State of Michigan Urban Land Assembly funds will be used to purchase this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant approval of the attached resolution consenting to the purchase of 2101 Park
Street for the development of the Seaway Industrial Park.
COMMITTEE RECOMMENDATION:
None
6/29/2000
Resolution No. 2000 - 6 7 (cl
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING ACQUISITION OF PROPERTY AT 2101 PARK STREET FOR
$43,000
WHEREAS, the City of Muskegon and Ronald & Mary Moseley have entered into a purchase
agreement for property located at 2101 Park Street, Muskegon, Ml; and
WHEREAS, the purchase of property located at 2101 Park Street, Muskegon, Michigan, is
consistent with the City's goal to create the Seaway Industrial Park; and
WHEREAS, the City of Muskegon intends to utilize State of Michigan Urban Land Assembly
funds for the purchase of the subject property.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
purchase of property located at 2101 Park Street, Muskegon, Michigan for the amount of
$43,000.
Adopted this 11 th day of July 2000.
AYES: Aslakson, Niel sen, ·Schwei fler , Shepher d, Si er adzki, Spataro
NAYS: None
ABSENT: Benedict
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on July 11, 2000. ~a..JL ,..,_J
~&....,...__
· Gail Kundinger, Clerk d
6/29/00 2
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made J .-, '- 2 '\' 200_g_, by
and between Jlbl\,A ID L. Ch1>scfe and ro &e "l & M,~s:E
1 tr~ , husband and
wife, of 210 1 7,.,.._,~ <;,,. fv\-'>1<-·u.. 0,-..\, IM:L '-l"l '-l'i
Muskegon, Michigan 4944_j_ ("Seller"), and the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440
("Buyer").
1. General Agreement and Description of Premises. Seller agrees
to sell, and Buyer agrees to buy, marketable record title of real estate, and all
improvements thereon, with all beneficial easements, and with all of Seller's right,
title and interest in all adjoining public ways, the real property ("Premises"), in
the City of Muskegon, Muskegon County, Michigan, specifically described as:
The West 1/2 of Lots 1 & 2, and the East 84 feet of Lots 3 & 4 of Young
and Williams Addition.
subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are acceptable to Buyer upon
disclosure and review of the same, and subject to any governmental inspections
required by law.
2. Purchase Price and Manner of Payment. The purchase price for
the Premises shall be F~~'i -Tc+<<-'c.t. --r:. ...,.-°',,.,...D
($ ,1"'=,, cc::.o ) Dollars, payable in cash or city check to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are
due and payable at the time of Closing shall be paid by the Seller prior to or at
Closing. All taxes and special assessments which become due and payable
after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten
(10) days prior to closing, a commitment for title insurance, issued by
Transnation Title Insurance Company, for an amount not less than the purchase
price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed
unreasonable, the Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such
unmarketability of title, to remedy such objections. If Seller resolves such
restrictions and remedies the title (by obtaining satisfactory title insurance or
(otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If the Seller
fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be
terminated at the Buyer's option. The premium for the owners title policy shall be
paid by Buyer.
5. Personal Property and Fixtures. All personal property and
fixtures which the Seller wishes to remove shall be removed on or before
Closing. The parties are aware that the Buyer intends to demolish the house.
Any personal property which is left on the Premises shall be the property of
Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the
Premises, and Buyer or its surveyor or other agents may enter the Premises for
that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer
is relying solely upon Buyer's own judgment as to the location, boundaries and
area of the Premises and improvements thereon without regard to any
· representations that may have been made by Seller or any other person. In the
event that a survey by a registered land surveyor made prior to closing discloses
an encroachment or substantial variation from the presumed land boundaries or
area, Seller shall have the option of effecting a remedy within thirty (30) days
after disclosure, or tendering Buyer's deposit in full termination of this agreement,
and paying the cost of such survey. Buyer may elect to purchase the Premises
subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer
as follows:
To the best of Seller's knowledge, the Premises have been used
and operated in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management,
hazardous or toxic substances, and the protection of health and the environment.
Seller has not disposed of any hazardous or toxic substances on or
in the Premises and, to the best of Seller's knowledge, the Premises and the
groundwater beneath the Premises is free from environmental contamination of
any kind.
The Premises does not include any "underground storage tank," as
that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been
made again by Seller as of the Closing. Seller agrees to indemnify Buyer and
hold it harmless from and against any and all claims, demands, liabilities, costs,
expenses, penalties, damages and losses, including, but not limited to,
reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and
covenants set forth in this paragraph shall survive the Closing.
8. Condition of Premises and Examination by Buyer. NO
IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS
FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES
SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER
EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS,"
SUBJECT, HOWEVER, TO THE EXPRESS COVENANTS, CONDITIONS
AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT; ALSO SUBJECT TO THE WARRANTY OF SELLER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES.
BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THE BUILDINGS AND IMPROVEMENTS THEREON.
9. Real Estate Commission. Seller shall be solely responsible for
any real estate commission or expenses of a broker or real estate consultant
retained, employed, or utilized by Seller. Seller agrees to indemnify
and hold the Buyer harmless from any liability, including reasonable
attorney fees, occasioned by reason of any person or entity asserting a
claim for such real estate commission or expenses arising from this
transaction.
10. Closing. The closing date of this sale shall be on or before
_J --" I'-/ , 2000 ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon,
Ml 49444. The parties shall execute an IRS Closing Report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a warranty deed
to Buyer at Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an
executed Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to
Buyer by Seller no later than acr~1;,,.r,.. 1'-l Zcl:Jtl.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax
in the amount required by law. Seller shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent
required by this Agreement. Buyer shall pay for the cost of recording the
warranty deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the
parties.
c. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
d. Successors. All terms and conditions of this Agreement shall be
binding upon the parties, their successors and assigns.
e. Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision(s) had never been
contained herein.
f. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for herein shall survive the Closing and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
g. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day
and year first above written.
WITNESSES: BUYER: CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ __
Fred J. Nielsen, Mayor
By _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
SELLER:
!/
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Hackley Avenue
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Date: July 11, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Grant Applications
SUMMARY OF REQUEST: Your permIssIon to submit two TEDF
Category F grant applications to improve the following projects:
1. Laketon Ave. between Wood & Peck (milling & resurfacing)
2. Black Creek Rd., Sherman to Latimer (milling & resurfacing)
The amounts requested in the applications are $150,000 for each of the
above mentioned projects.
FINANCIAL IMPACT: The total estimated cost for Laketon is $370,000
of which about $220,000 would be the local match, and the total
estimated cost for Black Creek Rd. is $400,000 of which $250,000
would be the local match.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize the submittal of the grant
applications.
Date: July 11, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk cf
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, June 27, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 11, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 11, 2000.
Mayor Nielsen opened the meeting by introducing Reverend Bass, Pastor of First
Baptist Church on Woodland Park, Biteley, Michigan. Reverend Bass offered 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 Aslak-
son, Clara Shepherd, Lawrence Spataro
Excused: Commissioner Jone Wortelboer Benedict
Tardy: Commissioner Robert Schweifler (arrived at 5:40 p.m.)
HONORS AND AWARDS:
Mayor Nielsen announced that Gail A. Kundinger, City Clerk for the City of
Muskegon has been accepted as the 421 s1 member into the Second Level Member-
ship of the International Institute of Municipal Clerks Master Municipal Clerk Acad-
emy.
2000-067 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.
c. Purchase of 2101 Park Street- Seaway Industrial Park.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To purchase property located at 210 l Park Street pursuant
to the City of Muskegon's goal of creating the Seaway Industrial Park. This request is
pursuant to a purchase agreement signed by Ronald and Mary Moseley, 2101 Park
Street, Muskegon, Michigan on June 29, 2000. The purchase price is $43,000.
FINANCIAL IMPACT: State of Michigan Urban Land Assembly funds will be used to
purchase this property.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant approval of the attached resolution consent-
ing to the purchase of 210 l Park Street for the development of the Seaway Industrial
Park.
e. Grant Applications (Laketon Avenue between Wood and Peck &
Black Creek Road between Sherman and Latimer)
ENGINEERING
SUMMARY OF REQUEST: Your permission to submit two TEDF Category F grant ap-
plications to improve the following projects:
1. Laketon Avenue between Wood & Peck (milling & resurfacing)
2. Black Creek Road, Sherman to Latimer (milling & resurfacing)
The amounts requested in the applications are $150,000 for each of the above
mentioned projects.
FINANCIAL IMPACT: The total estimated cost for Laketon is $370,000 of which
about $220,000 would be the local match, and the total estimated cost for Black
Creek Road is $400,000 of which $250,000 would be the local match.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize the submittal of the grant applications.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
items (c) and (e) of the Consent Agenda.
ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
Excused: Benedict
ADOPTED
JULY 11, 2000 2
2000-068 ITEMS REMOVED FROM CONSENT
a. Approval of Minutes
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission meet-
ing that was held on Tuesday, June 27, 2000.
FINANCIAL IMPACT:None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to ap-
prove the minutes of the Regular Commission meeting with the change of Commis-
sioner Shepherd being excused rather than absent.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Excused: Benedict
ADOPTED
b. Utility Franchise Ordinance.
CITY CLERK
SUMMARY OF REQUEST: Adoption of an ordinance for Quest Energy utility franchise
within the City of Muskegon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Vice Mayor Sieradzki, second by Commissioner Shepherd to approve
the adoption of an ordinance for Quest Energy utility franchise within the City of
Muskegon.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen
Nays: None
Excused: Benedict
REQUIRES SECOND READING
d. Purchase Agreement, Westshore Pavilion.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Ferguson Enterprises, Inc., Newport News, Virginia, has
submitted a purchase agreement to buy approximately 5.5 acres of the former
Westshore Pavilion site located at the corner of Getty and Nims Streets. The pro-
posed use is retailing and wholesaling of home improvement products, notably
plumbing, heating and cooling supplies. The purchase price is $55,000, which is con-
sistent with an appraisal conducted in 1999. In March 2000, the Planning Commission
JULY 11, 2000 3
approved a Planned Unit Development concept for the subject site. The preliminary
site plan submitted by Ferguson Enterprises is generally consistent with the P.U.D.
concept. However, if the purchase is approved by City Commission, Ferguson Enter-
prises must obtain Planning Commission and City Commission approval of site plans
before beginning construction. It is estimated that this development would be ap-
proximately 20,000 square feet and would result in private investment of $1,340,447 as
well as the creation of 17 new permanent full-time jobs.
FINANCIAL IMPACT: Certain additional real and personal property taxes as well as
additional income taxes will be collected by the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution selling 5.5 acres of the former
Westshore Pavilion to Ferguson Enterprises, Inc.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to ap-
prove the purchase agreement with Ferguson Enterprises, Inc. to buy approximately
5.5 acres of the former Westshore Pavilion site located at the corner of Getty and
Nims Streets.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: None
Excused: Benedict
ADOPTED
f. Concurrence with Housing Board Appeals Findings and Orders for
the following:
1) 1212 Jefferson
2) 1094 Williams
3) 696 W. Southern
4) 179 Delaware
5) 274 E. Larch
6) 1192 Maple
7) 328 Myrtle
8) 340 Walton
9) 1060 Williams
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 are public nuisances and that they be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demoli-
tion of the structures and that the Mayor and City Clerk be authorized and directed
to execute contracts for demolition with the lowest responsible bidders.
FINANCIAL IMPACT: (179 Delaware) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: ( 179 Delaware) None
JULY 11, 2000 4
STAFF RECOMMENDATION: (179 Delaware) First contact with the owner was when
a Notice and Order was sent out and posted on March 28, 2000. No repairs were
made and the housing board of appeals heard the case on May 4, 2000. The owner
was not present and the board declared the structure as dangerous. See notice and
order dated March 28, 2000, finding of facts dated May 9, 2000, and a copy of the
boards May 4, 2000 meeting minutes.
According to the title search, 1999 County taxes are due in the amount of $420.59
plus penalties and interest.
The estimated cost to repair the structure is: $8,000.00.
FINANCIAL IMPACT: (274 E. Larch) The cost of demolition will be paid with general
funds.
BUDGET ACTION REQUIRED: (274 E. Larch) None
STAFF RECOMMENDATION: (274 E. Larch) A notice and order was sent out on
March 17, 2000. On April 6, 2000, the Inspections Department received a phone call
from Mrs. Susan Willea, the owner, who stated that the courts took the property when
they filed bankruptcy a long time ago. She was asked the name of the attorney who
pleaded the case. Ms. Willea stated that it was Ms. Janet Johnson. Jerry McIntyre
called Ms. Johnson regarding this case. Ms. Johnson stated that it was a very old
case and the courts did not take the property. The property was still owned by Susan
and Christopher Willea. Jerry called Mrs. Willea back and told her what Ms. Johnson
said. Mrs. Willea stated that Christopher and herself had no interest in the property
and that the city could have it. Jerry informed her that we would still send her letters
because she is the last known owner. The case was discussed at the Housing Board
of Appeals on May 4, 2000 where the board declared the structure(s) dangerous.
See the Finding an Facts and Order dated May 9, 2000 and a copy of the meeting
minutes pertaining to this case. It is the staff's recommendation to grant permission
to demolish the structure(s) located at 27 4 E. Larch.
Estimated cost to repair: $12,000.00.
FINANCIAL IMPACT: (340 Walton Ave.) The cost of demolition will be paid with
budgeted CDBG funds.
BUDGET ACTION REQUIRED: (340 Walton Ave.) None
STAFF RECOMMENDATION: (340 Walton Ave.) On June 24, 1999 a dangerous
building inspection was conducted. A notice and order was sent out on June 28,
1999. On October 7, 1999 Bob Parker sent a repair list for the violations all repairs
were to be ready for inspection on October 18, 1999. On November 4, 1999, the
Muskegon Housing Board of Appeals discussed the case and forwarded it to the City
Commission for concurrence in demolition. On November 8, 1999 Bob Parker applied
for a permit. On May 11, 2000 Henry Faltinowski did an interior inspection that re-
vealed much disrepair.
The estimated cost of repairs: $18,000.00.
JULY 11, 2000 5
Motion by Commissioner Schweifler, second by Commissioner Aslakson to concur
with the Housing Board of Appeals to demolish 179 Delaware, 274 E. Larch and 340
Walton within 30 days.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Schweifler, Shepherd
Nays: None
Excused: Benedict
ADOPTED
FINANCIAL IMPACT: (1212 Jefferson) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: ( 1212 Jefferson) None
STAFF RECOMMENDATION: (1212 Jefferson) This property had a fire in the base-
ment on October 16, 1998. A police report was issued to the Inspections Department
on February 13, 1999 and a Board up Letter was sent on February 13, 1999. A Notice
and Order was sent out on June 18, 1999. The case was discussed at the Housing
Board of Appeals on August 5, 1999. An audiotape of the meeting can be obtained
in the Inspections Department.
According to the title search done in June of 99, County taxes are due for 1995,
1996, 1997, 1998 and 1999. Special assessment due to the City of Muskegon as well.
Please see Title Search page for taxes and special assessments.
The estimated cost to repair the structure is $11,000.00
Commissioner Aslakson left the room at 7:25 p.m.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer this
item back to staff for 30 days or until the Regular Commission meeting on August 8,
2000.
ROLL VOTE: Ayes: Spataro, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
Excused: Benedict
Absent: Aslakson
ADOPTED
FINANCIAL IMPACT: (1094 Williams) The cost of demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (1094 Williams) None
STAFF RECOMMENDATION: (1094 Williams) A dangerous building inspection was
conducted April 26, 1999. The owner of this property is Larry Robinson. A Notice and
Order was mailed out April 27, 1999. At the July 1, 1999 meeting of the Housing Board
of Appeals the structure was found to be unsafe, substandard, a public nuisance
and that the case be sent to the City Commission for concurrence.
The estimated cost of bringing the property into compliance with City codes is
$12,000.00.
JULY 11, 2000 6
Attached are copies of the dangerous building inspection, notice and order and
the finding of facts and order of the July l, 1999 meeting of the Housing Board of Ap-
peals.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur
with the Housing Board of Appeals to demolish the structure at 1094 Williams within 30
days.
ROLL VOTE: Ayes: Aslakson, Schweifler, Shepherd, Spataro
Nays: Nielsen, Sieradzki
Excused: Benedict
ADOPTED
FINANCIAL IMPACT: (696 W. Southern) The cost of demolition will be paid with
Budgeted CDBG funds.
BUDGET ACTION REQUIRED: (696 W. Southern) None
STAFF RECOMMENDATION: (696 W. Southern) This property is owned by Ed
Houghtaling. An original inspection was done August 1998. This property has had 8
default judgments. The property was occupied while posted. Last posted July 30,
1999. No progress had been made on correcting the violations and a Dangerous
Building inspection was conducted on March 27, 2000. A Notice and Order was sent
on March 28, 2000. There has been no contact with the owner and no progress
made. The case was brought to the Housing Board of Appeals on May 4, 2000. A
finding of facts went out on May 9, 2000. Copy of Meeting Minutes is attached. Staff
recommends demolishing the structure(s) at 696 W. Southern Ave.
Estimated cost for repairs: $10,000.00
Motion by Commissioner Aslakson, second by Commissioner Spataro to concur
with the findings of the Housing Board of Appeals and demolish the structure at 696 W.
Southern Ave.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: Sieradzki
Excused: Benedict
ADOPTED
FINANCIAL IMPACT: (1192 Maple) The cost of demolition will be paid with general
funds.
BUDGET ACTION REQUIRED: ( 1192 Maple) None
STAFF RECOMMENDATION: (1192 Maple) A Final Notice to Repair was sent on
February 29, 2000. A memo was received from Quincy R. Tyler, Operations Manager
of Service USA, Inc. in Sterling, VA. Mr. Tyler requested an extension of 7-10 days to
remove the tenants and/or squatters. The property was in foreclosure and it would
be final on March 3, 2000 when Huntington Bank would have the title and be able to
correct the violations. A Dangerous Building Inspection was conducted on March 6,
2000 which revealed the items listed on the report. A Notice and Order was sent to
Huntington Bank on Mary 10, 2000 to Repair or Demolish the structure in 30 days. On
JULY 11, 2000 7
May 11, 2000 the Finding of Facts and Order was faxed to Tony Huffman at Remax
after receiving a call from him stating that he was the representative for the property.
Mr. Huffman was given until June 9 to repair or remove the structure or the case
would be brought to the City Commission. To this date no progress has been made.
It is the Staff's recommendation to demolish the structure.
The estimated cost to repair: $5,000.00.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to concur
with the Housing Board of Appeals but to deny action for 30 days to give Huntington
Bank time to file a timetable.
ROLL VOTE: Ayes: Nielsen, Schweifler, Sieradzki, Aslakson
Nays: Shepherd, Spataro
Excused: Benedict
ADOPTED
FINANCIAL IMPACT: (328 Myrtle) The cost of demolition will be paid with Budgeted
CDBG funds.
BUDGET ACTION REQUIRED: (328 Myrtle) None
STAFF RECOMMENDATION: (328 Myrtle) A dangerous building inspection was con-
ducted on February 2, 1999. The owner is Marva Knight. A notice and order was sent
on February 12, 1999. On February 16, 1999 a work schedule was submitted and on
April 16, 1999 a building permit was issued. Since then there has been no contact
with the owner. Upon reviewing the file, a letter was sent to the owner on March 2,
2000 advising the owner to contact Jerry McIntyre. Ms. Knight appeared in the In-
spection Dept on March 27, 2000 and was referred to Ardyce Haken for help through
the CDBG programs. Ardyce could not help Ms. Knight due to the fact that there are
overdue taxes on the property. The Housing Board heard the case on May 4, 2000.
The Board forwarded the case to the City Commission but instructed Ms. Knight that if
she showed proof of her loan for repairs and had the repairs complete by June 2000
the case would not need to go to the Commission. No progress has been made.
The estimated cost of repairs: $25,000.00.
Motion by Commissioner Spataro, second by Commissioner Aslakson to concur
with the Housing Board of Appeals to demolish the structure at 328 Myrtle within 30
days.
ROLL VOTE: Ayes: Schweifler, Spataro, Aslakson, Nielsen
Nays: Shepherd, Sieradzki
Excused: Benedict
ADOPTED
FINANCIAL IMPACT: (1060 Williams) The cost of demolition will be paid with budg-
eted CDBG funds.
BUDGET ACTION REQUIRED: (1060 Williams) None
STAFF RECOMMENDATION: (l 060 Williams) A Dangerous Building Inspection was
conducted on May 13, 1999. A Notice and Order was first sent in June 1999. Upon
JULY 11, 2000 8
receipt of this order, Mr. Miles, the owner, wrote a note on the Dangerous Building In-
spection Report. According to the note, he agreed to do all repairs starting in July of
1999. All work was to be done by October of 1999. A Building Permit was pulled on
August 16, 1999. On December 10, 1999 Mr. Miles called the Inspections Department
and stated that he had a contract with Fredricks to start repairs after the New Year.
Mr. Miles was given until January 31, 2000 to complete repairs. There had been no
contact with the owner since then and there had been no progress made on repairs.
A Notice of Hearing was sent on March 23, 2000 and the case went before the
Housing Board of Appeals on April 6, 2000. Mr. Miles was not at the meeting. The
Board declare:::! it a dangerous building and forwarded to the City Commission for
concurrence. Mr. Miles stopped in the Inspections office on April 24, 2000. He insisted
that he had attended the meeting and wanted to appeal their decision. Bob
Grabinski told Mr. Miles that he could make his appeal at the City Commission meet-
ing on June 13, 000. He informed Mr. Miles that he had until then to complete repairs
but that the case would be discussed at the City Commission Meeting.
The estimated cost of repairs: $10,000.00.
Motion by Commissioner Spataro, second by Commissioner Aslakson to concur
with the Housing Board of Appeals and demolish the structure at 1060 Williams within
30 days.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Nielsen, Schweifler
Nays: Sieradzki
Excused: Benedict
ADOPTED
2000-069 PUBLIC HEARINGS:
a. Taxi Cab Rate Increase Request.
CITY CLERK
SUMMARY OF REQUEST: We have received a request from Port City Cab and Yel-
low Cab for an increase in Taxicab fares. The last time there was a change in rates
was November 10, 1998. The requested changes are as follows:
Current Rates: Flag Drop $1 .65 Proposed: $1.90
Each 1/ 10 .15 .175
Full Mile 1.50 1.75
Wait Time 12.00 12.00
Attached are copies of the rates in Grand Rapids and Kalamazoo.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the request for an increase in taxicab rates.
Gas prices have already dropped over $.25 per gallon since the request was submit-
ted, and other communities we have checked for rate structure have not increased
their rates.
JULY 11, 2000 9
The Public Hearing opened at 7: 16 p.m. to hear and consider any comments from
the public. Gail Kundinger, City Clerk gave an overview of the item. Craig Hall,
Manager of Port City and Yellow Cab Companies is in favor of the increase. Lora
Coffell, 914 E. Dale is in favor of the increase.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to close
the Public Hearing at 7:35 p.m. and to concur with staff to deny the request for an in-
crease in taxicab rates.
ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler, Shepherd
Nays: Sieradzki, Nielsen
Excused: Benedict
ADOPTED
b. Approval of Brownfield Plan Amendment.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution for the approval of the amend-
ment to the Brownfield Plan. The amendment will add Beacon Recycling,
lnc./Beacon Leasing ("Beacon") development to the existing Brownfield Plan, which
was approved by the City Commission on April 14, 1998.
FINANCIAL IMPACT: There is no direct financial impact to the amendment, al-
though the relocation and expansion of Beacon will add to the tax base of the City
of Muskegon.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution. The Brownfield Redevelopment Authority recom-
mended approval of the Plan to the City Commission, at their meeting on June 13,
2000.
The Public Hearing opened at 7:37 p.m. to hear and consider any comments from
the public. No comments were heard.
Vice Mayor Sieradzki left the room at 7:38 p.m.
Motion by Commissioner Aslakson, second by Commissioner Spataro to close the
Public Hearing at 7:39 p.m. and to approve the resolution of the amendment to the
Brownfield Plan.
ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: None
Excused: Benedict
Absent: Sieradzki
ADOPTED
CITY MANAGER'S REPORT:
Marcia Aslakson, President of the Civil Service Commission, introduced Herman
Harris the new Civil Service Director.
JULY 11, 2000 10
Mayor Nielsen thanked Lee Slaughter, Assistant City Manager, for filling in until Mr.
Harris was hired.
2000-070 UNFINISHED BUSINESS:
a. Construction of 4 houses in Lakeside.
PLANNING & ECONOMIC DEVELOPMENT (From June 27th meeting)
SUMMARY OF REQUEST: To approve the construction of two additional houses on
the parcel designated as map #24-30-34-429-006. Last month, the Commission ap-
proved the sale of the land to Bill Ingalls, II for two houses that will front Miner. After
careful consideration Mr. Ingalls decided to build two additional homes which will
front Harrison. All four lots will have dimensions of 72 feet x 102 feet.
FINANCIAL IMPACT: Construction of the additional two homes fronting Harrison will
generate additional tax revenue for the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Vice Mayor Sieradzki to approve the
construction of two additional houses on the parcel.
Amendment by Commissioner Aslakson, second by Commissioner Spataro to in-
struct staff to clarify the environmental status to the satisfaction of the City Attorney.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson
Nays: Nielsen, Schweifler, Shepherd
Excused: Benedict
FAILS
b. Sale of Four {4) Non-Buildable Lots to Habitat for Humanity.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of four non-buildable lots for the con-
struction of two (2) single family homes. The lots will be sold to Habitat for Humanity
for $6,000. Each of the proposed homes will have 66 feet of frontage and will include
the following amenities: brick; gabled roofs; front porches; shutters; and decorative
windows. As the lots are adjacent, noticeable differences in exterior design are a
condition of sale. Information regarding the impending sale of these lots has been
forwarded to the Jackson Hill Neighborhood Association. Financial information to
support the purchase was unavailable at the time agenda items were due, which
explains why this item was recently added to the agenda.
FINANCIAL IMPACT: Approval of the sale allows the property to be placed on the
city's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
JULY 11, 2000 11
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
mayor and the clerk to sign said resolution. Recommended by the LRC at their June
20 th meeting.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap-
prove the sale of four non-buildable lots for the construction of two single family
homes to Habitat for Humanity.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: Nielsen
Excused: Benedict
ADOPTED
2000-071 NEW BUSINESS:
a. Designation of Voting Delegates for MML Conference.
CITY CLERK
SUMMARY OF REQUEST: To designate voting delegates for the MML Annual Busi-
ness Meeting, September 28-30, 2000.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: To designate the Mayor as voting delegate and the
Vice Mayor as alternate voting delegate, as done in the past. It is my understanding
that both the Mayor and Vice Mayor will be attending the MML Convention.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to desig-
nate the Mayor as voting delegate and the Vice Mayor as alternate voting delegate
at the MML Convention.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen
Nays: None
Excused: Benedict
ADOPTED
b. Budgeted Replacement of Wheel Loader.
DPW
SUMMARY OF REQUEST: Approval to purchase one Cat 938G wheel loader from
Michigan Cat for $62,900.00.
FINANCIAL IMPACT: $62,900 from Equipment Fund.
BUDGET ACTION REQUIRED: None, $90,000.00 is budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Cat 938G wheel loader from
Michigan Cat.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to ap-
prove the purchase of one Cat 938G wheel loader from Michigan Cat for $62,900.00.
JULY 11, 2000 12
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler
Nays: None
Excused: Benedict
ADOPTED
c. Zoning Ordinance Amendment to allow Front Yard Parking under
certain conditions.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2316 (Storage of Vehicles) of
Article XXIII (General Provisions) of the Zoning Ordinance to add language to permit
parking of vehicles in the front yard, only under certain conditions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordi-
nance to include the proposed language in the districts described above. The Plan-
ning Commission recommended approval of the request at their May 24, 2000 spe-
cial meeting. The vote was unanimous.
Motion by Commissioner Aslakson, second by Vice Mayor Sieradzki to refer this
item back to staff.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: None
Excused: Benedict
ADOPTED
PUBLIC PARTICIPATION:
Steve Franklin, 2688 VanderBerg Rd., spoke regarding the fireworks.
Commissioner Sieradzki left the room at 9:10 p.m.
CLOSED SESSION:
Motion by Commissioner Aslakson, second by Commissioner Spataro to adjourn
to Closed Session at 9:12 p.m.
ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd
Nays: None
Excused: Benedict
Absent: Sieradzki
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Shepherd to return to
the Regular Commission Meeting at 9:51 p.m.
JULY 11, 2000 13
ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Spataro
Nays: None
Excused: Benedict
Absent: Sieradzki
ADOPTED
Motion by Commissioner Aslakson, second by Commissioner Shepherd to concur
with the City Attorneys recommendation on the three pending litigation matters dis-
cussed in Closed Session.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: None
Excused: Benedict
Absent: Sieradzki
ADOPTED
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 9:59 p.m.
Respectfully submitted,
~ Q - V.. _J,.-A~A )
Gail A. Kundin;~ c~~Jr;E
City Clerk
JULY 11, 2000 14
Date: July 5, 2000
To: Honorable Mayor and City Commission
From: Gail A. Kundinger, City Clerk iL
RE: Utility Franchise Ordinance - Quest Energy
SUMMARY OF REQUEST: Adoption of an ordinance for Quest Energy
utility franchise within the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: No recommendation.
Commission Meeting Date: July 11, 2000
Date: June 29, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cik-
RE: Purchase Agreement• Westshore Pavilion
SUMMARY OF REQUEST:
Ferguson Enterprises, Inc., Newport News, Virginia, has submitted a purchase
agreement to buy approximately 5.5 acres of the former Westshore Pavilion site
located at the corner of Getty and Nims Streets (see attached sketch). The proposed
use is retailing and wholesaling of home improvement products, notably plumbing,
heating and cooling supplies. The purchase price is $55,000, which is consistent with
an appraisal conducted in 1999. In March 2000, the Planning Commission approved a
Planned Unit Development concept (see attachment) for the subject site. The
preliminary site plan submitted by Ferguson Enterprises is generally consistent with the
P.U.D. concept. However, if the purchase is approved by City Commission, Ferguson
Enterprises must obtain Planning Commission and City Commission approval of site
plans before beginning construction. It is estimated that this development would be
approximately 20,000 square feet and would result in private investment of $1,340,447
as well as the creation of 17 new permanent full-time jobs.
FINANCIAL IMPACT:
Certain additional real and personal property taxes as well as additional income taxes
will be collected by the City of Muskegon.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution selling 5.5 acres of the former Westshore Pavilion
to Ferguson Enterprises, Inc.
COMMITTEE RECOMMENDATION:
None
6/29/2000
Resolution No. 2000-66(ctl
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING SALE OF A PORTION OF FORMER
WESTSHORE PAVILION, 716 NIMS STREET, TO FERGUSON
ENTERPRISES, INC.
WHEREAS, the City of Muskegon has ownership to the property known as the
former Westshore Pavilion, 716 Nims Street, Muskegon, Michigan; and
WHEREAS, Ferguson Enterprises, Newport News, Virginia has made a legitimate
offer to purchase the subject property; and
WHEREAS, both the Seller (City of Muskegon) and Buyer (Ferguson Enterprises,
Inc.) agree to the terms of the purchase as outlined in the attached
purchase agreement; and
WHEREAS, the purchase price of $55,000 is deemed to represent the market
value of the property based on an appraisal conducted by Stephen Nedeau,
a licensed real estate appraiser, and the current condition of the property
(noting all environmental contamination); and
WHEREAS, the redevelopment of the subject property is consistent with the
advancement of the public health, safety and welfare.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission
approves the sale of 5.5 acres of the property known as the former
Westshore Pavilion, 716 Nims Street to Ferguson Enterprises, Inc., for the
sum of $55,000.
BE IT FURTHER RESOLVED, that the Muskegon City Commission approves the
proposed purchase agreement for the transfer of 5.5 acres of the former
Westshore Pavilion and empowers the City Administration and City Attorney
to carry out the transaction.
6/26/00 2
(Westshore Pavilion, 7 16 Nims Street)
Adopted this 11 th day of July 2000.
AYES: Shepherd, Sieradzki , Spataro, Aslakson, Nielsen, Schweifler
NAYS: None
ABSENT: Benedict
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a
~200L .
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on July 11
~ J..,,_~g,;J
Gail Kundinger, Clerk
6/26100· 3
REAL ESTATE PURCHASE AGREEMENT
\ I/)
THIS AGREEMENT is made j t,' ,~ <:..__,x: \ , 2000, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and FERGUSON ENTERPRISES, INC., a Virginia
corporation, with its principal place of business located at 12500 Jefferson Avenue, Newport
News, Virginia 23602 [Attention, General Counsel] ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, free and
clear of all liens and encumbrances, with all beneficial easements, and subject to any restrictive
covenants, the real property located in the City of Muskegon, Muskegon County, Michigan
("Premises"), and specifically described as:
See annexed Exhibit A.
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 Fifty-five Thousand Dollars ($55,000), 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 ofrecord
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. Survey. Buyer, at its own expense, may obtain a survey oftl1e Premises, and
Buyer or its surveyor or other agents may enter the Premises for iliat purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
G:\COMMON\5\GTJ\C-RLESTIC-FERG.PA - 1-
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.
6. Limited Entry Prior to Closing. At all reasonable times prior to Closing,
Buyer, its agents, employees, designees, representatives and contractors (collectively "Buyer
Parties"), at Buyer's sole cost and expense, shall have the right to enter upon the Property to
perform such tests, inspections and examinations of the Property as Buyer deems advisable,
including soil and environmental tests, and to make investigations with regard to utilities
availability, zoning, and other applicable investigations with regard to the Property and the use
thereof. Buyer shall indemnify, defend and hold Seller harmless from and against all cost, loss,
damage and expense, including reasonable attorneys' fees, arising out of the activities of Buyer
and the Buyer Parties upon the Property pursuant to this paragraph. The preceding indemnity
obligation shall survive termination of this Agreement. Seller agrees to cooperate with Buyer in
Buyer's activities hereunder so long as Seller does not incur any out-of-pocket expense. In this
regard, Seller agrees to furnish Buyer with copies of all surveys, title policies, environmental
reports, etc., relating to the Property in Seller's possession or control. If Buyer determines that its
inspections, investigations and the like are unacceptable or unsatisfactory for any reason
whatsoever, Buyer may terminate this Agreement by giving Seller written notice thereof on or
before the date of Closing. If Buyer terminates this Agreement, neither party shall have any
further liability to the other under this Agreement, except as otherwise expressly provided in this
Agreement.
7. Environmental Matters. The property has been the subject of an
environmental investigation and regulatory action as required by or performed by the
State of Michigan. In part, or in whole, the property has been determined to be a
"facility," within the meaning of applicable statutes and regulations of the State of
Michigan. Seller shall not be responsible to Buyer for any claims, damages, expenses or
liabilities arising out of the environmental condition of the property. The obligations and
benefits of this section shall survive the closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
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.
G:\COMMON\5\GT J\C-RLEST\C-FERG.PA -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.
10. Closing. The closing date of this sale shall be on or before September 1,2000,
("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
Buyer may elect to postpone Closing in order to complete its Baseline
Environmental Assessment and Due Care Obligation Plan under Michigan's "brownfields"
environmental statutes as required to obtain a covenant not to sue from the State prior to Closing.
If Seller does not obtain "brownfields" assurances available to this property under Michigan Law
and in accordance with the status of the property under the City's Brownfield Authority and
proceed to Closing on or before December 31, 2000, either party may terminate this Contract by
written notice to the other; provided, however, that buyer may waive such "brownfields"
assurances and immediately proceed to Closing upon receipt of Seller's notice.
")
11. Delivery of Deed. Seller shall execute and deliver a covenant 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.
G:\COMMON\5\GT J\C-RLEST\C-FERG.PA -3-
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.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The patties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ _ __
Fred J. Nielsen, Mayor
By_ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Clerk
BUYER: FERGUSON ENTERPRISES, INC.
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EXCERPT FROM MARCH 2000, PLANNING
COMMISSION MINUTES
Case No. 2000-6 - Initial Planned Unit Development design for City-owned
property on Getty St. east of Restlawn Cemetery {former Westshore Pavilion
site) - Staff report was given by B. Moore. This is the result of the Planning
Commission's request to establish some design criteria for this piece of
property. Staff has outlined access points, landscaping, and buffering. If the
Planning Commission adopts this, future developers of the site need to
follow this base design. Staff recommends preliminary approval of the PUD
layout. Final plans will have to come to both the Planning Commission and
City Commission. The Planning Commission may also permit some
commercial uses as part of the development. There was some thought that
a portion of the site (near the Getty frontage) could be used for commercial.
A motion to close the public hearing was made by B. Smith, supported by P.
Veltkamp, and unanimously approved. A motion to approve the conceptual
PUD design for the former Westshore Pavilion site on Getty St., east of the
Restlawn Cemetery, as described in the public hearing, pursuant to the City
of Muskegon Zoning Ordinance, and the determination of compliance with
the intent of the City Master Land Use Plan and zoning district intent, based
on the condition that some limited business (B-1 and B-2 in nature) be
permitted on the Getty frontage but the bulk of the site shall be devoted to 1-1
uses, was made by P. Veltkamp, supported by B. Smith, and unanimously
approved.
To: Scott Sieradzki, City Commissioner
From: Bryon L. Mazade, City Manager tf;t;1j
·". ·cc: Mayor Nielsen & City Commissioners
Cathy Brubaker-Clarke, Dir. of Community & Economic Development
Mohammed Al-shatel, Acting City Engineer
Greg Flisram, Economic Development Coordinator
Date: January 22, 1999
Re: East Forest Extension
Recently you requested that staff consider the possibility of extending E. Forest from Getty to
the west side of the Westshore Pavilion property. The extension can be accomplished; -\
however, staff does not recommend doing so for the following reasons: , ,,
To: Bryon L Kazade I
'
From: Scott Sieradzki
Date: April 1, 1999
Re: East Forest Extension/Connection
Regarding the concept of the East Forest Extension, I wish to
share my perspective as the Ward I Commissioner representing
the citizens east of Getty. Basically, I was no~ in .
agreement with the arguments staff presented agai~st this
project, and therefore, in reference t~ your previous Memo,
I would like to respond to each accordingly:
Date: 05/07/99
Re: East Forest Extension
This is in response to your memorandum of April 1, 1999, regarding this matter.. You
raise several additional points to support your desire to see East Forest extended
from Getty to the West Side of the Westshore Pavilion property. First, let me say that
I agree with you that the proposed extension could be beneficial in several ways.
However, there are some potential detriments associated with the extension that I
previously pointed out and that come to mind as a result of your recent
communication. .
The following will attempt to address your points in the order you presented them: _
1) The extension would cut the Westshore Pavilion property into two pieces; one piece ,
(near Nims Street) would be too smallJor dElv_elopme11t purposes. _ _ . ________ _ · j
I would disagree with this statement, citing the
1)
split would still leave the smaller parcel with more than !
/1- ----
enough room to develop as an office, fast food restuarant,
or a park. I also believe that this new roadway and cleaned
up intersection would in fact make it more marketable to a
potential manufacturer, as they would now have extremely
better access to and from their property,
1) I agree that splitting the parcel might provide an opportunity for a smaller
development, but I suspect that any buildable amount would be reduced
significantly with required setbacks and parking. If the property is used as you
suggested, the City would have to create a small commercial zoned in
between two industrial zones. Most importantly though, I believe that
splitting the parking reduces the value of the piece left for industrial
development. '
2) Adding another intersection to Getty in such a close proximity to an exi~tin11,;,
intersection (Nims) would hinder the traffic flow and movement on Getty. ,, ._-..
2) My proposal calls for the elimination of Nims Street
access from Getty St. So in .fact, the complete opposite would
be true. This extension would actually solve the problem,
rectify the maze of dangerous approaches onto Getty Street.
2) I did not originally understand that your proposal included the vacation Nims
Street from Getty to Forest This might create an access problem for Inner
Space because they currently have access on Nims just west of Getty Street.
They would have to move their drive farther west near the new intersection of
Nims and E. Forest or gain a new curb cut onto Getty. Tlie curb cut onto
Getty might be problematic because of the site work (several trees_ are
between the building and Getty) that would have to be done on their property
to gain access to Getty. It would also place another curb cut on this busy
street.
~-ti'-· 3)
We would have to acquire or cross the old railroad right-of-way, which is owned by
the MDNR. We would not have eminent domain powers relative to this property jf,.
they refused access. =-
3) This contention can be most easily overcome by
addressing the key word "if". If the MDNR did not refuse
access this would be a moot point. This could also lead to
the acquisition of the entire railroad right-of-way which
would add additional property to the larger parcel.
~-~, 3) I agree with your statement regarding the MDNR property.
4) The extension would add traffic congestion in the residential area west of the
Westshore Pavilion property.
4) Again, I would disagree with this statement. The
only effect it would have on the residents going to and from
their homes would be that of added convienence and safety.
Any increase in traffic would be funnelled onto Nims Street
toward the downtown business district.
1do not have anything to add to my previous statement regarding the impact
4)
on the residential area.
5) There are other street priorities for the use of limited street funds.
5) There will always be other street priorities for
consideration. This suggestion only provides an opportunity
to address a unique situation, to think "out of the box"
as we take a proactive approach.
5) My previous statement was intended to simply interject the practicality of the
matter.
Some other additional benefits for the consideration of
further study include:
- the extension will provide much easier access for
Kuskeaon·s Bastside residents to and from the
City's downtown shoppina and entertainment district.
- it will provide easier access to and fron Muskegon -
~-7· Hiah School for students and buses crossina Getty St.
- provides easier access to Hackley Hospital· and
quicker response tine for police and fire
departments, translatinf into increased safety for
Bastside residents. · .
- Eliminates an extremely dangerous, inconvenient, and
congested intersection on one of the City's main
corridors.
Thank you for your time in reconsidering this matter. Please
respond accordingly.
----- - .,_ - -- -- - ---- - . -
The only other thing I would add is that I do believe that staff does come up creative
ways to solve issues. This is a case where several staff members have reviewed the
situation and do not believe the City should make the proposed changes. There are
pros and cons to what you have suggested. It clearly could be done, but it comes
'.\3,1"\ - down to detem,ining where the City should place its efforts.
I hope I have adequately addressed this issue. Please contact me if you have
questions or would like to discuss it further.
Date: May 30, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for Case # 00-25, aka, 179
Delaware
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 179 Delaware 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 demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
First contact with the owner was when a Notice and Order was sent out
and posted on 3/28/00. No repairs were made and the housing board of
appeals heard the case on May 4, 2000. The owner was not present
and the board declared the structure as dangerous. See attached
notice and order dated 3/28/00, finding of facts dated 5/9/00, and a copy
of the boards May 4, 00 meeting minutes.
According to the title search, 1999 County taxes are due in the amount
of $420.59 plus penalties and interest.
The estimated cost to repair the structure is: $8,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
•
Date: May 30, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for Case # 00-25, aka, 179
Delaware
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 179 Delaware 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 demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
First contact with the owner was when a Notice and Order was sent out
and posted on 3/28/00. No repairs were made and the housing board of
appeals heard the case on May 4, 2000. The owner was not present
and the board declared the structure as dangerous. See attached
notice and order dated 3/28/00, finding of facts dated 5/9/00, and a copy
of the boards May 4, 00 meeting minutes.
According to the title search, 1999 County taxes are due in the amount
of $420.59 Plus penalties and interest.
The estimated cost to repair the structure is: $8,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on June 13, 2000.
•:ffirmJthe Action
6161724-6703
FAXi72.f..6790
.-\ssessor
616f72.f..6708
F..\..'<.n2.f..6768
Cemetery
6t6n2-t-618J
FAxn22-4188
Civil Service
616n2-t-6716
F A.'. ; E::.h .:. Ur-~ -·· ~•-.: ~ F~r~:DNT
.. -, ,·•-.
:;:;; 1 ... ·T ·.:'.'. ·.. 'i" ,7.;.
.··-:··,-:::-:,
r::.
nnt:
MUSEq:~<,ON HOUSING BOARD OF APPEALS
~ J 2000 MEETING MINUTES
Case # 00-25 - 179 DELAWARE - STERLING BANK, SOUTHFIELD MI.
A&E INVESTMENTS, MUSKEGON MI.
_The owner of the property or a representative of the owner was not in attendance. Bob Grabinski
infonned the board that a Notice and Order was sent out on 3/28/00 and there has been no
contact with the owner since that date. The staff recommended to declare this building
substandard, unsafe, a public nuisance and forward to the City Commission for concurrence.
John Warner, supported by Rev. Anderson made a motion to accept the staff's recommendation
and forward the case to the City Commission for concurrence. A roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
William Anderson Greg Borgman
Randy Mackie Clinton Todd
John Warner
Fred Neilson
The Motion Carried.
Case #00-26 - 274 E LARCH - Suzanne & Chris Willea, 1850 SEMINOLE, MUSKEGON MI
Suzanne and/or Chris Willea or a representative was not in attendance at the meeting. Bob Grabinski
informed the board that a Notice and Order was sent on 3/20/00 to repair or demolish the structure (s)
within 30 days. Ms. Willea called the Inspections Department on 4/6/00 to let the staff know that she i
not the owner. She said the courts took it over in a bankruptcy case a few years ago. She said the
lawyer for the case was Janet Thomas. Jerry McIntyre called Ms. Thomas who said that the case in
question was a very old case and that the Court did not take the property. Mr. McIntyre called Ms.
Willea back to let her know that because of Ms. Thomas's statement that the Court did not take the
property, that she and Mr. Willea were still the owners and we are required to and will still send them
notification of the Dangerous Building Proceedings. Ms. Willea said that was fine but she and Mr.
Willea had no interest in the property at 274 E Larch and that the City of Muskegon could have it.
Since this conversation there has been no contact with the owner and no repairs or demolition of the
structure(s) located at 274 E Larch have been made. Grabinski then stated that the staff recornrnendec
to declare the structure(s) substandard, unsafe, a public nuisance and to forward to the city cornrnissio
for concurrence to demolish it. Mayor Nielson made a motion, supported by Rev. Anderson to accept
the staffs recommendation. A roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
William Anderson Greg Borgman
Randy Mackie Clinton Todd
John Warner
Fred Neilson
The Motion Carried.
5
.\'ffirmath·t .-\.:lion
!JI 724-6 .. 03
F..\X:722-1:?H
AH,..ssor
2Jl.i:U--6708
FAX1726-5181
Cemttery
231172.J.-67&3
FAX/i16-S617
Civil Senice
Blnl.J.-6716
FAXn14-4405
Clerk
231/724-6705
FAX/714-4178
MUSKEGON HOUSING BOARD OF APPEALS
Comm. & Neigh.
Services
231/724--6717 DATE: May 9, 2000
FAX.'716-1501
CASE: #00-25 - 179 Delaware
Engineering
231/714--6707
FAX/727-6904 A&E lnvestiments Sterling Bank & Trust
Finance
1050 W Western One Towne Square, 1ih FL.
2Jli724-6713 Muskegon Ml 49440 Southfield, Ml 48076
FAX/724-6768
Fire Dept. FINDING OF FACTS AND ORDER
23 l/724-6792
FAX/724-6985
Income Tax
The following action was taken at a session of the Muskegon Housing Board of
231/724--6770 Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon Ml on May 4,
FAX,724-6768
2000. The Inspection Services Department of the City of Muskegon, having
Info. Systems inspected the building structure located upon the property, described as S 50 FT
231/714--6744
fAX/722-4301 of LOT 8, BLK 255, also known as, 1349 Arthur found the conditions listed on
the attached pages exist and that these conditions are hazardous as defined in
Leisure Service
23li724--6704 Section 4-23 of the Code of Ordinances.
FAX/724-1196
;\tanager's Office The Board further found that these conditions exist to the extent of endangering
231/724-6724
FAX/722-1214 life, safety and the general welfare of the public.
~ta~or's Office
231.'724--6701 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the
FAX.'722-1114
structure is declared to be unsafe, substandard and a public nuisance.
Inspection Services
2311724--6715
FAX/726-2501
It is, therefore, ordered that the owners or other interested parties take such
action to REPAIR or REMOVE said structure within 30 days of the receipt of this
Phmnlng/Zonlng
231/724-6702 order, the Building Official shall take bids and remove said structure.
FAX/724-6790
Police Dept,
231/724--6750
FAX/721-5140
Public Works
231/724-4100
FAX/722.-4188
Treasurer
2311724-6720
FAxn14--6768
Water Bllllng Dept.
231/724-6718
FAX1724-6768
Water Filtration
231- 724-4106
FAX 755--5290
City of .\luskegon, 9JJ Terrace Street, P.O. Box 536, ~luskegon, Ml 494H-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
·•
\ffirmitivt Action
6 ! 6/1lU10J
fAXi7U-61'0
Ceatkry
6 I&nJ.4.4713
fA.'(JTlUIN
Civil Servi«
616/714-6116
F A.'(J114-6790
a ...•
616/724-6705
FAX/724-6768 DANGEROUS BUILIDING INSPECTION REPORT
Comm. & Nei&h.
Services 179 DELAWARE
616171~717
FAXJ714.6790 3/28/00
Encineerinc
6t6nl4.6707
FA.Xnl-4-6790
Inspection Noted:
Finance
6t6n24-671J
FAxnl-4-6768
1. Foundation wall on home in need of repair. Cracking block, separating block.
2. Rotting roof fascia board.
Firt Depl
6 ! 6nl4-6792 3. Rotting siding on home.
FAxnH-6985 4. Peeling paint on home.
Income Tu 5. Interior ceiling and wall repair needed.
6 t 6nl4-6770
f AXnl4-6768
6. Flooring in need of repair
7. Electrical repairs needed to code.
Info. Systems
6t6n:U-6975
fAX/724-6768 BASED UPON MY RECENT INSPECTION OF THE ABOVCE PROPERTY, I HAVE
Leisure Service
DETERMINED THAT HE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
6t6nU... 6704 BUILING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE.
f A,'{/724-6790
:'\h.n.ager's Office
6t6nl4-67H
F..t..X/724-6790 ·-
Mayor's Office
Hen!)! Faltinowski, Building Inspector
616nU-6701
FA:~!i290 Cit~ of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MUSKEGON HOUSING BOARD OF APPEALS
A.PRIL 6, 1080 MEETING MINUTES
- lnar's omce
616172..\·6724
Should you have any questions concerning this matter, please do not hesitate to contact our
Building Official, Jerry McIntyre at 724-6715.
\layor's Orrtce
616172-f.6701
Sincerely yours, r
Plannlng/Zontng
616172-1·6702
r.-~ - /')
~
Pollce Dept. Daniel Schmelzinger
6!6172·1-6750 Director, Neighborhood and Construction Services
Public Works
6161726·4786
Treasurer
6161724·6720
Water Dept.
6161724-6718
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536
MUSKEGON
~lrmalJve Action
~ or,la'724-6703
Assessor
616/724-6708
Cemetery
6161724-6783
Clvll Service West MlcbJgan's Sllorellne Oty
616/724-6716
CITY OF MUSKEGON
Clerk
616/724-6705 NOTICE OF HEARING ON
DANGEROUS AND UNSAFE CONDITIONS
C. N. Services
6 I61724-6717
DATE: June 16, 1999
Engineering
6 ! 6172-1-6707
TO: Larry Robinson
Finance
6161724 -6713 SUBJECT: Dangerous Building Case #99-22- 1094 Williams
Fire Dept.
6161724-6792
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Income Tax
616/724-6770
of Muskegon will be held on July 1, 1999 at 5:30 p.m. at the Muskegon City Hall
Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.
lnspecllo11s
6161724-6715
The structure has been inspected by officials from the Neighborhood and Construction
Services Department and it is alleged that it has defects as listed on the attached page(s).
Leisure Service
6161724-6704
The defects are violations of Section 4-23 of the Muskegon City Code which defines
Manager's Office
dangerous buildings.
6!61724-6724
At the hearing, the Neighborhood and Construction Services Department will present
Mayor's omcc testimony regarding the alleged defects. You are advised that you or your representative
616172-,1.6701
may cross examine the City's witnesses and you may present testimony in your own behalf
and call witnesses in your own behalf. We encourage you to attend the meeting since it is
Planning/Zoning always better if someone is available to answer any questions the Board may have.
616/724-6702
Neighborhood and Construction Services
Police Dept.
616/724-6750 City of Muskegon
Public Works
6161726--1786
Treasurer
616172-1-6720
Water Dept.
6\61724-6718
City of Muskegon, 933 Terrace Street. P.O. Box 536. \luskegon. \lichigan 49443-0536
.-\fflnnauve Action
616172+6703
Assessor
616/72-1-6708
Cemetery
6161724-6783
Civil Serdce West Michigan's Sborelloe Qty
616172-1-6716
MUSKEGON HOUSING BOARD OF APPEALS
Clerk
6161724-6705 DATE: July 6 1999
CASE: #99-22 - 1094 Williams
C. N. Services
616/724-6717
Larry Robinson
2045 Getty
· Engineering
6161724-6707 Muskegon,Mi. 49444
Finance
FINDING OF FACTS AND ORDER
616/724-6713
The following action was taken at a session of the Muskegon Housing Board of Appeals
Fire Dept. held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 1st of July 1999.
6 l 6/724-6792
The Neighborhood and Construction Services Department of the City of Muskegon, having
Income Tax
616/724-6770
inspected the building structure located upon the property described as S 66 feet, Lot 7,
Block 69 also known as 1094 Williams found the conditions listed on the attached pages
exist and that these conditions are hazardous as defined in Section 4-23 of the Code of
Inspections
6161724-6715 Ordinances.
The Board further found that these conditions exist to the extent of endangering life, safety
Leisure Service
6161724-6704 and the general welfare of the public.
Manager's Office Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
6161724-6724 declared to be unsafe, substandard and a public nuisance.
Mayor's Office It is, therefore, ordered that the owners or other interested parties take such action to repair
616/724,6701
or remove said structure, or appeal this order within 20 days of the receipt of this order.
Plannlng/Zonlng
616/724,6702
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
Official shall take bids and remove said structure.
Police Dept.
616/724,6750
Public Works
6161726-4786
Treasurer
616/724-6720
Water Dept.
6!6172-1-6718
City of Muskegon, 933 Terrace Street. P.O. Box 536, Muskegon. Michigan 49443·0536
If you wish to appeal this otder, you must' do ~ within twenty days. You may obtain the
appeal fomr. ~ the City's Neighborhood and 'Construction Services IJeparti!!cnt
(Inspections?, City Hall. 933_Tei::i:ace Stteet.
OARD OF APPEALS
DANGEROUS BUILDING INSPECTION
4/JfM.
RESIDENTIAL DWELLING
1. Chimney cap is broken, chimney needs tuck pointing and tluhing.
2. Rotting and missing !liding on home.
3. Back porch is missing steps, rim joist. and threshold is rotting.
4. Front porch ceiling and decking is in need of repair.
5. Broken out windows on home.
6. Back door is missing proper threshold and foundation support.
7. Holes in foundation walls need to ~ repaired.
8. Debris left around exterior of home.
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.
•
ril 20, 1999 AT 1~.:07 a.m. FOR WILLlRl'l::t AU7~
No
1
Cat Violation .a.11n
NOTE: Effective June 1~, 1997 no certificates of campllanc•
will be issued until all faas and debts to the City far 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 A BASEMENT ·
Sewer has backed up and the sewage spill was not cleaned
up-scrub area with bleach water and rinse.
- 4
5
A
B
BASEMENT
Sewer is backed up and needs to be cleaned out.
BASEMENT
Furnace hot/cold air ducts are not connected properly.
6 B BASEMENT
Doesn't have a smoke detector as required by code.
7 BASEMENT
8 A BASEMENT
Fuse panel cover is not installed.
9 B BASEMENT
Water supply is leaking.
10 A BASEMENT
Waste is leaking.
11 A BASEMENT
No hot water heater.
12 B BASEMENT - CENTER CEILING
Junction bo>: does not have a cover.
13 A BASEMENT - EAST CEILING
Has several open splices and open ended wires, missing box
covers, etc. The entire basement is a health and safety
disaster.
14 B BASEMENT - N.W.
Light fixture is broken or loose.
15 B BASEMENT - S.E.
Light fixture is broken or loose.
16 B BASEMENT - S.E. CEILING
Light fixture is broken or loose.
17 A BASEMENT - S.W. CEILING
Has open ended wire.
18 A BASEMENT - STAIRWELL
Switch cover is missing or broken.
19 B BASEMENT - STAIRWELL EXIT
Door is not installed in proper manner.
20 B BASEMENT - STAIRWELL EXIT
Door hardware is broken, missing or incomplete.
21 B BASEMENT - W. CEILING
Has an open splice - must be in covered junction box.
22 A BASEMENT - W. CEILING
Has open ended wire.
No Cat Violation
--• --• ======•=a•••-------•••m••~•~•m•-~ •m1-•••---•••--•••••~•-w~•-••=•=n~•~=na..,..,___
23 8 BASEMENT - N. CEILING -.
Has wires that are not stapled up.
24 BATH
25 B BATH
Door hardware is broken, missing or incomplete.
26 B BATH
Floor covering has holes, rips or is missing or is not sealed
on edges.
27 B BATH
Toilet tank cover is broken or missing.
28 A BATH
Toilet is broken or cracked.
29 A BATH
Outlet cover is missing or broken.
30 B BATH
Does not have a light as required by the code.
31 B BATH
Room is not supplied with 2 sources of power. Must have 2
duplex wall outlets or outlet and one overhead light.
32 B BATH
Wall or walls has a hole or holes or large cracks in it.
33· B BATH
Ceiling has a hole or holes or large cracks in it.
34 A BATH
Standing sewage in bathtub.
35 B DINING ROOM
Ceiling materials are coming down.
36 A DINING ROOM
Window has broken or cracked glass.
37 B DINING ROOM
Window lock(sl is/are missing or inoperative.
38 B DINING ROOM
Floor covering has holes, rips or is missing or is not sealed
on edges.
39 A DINING ROOM - CEILING
Has open ended wire,
40 EXTERIOR
NOTE: The condition of surfaces such as foundation, porches,
steps, roof, etc. could not be deter~ined due to snow cover,
41 B EXTERIOR
Foundation walls have missing mort:ar or open cracks.
42 B EXTERIOR
Foundation walls have peeling paint.
43 B EXTERIOR
Chimney has loose or missing brick or mortar,
44 B EXTERIOR
Chimney masonry cap is broken.
45 B EXTERIOR - @ FRONT DOOR
Siding has holes in it or is rotted or missing,
46 B EXTERIOR - @ REAR DOOR
, .... ""' J,777 Ml .L.LiYI ca•tll•
Na Cat Violation
m ••• ======~===-•--•••:n11•-----•-----•-11,_...,..,_,_ _,..,saa•••--•----
Siding has holes in it or is rotted ar • issing.
47 8 EXTERIOR - FRONT
Guardrail is not in good repair.
48 8 EXTERIOR - FRONT
Guardrail is not 30" high, Whan rebuilding, it must be 36"
high with balusters no further apart than 4".
49 8 EXTERIOR - FRONT PORCH
Trim is broken, missing or incomplete.
50 8 EXTERIOR - NORTH REAR
Light fixture is broken or loose.
51 A EXTERIOR - REAR
Window has broken or cracked glass~
52 B EXTERIOR - SOME SIDING AND TRIM
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
53 A EXTERIOR - SOUTH REAR
Steps are deteriorated or missing-when installing new, steps
must have 36" landing at the top if entering door.
54 B EXTERIOR - SOUTH REAR
Door threshold is broken, rotted or missing.
55 B FRONT FOYER
Wall or walls has a hole or holes or large cracks in it.
56 B FRONT FOYER
Ceiling has a hole or holes or large cracks in it.
57 B FRONT FOYER - EXIT
Door trim is broken or incomplete.
58 GENERAL A
The outside water faucet is broken and has been running full
blast for a few weeks.
59 A GENERAL
No smoke detectors.
60 A GENERAL
Several broken windows.
61 A GENERAL
The furnace arrangement is criminal.
62 A GENERAL
No hot water heater.
63 B fliaricen
b r:.·1 CEL.L. {4F:
F;Jrr,ace needs an inspe1:tion by a n,echanic:al c • ntr·actcJr and
must tJe certified safeu
B DI 1\'. :£ :"JG F:CJD!''l
~l-J • r covering has holes rips or is miss:ir1g or ~-- n1Jt s2al2J 4
E:•di.;J(O::·'.~~-"
C··· t:i :i_ ... ;g :~. nn :i....
c:.'.::-,t -_.,;_::.)"!. rn ; ,a:-···
tr·0nr:e doe:~; n • ·t ~ave 2 t
?·x-:-ER!~R REAR SL.IDING
,::_:J J a z :i. n (J t ;. .i -.::,_ !::.
Flo • r· c • ver·ing has holes) rips or is mis5ir1g or is not sealed
C) i-: (7:: d ~! (;! ·:::; "
16 MIDDL.E BEDROOM
Light above ceiling panei 1sn,t properly ins~3lledu
l.7 ~IDDLE BEDROOM - CEil_ING
Plas·tic panel bro~:en~
lB NCTC:.~
As o-F 4-30-·-99 dwellir1g is j_llegally occupied.,
19 B F~EA? BEDROOM
ias or is m.i5si1·1g •~-- 1
·.-,
CITY OF MUSKEGON
July 1, 1999 __ AT 8;46 a.m. PAG_-
No Cat .,. ;.,-,- . ,,-y, Violation
. ,,, _. ', ' .
=== === - --
Has
--------------------------------------- -
styrofoam that is exposed and must be removed
- .
or covered
------.} __
with a minimum 1/2'' drywall and finished.
21 B REAR BEDROOM
switch is broken, loose or not working.
,.,,.,
4£. B REAR PORCH
Ceiling tile are missing or falling down.
r:'t":!"
·•~·-· B REAR PORCH - SEVERAL AREAS
Has wires that are not protecteda Must bg in cond11it or
stapled to a board.
El'sJD OF LI ST
·•." :: . ·._ .~~i- ··.: --;"i
,----,,-,,•,eo•-•••- • - • '"'"
; ,)::!;o,\,11 · ,lt1tlc-;•J:>1'f'
~ ,_ ·-· _' _ C 1•1li ~r1ir _.,l(,,r ____ _
I
c~_t,Jur:nt>~r,._
,
! •lnfracti9ri .o·a1e .
•
r
Civil Infraction
Driver License No. 0
fl
•_,. ii11 I·
ilg
• .
MO
Fine
Costs
N'lj .
$
$
M
to .
HOUGHTALlNG/EDWARD/G 0
~; ;~:~·13 MACARTHUR
.m State Costs $
a~ $ MUSKEGON MI 49442
!I
,.5?90 Cil) of Muskegon. 933 Terrace Street. P.O. Bo, 536, Muskegon, Ml 49443-0536
..\.fnro•alh·e Action
ol617H-670J
F-\X/72-1-6790
.-\>scssor
616/iU-6708
F.-\.X/72-4-6768
Cemetery
6161i2-4-678J
FAX1122-4188
Civil Service
6161i24-6716
FAX1124-6790 West Mlcblgan's Shoreline City
Clerk
616/il-t.-6705 NOTICE AND ORDER
F AXliH-6768
Comm. & Neigh.
Services
616mum March 28, 2000
FAX1724-6790
Engineering
616/724-6707
F AX/724-6790 Mr. Edward Houghtaling
2345 Dowd
Finance
616/724-6713 Muskegon Ml 49441
Ft\Xfl24-6768
Fire Dept. Mr. Edward Houghtaling
616/724-6792
FAX/724-6985
PO Box4034
Muskegon Ml 49444
Income Tax
616/724-6770
FAX/724-6768 Dear Property Owner:
Info. Systems
616/724-6975 Subject: 696 W.Southern Ave
FAX/724-6768
LOT 14 BLK 414
Leisure Service
616/724-6704
rAxm,-6,,o The City of Muskegon Building Official has recently inspected the subject property and
"'"''"°' om" has found the buildings to be dangerous as defined under Section 4-23 of the
6l6m-1-6m Muskegon City Code. ·
FAX/724-6790
Mayor's Office As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
616/724-6701
FAX/724-6790 structures within thirty (30) days.
Neigh. & Const.
Services lf you elect to repair the structures, you must secure a!\ required permits and physically
616/724-6715
FAX/724-6790
commence the work within thirty (30) days from the date of this order.
::~;;;:;'~~;;"'• Should you have any questions concerning this matter, please do not hesitate to contact
FAX/724-6790 our Building Official, Jerry McIntyre at (231) 724-6715.
Police Dept.
6l6m,.61so Sincerely yours
~J h , ~ '
I
FAXfl22-5140
Public Works ~
6 I 6/724-4100 • • •
FAX/7''"'"' R bert B. Grab1nsk1
Treasurer
Fire Marshal/Inspection Services
616/iH-6720
FAXfl24-6768
\\.'ater Dept.
616/iU-6718
FAX/724-6768
\\ ater Filtration
f;,16i724-4106
F.--\X. iSS-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49-143-0536
.--\ffirmath·e Action
2J I1124•6703
F.-\.X/722-1214 MUSKEGON
Assessor
231/724-6708
FAX/726--5181
Cemetery
231/724-6783
FAX/726--5617
Civil Service
231/724-6716
FAX/724-4405 West Mlchlgan's Shoreline City
Clerk
231/724-6705 MUSKEGON HOUSING BOARD OF APPEALS
FAX1724-4178
Comm, & Neigh. DATE: May 9, 2000
Services
231/724-6717 CASE: #00-29 - 696 W Southern Ave., Muskegon MI
FAX/726-2501
Engineering Mr. Ed Houghtaling Provident Consumer Financial Services
231/124-6707
2345 Dowd 1 E Fourth Street mail 198 D
FAX/727-6904
Muskegon MI 49441 Cincinnati OH 45202
Finance
231/724-6713
FAX/724-6768 FINDING OF FACTS AND ORDER
Fire Dept.
231/724-6792 The following action was taken at a session of the Muskegon Housing Board of Appeals
FAX/724-6985
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the March 2, 2000
Income Tax
231/724-6770
The Inspections Services Department of the City of Muskegon, having inspected the
FAX/724-6768 building structure located upon the property described as Lot 14 BLK 414, also know as,
Info, Systems 696 W Southern, found the conditions listed on the attached pages exist and that these
231/124-6744 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAX/722-4301
Leisure Service
231/724-6704
The Board further found that these conditions exist to the extent of endangering life, safety
FAX/724-1196 and the general welfare of the endangering life, safety and the general welfare of the public.
Manager's Office
231/724-6724 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FAX/722-1214
declared to be unsafe, substandard and a public nuisance.
Mayor's Office
231/724-6701
FAX1722-1214 It is, further ordered that if the owners or other interested parties fail to repair of remove said
Inspection Services
structure, or appeal this order within 20 days of the receipt of this order, the Building
231/724-6715 Official shall take bids and remove said structure.
FAX/726-2501
Plannlng/Zonlng
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
FAX/122-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Billing Dept,
231/724-6718
FAX/724-6768
Water Filtration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
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
·•
MUSKEGON HOUSING BOARD OF APPEALS
• l!RII ,, 1000 MEETING MINUTES
tn/11'"/, ~
"'"..._0,0-027 - 1192 Maple - Huntington National Ban _. I II t ' •
rmed the board that Tony H informed at the last minute that he needed
to represent the ho t the meeting but could make it. He told Bob that they needed 30 days to
repair the roof. Bob sta that the home m good condition on the inside and the only problem
was that the roof was in nee despe repair; therefore, the staffs recommends to grant an
extension of 30 days to make rep · and have an inspection. Mayor Neilson, supported by John
Warner, made a motion to ac the s recommendation and grant an extension of30 days. A roll
call vote was taken.
AYES: ABSENT:
William And
RandyM
John
Case #00-29 - 696 W. Southern - Ed Houghtaling, 2345 Dowd, Muskegon MI
Randy Mackie asked Bob Grabinski for some history on this home. Bob stated that it is poor conditior
and no work has been done on this home. The Inspections Department has had many complaints from
neighbors regarding this home. They are concerned it is a safety hazard and would like it tom down.
There has been no contact with the owner since the Notice and Order was sent out on 3/28/00. The
Staff recommends to declare the structure(s) substandard, unsafe, a public nuisance and to forward to
the City Commission for concurrence. John Warner, supported by Mayor Nielson, made a motion to
accept the Staffs recommendations and forward the case to City Commission for Concurrence. A rol
call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
William Anderson Greg Borgman
Randy Mackie Clinton Todd
John Warner
Fred Neilson
The Motion Carried.
The meeting adjourned at 7:30 PM.
Respectfully submitted by:
~~.,k~L.
RbertB.Grabinski
Fire Marshal/Inspections Dept.
6
Date: May 30, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Concurrence with Housing Board of Appeals
Finding and Order for Case # 00-27, aka, 1192
Maple
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the
Housing Board of Appeals that the structure located at 1192 Maple 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 demolition will be paid with general funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
A Final Notice to Repair was sent on 2/29/00. A memo was received
from Quincy R Tyler, Operations Manager of Service Usa, Inc. in
Sterling, VA. Mr. Tyler requested an extension of 7-10 days to remove
the tenants and/or squatters. The property was in foreclosure and it
would be final on 3/3/00 when Huntington Bank would have the title and
be able to correct the violations. A Dangerous Building Inspection was
conducted on 3/6/00 which revealed the items listed on the report. A
Notice and Order was sent to Huntington Bank on 3/10/00 to Repair or
Demolish the structure in 30 days. On 5/11/00 The Finding of Facts and
Order was faxed to Tony Huffman at Re max after receiving a call from
him stating that he was the representative for the property. Mr. Huffman
was given until June 9 to repair or remove the structure or the case
would be brought to the City Commission. To this date no progress has
been made. It is the Staff's recommendation to demolish the structure.
The estimated cost to repair: $5,000.00
COMMITTEE RECOMMENDATION:
The Commission will consider this item at its meeting on July 11, 2000.
• .,
CITY OF MUSKEGON INSPECTION REPORT
AT 1:52 a.m.
February 29, 2000 FOR MAPLE 1192
f
No Cat Violation
=== === ====-------==========-----==============------------------===----
1
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.
2
NOTE: Unit cannot be occupied until a certificate of
compliance is issued.
3 A EXTERIOR - FRONT PORCH
Storm damaged roof.
4 B EXTERIOR - REAR WINDOW
Improperly boarded.
5 B EXTERIOR - TRIM & WINDOWS
• Has peeling paint and is not protected from weather by
properly applied water-resistant paint or waterproof finish.
END OF LIST
• •
MEMORANDUM
Maroh 2, 2000
To: City of Muskegon
Attn. Department of Building and Code Enforcement
• From: Quincy R. Tyler /
• Operations Manager
Re: Property Address: 1192 Maple
Parcel# 611129235010
I am in receipt of a code violation on the above property. I am requesting that the City of Muskegon
grant a time extension of7-10 days for the following reason's:
• Our oontraotor drove by the property and found it occupied. At this time we are
unable to determine if the occupants are tenants or squatters. The foreclosure sale is
scheduled for Maroh 3, 2000. After that time Huntington will have title and we will
be able to correct the violation.
Please contact me as soon as possible to further discuss this matter. You may reach me directly at
800. 500-1872.
Affirm:ui,e Action
bl61724-6'I0J
FAX,724-6790
Assessor
6161724-6708
F.\X/724-6768
Cemetery
616n24-6783
FAX/722-4188
Civil Service
6l6nl4-6716
FAX/724-6790 West Mk:hlgan's Shorellne I b."'!2+-4106
F.\.\."'SS--5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.\rrirmath·e A.:tlon
!Jl,724-6703
F.\.XJiH-1214
\.1senor
2)1,724--6708
F.-\X;i26-S181
Cemetery
2J ln24-6783
FAxn26-S617
Civil Service
23ln24--6716
F AX/724-4105 West Michigan's Shorelloo Oty
Clerk
231nl4-6705
FAXnl4-4178
Comm, & Neigh.
Services
CITY OF MUSKEGON
231/724-6717
FAX1726-1501
NOTICE OF HEARING ON
Engineering D~GEROUS AND UNSAFE CONDITIONS
2J1n24-6101
FAX/727-6904
Finance
231/724-6713
F.-\X/724-6768
DATE: May 1, 2000
Fire Dept,
231/724-6792
F AX/724-6985 TO:
Income Tax
2311724-6770
FAxn24-6768
Info, Systems SUBJECT: Dangerous Building Case #00-27 -1192 Maple
23 l/724-6744
F AX/722-4301
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Leisure Service
23 l/724--6704 of Muskegon will be held on May 4, 2000 at 5:30 p.m. at the Muskegon City Hall
FAX/724--1196 Commission Chambers on the first floor. Said hearing will be for the purpose of
:'\tanager's Office determining whether the structure should be demolished or otherwise made safe.
2311724--6724
FAX/722-12I4
Officials from the Inspection Services Department have inspected the structure and it is
:\la)·or's Office
231/724-6701 alleged that it has defects as listed on the attached page(s).
FAX/722-1114
Inspection Services The defects are violations of Section 4-23 of the Muskegon City Code, ·.vhich defines
2311724-6715
FA.'(1726-2501
dangerous buildings.
Plannlng/Zonlng
231/724-6702
At the hearing, the Inspection Services Department will present testimony regarding the
FAX/7:U-6790 alleged defects. You are advised that you or your representative may cross examine the
Police Dept. City's witnesses and you may present testimony in your own behalf and call witnesses in
231/724-6750 your own behalf. We encourage you to attend the meeting since it is always better if
FAX1722-5140
someone is available to answer any questions the Board may have.
Public Work.I
231/714-4100
FAX1722-4188 Inspection Services
Treasurer
City of Muskegon
231/724-6720
FAX/724-6768
Water Bllllng Dept.
2J I /724--6718
f..\.xnU--6768
\\" ater Flltratlon
2)1/724-4106
F.--\X/i'SS-5290
City of \luskegon, 933 Terrace Street, P.O. Box 536, \luskegon, \II 49443-0536
MUSKEGON HOUSING BOARD OF APPEALS
APIULj, 10/IO MEETING MINUTES
flJ.47"-o ~ - f-_.r1-½.S,__ fhr-./.L 0--ui......
'",,;:t ' - - ~ .
A . 0
O"'-
lfa-"-.u._._
h~Q.
/,.._,_,,, ~ - , , ' -
°'-A.Si v ~
~- t '-~ •n
/\-.N ~
l,{.m--.lu_.,,__J
4, c_ [XtTr:.1·0((__
~o+ ~ -Ct~tJ ck~&:f-~ k Af,~,
p' -Ii~ j ~ - ()~Cf- 'I ~ ~ (Yv,_'{- '4- J_
~~ a-t w/)(;l ~ ~ o:/ °' c?~. $lid
0-4' ~ r(\.<,'7,--+ P~1~ v ~ + , S[-L~,
C E '!JEST
Side of the roof has rotted or missing roof boards.
16 B EXTERIOR - WEST
Roof has some shingles or parts of shingles missing.
17 LOWER APT.
NOTE: Portions of the structure could not be inspected
completely because of the presence of personal belongings.
18 B UPPER AF'AF,:TMEI\IT
Has a handrail but doesn't go to the top of the steps.
19 A UF·PER APARTMENT
Dwelling or unit is infested with cockroaches.
20 B UPPER BATH
Light(s) has/have a switch that touches the body of the
fixture - must be wall switched or protected by GFIC.
21 B UPPER BATH
o~tlet is part of a light and is not protected by ground
fault interrupter cir·cuit.
CITY OF MUSKEGON INSPECTION REPORT
rlay 20, 1999 AT 10:28 _a.m. FOR WILLIAMS 1060 PAGE 2
No Cat Violation
===
22
===
B
=------------------------------------------------------------=--=
UPPER BATH
Light fixture globe is broken or missing.
23 B UPPER BATH - G.F.I
Outlet is broken, loose or not working.
24 B UPPER BATH - UPPER
Cabinets are not in good repair.
25 A UPPER BEDROOMS
Smoke detector is missing or inoperative near the bedrooms.
26 B UPPER BEDROOMS
Door hardware is broken, missing or incomplete.
27 B UPPER KITCHEN
Countertop is chipped, broken or damaged causing the
countertop to be unsanitary •
• 2,S A UPPER LI\/ I NG ROOM - EAST
Outlet cover is missing or broken.
END OF LIST
,ffirm.iti,e ..\.l.'.tion
t:d6t7H-6703
F.-\.X;'.'2-t-6790 MUSKEGON
.-\ssessor
6l6nH-6708
FAxn:?4-6768
Cemetery
616/724-6783
FAX/722--U88
Cil'il Service
616/724-6716
FAX/724-6790 West Mlcblgan's Shoreline City
Clerk CITY OF MUSKEGON
616/724--6705
FAxn24-6768
NOTICE OF HEARING ON
Comm. & Neigh.
Services
DANGEROUS AND UNSAFE CONDITIONS
616/724-6717
FAX1724-6790
Engineering
616/724-6707
FAX/724-6790 DATE: March 23, 2000
Finance
616/724-6713 TO: Ugene Miles
Fit..X/724-6768
Fire Dept. SUBJECT: Dangerous Building Case #99-38 -1060 Williams
616/724-6792
F AX/724-6985
Income Tax
616/724-6770
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
FAX/724-6768 of Muskegon will be held on April 6, 2000 at 5:30 p.m. at the Muskegon City Hall
Info. Systems Commission Chambers on the first floor. Said hearing will be for the purpose of
616/724-6975 determining whether the structure should be demolished or otherwise made safe.
FAX/724-6768
Leisure Ser\'ice
616/724-6704
Officials from the Inspection Services Department have inspected the structure and it is
FAX/724-6790 alleged that it has defects as listed on the attached page( s).
Manager's Office
616/724-6724 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
FAX/724-6790
dangerous buildings.
Mayor's Office
616/724-6701
FAX/72-H790 At the hearing, the Inspection Services Department will present testimony regarding the
alleged defects. You are advised that you or your representative may cross examine the
Neigh. & Const.
Ser\'ices City's witnesses and you may present testimony in your own behalf and call witnesses in
616/724-6715
FAX/724-6790
your own behalf. We encourage you to attend the meeting since it is always better if
someone is available to answer any questions the Board may have.
Planning/Zoning
616/724-6702
FAxnH-6790 Inspection Services
Police Dept.
City of Muskegon
616/724-6750
FAX1722-5140
Public Works
616/724-4100
FAX1722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAxn24-6768
\\";&ler Fihration
6\61724--'106
F.-\X/1~5-~290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
i •
f
MUSKEGON HOUSING BOARD OF APPEALS
NOTICE AND AGENDA
THURSDAY, APRIL 6, 20
5:30 P.M.
PLACE OF MEETING:
Roll Call
1i(1,-11\,
utes from the March meeting. - ii'
DANGEROUS BUILDING CASES:
~ I VIEW CASES:
; ~ #99-38-1060 WILLIAMS- EUGENE MILES, 2428 SEVENTH STREET, MUSKEGON, Ml
e) A Notice and Order was sent out 6/2/99 to repair or demolish the structures within thirty (30)
days. A Building permit was obtained 8/16/99. Repairs to be complete by 01/31/00. To this
date, there has been no contact with owner. No progress has been made.
#99-27 - 381 OAK- FIRST NATIONAL ACCEPTANCE, PO BOX 4010, E. LANSING, Ml.
01.r,,,._:......., ANTHONY HUFFMAN, 928 W. NORTON, MUSKEGON, Ml.
~\r~<\~A Notice Order was sent out 6/2/99 to repair or demolish the str ctures
~ ~ within thirty ( days. There was no contact with the owner a is property
was discussed at August 5, 1999 HBA Meeting. The er was present and
was given until 1/30/ o complete repairs. To this , there has been no
contact with the owner. ress has been mad t no inspections completed.
#00-14-~ R C H - JOS SLO , 310 W LARCH, MUSKEGON, Ml.
~ ,l..f'. /2t the HBA meeting held on Febru 000, said property was tabled by HBA
fN,t> ~ VQ,,J- ~ until 4/6/00. To this date, there s been contact with the owner. t>°f:c,d-~
~w' ~p~ 5.)._., - ?-,), - · On~~ SJvw t...f.
y)e..,D - H/J /),' n.'). NCIT ~,.,_,,...,._
x~ Qf10 Sx:t/1t7 (11.;$5,').,~
II
(l,.J.,,,1.,1,-1'5 n was offered by commiss;iQoer Qardan
and supported by commiss i aoec Hebn
WHEREAS, Section 37-4 of the City of Kalamazoo Code of Otdlnances empowers the
City Commission to establish maximum rates of fare which may be charged by licensed vehicles
for hire;
WJlEREA.S, a request has been made asking that the existing rates of fare, most recently
established in 1991, be increased; and
WHEREAS, the City Commission determines that some of the requested rate increases
are appropriate.
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 37-4 of the City of
Kalamazoo Code of Ordinances the following maximum rates may be charged by licensed vehicles
for hire:
To enter vehicle / base cbarge $ 1.65
Each addition 1/10 or a mile $ 0.15
Additional passengers $ 1.00
(There shall be no charge for additlonal
passengers who are under 12 years of
age and accompanied by an adult)
Waiting time
First 3 minutes (while loading) - no charge -
Each additional minute $ 0.30
Per hour $18,00
JUN-26-00 MON 12:34 PM KA:. CJTV CLERK ~AX NO. 6163:78,94 p 4
Minimum Fares
Daytime $ 3.00
Nighttime $ 4.00
Luggage Handling - no charge
'fhe above resolution was offered by Commj es i ooer Garcton ,_,__ and
supported by comml ssi ooer Habo
AYES, Commissioners: Cooney, Gardon, Hahn, Heilman, Teeter,
ViGe Meyor McKinney, Mayor Jones
NAYS, Commissioners: None
ABSTAIN, Commissioners: None
RESOLUTION DECLARED ADOPTED.
CERTIFICATE
The foregoing is a u11e and complete copy of a resolution adopted by the City Commission of the
City of Kalamazoo at a regular meeting held on_......,.....,_.__~------·• 1998. Public
notice was given and the meeting was conducted in full compliance with the Michigan Open
Meetings Act (PA 267, 1976). Minutes of the meeting will be available as required by the Act.
M(!M;luwJ
Nancy A. Collins, City Clerk
f:\rcs\la.xi.rnt
511/98
2
CITY OF MUSKEGON
PUBLIC NOTICE
The City of Muskegon hereby gives Notice to the Public that a hearing will be
held in the City Commission Chambers, first floor, Muskegon City Hall, 933 Terrace
Street, Muskegon, at 5:30 p.m., Tuesday, July 11, 2000, on the proposed increase of
taxicab rates.
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services to
individuals with disabilities who want to attend the meeting, upon twenty-four (24) hour
notice to the City of Muskegon. Please contact Gail Kundinger, City Clerk, 933 Terrace
Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD (231) 724-6773.
GAIL KUNDINGER
Muskegon City Clerk
Please Publish July 3, 2000
Acct. #101-20215-5354
RESOLUTION
ESTABLISHING FARES AND CHARGES FOR
TAXICABS
WHEREAS, Port City Cab and Yellow Cab has requested that the City Commission
consider an increase in taxicab rates; and
WHEREAS, the present rates have been in effect since November 10, 1998, and
business costs have been rising; and
WHEREAS, the City Commission held a hearing on July 11, 2000, pursuant to Section
23-20 of the Muskegon Code of Ordinances;
NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of
Muskegon that taxicab rates for Taxicab Companies operating within the City of Muskegon shall
be as follows:
Flag drop $1.90
Each 1/10 mile .175 ($1.75 per full mile)
Wait time 12.00 per hour
Adopted this 11 11' day of July, 2000.
Ayes:
Nays:
Absent:
Fred J. Nielsen, Mayor
Gail A. Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on July 11, 2000. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
Gail A. Kundinger, City Clerk
THE FARES AND CHARGES FOR TAXICABS IN THE
CITY OF MUSKEGON WERE ESTABLISHED BY THE
MUSKEGON CITY COMMISSION ON NOVEMBER 10,
1998 .
. TAXICAB RATES SHALL BE AS FOLLOWS:
FLAG DROP · $1.65 (FIRST 1/10 MILE)
EACH 1/10 MILE $ .15 ($1.50 PER FULL MILE)
WAIT TIME $12.00 PER HOUR
AGENDA ITEM
CITY COMMISSION MEETING
October 13, 1998
TO: Honorable Mayor and City Commissioners
FROM: Gail A. Kundinger, City Clerk
DATE: October 8, 1998
SUBJECT: TaxiCab Rates
SUMMARY OF REQUEST: We have received a request from Port City Cab and
Yellow Cab for an increase in Taxicab fares. The last time there was a change in
rates was December, 1993. The requested changes are as follows:
Current rates: Flag Drop $1.45 Proposed: $1.65
Each 1/10 .10 .15
Full mile $1.30
Wait time $10.00 $12.00
Attached are copies of the rates in Grand Rapids and Kalamazoo. The request is in
line with what other communities have in place.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Approval of the request for change in taxi cab rates
and adoption of the resolution.
COMMITTEE RECOMMENDATION: The Committee of the Whole will review this
request at the meeting held on Monday, October 12, 1998.
98-114(a)
RESOLUTION
ESTABLISHING FARES AND CHARGES FOR
TAXICABS
WHEREAS, Port City Cab and Yellow Cab has requested that the
City Commission consider an increase in taxicab rates; and
WHEREAS, the present rates have been in effect since 1993 and
business costs have been rising; and
WHEREAS, the City Commission held a hearing on November 10,
1998 pursuant to Section 23-20 of the Muskegon Code of Ordinances;
NOW, THEREFORE BE IT RESOLVED by the City Commission of
the City of Muskegon that taxicab rates for Taxicab Companies operating
within the City of Muskegon shall be as follows:
Flag drop $1.65 (FIRST 1/10 mile)
Each 1/ 10 mile $. 15 ($1.50 per full mile)
Wait time $12.00 per hour
Adopted this l/
'
' '
>"' ,1,._:,..L,1 ()),"_ . -- ·- ;!
,•
Commission Meeting Date: July 11, 2000
Date: June 20, 2000
To: Honorable Mayor & City Commissioners
From: Planning & Economic Development
RE: Sale of Four (4) Non-Buildable Lots to Habitat for
Humanity
SUMMARY OF REQUEST:
To approve the sale of four non-buildable lots designated as map numbers 24-31-
20-180-015; 016; 017; and 018, for the construction of two (2) single family homes.
The lots will be sold to Habitat for Humanity for $6,000. Each of the proposed
homes will have 66 feet of frontage and will include the following amenities: brick;
gabled roofs; front porches; shutters; and decorative windows. As the lots are
adjacent, noticeable differences in exterior design are a condition of sale.
Information regarding the impending sale of these lots has been forwarded to the
Jackson Hill Neighborhood Association. Financial information to support the
purchase was unavailable at the time agenda items were due, which explains why
this item was recently added to the agenda.
FINANCIAL IMPACT:
Approval of the sale allows the property to be placed on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk
to sign said resolution.
COMMITTEE RECOMMENDATION:
Recommended by the LRC at their June 20 meeting.
07/11/00 1
Resolution No. 2000-70 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF FOUR (4) NON-BUILDABLE LOTS TO
HABITAT FOR HUMANITY FOR $6,000.
WHEREAS the sale of the non-buildable lots will result in the construction of two single family
homes;
WHEREAS the design of the two homes are not identical and adhere to the architectural
concepts of the Jackson Hill Marketing plan;
WHEREAS, the sale of the lots has been recommend by the LRC and notification of the
proposed homes has been sent to the Jackson Hill Neighborhood Association;
NOW THEREFORE BE IT RESOLVED, that non-buildable lots designated as map numbers 24-
31-20-180-015; 016; 017 and 018 be sold to Habitat for Humanity for $6,000, for the
construction of two single family homes.
(All of Lots 9 & 10 Blk 148)
Adopted this -1.1.th day of July, 2000
Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: Nielsen
Absent Benedict
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 11, 2000. · /
1
By: ~ ~ ~-==-:.....:.::.~
SALE OF VACANT LAND ON ERICKSON TO
HABITAT FOR HUMANITY
Total cost of lots $6,000
Less Jackson Hill
Marketing Incentives:
Brick 2@ $1,000 $ 2,000
Front Porch 2 @ $300 600
Gabled roof 2 @ $300 600
Shutters 2@ $100 200
Decorative Windows 2 @ $200 400
$ 3,800
Discounted land cost $2,200
CITY COMMISSION 7/11/00
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made July 11 , 2000, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Te1nce Street, Muskegon,
Michigan 49440 ("Seller"), and Habitat for Humanity, of 1330 Fifth Street Muskegon,
Michigan 49440 ("Buyer").
I. 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:
All of Lots 9 & 10 Blk 148
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of
the same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Six thousand dollars ($6,000), payable in cash 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 umeasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unrnarketability 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.
G:\COMMON\5\GTJ\C-RLEST\C-SELL.PA
5. Covenant to Constrnct 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 time 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. Incentive Credits. Seller agrees to pay to the Buyer funds in the following
amounts, pursuant to an incentive plan agreed to by the parties, upon completion of the house
and issuance of a certificate of completion or occupancy permit. The incentive payments shall
be paid upon written acceptance and approval by Seller that the following improvements have
been included and completed to the sole satisfaction of Seller:
Incentives apply to two (2) Houses
6.1 Construction of a gabled roof. $600.00
6.2 Construction of a brick front (At least
4 feet above grade the entire width of the
house - front (street) elevation). $2000.00
6.3 Construction of a decorative window on the front
(street) elevation of the house. $400.00
6.4 Construction of a front porch - front (street)
elevation of the house. $600.00
6.5 Construction of shutter - front (street)
elevation of the house. $200.00
Total $3800.00
The amount of the credits will be held by Seller in escrow, without interest, to be refunded to
the Buyers upon acceptance by the Seller. The said credits are agreed to be modifications of the
purchase price for the premises and are for good consideration. The said credits shall not be
available, and the Seller shall retain the said funds without further obligation, if the said
incentive improvements are not completed and accepted within the eighteen (18) month period
set forth in this agreement for completion to code of the house on the premises.
7. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing.
If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment
as to
2
the location, boundaries and area of the Premises and improvements thereon without regard
to any representations that may have been made by Seller or any other person. In the event
that a survey by a registered land surveyor made prior to closing discloses an encroachment
or substantial variation from the presumed land boundaries or area, Seller shall have the
option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's
deposit in full termination of this agreement, and paying the cost of such survey. Buyer may
elect to purchase the Premises subject to said encroachment or variation.
8. 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.
9. 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.
10. 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
11. Closing. The closing date of this sale shall be on or before August 31, 2000
("Closing"). The Closing shall be conducted at Transnation Title Insurance Company, 570
Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
G:ICOMMOMSIGTJkC•RLES'T\GSELLPA
3
12. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
15. 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.
16. 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 patties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision( s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the cons1unmation of this purchase and sale and continue until all liabilities of Buyer
have been fully satisfied.
G:\COMMON\5\GTJ\C-RLESnC-SELl. PA
4
h. Modification of the Agreement. This Agreement shall not be
amended except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: SELLER: CITY OF
dun& I~ By
By
F
~M ,n
tli-:0,
: R:~ ~g,v
Gail A. Kundinger,
BUYER: HABITAT FOR HUMANITY
It's [ ; ; _ ~ ~
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
5
o:m.T-CLAIM DEED,
KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a munlclpal corporation, whooe address is 933 Terrace
Street, Muskegon, Ml 49440,
QUIT CLAIMS to Hpbltat for Humanl:t:\'. ofl330 J!i'lfih S!t••t, Muskegon, MI 49441
The following doscrlbod premises aituated in the City of Muskegon, County of Muskegon, State of Michigan, to w!t:
All of/ots 9 & 10 Bil< 1411
for the sum of Si,: Thousand ($61000,00) Dollars,
PROVIDED, HOWEVER, Grantee, orherassigns,shnll eommeno~ construction ofabome on the premises herein conveyed within
oighteon (18) months alter date hereof. In delhult of suolt construction, title to the premises herein conveyed shall reve1t lot the City
of Muskegon free and clear of any claim of Grantee or her assigns; and, in addition thereto, the City of Muskegon may retain the
consideration for this conveyance tree and clear of any claim of Grantee or her assigns. "Commence construction" means I) the
issuance of a residential building permit by the City ofMu,l(egon; and 2) in the sole opinion of the City ofMUilkegon's Director of
lnspoctions, twenty-tiv• (25%) pe1'Cot'lt completion of the dwellinJ! de•crib•d in the said building permit.
fn the ev""t ofreveralon of title of the nbove deseribed promise, improvori,ents mode thereon slmll become tho property of the
Ornntol'.
This doed is exempt from real etitn1e 1ransfor tax pursuant to tho provl$ions ofMCLA 207,S0S(h)(i) and MCI.A 207.526 Sec, 6(h){i),
Dated this I 'i)1f1 day of July 2000
Signed in the presence of:
Cl'l'Y OF MUSKEGON
@r:,« 6 ~
~ i'i:' ,C,t; itoJ, n IC..__
By ~•:it.f, ef,Hs~r•~
Fred[ ,
Cc• I
2((/fl~!h
t,.;,-,(/,.
&:ttb.
1/,t-rtr
and tlo .LO.; ~4-,v')Q~
'GnliA. if
Kundin~er, Its Clerk .
STATE OF M[CH!GAN
COUNTY OF MUSKEGON
The for@going Instrument wao acknowledged before me this JJtlt day of July 2000, by FRED J, NIELSEN a,nd GAIL A,
KUNDINGER, Mayor and Clerk, respectively, of!he CITY OF MUSKEGON, a munici al corporation, on behalf of the City.
?REPARED BY:
'.l, Thomas Johnso11 ,!,, ,',., . " s, ~ >'-7 ,,,,.
'armenter O'Toore Notary Public, Muakegon County, M!chigQn
'.0. llo~ 786 My commfosion expires: 5!'.-,;JS':::9.2,
vlusbgon, Mt 49443-0786
:elephone1 (231) 722•lf;2! When Recorded Return to: Grantee
Send Subsequent Tax Billno: Grantee
;;1'!~,;;iiWi~!Jf&:0,nt~1iil~,uJ(g~i/!11Txlf?EWlr~!lrfii\JJJJ~~-~llr\i~ffl§'l~~,t"1!Eiiw}l~@®ti~
570 1
... . s~~... M:1t5l/wiill
1
: · TWiali11Sll1litlltDmll
MUSKEGON, J\IH 49~44
016341 9 1
TRANsNATION LAND TITLE INsuRANrn COMPANY No 16 3 4 fj/720 ,
,
DATE
411461 07/21/00 '
11'! CJ)lW
I I /JI/ FIVE THOUSAND SIX HUNDRED ANO 00/100 DOLLARS 5600.00
- I VOID AFTER 90 DAYS
'~~MERICA BANK
";KEGON,))'iI49~
TC
The City of Muskegon
8Y ,//:;~, 'I~~¥"· ..... .
-;;f{--·7_:,- ~
rHE
Z)ROER v~~ORIZEDDiGNMIJRf.:
OF
·av -
- -i\lJTf-HJi~rzE •- .S1G1,J1\fuRE
20443/20453 11• I, I:, 31, 1, q11• 1:0 7 20000 q 1:,1: 1,81.0 3 S 3 1, 1., 1:,11•
CATE OESCR!PTlON AfVlGUi'IT
Bank 5344 Check 163419
Order No 411461 Closed by KD2 Property V/L Erickson St.
411461
Buyer Muskegon County Habitat for Human Seller City of Muskegon
07/21/00 Net proceeds to seller(s) 5600.00
$5600.00
'.l'RANSNATION LAND TITLE INSURANCE COMPANY
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 411461
COUNTY OF Muskegon
jss
That The City of Muskegon, a Michigan Municipal Corporation being first duly sworn on
oath says that they are the true and lawful owner(s) of the premises located at:
V/L Erickson St.
Muskegon, Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bonafide tenants
only and have no other interest in the premises ,whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement. .
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills etc. shall be immediately paid by affiant(s) as soon as informed of such.
Seller(s):
The City of Muskegon
Subscribed_ and sworn to, before me a Notary Public, this 21st day of July, 2000
Notary Public _______ County
My Commission Expires:
KIMBERLY$, DURNELL
Notary Public, Muskegon Coun~ Ml
My Commission Expires 5.a.2004
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: July 21, 2000
Escrow Number: 411461
Property Address: V/L Erickson St.
Muskegon, Michigan 49442
S E L l E R ' S STATEMENT
DEBIT CREDIT
Purchase Price I• I• 6,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I I
.CLOSING FEES I 250.00 I
O\.JNERS PREMIUM I 150.00 I
Real Estate Conmission I I
Sub Total I• 400.00 I• 6,000.00
Amount due Seller $ 5 600.00
TOTALS I• 6,000.00 I• 6,000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
FILE# 411461
DATE: July 21st 2000
PROPERTY ADDRESS: V/L Erickson St.
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following:
"{ The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form·by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER(S):
The City of Muskegon
\
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE # 411461
DATE: July 21st 2000
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form {Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the i~formation provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit,
PURCHASER(S):
Muskegon County Habitat for Humanity
BY QW;rv;,:1 )',,£~~
Barbara Zielinski, Executive Director
L-4260
Michigan Department of Treasury This form is issued under authority of
2766 (9-97) P.A. 415 of 1994. Filing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
11. Street Address of Property 12. County I 14. Date of Transfer {or land contract was signed)
I V/L Erickson St. I Muskegon I I 07 /21/00
I Muskegon, Michigan 49442 I I
13. City/Township/Village of Real Estate .ill City I 1s. lchase Price of Real Estate
I Muskegon u Township I I t,oco. oo
I Villa e I
16. Property Identification Number (PIN) If you don't have a PIN. I PIN. This number ranges from 10 to 25 digits. It
I attach legal description. I usually includes hyphens and sometimes includes
I 61-24-205-148-.0009-00 I letters. It is on the property tax bill and on the
assessment notice.
17. Seller·s (Transferor) Name I 1s. Buyer's (Transferee) Name and Mailing Address
I The City of Muskegon I I Muskegon County Habitat for Humanity
~----------------------c-----~
I
Items 9 - 13 are optional. However, by completing
them you may avoid further correspondence.
I I
I
1330 Fifth Street
Muskegon. MI 49440
! __________________________
Transfers include deeds. land contracts, transfers 19. Ii'Qe of Transfer _
i nvo l vi ng trusts or wi 11 s. certain 1ong-term leases I U Land Contract U Lease
and interest in a business. See the back for a I ill Deed U Other (specify)
complete list. I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
110. U Yes I Ill, Amount of Down Payment
l_ _cls'-"t~he'-"'t~ra~n~sf~e~r~b~e~w~e~e~n~r~e~la~t~ede_ep~er~s~on~s~?_____l~X~l~N~o___ l I_________________
j12. If you financed the purchase. U Yes I 113. Amount Financed (Borrowed)
I did you pay market rate of interest? I I No I !_________________
Exemptions:-~~-~-~--~---~-~-~--~--~~-~-~~~-----~-
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a(7)(a-m). If you believe this transfer is exempt,
indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information
:t&__support your claim.
U transfer from one spouse to the other spouse
U change in ownership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life leas_e or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust where the settler or the settler's spouse conveys property to the trust and is also the sole
_ beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a' joint ownership if at least one person is an original owner of the property (or his/her spouse)
U transfer to establish or release a security interest (collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under corm1on control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U other, specify:
Certification~----~----~-~---~-~-~----------------
1 certify that the information above is true and complete to the best of ""----'k""'~"''-"1e"d"'e"'.~-------------
10wner's Signature ! Date ] I If'signer is other than the owner, print name and
: pJA...h,;-vt(!.,~Le,C.,A~~rf- : ,~.,:, I- 00 : : title.
411461 --------------------L
\
AGENDA ITEM
CITY COMMISSION MEETING
July 11, 2000
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk of
DATE: July 5, 2000
SUBJECT: MML Voting Delegates
SUMMARY OF REQUEST: To designate voting delegates for the MML Annual
Business Meeting, September 28-30, 2000.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: To designate the Mayor as voting delegate and the
Vice Mayor as alternate voting delegate, as done in the past. It is my understanding
that both the Mayor and Vice Mayor will be attending the MML Convention.
COMMITTEE RECOMMENDATION: None.
Date: 7/3/00
To: Honorable Mayor and City Commission
From: Randy Smith, !Equipment Supervisor IDPW
RIE: Budgeted Replacement of Wheel Loader
SUMMARY OF REQUEST: Approval to purchase one Cat 938G wheel loader
from Michigan Cat for $62,900.00.
FINANCIAL IMPACT: $62,900.00 from Equipment Fund.
BUDGET ACTION REQUIRED: None, $90,000.00 is budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of one Cat 938G wheel
loader from Michigan Cat.
loader
Bid Model
Rush Equipment $ 102,900.00 John Deere 544H
$ (37,000.00) Trade in (50161)
$ 65,900.00
$ 117,900.00 John Deere 624H
$ (37,000.00) Trade in (50161)
$ 80,900.00
AIS Construction Equip. $ 99,980.00 Komatsu WA250-3
$ (32,300.00) Trade in (50161)
$ 67,680.00
Michigan Cat $ 96,900.00 Cat 938G
$ (34,000.00) trade in (50161)
$ 62,900.00
Wolverine Tractor and Equip. $103,605.00 Case 580 SL 4wd ext hoe
$ (43,500.00) Trade in (50161)
$ 60,105.00
Contractors Machinery $ 110,000.00 Volvo L90D
$ (31,500.00) Trade in (50161)
-
$ 78,500.00
Budgeted Amount $ 90,000.00
This purchase is a budgeted replacement of an existing unit. We currently have
four Case wheel loaders in our fleet, but decided it was time to check out the
other brands to see if we where still getting the best machine for our money.
After testing all of the above units we found them ail to be fairly equal, with most
of the operators preferring the Cat. Therefor it's my recommendation that we
purchase the Cat wheel loader from Michigan Cat. It's the second to lowest bid,
but has a much higher resale value than the other machines, $12,000.00 to
$15,000.00 more than the low bidder Wolverine Tractor with a case machine.
Commission Meeting Date: July 11, 2000
Date: June 19, 2000
To: Honorable Mayor and City Commissi.9~ers
From: Planning & Economic Developm~
RE: Zoning Ordinance Amendment to Allow Front-Yard Parking
Under Certain Conditions
SUMMARY OF REQUEST:
Request to amend Section 2316 (Storage of Vehicles) of Article XXIII (General
Provisions) of the Zoning Ordinance to add language to permit parking of vehicles in
the front yard, only under certain conditions.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to include the proposed
language in the districts described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/24/00
special meeting. The vote was unanimous.
6/19/2000
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _ _
An ordinance to amend the Zoning Ordinance of the City to permit parking in the front yard,
under certain conditions.
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 add the following
language in #1 of Section 2316 (Storage of Vehicles):
Amend Section 2316- Storage of Vehicles
1. Location: Residential parking areas for boats, trailers, motor vehicles, and recreation equipment
shall not be located in a required front yard. This section shall not prohibit direct access drive
parking of automobiles on paved, established driveways. In the case where there are no
alternatives for automobile parking, front yard parking with adequate access may be granted by
the Zoning Administrator in residential districts under the following conditions:
a. There is inadequate room to establish a driveway along or behind a home.
b. No more than two parking spaces shall be created.
c. The parking spaces and access to them shall be paved.
d. Said access and placement ofparking shall be approved by the Fire Marshal and City
Engineer.
This ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Effective Date:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
First Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
CERTIFICATE
The undersigned, being the dnly 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 11 th
day of Jnly, 2000, at which meeting a quonun 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 pmsuant 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:
- - - - - - - ~ 2000. Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 11, 2000, the City Commission of the City of Muskegon adopted an
ordinance amending the Zoning Ordinance to add the following language to # I of Section 2316 of
Article XXIII:
1. Location: Residential parking areas for boats, trailers, motor vehicles, and recreation
equipment shall not be located in a required front yard This section shall not prohibit direct
access drive parking ofautomobiles on paved, established driveways. In the case where there
are no alternatives for automobile parking, front yard parking with adequate access may be
granted by the Zoning Administrator in residential districts under the following conditions:
a. There is inadequate room to establish a driveway along or behind a home.
b. No more than two parking spaces shall be created
c. The parking spaces and access to them shall be paved
d Said access and placement ofparking shall be approved by the Fire Marshal and City
Engineer.
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 - - - - - - - -, 2000 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.-
Account No. 101-80400-5354
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